We have made every effort to ensure that iPinPay is free from defects. The credit card processing results are LIVE and the results come directly from your credit card gateway and/or merchant account using commercial-grade SSL encryption of 128-bit or higher. Please always test any new accounts created (or updated) in LIVE mode with a real credit card to make sure everything is working well before using this application in production. Credit card refunds need to be enabled via your payment gateway and/or merchant account. If credit card refunds do not work, please call your payment gateway for more help. Please note that if you uninstall iPinPay from your iPhone or iPod Touch, ALL data, accounts, history transaction log etc will be lost. History transaction information is stored on your iPhone (only the first 4 and last 4 digits of the credit card number are stored, CVV numbers are never stored) and at no time is this information transferred to another server apart from your credit card gateway (Pin Payments) on initial transaction request. The transaction history table shows transaction history for the currently active account only.
No intellectual property or other ownership rights in iPinPay pass to you through your use of iPinPay.
You agree not to:
- copy, reproduce, translate or do any act which infringes the copyright in iPinPay;
- create a derivative work from iPinPay by any means;
- decompile, disassemble or reverse engineer the iPinPay save as permitted by law;
- give, licence, rent, assign, transfer, disclose or otherwise make available iPinPay (in any form) to any other person;
- use iPinPay for the business purposes of any other person (either conventionally or on the internet, an intranet or an extranet);
- do anything which will places us in breach of the Privacy Act 1998 (Commonwealth) and any State based and other privacy or data protection related legislation, regulation or code of practice relevant to your use of iPinPay;
- remove or alter any existing copyright, trade mark or proprietary notice on or attached to iPinPay; or
- provide iPinPay as a batch tool, in an ASP environment, or otherwise as a service to third parties.
Where iPinPay does not perform as set out on this website, and you can identify to us the failure to perform, we will replace iPinPay with a version of iPinPay that does so perform as set out on this website. The replacement of iPinPay with a version of iPinPay which performs as set out on this website will be our sole liability relating to a failure of the Licensed Programs to perform as set out on the this website.
Nothing in these terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on you by the Trade Practices Act 1974 (Cth) or any other consumer legislation as amended (the “Acts”) which we are not lawfully able to exclude, restrict or modify. Where we breach a non-excludable condition or warranty which has been implied by the Acts, our liability for breach will be limited, to the extent lawfully
permissible, to the replacement of iPinPay or the repair of iPinPay.
We give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to iPinPay (or, in relation to any reports or items generated or produced by or with the aid of it), and all implied conditions and warranties are excluded to the fullest extent permitted by law.
You acknowledge that in entering into this Agreement you have not relied in any way on our representations, descriptions, illustrations, specifications, skill or judgment except as expressly specified in these terms and that you have satisfied yourself as to the condition and suitability of iPinPay for your purposes. You acknowledge that the iPinPay has not been developed to meet your particular requirements.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our maximum aggregate liability to you in relation to your use of iPinPay shall not exceed the total amount paid by you for iPinPay.
You will indemnify us and keep us indemnified against all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of:
- your use of iPinPay; or
- any alleged misuse by you of a third party’s personal information, credit card details or other information collected using iPinPay or otherwise.