Your use of the POLi™ Service is subject to the following terms and conditions (Terms). By using the POLi™ Service, you agree to be bound by these Terms.
These Terms apply separately to each and every payment, attempted payment or retrieval of Account Information facilitated by POLi™. Your ability to use POLi™ will expire in accordance with these Terms or if a Merchant no longer accepts the POLi™ Service.
If you do not agree to any of these Terms, then you must not use the POLi™ Service. If you do not agree, then do not accept these Terms, and do not continue with your POLi™ session.
Definitions
In these Terms, unless the context otherwise requires:
Account Information means specified data retrieved from your Payment Account, Other Account and Account Provider. Such account data may include financial transaction information such as transaction value, date and description and account holder information such as name, account number, account type and contact details.
Account Information Service means the retrieval of Account Information from your Payment Account, Other Account or Account Provider.
Account Provider means the bank, deposit taking institution or other institution with whom your Payment Account or Other Account is held.
Akahu means either Akahu Technologies Limited or where the context requires the open finance platform provided by Akahu Technologies Limited that POLi™ Mobile uses to securely connect to your Payment Account and Other Account.
Merchant means the merchant (and the merchant’s successors and assigns) from whose website, application or digital property you are entering a session using POLi™ to initiate a payment to the merchant or to initiate the retrieval of Account Information.
Merchant’s Account means the Merchant’s account held with the Merchant’s Account Provider, to which an electronic funds transfer is facilitated using POLi™.
Merchant’s Account Provider means the bank or other deposit taking institution with whom the Merchant’s Account is held.
Merco means Merco Limited, and Merco Australia PTY Limited.
Other Account means your account(s) held with a service provider such as telecommunications providers, utilities providers, and public transport providers, which you agree to connect to POLi™ Mobile through Akahu.
Payment Account means your account(s) held with your Account Provider, from which an electronic funds transfer is facilitated using POLi™.
Payment Initiation Service means the facilitation of an electronic funds transfer from your Payment Account to the Merchant’s Account.
POLi™ Mobile means the mobile application provided to you by Merco via Akahu that is designed to run on your mobile device and which provides authentication and authorisation functions necessary to support the POLi™ Service.
POLi™ and POLi™ Service means the web or application service (including POLi™ Mobile) that facilitates your use of banking services or mobile application services provided by your Account Provider for the purpose of Account Information Services and Payment Initiation Services.
POLi™ Software means the application software, infrastructure and associated services that enable you to use the POLi Service in accordance with these Terms.
we, us, our, and ours, each mean Merco.
you and your refers to you - the person who uses the POLi™ Service.
POLi™ Service
The POLi™ Service is not a credit card or a debit card scheme payment service. The POLi™ Service gives you the ability to:
- Make payments to a Merchant’s Account from your Payment Account, without the need for you to use a credit card or a scheme debit card (the Payment Initiation Service); and
- Retrieve Account Information from your Account Provider (the Account Information Service). Initially, the Account Information Service may only be used in conjunction with the Payment Initiation Service to provide data necessary to complete a payment, however, in the future it may also be used in a variety of other ways with your consent including to provide data in support of other services including a loan application, a budgeting application or the completion of an insurance disclosure.
Services available to you using the POLi™ Service are limited to:
- Payment Initiation Services.
- Account Information Services.
- Providing a record of your payment history via POLi Mobile™.
The POLi™ Service is available to you electronically through either:
- a web browser for PC, Mac and mobile in which case the POLi™ bank interface is to an Account Provider’s internet banking service;
- the POLi™ Mobile app in which case the POLi™ bank interface is to an Account Provider’s mobile banking service;
- a decoupled transaction which utilises both a POLi™ web browser and the POLi™ Mobile app to complete a single transaction through an interface to an Account Provider’s mobile banking service; or
- an Account Provider’s supported interface which may be either a web browser, mobile app or both (in which case the use of both a browser and mobile app is a decoupled transaction). We may enter into an arrangement with an Account Provider for the provision of an API interface (sometimes called open banking) to support the POLi™ Service. An API interface is to the Account Provider’s core systems specifically configured to support Payment Initiation Services and Account Information Services to third parties such as Merco. In the event of an agreement between us and an Account Provider for the provision to Merco of an API interface, the first sentence in the paragraph in these Terms labelled “Your Account Providers” does not apply.
Akahu and POLi™ Mobile
The use of POLi™ Mobile requires you to download our POLi™ Mobile application, which integrates with Akahu. POLi™ uses Akahu to provide a secure connection to your Payment Account or Other Account for the purposes of completing an Account Information Service or Payment Initiation Service.
By using POLi™ Mobile you are required to agree to Akahu’s end user terms and privacy notice.
Your use of POLi™ Mobile is subject to both these Terms, our privacy policy and Akahu’s end user terms and privacy notice.
You must not:
- use POLi™ Mobile in a way that may damage, disable, overburden or impair the POLi™ Mobile application;
- modify, translate, reverse engineer, decompile, disassemble or create derivative works of the POLi™ Mobile application; and
- reduce, duplicate, copy, sell, assign, transfer or otherwise exploit for any commercial purpose, the POLi™ Mobile
Account Information Service - POLi™ Mobile
The first time you give us permission in POLi™ Mobile to access Account Information, you will be required to select the Account Provider you would like us (via Akahu) to access Account Information from, accept these terms and Akahu’s end user terms, and log in to your relevant Payment Account or Other Account. When you connect your Payment Account or Other Account through Akahu in this way, you give your express consent to us and to Akahu:
- accessing your Account Information from the Account Provider you have selected; and
- processing the Account Information in accordance with Akahu’s privacy notice and our privacy policy.
You may be redirected to your Account Provider’s website or mobile application, or multi-factor authentication process, in order to authenticate yourself before connecting a Payment Account or an Other Account through Akahu.
After you have connected a Payment Account or Other Account through Akahu you will need to grant either:
- a one-off consent whereby you authorise us and Akahu to access the relevant Account Information once for the purposes referred to in the consent; or
- ongoing consent, whereby you authorise us and Akahu to access the relevant Account Information on an ongoing basis until your consent expires or is revoked (which you can do via the Akahu dashboard, POLi Mobile or your Account Provider).
By providing Akahu with your Payment Account or Other Account login details, you grant Akahu express consent to use your login details to access your Payment Account or Other Account to obtain the necessary Account Information on your behalf (as your agent) in order to provide you with the POLi™ Service and enable the provision of Account Information to Merco and Merco’s Merchants.
Once Akahu has accessed your Account Information and that Account Information has been provided to Merco we may:
- share your Account Information with Merchants you permit to access that Account Information;
- retain your Account Information in our computer systems; and
- display your Account Information for you in POLi Mobile; and otherwise process that information in accordance with our privacy policy.
We do not check the accuracy of the Account Information retrieved by Akahu from your Account Provider and we rely on you and your Account Provider to ensure that your Account Information is up to date, complete and accurate, and not misleading or deceptive.
Akahu may standardise, enrich, categorise, merge, and otherwise process your Account Information before displaying your Account Information on the Akahu dashboard or on POLi™ Mobile. Please refer to Akahu’s end user terms and privacy notice for more information on this.
Payment Initiation Service - POLi™ Mobile
Our Payment Initiation Service through POLi™ Mobile allows us to initiate one-off or recurring payments from your Payment Account. Akahu is responsible for communicating a payment initiation instruction from POLi Mobile to the relevant Account Provider.
The process for connecting a Payment Account through Akahu is the same as connecting an account for our Account Information Service described above. Please read the terms in the section above regarding our Account Information Service to understand this process.
With your consent, we may provide both our Payment Initiation Service and Account Information Service through Akahu to you.
POLi™ Software
By using the POLi™ Service you agree that:
- Merco owns all of the Intellectual Property and rights in POLi™;
- You will not modify, adapt, translate or create derivative works based upon the POLi™ Software;
- You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the POLi™ Software;
- You will not monitor or alter the execution of POLi™ using tools external to POLi™; and
- You will not alter the inputs, outputs or internal data of POLi™ while executing.
Your Account Providers
By making the POLi™ Service available to you, we are not making any representation that we have the approval or, an affiliation with, or any licence from or agreement with your Account Provider or the Merchant’s Account Provider to operate or make POLi™ available for use by you.
In order to access and use the POLi™ Service, you may be required to download certain pre-requisite third party software, that is required for the POLi™ Software to operate. Your download of that third party software is subject to the terms and conditions imposed by the licensor of that software.
Your Obligations
You agree and acknowledge that:
- You will only use the POLi™ Service in accordance with these Terms and Akahu’s end user terms (where relevant), and for no other purpose;
- You will ensure that your access to or use of POLi™ is not illegal or prohibited by laws that apply to you;
- You will use POLi™ to initiate a payment from your Payment Account and not from any other payment account, or request the retrieval of Account Information from your Other Account;
- Your access to and use of any third party software or websites, including any goods, services, software or information made available from such sites, is governed by that third party’s terms and conditions, if any, and is at your own risk;
- You will not use the POLi™ Service while located in countries that are subject to U.S.A. export Administration Regulations (EAR), including (but not limited to) Cuba, Iran, North Korea, and Syria;
- Subject to the provisions in the ‘Disclaimer and Indemnity’ section below, POLi™ is provided “as is” without any warranty or indemnity of any kind by Merco;
- The POLi™ Service operates separately from your Account Provider’s products and services (such as your Payment Account or Other Account held with your Account Provider), and your Account Provider’s terms, conditions and policies will separately apply to your use of their products and services, including the transfer of funds to a third party account and the retrieval of Account Information;
- If we use POLi™ to process a refund or return of a previous payment that you initiated using POLi™, then that refund or return is to be directed to the same Payment Account from which the original payment was initiated;
- The performance of a POLi™ Service (including response or payment times) will depend on factors outside of our control (or the control of our service providers and/or agents), including (but not limited to) the performance of the Merchant’s website and business systems, mobile applications, processes, rules, codes, procedures and policies of the Account Providers involved in the transactions, and the rules and systems and processes of the intermediaries and participants, the state of the relevant telecommunications network and their interconnections and network congestion, and / or the occurrence of any force majeure event impacting our business or the business of our service providers or agents;
- By utilising the POLi™ Service, you warrant that the Payment Account or Other Account from which you are initiating the payment or retrieval of Account Information is your own account, that you are permitted under the terms and conditions of that Payment Account or Other Account to make such a payment to the Merchant or to provide Account Information, and that you have the capacity and are authorised to make payments or retrieve Account Information from that Payment Account;
- By using POLi™ or by requesting us to block or unblock your use of the POLi™ Service as set out in these Terms, you confirm that you are fully aware of the nature of the transactions and requests and the impact that it may have on your personal and / or business financial position. You confirm that you enter into any transactions or requests (as applicable) at your own will and will take your own precautions to ensure that you will have sufficient and legitimate funds to fund the relevant transaction; and
- You will take your own precautions to ensure that the process that you use for accessing or using POLi™ does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your computer system. For the removal of doubt, to the maximum extent permitted by law, we do not accept responsibility for any interference or damage to your computer system that arises in connection with your use of the POLi™ Software.
Disclaimer & Indemnity
We will not be liable to you or any other party for any loss or damage, however caused that you may directly or indirectly suffer in connection with your use of POLi™, including, without limitation, any loss or damage that arises as a result of your download or use of the third party software referred to above, except to the extent that such loss or damage arises as a direct result of our fraud or wilful misconduct.
To the extent permitted by law, we disclaim all warranties and conditions, express or implied, in respect of POLi™ and your use of POLi™ Service including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose, the process timeframe or performance of POLi™. Where any applicable law (including, without limitation, the Consumer Guarantees Act 1993) prohibits us from excluding or modifying any implied warranty or condition, such warranty or condition will be deemed to be included in these Terms, provided that if permitted by law, and where it is fair and reasonable to do so, our liability for breach thereof will be limited (at our option) to either resupplying the service, or paying the cost of resupplying the service, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.
In no event will we or our respective directors, officers, employees or agents be liable to you or any other party for any consequential, special, indirect or punitive loss or damages, nor for any lost profits, lost business or lost data, even if advised of the possibility of such losses or damages. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach or breach of a fundamental term, except to the extent that the loss, damage or liability arises as a direct result of our fraud or wilful misconduct.
You will indemnify us and keep us harmless from and against any claim made against us by any party arising out of any breach by you of any of your warranties or obligations under these Terms or arising out of your unauthorised, improper or illegal use of POLi™, except where such claim arises as a direct result of our fraud or wilful misconduct.
Fees
We do not charge you a fee for using the POLi™ Service. The Merchant may charge a fee for use of the POLi™ Service; this fee may vary from time to time. You can obtain information about such fees from the Merchant’s website at the time of purchase.
Complaints, Unauthorised Transactions, Mistaken Transactions or Transactions Made in Error
If you believe that there has been an unauthorised access to or a transaction originating from your Payment Account or Other Account you should contact your Account Provider and endeavour to address the issue under the terms and conditions applicable to your Payment Account.
If you made a transaction in error, or you haven’t received the goods or services that you paid for you should contact the Merchant to whom the payment was made to in order to resolve the matter. Alternatively, you may contact us via the email support@polipay.co.nz
If you have any unresolved issue or complaint, please contact us by clicking here.
Blocking and unblocking your use of the POLi™ Service
You may contact us via email at support@polipay.co.nz if you wish to request for your access to the POLi™ Service to be blocked.
Blocking your access to use the POLi™ Service means that you will still be able to log into the mobile banking app or internet banking system of an Account Provider with whom your Payment Account or Other Account is held, but no funds transfer or retrieval of Account Information will be facilitated by POLi™ from the relevant Payment Account(s) or Other Account(s) you have nominated for blocking purposes.
If you have more than one Payment Account or Other Account held with an Account Provider, it is your responsibility to notify us and specify at the time of request which of the Payment Account(s) or Other Account(s) are to be included for the purposes of us blocking your use of the POLi™ Service. For example, if you have two Payment Account(s) or Other Account(s) held with your Account Provider, and you do not wish for POLi to facilitate an electronic funds transfer or permit the retrieval of Account Information from both Payment Accounts or Other Accounts , then you must nominate and specify the details of both Payment Accounts or Other Accounts when requesting us to block your access to the POLi™ Service. If you only specify one of your two Payment Accounts or Other Accounts to us in this case, then the block to your use of the POLi™ Service will only apply to that nominated Payment Account or Other Account , and you will continue to have access to the POLi™ Service for the other Payment Account or Other Account which was not nominated by you.
We will promptly action your request following receipt of your request to block your use of the POLi™ Service and any checks that we may reasonably carry out to verify your identity (or such person(s)’ identity(ies) where they act on your behalf). We will confirm once your access to use the POLi™ Service has been blocked.
You agree and acknowledge that once your access to use the POLi™ Service has been blocked by us, the POLi™ Service will not be available to you permanently with respect to the requested Payment Account(s) or Other Account(s), until such time as we unblock the POLi™ Service following a request by you.
You also agree and acknowledge that we have the right at any time to block your access to use of the POLi™ Service without notice to you in our absolute discretion.
Privacy
By using the POLi™ Service you agree that you have read and understood, and agree to our privacy policy, a copy of which is available here: https://www.polipay.co.nz/privacy-policy/
Legal Construction
These Terms will be governed by, and interpreted according to, the laws of New Zealand and you consent to submit to the jurisdiction of the courts of New Zealand.
Without limiting the above, a party will not be liable for any failure to comply with these Terms where such failure is due to circumstances beyond that party’s reasonable control.
If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms conditions are held to be invalid, unenforceable or illegal for any reason, it will be read down to the extent of the invalidity, unenforceability or illegality, and the remaining terms and conditions shall nevertheless continue in full force.
These Terms constitute the entire agreement between you and us concerning your use of POLi™.
The Terms that were available from our website at the time of your transaction will apply to that transaction.
While we retain the right to unilaterally vary these Terms without notice, that variation would only apply to subsequent use of the POLi™.
Disclaimer
This website and its contents are the property of Merco and are subject to copyright according to New Zealand law.
Whilst Merco has sought to ensure that the content of this site is correct and current at the time of publication, it is for general information only and is not to be relied upon as being complete or accurate. Merco takes no responsibility for any error, omission or defect therein. The content is further subject to change from time to time.
Merco does not endorse any Merchant or Account Provider, their websites, or any goods or services provided by them. These are the responsibility of the relevant Merchant and/or Account Provider. Merco has no control over these. Concerns about these should be directed to the relevant Merchant and/or Account Provider.
To the extent that this website contains links or references to third party websites, these are provided for convenience only. Merco does not endorse the products and/or services of any third party site owner.