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These Terms of Use
This agreement (‘Alpha Terms’) governs your use of @Pay’s Alpha Test App (“Test App”), including trials or pilots for new products or changes to existing product features, that @Pay Pty Ltd and/or AtPay Trading Pty Ltd (‘@Pay’, ‘We’ or ‘Us’) may offer from time to time on the @Pay Website, or Mobile Application (‘Alpha services’).
By using the @Pay Alpha services, you will be deemed to have agreed to these Alpha Terms. If you are unclear about anything in this document, or if you do not agree to any of its terms, you should not use the Test App and/or the Alpha Services.
Applicable Service Terms
We have developed the Alpha version for testing and to allow our community the ability to play around with the Test App so you can provide feedback on the Test App’s look, feel, features, services and functionality. You are not obliged to use the Test App. If you do, your use of the Test App and the Alpha Services are governed by these Alpha Terms, and by the following applicable service terms. The Test App and the Alpha Services are simulated within a testing environment and not representative of the live environment or any live or real transaction.
Use of any Alpha Services, is governed by these Terms of Use, our Privacy Policy and Disclaimer.
By accepting these Terms of Use you agree and represent that:
Alpha Test Participation
As the Test App is an Alpha version and still in a testing phase, it is likely to contain errors. In addition to the disclaimers in these Terms of Use and our Disclaimer, you agree that the Test App is provided “AS IS” and “AS AVAILABLE.” You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Test App (or any portion thereof) at any time and in our sole discretion, with or without notice to you. Further, you acknowledge, agree and understand that the Test App and the Alpha Services are simulated within a testing environment and not representative of the live environment or any live or real transaction. During the term of these Terms of Use, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Test App (collectively, “feedback”) to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us.
Term and Termination
By agreeing and complying with these Terms of Use, we grant you a non-exclusive, revocable, non-transferable, limited licence to use the Test App and Alpha Services. services.
These Terms of Use will remain in effect for as long as you use the Test App and/or the Alpha Services. We reserve the right to modify, suspend or terminate provision of our Alpha Services, and/or your use of any Alpha Service at any time, without notice, at our sole discretion.
License Restrictions; Disclaimer
Disclaimer
As an Alpha Tester you understand, agree and acknowledge that the Test App is an Alpha test version and:
In no event will @Pay be liable for any damage whatsoever arising out of the use of or inability to use the Test App and/or the Alpha Services (including, without limitation, loss of data), even if @Pay has been advised of the possibility of such damages.
Regulation
As an Alpha Tester you understand, agree and acknowledge that the Test App and Alpha Services are currently in the testing phase and environment and is limited to facilitating test (‘dummy’) transactions. The @Pay App’s ability to conduct ‘live’ transactions or allowing users to hold digital currencies is subject to regulatory approvals. The @Pay App will only facilitate ‘live’ transactions and allow the holding of digital currencies once regulatory approval and registration is granted to @Pay.
Ownership
All right, title, and interest in and to the Test App, Alpha Services and all intellectual property rights associated with the Test App and Alpha Services, including, without limitation, any improvements, modifications, and enhancements made thereto, are and shall remain in @Pay. Except for those rights expressly granted to you as an Alpha Tester n clause 5 of these Terms of Use, no other rights are granted, either express or implied, to an Alpha Tester hereunder.
@Pay’s Alpha Test App Services
Sign-up process
The sign-up process to use the Test App, is a two-step process. During the first step you will be required to provide the following information:
@Pay will collect, store and may use this information for marketing and business development purposes and will do so in accordance with its Privacy Policy.
During the second step of the sign-up process requiring you to undertake the Know Your Customer (“KYC”) process, this process is simulated within in a testing environment and not representative of the live environment. You will not be required to provide or upload any documents or information as part of this process. The documents and information required as part of the simulated KYC process is pre-provided and isn’t real, associated with you or any other person. Any likeness to any person is purely coincidental.
Transaction history
The transaction history section of the Test App is simulated within a testing environment and not representative of the live environment or any live or real transaction. The transaction history is a combination of simulated and dummy transactions performed within the Test App environment by either yourself or @Pay developers.
Wallet
The integrated wallet in the Test App is inactive and within in a testing environment and not representative of the live environment. You are unable to deposit or withdraw any form of funds whether it be fiat currency or digital currency.
The currency held in the wallet:
@Pay Marketplace
The @Pay Marketplace in the Test App is inactive and only functions as a test marketplace within in a testing environment and not representative of the live environment. The purpose of the test marketplace is to provide examples of how a fully integrated merchant would work within the App and to test onboarding, purchase flows, functionality of the marketplace and dummy transactions. The merchants on the marketplace are inactive, not live and not real World merchants. When navigating throughout the @Pay marketplace you will be able to:
Stability of Alpha Services
Alpha testing or Alpha Services by their nature are meant for testing purposes, which means they may not work as expected, may have errors, or may cause unintended behaviour. We do not promise continuous, non-interrupted or fault free delivery of the Test App or the Alpha Services. Your use of the Test App and/or the Alpha Services is on an ‘as is’ or ‘as available’ basis. In particular, your use of the Test App and/or the Alpha Services may be impacted or interrupted at any time due to:
We reserve the right to alter our Test App and/or Alpha Services at any time, however we are not obligated to provide any maintenance, technical or other support.
Liability
You are using our Test App and/or the Alpha Services at your own risk. To the maximum extent permitted by law, @Pay, our Directors, our Licensees, Service Providers, officers or agents, are not liable for any actions, claims, damages and losses, whether direct, indirect, special, consequential, incidental, exemplary or otherwise caused by any issues with our Test App and/or Alpha Services, including:
You assume all risks and costs associated with your use of the Test App and/or the Alpha Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device, and any damage to any equipment, software, information or data.
Confidentiality.
“Confidential Information” means any and all information disclosed by us to you, or accessed or provided by you, relating to the Test App and/or the Alpha Services, including your use thereof, the relationship contemplated herein, feedback, except to the extent made public by us. You agree that you:
(a) will not use any Confidential Information other than as necessary to use or test the Test App and/or the Alpha Services hereunder;
(b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and
(c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Terms of Use and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person’s or entity’s compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to the Test App and/or the Alpha Services without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
Collection of Information.
Feedback
Through our provision of the Test App, we may ask you to provide feedback regarding your use of the Test App and the Alpha Services so that we can understand how to improve the Alpha Services. You agree to receive correspondence and updates from us relating to the Test App and/or the Alpha Services, and acknowledge that any feedback you provide will be owned by @Pay. You hereby grant to us a perpetual, non-revocable, royalty-free, worldwide licence to use and/or incorporate such feedback into the Test App, the Alpha Services or any of @Pay’s products or services at any time at our sole discretion.
We may also monitor how you use the Test App, in particular the Alpha Services and use such information to improve the Alpha Services, or any other product or service offered by @Pay.
Intellectual Property
You acknowledge that intellectual property rights, including graphics, logos, trade marks, distinctive brand features, designs, text, icons, the arrangement of them, sound recordings and all software relating to the Test App, the Alpha Services, @Pay generally and relating to the information and derived information we provide (including information transmitted electronically), remain vested in us.
Nothing in these Terms of Use give you a right to use our intellectual property Rights. Except to the extent permitted by law, you must not modify, adapt, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Alpha Services, except as permitted by @Pay in writing.
Changes to these Terms of Use
@Pay reserves the right to make changes to these Terms of Use from time to time without notice. You agree that if you use the Test App and/or the Alpha Services after the date on which these Terms of Use have changed, you will be deemed as accepting the updated Terms of Use.
Remedies
You agree that your obligations as an Alpha Tester of the Test App provided herein are necessary and reasonable in order to protect @Pay, the Test App and its business, and you expressly agree that monetary damages would be inadequate to compensate @Pay for any breach by you of your covenants and agreements set forth herein. Accordingly, you agree and acknowledge that any such violation or threatened violation of these Terms of Use or the manner in which you use the Test App and/or the Alpha Services will cause irreparable damage to @Pay and that, in addition to any other remedies that may be available in law, in equity, or otherwise, @Pay shall be entitled to obtain injunctive relief against the breach or threatened breach of these Terms of Use or the continuation of any such breach by you, without the necessity of proving actual damages.
Warranty Disclaimer
@PAY MAKES NO REPRESENTATION AS TO THE NATURE OR TIMING OF THE DELIVERY OF THE TEST APP OR THE ALPHA SERVICES. THE TEST APP OR THE ALPHA SERVICES MAY CONTAIN DEFECTS, MAY RESULT IN LOSS OF DATA IN YOUR SMARTPHONE’S SYSTEM OR YOUR COMPUTER SYSTEMS. THE TEST APP AND THE ALPHA SERVICES (INCLUDING, WITHOUT LIMITATION, INSTALLATION OR SUPPORT) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. @PAY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of liability
UNDER NO CIRCUMSTANCE OR IN ANY EVENT WILL @PAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT WILL @PAY HAVE LIABILITY FOR ANY LOSS OF DATA IN YOUR SMARTPHONE OR YOURCOMPUTER SYSTEM. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUT FOR YOUR ACCEPTANCE OF THIS CLAUSE 17, @PAY WOULD NOT HAVE GRANTED THE LICENSE HEREIN.
Miscellaneous
These Terms of Use are governed by the laws in force of New South Wales, Australia without reference to conflict of laws principles. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia. You will not assign these Terms of Use, directly or indirectly, by operation of law or otherwise, without the prior written consent of @Pay. @Pay has the right to assign these Terms of Use in connection with a merger, acquisition, sale of assets, change of control, or similar arrangement. . These Terms of Use constitutes the entire agreement between the parties relating to the subject matter hereof and shall supersede and replace any prior agreement on the subject matter hereto. If any provision of these Terms if Use is held by a court of competent jurisdiction to be contrary to law the remaining provisions of these Terms of Use will remain in full force and effect. The headings contained herein are for reference only and shall not affect the scope or intent of any clause or provision of these Terms of Use.t.
Last Updated: October 2022
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