Paymark recognises the importance of safeguarding your personal information. We are bound by, and comply with, the Privacy Act 1993 (the “PrivacyAct”). If you are located in the European Union (“EU”), you may have rights under the EU General Data Protection Regulation (“GDPR”).
COLLECTION OF INFORMATION
The types of information we collect may include but not be limited to:
- Information you give us when you register for our products or services or to receive communications from us or otherwise interact with us including: name, email address and other contact details, identity information, usernames and passwords, payment card details and any other personal information or items provided via our merchant portals, apps or websites.
- Information we receive from another person or organisation linked to your Paymark accounts as part of the registration process or during use or maintenance of your Paymark accounts.
- Information, including verification information, we obtain from trusted third parties about you, your personnel or your company to enable us to provide a product or service to you (e.g., banks or credit bureaus).
- Information collected using automated technologies which track visits to and use of our websites which we aggregate and does not identify individuals.
- Information collected using automated technologies which may identify an individual including information about a customer’s device or computer, use of our website, merchant portals and apps such as:
- Information about computer or device: IP address and domain name, device type, operating system and browser information, device screen size and geographic location.
- Information about use of our website: referring domain, pages visited on our website, date and time when website pages were accessed.
- Cookies and similar technologies: information we obtain from cookies in the administration of our website and to improve the usability of our website. You may be able to configure your browser to notify you when you are offered a cookie and decide whether or not to accept it. However this may have a negative impact on use of our website.
- Information about use of our products and services via our websites, merchant portals and apps: including date and time of use, payment cards registered, transaction data and expense information.
You may decide not to provide your personal information to us. However, if you do not provide it we may not be able to provide you with full access to our products and services, merchant portals, apps, websites or associated services.
USE & DISCLOSURE OF INFORMATION
The information we collect will be retained by us for our business purposes including but not limited to:
- verifying your identity;
- communicating with you;
- providing our products and services and information about our products and services to you including but not limited to account administration and technical support;
- providing you with further information about us or other goods or services offered by us;
- providing you with news, reports or information that we consider may be of interest to you;
- marketing, promotional and publicity purposes (including direct marketing), market research and surveys;
- analysing use of our website, merchant portals and apps and associated services;
- reporting in aggregate form (with identifiable characteristics removed so that you will remain anonymous);
- monitoring the effectiveness of email campaigns; and
- improving the content of our website, merchant portals, apps and other products and services.
Your personal information will be made available internally at Paymark for the above purposes and may be accessed by selected staff (such as customer service representatives).
We may also disclose your information to selected third party service providers who hold or process information on our behalf to help us provide our products and services or operate our apps, merchant portals and website. Third party service providers are subject to contractual restrictions to ensure that information held or processed on our behalf is protected.
We may disclose your information to Centrix who will verify the accuracy of that information for the purposes of our customer due diligence and credit checking requirements. Centrix may use the information to update its credit information bureau and provide the information as part of its credit reporting services to other subscribers.
We may use the services hosted by third parties to understand how our customers use our apps, merchant portals and websites and associated products and services, including but not limited to, Google Analytics, Mixpanel, Silverstripe, Klipfolio, Salesforce and Hotjar which may collect information for their own business purposes. For information on how these third parties collect and use your information, please refer to their privacy policies. By using our apps, portals or our website you consent to the processing of data by these third parties in accordance with their privacy policies. Users can opt-out of use of analytics tools as follows:
- to opt out of Mixpanel the user must visit https://mixpanel.com/optout/ and confirm opt out
- to opt out of Google, the user must download the extension on to their browser: https://tools.google.com/dlpage/gaoptout
- to opt out of HotJar, you can change the settings in your browser https://www.hotjar.com/opt-out
We may use or disclose personal information that you have provided to us, or which we have obtained about you:
- for the above-mentioned purposes;
- if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
- to comply with a legitimate request by a law enforcement or government agency pursuant to a statutory or regulatory requirement or as part of court proceedings or to protect our rights; and
- if we are authorised, required or permitted by law to use or disclose the information.
STORAGE & SECURITY
Information we collect in relation to use of our products and services, merchant portals, apps and websites and associated services is stored by Paymark Limited.
The security of your information is important to us and we have invested significant efforts to follow best industry practice to protect information. While we protect information to the best of our ability we cannot guarantee the security of factors beyond our control such as vulnerabilities that may be identified in Internet protocols.
Customers can be assured that as an entity that handles cardholder data we operate in accordance with strict requirements for protecting your cardholder data set out in the Payment Card Industry Data Security Standard (“PCI DSS”). Evidence of our PCI DSS compliance is available on request.
GENERAL DATA PROTECTION REGULATION (EU) 2016/679 (GDPR)
This section only applies to the collection and processing of EU personal data by Paymark. This section will apply to you and the processing of your EU personal data if you are in an EU country. This section does not apply with respect to your personal information if you are located outside of the EU countries, even though you may be a citizen of an EU country.
For the purposes of this section, the term ‘process’ has the meaning given to it under the GDPR and may include any operation or a series of operations performed on EU personal data, including collection, recording, organisation, structuring, storage, adaptation, retrieval, consultation, use, disclosure, by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
EU personal data that is collected by us may have been sourced directly from you, a third party (e.g., our European associates) or implied from your use of our services.
We will only collect and process EU personal data where we have the legal grounds to do so. The principal legal grounds that justify our use of your EU personal data include where:
- you have consented to our use of your EU personal data;
- your EU personal data is necessary for us to perform our contracts with you;
- we need your EU personal data to comply with a legal obligation;
- we use your EU personal data to achieve a legitimate interest; and
- your EU personal data is necessary for us in respect of any legal claims by us, you or a third party.
Any EU personal data will be:
- processed lawfully, transparently and in a fair manner;
- collected in an adequate and relevant manner and limited to what is necessary in relation to the purposes for which the EU personal data is processed;
- access and portability: a request can be made by you for a copy of your EU personal data and you may request to be provided with such EU personal data in a structured, commonly used and machine readable format (including for the purposes of transferring to another party).
- restrictions and objections: You may request that we limit our use of your EU personal data or processing by requesting that we no longer use your EU personal data or limit how we use your data, this may include where you believe it is not lawful for us to hold your EU personal data or instances where your EU personal data was provided for direct marketing purposes and now you no longer want us to contact you.
If you have any questions, comments or complaints about our handling of your EU personal data, or wish to contact us regarding your EU personal data, please use the contact details set out below in the ‘Contact’ section.
RIGHT TO ACCESS
Under the Privacy Act and the GDPR you are entitled to certain rights of access to your personal information held by us. You are also entitled to have any incorrect information corrected by us.
You may request access to, or correction of, any personal information we hold about you by sending an email to [email protected] or Privacy Officer, Paymark Limited, Level 2, 162 Victoria Street, Auckland, 1010.
To ensure that the personal information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.
By registering to use our products and services or to receive communications from us, you agree that we can contact you by email and we may send you commercial electronic messages for the purposes of:
- providing our products and services and information about our products and services to you including but not limited to account administration and technical support;
- providing you with further information about us or other goods or services offered by us;
- providing you with news, reports or information that we consider may be of interest to you; and
- marketing, promotional and publicity purposes (including direct marketing), market research and surveys.
You will have the option to unsubscribe from any contact list that is not essential to provision of our products and services at any time using the “unsubscribe” link that appears in the email you receive from us.
Official communication from us will be sent from the domains @paymark.co.nz or @paymarkclick.co.nz.
If you receive any other communication from a different domain this should be treated as spam and we take no responsibility for any such communication. We sometimes uses third party tools to send out emails. We seek to follow best practice where possible and make every effort to reduce the risk associated with email communications. Due to the nature of email protocols, we are not able to guarantee the security of senders, receivers or email messages themselves. If you receive anything from @paymark.co.nz [email protected] that looks suspicious in any way, please notify us via [email protected].
We would never ask you for your password or payment card information via email.
We may also send push notifications to customers from our merchant portals and apps. A user can turn off functionality within the settings of our apps and merchant portals.
CHANGES TO THIS POLICY
Privacy Officer, Paymark Limited, Level 2, 162 Victoria Street, Auckland, 1010.
Paymark Website Terms and Conditions
Paymark Website Terms and Conditions
The Paymark website(s) and related web-based services are made available to site visitors pursuant to the following terms and conditions of use (“Terms and Conditions”), and any other rules posted on the website. By visiting the Paymark website(s) you are accepting the Terms and Conditions. If you disagree with these Terms and Conditions you must discontinue use of the website immediately.
Paymark holds all copyright and other intellectual property rights in this website and reserves all such rights. You may electronically store and reproduce the contents of this website solely for the purpose of viewing this website or saving website content for your own personal use. You may not display or distribute the content of any of these pages in public or where the content is accessible to the public, including making any reproduction in any form on the Internet without seeking prior permission from Paymark.
- With this website, Paymark is not, in any way, making any offer to enter into any contractual agreement with you.
- We may include links on this website to other websites or resources operated by parties other than Paymark. Paymark is not responsible for any of the content or accuracy of external websites or pages. Furthermore we are not responsible for the availability of external websites or pages and do not endorse them, nor are we liable or responsible for the privacy practices of the content of the external websites.
- If you create a link to the Paymark website you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Paymark against any loss, damage, liability or costs or expense arising from or in connection to the link.
- Whilst Paymark makes every effort to ensure the information contained on this website is accurate, it does not represent or warrant the accuracy or completeness of any information on this website or that this information is suitable for your intended use. The information on this website may be changed at any time without prior notice.
- Subject to any applicable law which cannot be excluded and to all provisions implied by statute which cannot be excluded, Paymark accepts no responsibility for any loss, damage or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information on this site or our failure to provide this site.
- Publication of email addresses should not be taken as deemed consent to receiving unsolicited electronic messages.
- These terms and conditions are in addition to and do not replace any terms and conditions for Paymark products or services and Paymark reserves the right to change the Terms and Conditions without prior notice.
Paymark Insights Merchant Terms and Conditions
Paymark Insights Merchant Terms and Conditions
Version 1.1 dated 3 February 2017
These Terms apply to the registration for and use of Paymark Insights. Paymark Insights is only available to Merchants in New Zealand who are connected to the Paymark System for processing Transactions. These Terms are intended to explain the obligations of Paymark (“our”, “us” or “we”) as the owner of Paymark Insights and your obligations as a Merchant that has registered to use Paymark Insights (“you” or “your”).
By ticking the “I agree” check box on the registration page and registering to use Paymark Insights you accept and agree:
(a) that you have read and understood these Terms;
(b) to be bound by all of these Terms;
(c) that you have the authority to act on behalf of any person or entity for whom you are registering to use Paymark Insights and you are deemed to have agreed to these Terms on behalf of any entity or person for whom you use Paymark Insights.
We reserve the right to change these Terms at any time by providing you with written notice in accordance with clause 21. By choosing to continue to use Paymark Insights you are deemed to accept any amended Terms.
1. Definitions: In these Terms the following words and expressions shall have the following meanings:
(a) “Business Day” means a day on which banks are open for normal banking business in Auckland;
(b) “Device” means a computer, mobile phone or any other device used to access Paymark Insights;
(c) “Fees” means the monthly fees or charges, plus GST, for each Merchant Number registered for Paymark Insights as set out on our Website (or as otherwise agreed with you or updated by us from time to time in accordance with clause 21);
(d) “Intellectual Property Rights” includes all trademarks (including logos), domain names, inventions (including patents) service mark, copyright, moral rights, rights in a design, rights in software, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered; e "Merchant" means a merchant who has a current Merchant Agreement;
(f) “Merchant Agreement” means an agreement between Paymark and a Merchant providing for the Merchant to effect Transactions through the Paymark System;
(g) “Merchant Number” means the unique merchant identification number allocated to each merchant store;
(h) “Paymark” means Paymark Limited, a company incorporated in New Zealand with registered address Level 2, 162 Victoria Street, Auckland, 1010 and registered company number 438574;
(j) "Paymark System" means the electronic funds transfer, payment authorisation and data capture and delivery service owned and operated by Paymark;
(k) “Terms” means these terms and conditions which apply to the registration for and use of Paymark Insights, as may be amended from time to time in accordance with clause 21;
(l) “Transaction” means an electronic transaction processed through the Paymark System as defined in the Merchant Agreement;
(m) “Transaction Data” means all data relating to Transactions and any other data or information compiled from the Paymark System;
(n) “User” means any person you have permitted to be an end user of your Paymark Insights account; and
(o) “Website” means the Paymark website www.paymark.co.nz
2. Use of Paymark Insights: We grant you and your Users the right to access and use Paymark Insights. This non-exclusive, non-transferable right is limited by and subject to these Terms and is immediately revocable at our sole discretion without notice. Use of Paymark Insights may be subject to advised limitations. We remain the owner of Paymark Insights at all times. Paymark Insights contains information from the Paymark System and our records and is provided for the purpose of assisting you to assess Transaction Data that relates to your business. Provision of Paymark Insights does not constitute accounting, tax or other financial advice whether in respect of the Transaction Data or its representation in Paymark Insights or otherwise.
3. Support: Support services in respect of Paymark Insights may be requested by sending an email to [email protected] or by calling 0800 PAYMARK (0800 729 627) 24 hours a day, 365 days per year.
4. Registration and accounts: In registering to use Paymark Insights:
(a) Password security: you will ensure that all usernames and passwords required to access Paymark Insights are kept secure and confidential and you will notify us immediately by email to [email protected] of any unauthorised use of your password or any other breach of security.
(b) Registration information: you will provide us with all information we reasonably request to enable us to register you to use Paymark Insights. You confirm that the information you provided to us on registering for Paymark Insights was at the time you provided it current, complete and accurate, and you agree to maintain and update the information as required to keep it so. If you are not able or willing to provide information or keep information up to date then it may result in you or your Users being unable to use Paymark Insights.
(c) Reliance upon password: you release us from any claim arising from any reasonable reliance by us upon use of your password, including us disclosing information relating to your registration and/or affairs with us. You agree to indemnify and hold us, our directors, officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your password.
(d) Acknowledgement: You acknowledge that registration for Paymark Insights will not be complete until you have completed the registration in full including the email verification process and creation of password for your Paymark Insights account. You further acknowledge that your log-in credentials and personal information provided to Paymark for Paymark Insights may be used to grant you access to other Paymark products and services you purchase.
5. Users: You agree that, subject to any applicable written terms between you and your Users, or any other applicable laws:
(a) you determine who is a User of your Paymark Insights account. You control what level of access any User shall have to your Paymark Insights account and to Paymark Insights at all times. You can revoke or change a User’s access, or level of access, to Paymark Insights at any time and for any reason, in which case that person or entity will cease to be a User or shall have a different level of access to the Paymark Insights account, as the case may be; and
(b) if there is any dispute between you and a User regarding access or level of access to your Paymark Insights account, you shall decide what access or level of access that User shall have, if any.
7. Service Provision: The provision of, access to, and use of, Paymark Insights is on an "as is" basis. We cannot guarantee 100% up time. We may withdraw, amend, suspend or restrict availability to Paymark Insights (or any part of it) or any associated services) at our sole discretion for any reason including, but not limited to, technical, security, legal or business reasons or for the purposes of carrying our maintenance or development. We do not warrant that the use of Paymark Insights will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing Paymark Insights, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to Paymark Insights. We are not in any way responsible for any such interference or prevention of your access or use of Paymark Insights.
8. Fees and Payment: In consideration of us providing Paymark Insights to you, you will pay the Fees to us in accordance with these Terms:
(a) on receipt of an invoice for Paymark Insights you will pay the Fees to us without set off or deduction no later than the 20th day of the month following the date of the invoice;
(b) where you have provided a direct debit authority for us to debit your nominated bank account with fees and charges under your Merchant Agreement then we will be entitled to debit your nominated bank account with the Fees (or any other cost, charge, liability or expense) payable under these Terms;
(c) we may review and amend the Fees from time to time provided that we shall give you notice of any change to the Fees in accordance with clause 21; and
(d) if you fail to pay the Fees when due we may restrict, suspend or cancel your access to Paymark Insights and we are entitled to terminate your subscription in accordance with clause 15(b).
9. Authorities: You warrant that:
(a) where you have registered to use Paymark Insights on behalf of an organisation, you have the authority to agree to these Terms on behalf of that organisation and agree that by registering to use Paymark Insights you bind the organisation on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms; and
(b) if you provide information (including personal information) of other individuals or third parties to us, that you have the express consent of such individual or third party to provide such information to us and that we may use such information for the purposes disclosed to you at the time of such collection, which may include sending such individual or third party commercial electronic messages as set out in clause 30.
10. Your responsibilities: You are responsible for:
(a) all use (including misuse) of Paymark Insights by you and any of your Users (if applicable); b granting permission to your Users to access your Paymark Insights account;
(c) activating and deactivating any Merchant Numbers for which you wish to receive Paymark Insights (where you have authority to do so);
(d) determining whether the functions of Paymark Insights as described on our Website meet your requirements and are suitable for the purposes for which you wish to use it;
(e) only using Paymark Insights for your own lawful internal business purposes in accordance with these Terms;
(f) ensuring that information derived from Paymark Insights is not provided to a third party (other than professional advisors or your permitted Users) without our prior written consent;
(g) the security of your Devices used for accessing Paymark Insights, including maintaining an up to date browser, firewall or anti-virus and anti-spyware software and you must protect your Devices and ensure you update all security software by downloading the latest security patches from the relevant software provider; and
(h) advising us of the sale of your business not less than five Business Days prior to the date of sale.
11. Access conditions: You must not:
(a) use Paymark Insights in an unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms;
(b) attempt to undermine the security or integrity of our computing systems or networks used to provide Paymark Insights;
(c) use, or misuse, Paymark Insights in any way which may impair the functionality of Paymark Insights or other systems used to deliver Paymark Insights or impair the ability of any other user to use Paymark Insights;
(d) attempt to gain unauthorised access to any materials (other than those to which you have been given express permission to access) or to the computer system on which Paymark Insights is hosted; and
(e) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver Paymark Insights.
12. Indemnity: You indemnify us, our directors, officers and employees against all claims, actions, costs (including legal costs), damage and losses incurred by us arising from any and all breaches by you or any of your Users of any of these Terms or any other obligation you or a User may have to us or warranty you or a User may give to us.
Intellectual Property Rights in Paymark Insights: Nothing in these Terms, or your use of Paymark Insights, will transfer any Intellectual Property Rights in Paymark Insights, any Transaction Data or any of our associated systems or services) to you or entitle you to use any Intellectual Property Rights in Paymark Insights other than as expressly set out in these Terms. If you provide us with any suggestions, comments and feedback about Paymark Insights or associated services you grant us the right to use any feedback you provide to further develop and enhance Paymark Insights or other products and services. To the extent you create any Intellectual Property Rights relating to Paymark Insights these will on creation be owned by us and you hereby assign all such Intellectual Property Rights to us. You shall not use any of our trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Paymark or Paymark Insights unless you have our prior express, written consent.
13. Term: These Terms will automatically renew monthly, provided you continue to pay the Fees, unless earlier terminated in accordance with these Terms.
14. Termination: These Terms and your Paymark Insights Account:
(a) may be terminated by you at any time (or as they relate to one or more Merchant Number) by sending an email to [email protected]
(b) may be terminated immediately at any time by us without notice if:
i. we consider there is a security, legal or other risk to Paymark Insights or our systems;
ii. we consider that Paymark Insights is being, or is likely to be, used fraudulently or for any other unlawful or improper purpose;
iii. you fail to pay the Fee when due;
iv. you otherwise breach any of these Terms and the breach is not capable of being remedied or you do not remedy the breach within 5 days after receiving notice of a breach capable of being remedied; or
v. you become insolvent or go into liquidation or have a receiver or manager appointed of any of your assets or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
(c) If you sell your business or part of your business you must notify us not less than five Business Days prior to the date of sale. You acknowledge that (a) your Paymark Insights account for the relevant Merchant Number(s) for the business being sold will be terminated and any new owner will need to register for a new Paymark Insights account and (b) if the Merchant Number(s) is transferred to a new owner of the business then the historic Transaction data prior to the date of sale for the Merchant Number(s) being transferred will be available to the new business owner to view if they register for Paymark Insights.
(d) If your Merchant Agreement terminates (or terminates as it relates to one or more Merchant Numbers) you acknowledge that your Paymark Insights account for the relevant Merchant Numbers will also terminate.
15. Consequences of Termination: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms, for any reason:
(a) all rights granted to you under these Terms will cease. You will not be able to access or use Paymark Insights; and
(b) clauses 4(c) (Reliance upon password), 7 (Service Provision), 11 (Access Conditions), 12 (Indemnity), 13 (Intellectual Property Rights in Paymark Insights), 16 (Consequences of Termination), 17 (No Warranties), 18 (Limitation of Liability), 19 (Links) and 29 (Law) will survive termination.
16. No warranties: Except as expressly provided in these Terms all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement of Intellectual Property Rights. In particular, we do not warrant that Paymark Insights will meet your requirements or will be uninterrupted or error free or that all errors have been corrected. You acknowledge that Paymark Insights is a service intended solely for the purposes of businesses and accordingly the Consumer Guarantees Act 1993 will not apply.
17. Limitation of Liability: Except as expressly provided in these Terms, to the maximum extent permitted by law, we exclude all liability and responsibility to you, your Users or any organisation (or any other person) in contract, tort (including negligence), equity, statute or otherwise, for any loss (including without limitation loss of information, data, profits and savings) or damage resulting, directly or indirectly, from the supply of, any use of, or reliance on, Paymark Insights or any associated services. Without limiting this, if loss or damage is suffered which cannot be so excluded, any claim against us will be limited in aggregate, to the extent legally permissible, to an amount equivalent to the Fee charged to you under these Terms during the month immediately preceding the date on which the loss or damage first arose. If you are not satisfied with Paymark Insights, to the maximum extent permitted by law, your sole remedy is to terminate your account in accordance with clause 15(a).
18. Links: We may include links on our Website to other websites or resources operated by parties other than us. We are not responsible for any of the content or accuracy of external websites or pages. Furthermore we are not responsible for the availability of external websites or pages and do not endorse them, nor are we liable or responsible for the privacy practices or the content of the external websites. You will need to make your own independent judgement regarding interaction with any third-party websites
19. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay Fees.
20. Amendment and Notices of Variation of Fees: We may amend the Terms, advise you of any variation or supplement to the Fees, or of a proposed assignment by giving written notice to you. The amendment, notification or assignment will take effect in accordance with its terms but in any event not earlier than one month after the date of service of the notice. However, we reserve the right to urgently change these Terms if required by law or where necessary for security reasons, to prevent fraud or for technical reasons.
21. No Relationship: These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between the parties.
22. Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given and received when it passes the point in the senders computer system that the transmission could not be retrieved or stopped by the sender from being transmitted to the correct email address of the recipient, provided that any communication received, or deemed received after 5pm, or on a day which is not an ordinary Business Day, shall be deemed not to have been received until the next Business Day. Contract notices to us must be sent to [email protected] or to any other email address notified by email to you by us or updated on our Website. Notices to you will be sent to the email address which you provided when setting up your access to Paymark Insights or as otherwise amended on notice us.
23. Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce these Terms.
24. Assignment: You may not assign or transfer rights or obligations under these Terms to any other person. We may assign our rights and obligations under these Terms to any other person on notice to you.
25. General: If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose. The remaining Terms will be binding on the parties.
26. Dispute Resolution: In the event of a dispute between us relating to Paymark Insights, we shall first attempt to resolve the dispute by good faith negotiations. If those negotiations are unsuccessful either party may refer the dispute to arbitration in accordance with the Arbitration Act 1996, except that the arbitrator shall be a person agreed by you and us or, in the absence of any agreement, shall be appointed (at the request of either party) by the President for the time being of the New Zealand Law Society.
27. Entire agreement: These Terms and the terms of any other notices or instructions given to you under these Terms, supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to Paymark Insights.
28. Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand.
29. Email Communications: By registering to use Paymark Insights you agree to be contacted by us by email which includes sending you commercial electronic messages. You will have the option to unsubscribe from any contact list that is not essential to provision of Paymark Insights at any time using the “unsubscribe” link that appears in the email you receive from us.
To download the Paymark Insights Merchant Terms and Conditions click here.
Click Terms and Conditions
MyPaymark Merchant Portal Terms and Conditions
MyPaymark Merchant Portal Terms and Conditions
Version 1 dated 30 July 2018
1.1 These terms and conditions (“Terms”) apply to the use of the MyPaymark Portal (the “Portal”) by a Paymark merchant customer (“Merchant”) and each person nominated to use the Portal on behalf of a Merchant (each a “User”). The Portal contains information and data from Paymark’s systems and records and enables the Merchant to view information about the products and services that Paymark provides to the Merchant.
2.1 By ticking the “I Agree” check box when activating your access to the Portal you acknowledge and agree that you have:
a) read and understood and agree to be bound by these Terms; and
b) the authority of the Merchant to access and use the Portal on behalf of the Merchant and that the Merchant shall be bound to comply with these Terms.
3.1 Paymark may change these Terms at any time by posting amended Terms on the Paymark website. The amended Terms will be effective from the time posted and it is the responsibility of the Merchant and each User to be familiar with the latest Terms. The continued use of the Portal represents agreement to be bound by any amended Terms.
Licence to use the Portal:
4.1 In consideration of your agreement to these Terms, Paymark grants the Merchant, and each User affiliated to the Merchant, with the right to access and use the Portal. This non-exclusive, non-transferable right is limited by and subject to these Terms and any other terms and conditions Paymark agrees with the Merchant or User. Use of the Portal may be subject to advised limitations. Paymark remains the owner of the Portal at all times.
4.2 Paymark will supply each User with a user name and password (“Login Credentials”) to access the Portal which may be updated by the User from time to time.
5.1 The Merchant shall determine who is permitted to use the Portal and who has the authority to initiate requests to Paymark to add or delete a User on behalf of the Merchant.
5.2 The Merchant can revoke a User’s access to the Portal at any time and for any reason by notification to Paymark (subject to the right of Paymark at all times to revoke access and terminate the right to use the Portal);
5.3 The Merchant is responsible for all use of the Portal (including misuse of the Portal) by a User or any unauthorised access or use of the Portal by a third party using a User’s Login Credentials.
5.4 Each User must:
a) only use the Portal for lawful business purposes in accordance with these Terms;
b) not provide information obtained from the Portal to any third party (other than the Merchant or the Merchant’s professional advisors or auditors) without Paymark’s prior written consent;
c) ensure the security settings on all devices used to access the Portal are kept up to date;
d) keep Login Credentials secure and confidential and must not share or disclose Login Credentials to any other person without Paymark’s permission;
e) ensure the Portal is not accessed or used by the User or by any other person using the Users’ Login Credentials:
i. for any unlawful purpose;
ii. in any manner inconsistent with these Terms;
iii. in any way which may impair the functionality or otherwise undermine the security or integrity of the Portal, the Paymark System or any of Paymark’s other computing systems or networks; or
iv. to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Portal.
f) notify Paymark immediately by telephone to 0800 PAYMARK if Login Credentials are lost, compromised or used without authority or a User becomes aware of any other breach or potential breach of security;
g) must not access or attempt to access or use the Portal if the Merchant’s permission for the User to access the Portal has been revoked.
Privacy and personal information:
6.3 Login Credentials and personal information provided to Paymark for the purposes of the Portal may be used by Paymark to grant a Merchant or User with access to other Paymark products and services.
7.1 The Portal is intended to be a self-service tool. The User must complete a case within the Portal to raise questions relating to the Portal or Paymark products and services.
7.2 The Portal is provided on an "as is" basis. Paymark cannot guarantee 100% up time. Paymark may withdraw, amend, suspend or restrict availability to the Portal or any part of it, or any associated services or disable a User’s Login Credentials, at any time Paymark’s sole discretion for any reason including, but not limited to, technical, security, legal or business reasons or for the purposes of carrying out maintenance or development.
7.3 Paymark does not warrant that the provision of the Portal will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing and displaying information in the Portal, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Portal. Paymark is not in any way responsible for any such interference or prevention of a User’s access or use of the Portal.
7.4 Paymark may, at its sole discretion, determine what information, data, features and functionality is made available to the Merchant via the Portal.
Liability and Indemnity:
8.1 To the maximum extent permitted by law, Paymark excludes all liability and responsibility to a User or the Merchant (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from the supply of, any use of, or reliance on, the Portal. If the Merchant or User is not satisfied with the Portal, to the maximum extent permitted by law, the sole remedy is to cease using the Portal.
8.2 The Merchant shall indemnify Paymark, its directors, officers and employees against all claims, actions, costs (including legal costs), damage and losses incurred by Paymark arising from any and all breaches by the Merchant and/or the User of any of these Terms or any other obligation to Paymark or warranty arising under these Terms or arising out of the reasonable reliance by Paymark or any third party upon any acts carried out, requests made or information provided through the use of a User’s Login Credentials.
Intellectual Property Rights:
9.1 All intellectual property rights in the Portal, information displayed in the Portal or in any way derived from Paymark’s systems are exclusively owned by Paymark (or Paymark’s licensors).
9.2 Each User acknowledges that there is no transfer of title, intellectual property rights, interest or ownership of any part of the Portal or Paymark’s systems to a User or a Merchant as a consequence of these Terms.
9.3 To the extent that a User or the Merchant creates any intellectual property rights while using the Portal, providing feedback on the Portal or associated services such intellectual property rights shall be assigned to Paymark without need for further assurance.
9.4 You shall not use any of our trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Paymark or our products and services unless you have our prior express, written consent.
10.1 Each User and the Merchant agrees to protect and not disclose to any third party any of our confidential information (which includes any documentation, materials and information (whether in written, oral, electronic or other format and whether user or machine readable) relating to the Portal, Paymark’s system, operations, business, employees, shareholders, customers, products, systems or assets and other commercially sensitive information).
11.1 These Terms and the right to access and use the Portal as they relate to one or more merchant identification number(s) will continue until terminated by Paymark in accordance with the clauses below:
a) Paymark elects to withdraw the Portal or the Merchant’s access to the Portal for any reason at its sole discretion, including but not limited to technical, legal, security or business reasons;
b) Paymark considers that the Portal is being, or is likely to be, used fraudulently or for any other unlawful or improper purpose;
c) The Merchant fails to pay any fee when due to Paymark under these Terms or any other agreement with Paymark;
d) The Merchant or a User breaches any of these Terms and the breach is not capable of being remedied or is not remedied within 5 days after receiving notice of a breach capable of being remedied;
e) The Merchant becomes insolvent or goes into liquidation or has a receiver or manager appointed of any assets or makes any arrangement with creditors, or becomes subject to any similar insolvency event in any jurisdiction;
f) There is a change of ownership of the Merchant’s business or part of the business (refer also to clause 12.1);
g) The agreement between the Merchant and Paymark to which access to the Portal relates is terminated.
Change of Ownership:
12.1 The Merchant is responsible for advising Paymark of the sale of its business or change of ownership not less than five business days prior to the date of sale. Paymark will disable access to the Portal for the Merchant and all affiliated Users and these Terms will terminate in respect of the relevant merchant identification number(s) for the business being sold. Any new owner(s) of the business will need to be activated to use the Portal.
Consequences of Termination:
13.1 Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of these Terms, for any reason:
a) all rights granted to you under these Terms will cease. You will not be able to access or use the Portal; and
b) Clauses 5 (Access Conditions), clauses 7 (Service Provision), 8 (Liability and Indemnity), 9 (Intellectual Property Rights), 10 (Confidential Information), 13 (Consequences of Termination) and 16 (Governing Law) will survive termination.
14.1 These Terms will not be deemed to create an agency, partnership, joint venture or employment relationship of any kind between Paymark, the Merchant or a User, as the case may be.
14.2 Neither the Merchant nor the User is permitted to:
a) assign or transfer obligations or rights under these Terms;
b) make any public announcement or disclosure of any sort regarding these Terms or the Portal without Paymark’s prior written consent;
14.3 If at any time Paymark does not enforce any of these Terms or grants time or other indulgence to a Merchant or User, Paymark will not be construed as having waived that term or condition or Paymark’s rights to later enforce that or any other term or condition. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or in conflict with the law the remaining Terms will be binding on the parties.
14.4 Any notice given under these Terms by one party to the other must be given in writing. Notices to Paymark must be submitted by completing a case in the Portal. Notices for the User and/or Merchant will be sent to the email address affiliated to your use of the Portal as may be amended from time to time.
14.5 Without limiting any Terms between Paymark and the Merchant, these Terms, together with the terms of any other notices or instructions given to the User under these Terms, supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User and Paymark relating to the Portal.
14.6 Paymark reserves the right to audit the use of the Portal by the Merchant and any affiliated User at any time.
16.1 These Terms are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.
Conditions of Authority to Accept Direct Debits
Conditions of Authority to Accept Direct Debits
You agree that any direct debit authority (“Authority”) you provide to Paymark Limited (“Paymark”) is subject to:
- The bank’s terms and conditions that relate to your account; and
- The specific terms and conditions listed below.
Specific conditions relating to notices and disputes:
You may ask your bank to reverse a direct debit up to 120 calendar days after the debit if:
- you don’t receive a written notice of the amount and date of each direct debit from Paymark, or
- you receive a written notice but the amount or the date of debiting is different from the amount or the date specified on the notice.
You may ask your bank to reverse a direct debit up to 9 months after the date Paymark sent the first direct debit under the Authority if you are not reasonably satisfied that the Authority authorised your bank to debit your account with the amount of the direct debit.
Paymark is required to give you a written notice of the amount and date of each direct debit no less than 2 business days before the date of the debit.
If the bank dishonours a direct debit but Paymark sends the direct debit a second time within 5 business days of the original direct debit, Paymark is not required to notify you a second time of the amount and date of the direct debit.
Paymark Responsible Disclosure Policy
Paymark Responsible Disclosure Policy
As New Zealand’s leading payments provider, Paymark takes the security of its systems and customers extremely seriously. We value the security community and the support that it provides. This policy helps us take steps to ensure the security and privacy of all our customers. If you have information about a potential vulnerability, we want to hear from you.
We ask that you:
- Seek permission prior to conducting any testing by sending an email to [email protected];
- Make every effort to avoid:
- unauthorised access to data not belonging to you;
- disclosing personal information
- degradation of user experience
- disruption to production systems; and
- destruction or alteration of data during security testing;
- Report vulnerability information, including the details requested in the section below; and
- Keep information about any vulnerabilities you’ve discovered confidential (as between you and us) until we have resolved the issue.
If you follow these requirements when reporting an issue to us we commit to working with you to understand and resolve the issue quickly (including an initial confirmation of your report within 72 hours of submission).
As part of our policy we reserve the right to recognise submissions at our discretion.
How to report a security vulnerability?
If you believe you have found a security vulnerability in one of our products or platforms, please send it to us by emailing [email protected] Please include the following details with your findings:
- A description of the location and potential impact of the vulnerability;
- A detailed description of the steps required to reproduce the vulnerability (POC scripts, screenshots, and compressed screen captures are all helpful to us); and
Your contact details should we have any further questions or clarifications on the reported vulnerability.