1.2 - Scope of T&C’s
The new T&C’s apply to all POLi payment services. The specific services we agree to provide to you will usually be set out in a Merchant Services Schedule specific to your businesses and intended use of POLi. These documents will replace your old Merchant Agreement (which incorporated both terms and services details).

3.1 - How you can use POLi
Your may use POLi on the digital channels (websites and apps) listed in your Merchant Services Channels. You will need to get our agreement if you want to use POLi on other digital channels. If your Merchant Services Schedule describes your use case for POLi, you will need our agreement to use POLi for different use cases.

3.2 - Prohibited Businesses/Prohibited Goods and Services
These are listed in the Participation Criteria page of our website. You may not use POLi for any of the Prohibited Businesses/Goods and Services.

3.3 - High Risk Goods and Services
These are listed in the Participation Criteria page of our website. If you provide High Risk Goods and Services, you will need to comply with any additional requirements stated in the Participation Criteria (e.g. maintaining your NZ registration as a Financial Services Provider).

4.1 - Your customers
When you use POLi to accept payment from your customers, you must treat those customers fairly, reasonably and in good faith, and must complete those transactions in compliance with all applicable laws

4.3 - Customer privacy
When you use POLi to accept payment from your customers, you must protect their privacy in accordance with the Privacy Act and open banking rules (we will advise merchants of any specific open banking privacy rules which may apply).

4.4 - Customer Information
When you use POLi to accept payment from your customers, before initiating the transaction you must ensure you have made clear to your customer:

• Your legal name, trading details and contact details
• The terms of your agreement with the customer
• That you are solely responsible for the supply of the goods or services etc the customer is paying for
• How any disputes or issues can be managed.

5.3 - Information Security
You must maintain appropriate administrative, technical, organisational and physical security safeguards, controls and measures in accordance with good industry practice to prevent unauthorised access to customer data or POLi’s services.

5.4 - Resale
You may not resell or distribute POLi to other businesses.

5.6 - Reputation
You must not do anything in connection with your use of POLi which would harm the reputation of POLi or our partner banks.

9.0 - Liability and indemnity
Your liability and POLi’s is generally limited to $25,000. This limitation does not apply if we breach our intellectual property warranty or for breach of confidentiality. Nor does it apply to the indemnity you give us under clause 9.7 for breach of specified provisions of the T&C’s or to your liability for customer disputes. Neither of us are liable to the other for loss of profit, revenue or consequential loss.

10.4 - Termination
Either party may terminate an agreement for the provision of POLi’s services on 30 days notice (reduced from 3 months in our old Merchant Agreement). We no longer specify a minimum initial term.