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Oligo General Collection Statement

Effective Date: 9 September 2024

To assist us in providing our products and services and in conducting business functions and activities, we need to collect personal information about you.  By providing this information, you agree to its collection, use, and disclosure by our group of companies as detailed below:

  • Oligo Australia Pty Ltd ACN 671 840 994
  • Oligo Digital Pty Ltd ACN 679 588 277
  • Oligo Payments Pty Ltd ACN 680 598 029, trading as Oligo

and any of our related entities (collectively referred to as “Oligo”, “we”, “us” or “our” in accordance with this statement and our Privacy Policy).  Our Privacy Policy outlines how we comply with the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).  If you do not agree, you must not provide your personal information, as this may impact our ability to communicate with you or provide our products and services.

We may disclose your personal information to third parties, including those who provide services to us or assist in delivering our services (such as information technology suppliers, communication service providers, and our business partners), or as required by law, and otherwise in accordance with our Privacy Policy. These third parties may be located overseas, and such disclosures may involve disclosing your personal information to countries including New Zealand, the US, Ireland, Singapore, India, Ukraine, and other parts of Asia and Europe.

In addition, we may use and disclose your personal information for direct marketing purposes, unless you choose to opt out.  You can opt out at any time as described in our Privacy Policy.

We may update our Privacy Policy by posting revised versions on our website. Please check our website regularly to stay informed of any changes. Continued use of our products and services after any changes are posted constitutes your acceptance of those changes. Our Privacy Policy provides information on how to access and correct your personal information, file a complaint about a privacy breach, and how we address such complaints.

To access the full Privacy Policy and Statement, download here.

Oligo Important Information

Effective Date: 9 September 2024

 At Oligo Group, which includes:

  • Oligo Australia Pty Ltd ACN 671 840 994
  • Oligo Digital Pty Ltd ACN 679 588 277
  • Oligo Payments Pty Ltd ACN 680 598 029, trading as Oligo

and any of our related entities (collectively referred to as “Oligo”, “we”, “us” or “our”), we are committed to delivering high-quality services at all times.  In the unlikely event that you are dissatisfied, we encourage you to contact us as soon as possible.  We are here to address any issues or concerns you may have in relation to our products or services.

We are dedicated to resolving any disputes or complaints in a fair, respectful, and timely manner. If you have a dispute or complaint, please use one of the following methods to reach out to us:

Contact Information
Oligo Australia Pty Ltd
Email: complaints@oligo.com.au
Phone: +61 3 9981 6888
In writing: Suite 313, 837 Burwood Road, Hawthorn East VIC 3123

Oligo is a member of the Australian Financial Complaints Authority (AFCA).  Our aim is to resolve all complaints fairly and promptly.  However, if you are dissatisfied with our proposed resolution, or if 30 days have passed since you initially raised your complaint, you have the right to refer your complaint to AFCA.  The contact details for AFCA are as follows:

Australian Financial Complaints Authority Limited
Website: www.afca.org.au
Email: info@afca.org.au
Phone (free call): 1800 931 678
In writing: GPO Box 3, Melbourne, VIC 3001

Please be aware that lodging a complaint with AFCA is free of charge.  Should you require a summary of our dispute resolution process, please do not hesitate to request it from us.

To access the Important Information, download here.

Oligo Website Terms and Conditions

1.     General terms and conditions for all users

1.1.  The oligo.com.au website (this “Website”) is owned by Oligo Australia Pty Ltd ACN 671 840 994 (referred to as “Oligo”, “we”, “us” or “our”).  It is operated by companies within the Oligo Group, which includes, but not limited to, Oligo Digital Pty Ltd ACN 679 588 277, Oligo Payments Pty Ltd ACN 680 598 029 (both trading as Oligo), and their related bodies corporate and affiliates (collectively, the “Oligo Group”).  To the extent that general advice is provided on this Website, it is provided by the relevant company based on the circumstances and context in which the advice is provided.

1.2.  Your access to and use of this Website is subject to these terms and conditions (the “Terms”), our Privacy Policy, disclaimers and any other terms and conditions or other statements contained on this Website.  By accessing, viewing or otherwise using this Website, you agree to be subject to these Terms.

1.3.  Oligo may, at its sole discretion, vary or modify these Terms without notice.  Any subsequent access to or use by you of this Website will constitute an acceptance of those modifications.

1.4.  You agree that, should Oligo or any other company in the Oligo Group wish to provide you with documents, you consent to their provision electronically through the links on this Website and by other electronic means, including but not limited to email or DocuSign (“Electronic Communication”).  We recommend that you print a copy of the document or save it electronically for your future reference. You may withdraw your consent to Electronic Communication at any time by contacting us at privacy@oligo.com.au.

1.5.  If you provide any personal information to us about another person (other than yourself), you warrant that you have the authority of that person to share their personal information with us and to authorise us to hold, use, and disclose their information in accordance with our Privacy Policy.

2.     Australian residents only

2.1.  Unless otherwise stated expressly, products and services referred to on this Website are only available to Australian residents.

3.     Products and services

3.1.  Oligo and other members of the Oligo Group offer the products and services listed on this Website.  To use any of these products or services, you must review the relevant disclosure documents and terms and conditions, register for an account, or complete the application form provided with the relevant link or email.  Users should obtain their own financial and legal advice before deciding whether to acquire or use any of our products or services.

4.     Disclaimers

4.1.  All information provided on this Website is presented in good faith and sourced from materials believed to be accurate.  However, the information is selective, and neither Oligo nor any other member of the Oligo Group has verified its accuracy or completeness.  No representation or warranty is made regarding the accuracy or completeness of the information, which should not be considered a comprehensive statement on any matter nor relied upon as such.

4.2.  Oligo, its affiliates, and their respective directors, employees, and associates do not guarantee the security of this Website and make no warranty regarding its reliability or accuracy.  They accept no responsibility for any errors or omissions in the information provided on this Website and disclaim all liability for any loss or damage, whether direct or indirect, resulting from reliance on such information or inability to access the Website, including any liability arising from negligence.

4.3.  This disclaimer is subject to the provisions of the Australian Securities and Investments Commission Act 2001 and the Australian Consumer Law, which cannot be excluded or modified by law.  Where these provisions can be excluded or modified, by using this Website, you agree to their exclusion or modification.  Your use of the Website is at your own risk. Oligo and any parties involved in creating, producing, or delivering the Website, including our content partners, are not liable for any direct, incidental, consequential, indirect, or punitive damages arising from your access to or use of the Website.

4.4.  All content on this Website is provided “as is” without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

4.5.  While Oligo makes reasonable efforts to ensure that materials or software downloaded from this Website are free from viruses or defects, no warranty or representation is made regarding the absence of such issues.  Oligo assumes no responsibility and will not be liable for any damage caused by viruses that may infect your computer equipment through access to, use of, or browsing this Website, or by downloading any software or materials from it.

4.6.  Should you leave this Website via a link contained within an Oligo or Oligo Group Website and view content not provided by Oligo or any Oligo Group company, including content related to the (potential or actual) issue, offer, or sale of a financial product:

(a) You do so at your own risk.  The content accessed through such links has not been produced, verified for accuracy, or otherwise reviewed by Oligo or any Oligo Group company.  Oligo and its affiliates are not responsible for any damages or losses arising from delays, defects, or omissions in the services, information, or other content provided by such third-party sites, whether actual, alleged, consequential, or otherwise.  Oligo and its affiliates make no guarantees or representations regarding, and accept no liability for, any electronic content provided by third parties;

(b) Links to other websites are provided solely for convenience and do not imply endorsement by Oligo or any Oligo Group company of the products or services offered by the linked website;

(c) You should review the terms and conditions or Product Disclosure Statement (if applicable) for the relevant product before deciding to acquire or continue holding the product.

4.7.  Any transaction with parties other than Oligo or any Oligo Group company referred to or facilitated through this Website does not create any warranty, representation, or liability for Oligo or any Oligo Group company with respect to that transaction or the associated product or service.  Such transactions are subject to risks, including potential defects, delays in delivery, or loss of income and capital invested. Unless explicitly stated otherwise in the transaction terms, no member of Oligo or the Oligo Group endorses or guarantees the performance of any third party mentioned on this Website.

4.8.  Despite reasonable efforts to provide a reliable service, no representations or warranties are made that the Website will be uninterrupted or error-free.  Oligo assumes no responsibility for the security of the Website or for any disruptions, loss, or corruption of material in transit or when downloaded onto computer systems, regardless of the cause.

4.9.  In preparing the information on this Website, Oligo has not considered your personal objectives, financial situation, or needs.  Before engaging in any transaction based on the information provided, you should assess (with or without the assistance of an advisor) whether the information or processes described are appropriate for your specific objectives, financial situation, and needs.  Obtain the terms and conditions from the relevant product supplier (including the Product Disclosure Statement, if applicable) before making any decision about acquiring the product.

4.10.  The information on this site is based on current laws and their interpretation, including taxation laws, which may change.  The application of many laws, including taxation laws, depends on individual circumstances.  Therefore, you should seek professional advice on the legal and taxation implications of investing and not rely solely on the information provided, which is intended as a guide only.

4.11.  To the extent permitted by law and without limiting any previous provisions, Oligo accepts no liability for any loss or damage (including indirect, special, or consequential loss or damage) arising from the use of or reliance on information contained in or accessed through this Website, or any services provided via this Website.  If such disclaimer is prohibited by law, Oligo’s liability is limited (to the extent permitted by law) to the resupply of such information, access, or services.

     5.    Intellectual Property

    5.1.  You acknowledge that Oligo is the owner of all rights and entitlements related to the Website, including any trademarks that are registered or pending registration.  Some of these trademarks are used on this Website.  You are not permitted to use Oligo’s trademarks without prior written consent, except as otherwise permitted by this Website or by law.  You also acknowledge that Oligo may disclose any information or material you provide if required to do so by law, at the request of a third party, or if Oligo, in its absolute discretion, believes such disclosure is necessary to comply with legal requirements, law enforcement requests, or to protect or defend Oligo’s rights or property.

    5.2.  Copyright in the information contained on this Website is owned by Oligo and is protected under the Copyright Act 1968 (Cth), as well as under the laws of various other countries through international treaties.  All rights are reserved.  You may use this information for your personal reference and reproduce it in hard copy solely for your personal use.  Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no part of this Website or its content may be reproduced, adapted, publicly performed, or transmitted in any form or by any process (including graphic, electronic, or mechanical means such as photocopying, recording, taping, or storage in an information retrieval system) without the prior written consent of Oligo.

    6.    Governing Law

    6.1.  You agree that the Australian Law will govern these Website terms and conditions and the Website and products and services provided via the Website.  Any dispute arising in connection with the Website shall be subject to the exclusive jurisdiction of the federal and state courts of Australia.

    To access the Website Terms and Conditions, download here.

    Oligo BPAY Payment Services Terms and Conditions

    Effective Date: 1 October 2024

     1.     Introduction

    1.1.  These are the terms and conditions (“Terms”) under which Oligo Australia Pty Ltd ACN 671 840 994 (referred to as “Oligo”, “we”, “us” or “our”) permits a user (referred to as “User”, “you”, “your”, “Payer” or “Agent”) to access and use the Oligo BPAY Payment Services (“OBPS” or “Services”).

    1.2.  By accessing and using our Services, you agree to be bound by these Terms. When making a BPAY Payment through the Oligo online portal, you agree to be bound by these Terms.  If you do not agree to these Terms, you must not use our Services.

    1.3.  Oligo is a BPAY Scheme Participant.  BPAY Payments is an electronic payments service that allows us to facilitate payments on your behalf to BPAY billers (Billers).  We provide BPAY Payments through our online portal to registered Payer or Agent, who will facilitate these payments on your behalf.  To use our Services, you must be a registered Payer or Agent.

    1.4.  The OBPS allows eligible Payers to pay bills by either uploading or scanning the BPAY Biller Code and reference number (collectively, “BPAY Information“) on a bill, thereby reducing the need to manually enter BPAY Information for bill payments.

    1.5.  These Terms operate in addition to any agreements that you have with third parties, including but not limited to card issuers or digital wallet providers.

     2.     Definition

    2.1.  In these Terms, unless the context requires otherwise:

    Agent means an entity or individual registered with Oligo to facilitate BPAY Payments on behalf of Payers, including submitting Bill Instructions through the Oligo online portal and managing interactions with Billers.

    Banking Business Day means any day on which banks are able to effect settlement through the Reserve Bank of Australia, and does not include a Saturday, Sunday or national public holiday in Australia.

    Biller means a person or entity who has agreed with a Biller Institution that payments by Payers to that person may be paid through BPAY.

    Biller Institution is a member (not being a PIM) who agrees with one or more Billers to accept and process Payment Instructions on their behalf.

    Bill Instruction means the payment instruction provided by the Payer or Agent through Oligo online portal for processing a BPAY Payment to a Biller, including details such as the amount to be paid, Biller Code, and any relevant reference information.

    BPAY means the electronic payment scheme called “BPAY” operated in cooperation with Australian financial institutions, which enables consumers to effect bill payments to Billers who participate in BPAY, by payment methods as approved by payer institutions from time to time.

    BPAY Group means BPAY Group Pty Ltd ABN 60 003 311 644.

    BPAY Payment means a payment transacted using BPAY.

    BPAY Pty Limited means BPAY Pty Limited ABN 69 079 137 518.

    BPAY Scheme means the electronic payment and biller service promoted by BPAY Pty Limited and any other enhancement or addition to it introduced by BPAY Pty Limited.

    BPAY Payer Terms means these terms and conditions which specify your rights and responsibilities as a Payer and Oligo as a BPAY Scheme Participant with respect to access and usage of BPAY as varied from time to time.

    Eligible BPAY Payment means a payment where the Biller is not listed on a prohibited product list or otherwise restricted by Oligo.

    Fees means any processing fees, additional fees, or charges related to the Payer’s Bill Instruction as detailed in Section 6, including but not limited to processing fees, fees charged by third parties, dishonour fees, and any applicable surcharges or fees for payment reversals.

    Payer means a customer of a Biller who uses the BPAY Scheme to make a payment to a Biller.

    Nominated Payment Method means the payment method selected by the Payer for each Bill Instruction.

    Scheme means the scheme operated by BPAY from time to time to provide payment services to end customers.

    Website Application means Oligo online portal or Website Application (“Web App” or “Platform”).

    We or us means Oligo Australia Pty Ltd ACN 671 840 994. Any other grammatical form of the word “we” or “us” has a corresponding meaning.

    You means the Payer or Agent instructing us to make BPAY Payments from time to time. Any other grammatical form of the word “you” has a corresponding meaning.

     3.     Eligibility

    3.1.  To use our Services, you must have an OBPS Account, unless otherwise specified.

    3.2.  To be eligible to apply and use our Services, you must:

    (i)  Be capable of forming a legally binding contract;

    (ii)  Hold a valid email address;

    (iii) Provide a contactable and valid Australian mobile phone number for verification, refunds or payment issues.  Failure to do so may result in withholding or quarantining of bill payments until verification is completed;

    (iv)  Hold a current ABN, unless otherwise stated;

    (v)  Hold a valid card or authorised payment method; and

    (vi)  Be either:

    (a)  A body corporate registered in Australia;

    (b)  A partnership;

    (c)  An Australian government body;

    (d)  An incorporated or unincorporated association; or

    (e)  An individual who is at least 18 years old.

    3.3.  We reserve the right, at our sole discretion, to refuse to register your OBPS Account or provide our Services.  We are not obliged to give a reason for such refusals.

    3.4.  We may request additional information for application processing, identity verification, or compliance purposes.  You must provide information within 5 Banking Business Days of the request.  We may also impose further requirements to protect Oligo’s interests.

    3.5.  You must register within Oligo, with your legal name, that matches your government issued photographic identification.

     4.     OBPS Account

    4.1.  To access our Services, you must register for an OBPS Account.  Registration can be completed online by providing the necessary information, answering account-opening questions, and accepting these Terms.  We reserve the right to refuse to open an account at our discretion.

    4.2.  An OBPS Account must be registered only by you and not on behalf of another person.  We may suspend or terminate your access to the Services if multiple accounts are created.

    4.3.  Your OBPS Account will enable you to manage and use our Services via the Oligo online portal (“Web App” or “Platform”), including storing your Nominated Payment Method for BPAY transactions.

    4.4.  By using our Services, you consent to us recording and sharing your bill information and details of the holder of the Nominated Payment Method with third parties, as outlined in our Privacy Policy.  You also authorise us to verify your identity and to take measures to protect against fraud or other financial crimes.

    4.5.  You warrant that all information provided during the setup of your OBPS Account is accurate and complete.  You agree to promptly notify us of any changes to your information to keep it current and accurate.

    4.6.  You are responsible for maintaining the security of your account, including login credentials, details of your Nominated Payment Method, and BPAY Information.  You must protect your account against theft, fraud, or any unauthorised use.

    4.7.  You are solely responsible for any activity conducted through your OBPS Account, including BPAY bill instructions.  We will not be liable for any fraudulent or unauthorised use of your account. You must notify us immediately if you suspect your account has been compromised, hacked, or the subject of a scam, phishing attempt, or fraudulent or illegal activity.

    4.8.  We may require you to verify your valid card or Nominated Payment Method by confirming two small deposits made by us (between $0.01 and $1.00 AUD).

    4.9.  We may impose limits on your account, including restrictions on transaction amounts and payment limits.

    4.10.  You should retain your receipt as proof of your payment and promptly report to us as soon as you become aware of any BPAY Payments that you think are errors or are BPAY Payments that you did not authorise, or you think were made by someone else without your permission.

     5.     Oligo BPAY Payment Services 

    5.1.  We will process an Eligible BPAY Payment to your Biller on your behalf in accordance with the payment instructions provided by you or your Agent through the Oligo online portal (referred to as “Bill Instruction”).

    5.2.  Payments must be funded from a Nominated Payment Method.  We do not accept payments made through methods outside our list of accepted payment methods or in cash.

    5.3.  To initiate a bill payment, you must provide BPAY Information via your OBPS Account.  This includes, but is not limited to, your details, the payment amount, payment reference, and BPAY Biller Code.  You authorise us to store this information for future Bill Instructions.  We will not debit any amount from a Nominated Payment Method without a valid Bill Instruction and will not process instructions that do not qualify as an Eligible BPAY Payment.

    5.4.  By submitting a Bill Instruction, you authorise us to make the payment to the Biller on your behalf.  You acknowledge that we will only process payments once we have received cleared funds in our account equal to the Bill Amount and our Fees.  It is your responsibility to ensure that your Nominated Payment Method has adequate credit or funds to cover both the Bill Amount and our Fees before submitting a Bill Instruction.

    5.5.  You are solely responsible for ensuring that each Bill Instruction is accurate and complete and does not contain any incorrect information (such as the Biller’s name and account details, Bill Amount, payment date, and payment method).  We will not be liable for any payment made in accordance with details provided by you in a Bill Instruction, and you agree to indemnify Oligo against any costs or losses resulting from incorrect information provided by you.

    5.6.  Provided that your Nominated Payment Method has sufficient funds, Bill Instructions are typically processed within three Banking Business Days (T+3) from the date of the Bill Instruction. We will not process a Bill Instruction until we receive cleared funds or outside of normal banking hours or on days when trading banks, card schemes, or acquirers are closed.  If we receive a Bill Instruction outside normal banking hours, it will be processed on the next Banking Business Day that the relevant card scheme(s) or acquirer(s) are open.  We are not liable for any delays, postponements, or rejections of Bill Instructions, or for any costs, losses, or damages resulting from late payments to a Biller.

    5.7.  We reserve the right to refuse or delay any Bill Instruction at any stage of the transaction process for compliance or legal reasons, including if you are in breach of these Terms, at our sole discretion.  If we have deducted the Bill Amount and Fees from your Nominated Payment Method and later refuse to complete the Bill Instruction, we will refund the Bill Amount and may, at our discretion, also refund the Fees.

    5.8.  We do not guarantee that any Bill Instruction will be executed, accepted, or recorded. You agree that we will not be liable for any failure, refusal or postponement of a Bill Instruction.  If we refuse or postpone a Bill Instruction, we will notify you, but we are not obligated to provide a reason for the refusal or postponement.

    5.9.  You acknowledge that we may use third party service providers to process a Bill Instruction. You may be required to accept the terms and conditions of these third-party service providers as part of using our Services.

     6.     Fees 

    6.1.  Processing fees:

    (i)  You agree to pay a processing fee for each bill payment made using your OBPS Account.  This fee is in addition to the Bill Amount debited from your Nominated Payment Method.  The processing fees are as follows:

    Payment Method Processing Fee
    WeChat Pay 2.0%
    Alipay 2.0%
    UnionPay 2.0%
    Visa/Mastercard 1.5%
    Visa/Mastercard International 3.0%
    International Cards 3.0%
    Prepaid Cards 1.0%

    (ii)  Processing fees are charged at the time of transaction and are included in the total transaction amount.  Processing fees will be calculated and displayed to you before you confirm the payment.  All fees and charges are expressed in Australian dollars and are inclusive of any application GST.

    6.2.  Other fees:

    (i)  You agree to pay any additional fees charged by third parties and incurred by us in relation to processing a Bill Instruction, including but not limited to any dishonour or returned payment fees.  Any such fees will be deducted directly from your Nominated Payment Method.

    (ii)  A fee of $25 will be charged for processing a payment reversal at your request (where feasible).  Oligo will retain any surcharges and fees paid by you in respect to that payment.

    (iii)  Oligo reserves the right to change existing fees or introduce new fees and charges.  If there are changes, we will notify you in writing at least two months in advance, either through the Oligo website or other means.  Oligo may also, at its discretion, waive any fees or charges partially or fully.

     7.     How we make payments and hold your funds

    7.1.  When you use OBPS to pay a bill, you authorise Oligo to collect the Bill Amount and any associated Fees as per Section 6 from your Nominated Payment Method.  The Bill Amount will be held by Oligo in trust solely for the purpose of paying your bill.  We will process the Bill Amount to your Biller on the day the funds are received and cleared.

    7.2.  Both you and Oligo acknowledge that any funds received by Oligo for bill payments are held on trust for you and must only be used to pay your bills.  These funds are not available to Oligo for general business purposes of Oligo’s own creditors or any other use.

    7.3.  Oligo will remit the Bill Amount to the Biller after receiving the Bill Amount and applicable Fees from your Nominated Payment Method.  Payments processed via our Services will appear on your OBPS Account as “Oligo Bill Payments”.

    7.4.  You acknowledge and agree that when you make a payment, Oligo will charge your Nominated Payment Method for the Bill Amount plus any associated Fees.

    7.5.  We use third-party service providers to process Bill Instructions.  We are not responsible for any delays in processing caused by these third parties, which may include merchant facilities, your Nominated Payment Method provider, or other payment service provider.

    7.6.  We receive and hold all cleared funds in relation to a Bill Amount, minus the Fees, solely for the purpose of completing the Bill Instruction.  If the Bill Amount is not paid to the Biller for any reason, including if we refuse to complete the Bill Instruction, the Bill Amount will be returned to the original Nominated Payment Method or valid card from which it was deducted.  For the avoidance of doubt, Fees paid in relation to a Bill Instruction are paid to us and are not held on trust for you.

    8.     Cancelling or refunding payments

    8.1.  You may cancel or request a reversal of a Bill Instruction by emailing support@oligo.com.au before 11:00 AM on the Banking Business Day immediately following the submission of the Bill Instruction.

    8.2.  Once a payment has been processed by our third-party merchant facility, we cannot stop or reverse it.  If we reverse a Bill Instruction or issue a refund after the payment has been received, the amount refunded will be limited to the Bill Amount.

    8.3.  You acknowledge that any payment made in accordance with a Bill Instruction is on your behalf.  In the event of a dispute with the Biller after processing, you are solely responsible for recovering any amount from the Biller.  You release and indemnify us from any disputes or claims arising from payments made to a Biller as per a Bill Instruction.

    8.4.  Fees paid in respect of a disputed, stopped, reversed, or otherwise cancelled Bill Instruction will not be refunded if they have already been charged to your Nominated Payment Method.

    8.5.  You acknowledge that if any Bill Amount paid to us is subsequently disputed, reversed, or required to be refunded by the issuer of the Nominated Payment Method, we may not forward or may recall those funds from the Biller.  If a payment is stopped, recalled, or recovered by us, you may still be obligated to pay the Bill Amount to the Biller according to your agreement with them.  If we are unable to recover disputed or reversed funds, you remain responsible for paying any outstanding amounts owed to us, including Fees for processing the relevant Bill Instruction.

    9.     Liability for mistakes and unauthorised transactions

    9.1.  We will endeavour to ensure that your BPAY Payments are processed promptly by BPAY Scheme participants. You must tell us promptly if:‍

    (i)  you or your Agent become aware of any delays or mistakes in processing your BPAY Payments;

    (ii)  you or your Agent did not authorise a BPAY Payment that has been made from your OBPS Account;

    (iii)  you or your Agent think that you have been fraudulently induced to make a BPAY Payment.  We will attempt to rectify any such matters in relation to your BPAY Payments in the way described in this Clause 9.  However, where permitted by law, we will not be liable for any loss or damage you suffer as a result of using the BPAY Scheme.

    9.2.  If a BPAY Payment is made to a person or for an amount which is not in accordance with your or your Agent’s Bill Instruction, and your Nominated Payment Method was debited for the amount of that payment, we will credit that amount to your Nominated Payment Method.  However, if you were responsible for a mistake resulting in that payment and we cannot recover the amount, you are liable for that amount.

    9.3.  If a BPAY Payment is made in accordance with a Bill Instruction which appeared to us to be from you or on your behalf, but which you did not authorise, and:

    (i)  we cannot recover the amount from the person who received it within 20 Banking Business Days after attempting to do so; and

    (ii)  the payment was made as a result of a Bill Instruction that did not comply with our prescribed security procedures for such payment directions,

    you will be liable for any amount of that payment which we are unable to recover.

    9.4.  If a BPAY Payment is induced by fraud involving a person in the BPAY Scheme, that person should refund you the amount of the fraud-induced payment.  If the person does not refund you, you must bear the loss unless another person involved in the BPAY Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud induced paym.ent.

    9.5.  Except where a BPAY Payment is a mistaken payment referred to in Clause 9.2, an unauthorised payment referred to in Clause 9.3, or a fraudulent payment referred to in Clause 9.4, BPAY Payments are irrevocable.  No refunds will be provided through the BPAY Scheme where you have a dispute with the Biller about any goods or services you may have agreed to acquire from the Biller.  Any such dispute must be resolved with the Biller

    10.    Chargebacks and reversals

    10.1.  You acknowledge that if the funds you provide to Oligo for completing a Bill Instruction are not received as cleared funds, or are reversed or charged back, we may incur a loss and damage equivalent to at least the Bill Amount and Fees.

    10.2.  To the extent permitted by law and by Oligo’s agreements with card issuers, merchant facilities, acquirers, and other third parties, you agree not to initiate a credit card chargeback or payment reversal for any payment made to Oligo for a Bill Instruction.

    10.3.  You indemnify Oligo for any loss, cost, expense, or damage incurred due to a payment being reversed, charged back or otherwise not received by Oligo.  You agree to compensate us for an amount equal to the Bill Amount that was reversed, charged back, or not received, plus any associated Fees.

    10.4.  Oligo may, in its sole and absolute discretion, charge your Nominated Payment Method for amounts that we are entitled to recover pursuant to our right to be indemnified under Clause 18.

    11.    General terms of use

    11.1.  You will not, and you will not permit any other person to:

    (i)  Use or access the Website, Platform, or Services in a way that infringes our intellectual property rights or those of any other person.

    (ii)  Use or access the Website, Platform or Services in a way that breaches a term of an agreement between you and a third party, including the provider of a Nominated Payment Method.

    (iii)  Use any anonymous network or protocol to access the Website, Platform or Services

    (iv)  Use any method or process to consolidate or combine the Website or Platform with any other content, data, information, image or material.

    (v)  Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Platform.

    (vi)  Do anything that will or may damage, disrupt access to or interfere with the proper operation of the Website or the Platform for any period of time.

    (vii)  Knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform.

    (viii)  Do anything that will or may place an unreasonable load on the infrastructure of the Website or Platform.

    (ix)  Post, distribute or send any ‘spamming’ material or any other form of bulk communication on or via the Website or Platform.

    (x)  Use the Website, Platform or Services to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform.

    (xi)  Impersonate any person or entity.

    (xii)  Use the Website, Platform or Services for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing.

    (xiii)  Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, or data harvesting) on, or in relation to, the Website or Platform

    (xiv)  Otherwise use the Website, Platform or Services for any purpose that may harm Oligo’s reputation

    (xv)  Act upon a communication or notice if you are uncertain or suspicious about its authenticity.

    12.    Prohibited use

    12.1.  The Platform is designed solely for consumers to pay BPAY bills.  It must not be used for payments to the following sectors.  For a full list of prohibited sectors (refer Schedule A – Prohibited Product List) or any other activities that may facilitate money laundering, terrorism financing, or dealing with the proceeds of crime.

    (i)  Remittance service provider

    (ii)  Charities and Not-for-Profit

    (iii)  Intermediaries

    (iv)  Pay-day lenders

    (v)  Internet gambling

    (vi)  Casinos

    (vii)  Goods dealers

    (viii)  Foreign exchange currencies

    (ix)  Securities and derivatives

    (x)  Managed investment schemes

    (xi)  International business operations

    (xii)  Hiring and leasing

    (xiii)  Banking and financial institutions

    12.2.  You must not use the Platform to make prohibited payments, or to pay yourself or a relative.  If you are a company, you must not use the Platform to make a payment to a subsidiary, related entity, shareholder, director, or associate.

    13.     Customer representations

    13.1.  You represent and warrant that:

    (i)  You will use the Website, Services, and/or Platform in accordance with these Terms.

    (ii)  If you are an individual, you are 18 years or older and capable of entering into a legally binding agreement

    (iii)  If you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms.  Any individual entering these Terms on your behalf is authorised to do so.

    (iv)  You are not using an anonymous network to access the Website, Platform, or Services.

    (v)  You will immediately notify us if you suspect your OBPS Account has been compromised, hacked or the subject of a scam, phishing attempt, or fraudulent or illegal activity.

    (vi)  All information you have provided to us is correct, current and complete at the date provided, and you will promptly notify us of any error or changes to such information.

    (vii)  You will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them.

    (viii)  You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations including (without limitation) anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws.

    (ix)  Your use of the Website, Platform and/or Services, including the submission of Bill Instructions, does not infringe the rights of any third party or breach any applicable law.

    (x)  You are authorised to initiate Bill Instructions and to use the Nominated Payment Methods.

    (xi)  You will not use the Website or Platform to make a prohibited payment or for any illegal or improper purpose including money laundering, tax evasion or the financing of terrorist activities.

    (xii)  You will not use the Platform to pay for goods or services that have not yet been received or delivered, or to pay for goods or services that otherwise breach the conditions in relation to the use of your Nominated Payment Method.

    (xiii)  You have regular access to the internet and consent to us providing you with any information, including notices via the Website or Platform.  We may also contact you at the email address provided with your Bill Instruction.  It is your responsibility to ensure that your contact details are current and up to date at all times and to check for communications and information from us.

    14.    Your relationship with Oligo

    14.1.  In relation to our Payment Service, you acknowledge that our principal role is to receive payments from your Nominated Payment Method, and to remit the Bill Amount in accordance with a Bill Instruction to a Biller on your behalf. Oligo is not:

    (i)  Acting as trustee on your behalf.

    (ii)  Your partner, employee, agent or joint venturer

    (iii)  Responsible in any way for the provision of goods or services by Billers to you.

    15.    Suspension and termination of your OBPS Account

    15.1.  We may suspend or terminate your OBPS Account or your access to the Platform, or otherwise refuse to provide our Services to you, at any time without notice if we reasonably believe that you have breached or may breach these Terms or any other applicable laws, or if we reasonably believe that your OBPS Account has been compromised or is otherwise being used for criminal activity.

    15.2.  Suspension or termination of your OBPS Account does not affect your obligation to pay any Fees or other amounts you may owe us, including for Services already provided.  If your OBPS Account is suspended, we will immediately cancel all Bill Instructions associated with your OBPS Account and will not accept further Bill Instructions.  If we hold any cleared funds on your behalf in relation to uncompleted Bill Instructions, these funds will be returned to the Valid Card or Nominated Payment Method from which they were originally deducted, less any Fees incurred.

    16.    No guarantee

    16.1.  We take reasonable steps to ensure that the Website, Platform, and Services are delivered effectively, reliably, and securely. However, we do not warrant, guarantee, or represent that:

    (i)  The Website, Platform, or Services, or any information or material accessible through our Platform, will be uninterrupted, timely, reliable, secure, error-free, or free of any viruses, worms, trojans, or other harmful components.

    (ii)  There will be operational stability, availability, or continuation of the Website, Platform, or Services.

    (iii)  The Website, Platform, or our computer systems are safe from hacking or other unauthorised access.

    (iv)  Your use of the Website, Platform and the provision of the Services will not infringe the rights of any third party.

    16.2.  The Website, Platform and/or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:

    (i)  Downtime and/or maintenance of the Website or Platform by us or third-party service providers.

    (ii)  Outages to the internet, networks or servers

    (iii)  Equipment failures, including failures of third-party systems.

    (iv)  A Force Majeure Event.

    16.3.  We do not warrant that the Services and/or Platform will be error free, and we are not required to notify you of any malfunction in the Website or Platform, or if any Service is limited, restricted or ceases. 

    17.    Disclaimers and limitations of liability

    17.1.  Except as otherwise provided in these Terms, the liability of Oligo, our affiliates, service providers, and any of our or their respective officers, directors, agents, employees, or representatives is limited to the Bill Amount of the Bill Instruction(s) in dispute, or the total Fees paid to Oligo in the 12 months immediately preceding the date the alleged loss or damage occurred, whichever is lower.

    17.2.  We will only be liable to you for loss or damage that is reasonably foreseeable and directly caused by our breach of these Terms. Any liability we may have is limited in accordance with these Terms.

    17.3.  We are not responsible for any late payment fees or other charges applied by a Biller, valid card provider, or any other party arising from your use of the Platform, regardless of the reason for the fee.

    17.4.  We are not liable for any damage or interruptions caused by computer viruses, spyware, scareware, trojans, worms, scams, or other malware affecting your computer or equipment, or any phishing, spoofing, or other attacks.  We recommend using reputable and readily available virus screening and prevention software.  You should always verify the authenticity of any communication or notice before logging into your OBPS Account through the Platform.

    17.5.  We are not liable for any breach of these Terms if the breach is due to a Force Majeure Event, including any abnormal and unforeseeable circumstances beyond our control, or legal requirements.

    17.6.  We make no representations regarding, and are not liable for, any tax consequences or claims made against you resulting from your use of the Services.

    17.7.  The limitation of liability in these Terms is subject to any obligations we have under applicable law and regulation that cannot be excluded, including our obligation to exercise reasonable care and skill in providing the Platform and Services.  However, to the extent permitted by law, our liability for such obligations is limited to (at our discretion) resupplying the relevant Service or the cost of resupplying the relevant Service.

    18.    Indemnity

    18.1.  You agree to indemnify and hold harmless Oligo and each of its directors, officers, shareholders, advisers, consultants, agents, employees, and contractors (each an “Indemnitee“) against all liabilities, claims, losses, and expenses (collectively, “Losses“) that may be incurred or suffered by the Indemnitees arising directly from your failure to comply with these Terms.  This indemnity includes consequential losses, and any legal fees incurred in defending or responding to Losses.  This indemnity will not apply to the extent that Losses are incurred or suffered due to the fraud or willful misconduct of Oligo.

    18.2.  We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity under these Terms.  However, we must take reasonable steps to mitigate any such expense, loss, or damage.

    18.3.  Upon request by us, you agree to:

    (i)  Provide Oligo with appropriate security for potential losses for which we are entitled to indemnity under these Terms; and/or

    (ii)  You will procure that you, your directors, officers or other related third party, provide Oligo with a separate guarantee and indemnity (on terms specified by us) in respect of the performance by you of your obligations under these Terms.

    19.    Privacy

    19.1.  We will collect, use and store your personal information in accordance with our Privacy Policy as amended from time to time.

    19.2.  Without limiting our Privacy Policy, you expressly authorise us to disclose any of your personal or payment information or other data to a Biller or any card issuer, payment processor, or service provider used by Oligo for the purpose or operating the Platform or providing our Services.

    19.3.  A copy of our Privacy Policy is available at https://oligo.com.au/legal/privacy.

    20.    Intellectual property

    20.1.  You acknowledge that Oligo is the owner of all Intellectual Property Rights in your OBPS Account and the Platform.  You further acknowledge that you have no Intellectual Property Rights in your OBPS Account or in the Platform.

    20.2.  You agree to grant Oligo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information which we hold, in any media, to enable Oligo to adequately provide the Services to you.

    21.    Contacting us

    21.1.  If you have any feedback, questions, or complaints, including issues relating to the use of your Nominated Payment Method on the Platform, please contact us via the Platform by emailing support@oligo.com.au or by telephoning +61 3 9981 6888.

    22.2.  When you contact us, please provide us with your name, address, and any other information we may need to identify you, your OBPS Account, and the transaction concerning your feedback, questions, or complaints.

    22.    Variation of Terms

    22.1.  We may review and update these Terms to reflect changes in laws, regulations, products, or technology.  We will notify you of material changes (e.g. affecting the price or your use of our Services) via the Platform, email or other means, providing you with at least 5 Banking Business Days’ notice.  We may reduce this notice period if required by law.  Continued use of the Platform and Services after the notice period will be deemed acceptance of the updated Terms.  If you do not accept the updated Terms, you must cease using the Services.

    22.2.  We may also vary these Terms immediately without advance notice to protect the security or integrity of the Platform, the Services or any OBPS Account or Bill Instruction, or to comply with laws or regulations, or to address technical or system faults or errors.

    23.    Miscellaneous

    23.1  Third parties may have their own terms and conditions that you must agree and comply with for us to provide the Services.  If you do not agree to the relevant third party’s terms and conditions, we may not be able to provide you with the Services.

    23.2.  Nothing on the Website or the Platform is intended to be, or should be taken as, financial, legal, taxation or accounting advice.  You should seek their own financial, legal, taxation or accounting advice as needed before using the Platform or receiving the Services.

    23.3.  You are responsible for any and all tax implications relating to the Services, including payments of BPAY bills, and for any reward points or other benefits that may be provided by your card issuer.

    23.4.  We may assign all or part of our agreement with you without your consent and without notice. You may not assign our agreement with you without our prior consent.

    23.5.  These Terms are governed by the laws of Victoria, Australia.  You and we submit to the exclusive jurisdiction of the courts of Victoria for the resolution of disputes arising in relation to these Terms.

    23.6.  If any provision of these Terms is found to be invalid, illegal, or unenforceable in any respect under the law of any jurisdiction, the remainder of these Terms will continue in full force and effect.

    Preparation Date: 1 October 2024                                                                                                                        Version: 1.0

    To access the above Oligo BPAY Payment Services Terms and Conditions, download here.

    Financial Services Guide

    Effective Date: 1 October 2024

    This Financial Services Guide (FSG) is prepared by Oligo Australia Pty Ltd ABN 93 671 840 994 (“Oligo”, “we”, “us” or “our”) in relation to our activities involving the provision of financial services as defined in the Corporations Act 2001.

    This FSG describes our services to help you decide whether to use them. It describes how we are remunerated, compensation arrangements, and how we handle any complaints you may have.

    1.        Who we are and our services

    Oligo holds an Australian Financial Services Licence (AFSL 555282) and is authorised to provide general financial product advice and deal in financial products by issuing, applying for, acquiring, varying or disposing of financial products.  Our dealing services are limited to non-cash payment products to retail and wholesale clients.

    Through the Oligo BPAY Payment Services (“OBPS”) product, Oligo provides eligible users with the ability to pay bills by either uploading their BPAY bill or scanning the BPAY Biller Code, reference number and bill amount (BPAY Information) on the bill. This reduces the need to manually enter BPAY Information for payment.  For more details about this product, please refer to the Product Disclosure Statement (PDS) at https://oligo.com.au/legal/product-disclosure-statement/.

    2.       The advice we provide

    We are only authorised to provide general advice, so you should be aware that any material provided to you by us, including any statements of opinion or recommendations, will contain factual information or general advice only.  This factual information or general advice does not take into account your objectives, financial situation, or needs. As such, before acting on any advice, you should consider its appropriateness with regard to your own circumstances.

    3.      How you can give us instructions

    You can provide us with instructions regarding our services by contacting us via the methods outlined in Section 7 below.  We accept instructions via email, phone, or by completing registration on our website.  We will acknowledge receipt of your instructions and confirm the action taken in response.

    To become an eligible user of the product, you need to complete the registration process on our Oligo website.  Additional information about the product, including its features, costs, benefits, and risks, is contained in the PDS at https://oligo.com.au/legal/product-disclosure-statement/.  You should consider the PDS before deciding whether to obtain the product.

    4.      How we and others are paid

    How we are paid

    Oligo receives fees in connection with the product.  An outline of these fees is as follows:

    • An Oligo processing fee will be payable for each transaction (if applicable – see the Oligo PDS for pricing). Service fees will be calculated and displayed to the customer, prior to making a payment.
    • A $25 fee will be payable for processing a payment reversal at the request of a user (where possible), and Oligo will retain any surcharges and fees paid by you in respect to that payment.
    • Oligo may receive interest paid on user funds held in its account with the Australian Authorised Deposit-Taking Institution (ADI) before a payment is made by the ADI.
    • Oligo may receive a fee from the ADI for processing a BPAY payment.

    Our staff

    Our staff receive a salary plus superannuation and may receive bonuses and other benefits from time to time.

    Referral Fees

    If a customer is referred to us, we may pay the referrer a success fee.

    Non-monetary rewards

    From time to time, we may offer non-monetary rewards or additional incentive payments.

    5.       Professional indemnity insurance

    We have professional indemnity insurance in place that satisfies the requirements for compensation arrangements under section 912B of the Corporations Act 2001.

    6.      What to do if you have a complaint

    We are committed to delivering high-quality services at all times.  In the unlikely event that you are dissatisfied, please contact us as described in Section 6.  We understand that there may be times when you encounter issues or concerns regarding our products or services.  We will acknowledge receipt of your complaint and attempt to resolve it as soon as practicable.

    Oligo is a member of the Australian Financial Complaints Authority (AFCA).  Our aim is to resolve all complaints fairly and promptly.  However, if you are dissatisfied with our proposed resolution, or if 30 days have passed since you initially raised your complaint, you have the right to refer your complaint to AFCA.  The contact details for AFCA are as follows:

    Australian Financial Complaints Authority Limited
    Website: www.afca.org.au
    Email: info@afca.org.au
    Phone (free call): 1800 931 678
    In writing: GPO Box 3, Melbourne, VIC 3001

    Please be aware that lodging a complaint with AFCA is free of charge.  Should you require a summary of our dispute resolution process, please do not hesitate to request it from us.

    7.       How you can contact us

    Our contact details are as follows:

    Contact Information
    Oligo Australia Pty Ltd
    Email: complaints@oligo.com.au
    Phone: +61 3 9981 6888
    In writing: Suite 313, 837 Burwood Road, Hawthorn East VIC 3123

    Preparation Date: 1 October 2024                                                                                          Version: 1.0

    To access the Financial Services Guide, download here.

    Product Disclosure Statement

    This document (link to full document below) forms the Product Disclosure Statement (“PDS”) for your Oligo BPAY Payment Services (“OBPS”).  The PDS contains important information, including the fees and other costs that apply to the OBPS.

    This PDS is issued by Oligo Australia Pty Ltd ABN 93 671 840 994 (referred to as “Oligo”, “we”, “us” or “our”), as required under the Corporations Act 2001.  This PDS does not constitute an offer in any jurisdiction other than Australia or to anyone whom it would be unlawful to make such an offer.  Oligo holds an Australian Financial Services Licence (AFSL 555282).

    The PDS is designed to provide you with important information that apply to the OBPS product including any fees and costs, to help you decide whether to obtain the OBPS product.  You should read this PDS carefully and seek independent expert advice before making any decisions relating to the suitability of this product for you.

    The information in this PDS is of a general nature only and does not take into account your specific objectives, financial situation or needs.  You should consider the appropriateness of any general advice to your circumstances before acting on it.

    In addition, you should consider the Target Market Determination (“TMD”) for the OBPS product before making a decision to use it, to ensure you are part of the target market for the OBPS product.  A TMD in respect of the OBPS product is available at https://oligo.com.au/legal/TMD/.

    To access the full Product Disclosure Statement, download here.

    Target Market Determination

    Oligo Australia Pty Ltd ABN 93 671 840 994 (referred to as “Oligo”, “we”, “us” or “our”) is a product issuer, authorised and regulated by the Australian Securities and Investments Commission (ASIC), with licence number 555282.  We issue a non-cash payment product in the form of the Oligo BPAY Payment Services (“OBPS”).

    The link below provides a full copy of the Target Market Determination (TMD), which outlines the target market for the OBPS product as required by the design and distribution obligations (DDO) set out in Part 7.8A of the Corporations Act 2001.  Non-cash payment products are those that enable retail clients (Consumers) to make payments without the physical delivery of Australian or foreign currency (e.g. online payment systems).

    The purpose of this TMD is to describe the target market of Consumers for whom the OBPS has been designed, taking into account their objectives, financial situation, and needs. It is intended to assist Consumers, distributors, and staff in understanding the target market for this product.

    Please note that the TMD is not a full summary of the product’s terms and conditions and does not provide financial advice.  Consumers should refer to the Financial Service Guide (FSG), Product Disclosure Statement (PDS) and any supplementary documents for detailed terms and conditions before making any decisions regarding the OBPS product.  The FSG and PDS are available from distributor’s website.  You should not base any decision to transact solely on the contents of this TMD.

    To access the full Target Market Determination, download here.

    Merchant Agreement General Terms

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    To access the full Merchant Agreement General Terms, download here.

    Merchant Services

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    Prohibited Industry List

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    Merchant Onboarding Resources

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    PCI Data Security Standard 

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