This document provides the terms under which you use the BillsTrust service (the service) provided by Madewell Enterprises Pty Ltd ACN 138 512 599 (Madewell).
Madewell seeks to maintain the highest level of protection for your personal information. Please see our Privacy Policy for full details. By registering for the service you agree to provide accurate, current and complete information as required during registration, and to keep this information accurate, current and complete.
The service is designed to be flexible within its designed parameters. The Fair Use Policy forms a part of our terms and conditions.
The service is intended to be used to pay legitimate invoices for goods and services provided. Madewell reserves the right to reject any bill or other image provided to us if in our sole discretion our acceptance of the image represents a risk to the integrity or operation of the service. For example an image will be rejected where the intended payment recipient is not able to be verified as a valid supplier of goods and services, or where the image does not have the nature of a bill.
By registering for the service you agree that Madewell will access funds from the accounts you provide in order to pay your bills on your behalf. Madewell will access funds only as required to pay your bills or our fees (see Fees & taxes below), and will do so only at a time required to ensure delivery of the payment on time (or as soon as possible where you do not provide the bill to us with sufficient time to pay by the due date).
By attaching the supplied identity sticker to a bill and providing an image of the bill to us, or allowing any other person to do so, you agree to provide the funds to us required to pay the bill. We will obtain these funds by debiting your bank account or credit card. You are responsible for any use of the stickers we supply, including unauthorised use, so you should treat the stickers as you would any other irrevocable authority to pay. The fact that you did not authorise the use of a sticker does not relieve you of the obligation to reimburse us. If you lose stickers, or believe that any other person may be able to obtain access to them, you should tell us immediately and we will have the stickers deactivated.
Where you upload a bill image after logging in to the service using your login details, you agree to provide the funds to us required to pay the bill, whether or not a supplied identity sticker is attached to the bill before uploading the image.
If Madewell needs your verbal authority to confirm a bill, we will verify your identity using your stored information. Where voice verification is completed successfully you agree to provide the funds to us required to pay the bill.
Bills will be paid on a date as close as possible to the due date of the bill. Where no due date is specified, we will use a payment date 7 days after the bill date. In making payments on your behalf, we take into account delays inherent in the payment system, weekends and public holidays and any payment date adjustments you make. Where we assess a bill as time sensitive (e.g. insurance policies, fines) the bill will generally be paid slightly earlier to allow for unexpected delays which would have a detrimental affect on you.
Madewell uses modern security technology. See our Privacy Policy for more information. However unless you take adequate security precautions, it could be possible for someone else to gain access to your information. By using the service you agree to take all appropriate precautions, including keeping your password details and document stickers safe. You are responsible for all activity on your account, and for all charges incurred through use of the service.
Use of the service could be disrupted if a bank, business partner, third party supplier or Madewell system fails. This could result in risks to you or your business, for example as a result of delayed payment of a bill.
Each month, Madewell will charge your nominated account the fees for use of the service. The fees charged include the monthly service fee based on the plan you have selected less any applicable multi-account discount, a charge for the use of a credit card to pay bills (of 1.9% for Visa/Mastercard and 2.9% for Amex), a charge of $5.00 for each bill paid that exceeds the bills limit of the plan you have selected, any reimbursements for costs we have incurred (plus administration fees) for the use of a credit card or as a result of your actions, for example funds not being available in your accounts, and any fees applicable as a result of excessive or unreasonable use (see the Fair Use Policy). If we are not reimbursed immediately for a payment we make on your behalf, because for example there is a difficulty accessing your bank account or credit card, or funds are not available in your accounts, you must also reimburse us for our cost of funds. We will do this by applying interest on the unreimbursed amount between the time we make the payment and the time we are reimbursed at the same rate as we are able to borrow funds. When fees are charged Madewell will also post a record of the fees charged as a paid bill in your account on the service. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. You are also responsible for any costs incurred or associated with connecting to the service, for example internet service provider costs and telephone call costs.
The service is not available for use by children. You must have reached the age of majority to use the service.
The service is provided to you on an “as is” basis without warranties from Madewell of any kind, either express or implied. Any information provided on a Madewell website, via the service or by a Madewell employee is provided in good faith, and Madewell accepts no responsbility for the accuracy, completeness or timeliness of the information. Madewell expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Madewell does not represent or warrant that information available through the service is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the service or any portion thereof.
While Madewell attempts to make your access to and use of the service safe, Madewell does not represent or warrant that any element of the service is free of viruses or other harmful components.
Madewell reserves the right, without notice and in its sole discretion, without any notice or liability to you, to terminate your use of the service, or any portion thereof; block or prevent your future access to and use of all or any portion of the service; change, suspend or discontinue any aspect of the service; and impose limits on the service.
If your account is inactive for at least three months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address provided. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.
You and Madewell may terminate these Terms and your use of the service at any time. If you terminate your use of the service you must pay the fees applicable for the balance of the then current billing period and you forfeit any pre-paid fees. When your use of the service is terminated, any data we store about you or on your behalf may be deleted. We may also retain an archival copy of some or all of your data after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival information for our internal business purposes.
Your use of the service acknowledges that you waive and and will not assert any claims or allegations of any nature whatsoever against Madewell, billers or other partners and all of their directors, agents or staff in any way relating to your use of the service. This also means that you will not claim or allege an infringement of proprietary rights, any inaccuracy of the service, or allegations that any person or entity has or should protect you from any claim or allegation arising from your use or other exploitation of the service. You use the service at your own risk.
Without limitation of the foregoing, Madewell will not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the service, including without limitation any damages caused by or resulting from your reliance on the service or other information accessible via the service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the service.
In no event shall the aggregate liability of Madewell, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the service exceed any compensation paid by you for access to or use of the service during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Madewell from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the service, including any claims made by any person that any of your information provided to Madewell infringes the rights, including the intellectual property rights, of any third party.
The service is operated by Madewell from its site in Melbourne, Australia. You and Madewell both benefit from establishing a predictable legal environment in regard to the service. Therefore, you and Madewell explicitly agree that all disputes, claims or other matters arising from or relating to your use of the service will be governed by the laws of Victoria and the national laws of Australia applicable therein. You consent to the jurisdiction of these laws.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, this will not affect the validity and enforceability of any remaining provisions. Madewell may assign any or all of its rights under these Terms to any party without your consent. You are not permitted to assign any of your rights or obligations under these Terms without the prior written consent of Madewell, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Madewell regarding your use of the service, and supercede all other Terms or purported agreements. These terms were last updated on 23 February 2010.