Terms & Conditions
Welcome to MintPaid!
These Terms apply to our web and mobile application accessible via https://mintpaid.com/, the Apple iOS Store and the Google Play Store (Platform). We’ve set out these Terms to govern your subscription to the Platform (Subscription).
When we talk about “the Company”, “we,” “our,” or “us” in these Terms, we are referring to MintPaid, an Australian business with ABN 13 588 984 088. If you have any concerns regarding these Terms and/or the Platform, please contact us at email@example.com.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
By clicking the tick box on the Platform, paying for your Subscription, signing up for a Trial or otherwise accepting the benefit of any part of the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you or the entity you represent (you) and MintPaid. You represent and warrant that you have valid authority to enter into these Terms on behalf of any entity you may represent.
These Terms set out the terms and conditions that apply when you use the Platform.
By using the Platform or otherwise engaging with the content on the Platform, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms
Please have a careful read through these Terms before using the Platform. If you don’t agree to these Terms, please don’t use the Platform.
We may modify our Terms from time to time and your continued use of the Platform provides that you have accepted these Terms. You can review the most current version of the Terms at any time at https://mintpaid.com/terms-of-service.
2. Account registration
In order to use the Platform, you will be required to sign up for an account (Account).
When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration. The information you upload to the Platform may include but not be limited to files, data, materials or any other information, including Intellectual Property Rights attaching to those files, data, materials or any other information (User Information).
You agree that you’re solely responsible for:(a) maintaining the confidentiality and security of your Account information and your password; and (b) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
3. Account Services
3.1. Hosted services
- (security) We will use our best efforts to ensure that User Information is stored securely. We encrypt all information both in transit and at rest. MintPaid will report any User Information breaches within a reasonable time of becoming aware of such breach. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Information, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- (backups & disaster recovery) We will use our best efforts to maintain regular backups including continuous and off-site backups. However, in the event that User Information is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects. MintPaid uses your payment gateway as a source of truth for payment data. Some data may be recovered from these third party systems in the event of system failure.
3.2. Support services
MintPaid offers support where necessary to resolve technical issues with the Platform (Support Services), upon which the following terms apply unless otherwise specifically agreed in writing:
- We will take reasonable steps to provide Support Services where necessary. We aim to respond to all support requests within 24 hours.
- You are responsible for all internal administration and managing access, including storing back-up passwords and assisting your personnel to access and use the Platform.
- You will not have any claim for delay to your access to the Platform due to any failure or delay in Support Services.
You acknowledge and agree that:
- any information provided to you as part of or in connection with the Platform or the Services is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice; and
- it is your responsibility to comply with applicable Laws relevant to your business, including industrial relations Laws and privacy Laws.
- (Verification) We may offer or require you to verify your details (including company and credit card details) using our processes or an external identity verification service as applicable (Verification Service).
- we may contact and share your personal information with a Verification Service to verify your details;
- you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
- (a) We may offer a no cost trial which will allow you to access our Platform for a free period as set out on the Platform (Trial). If at the end of the Trial, you do not make a payment, then your Trial will end. If you wish to continue using our Platform, you must purchase a Subscription as set out in clause 5.2.
- Subject to clause 5.1, access to the Platform is only available via a paid subscription (Subscription). We may have different subscription periods (Subscription Period) and different levels of Subscriptions which have different functionalities, such as the number of users permitted to use the Account (Subscription Tiers). Details of the Subscriptions as well as the associated fee for each (Subscription Fees) will be set out on the Platform.
- The Subscription Fees may be paid via the Platform or as otherwise notified by us to you, depending on our current prices and billing processes. As part of signing up for a Subscription, we may collect your credit card details (Credit Card Details).
- Once you subscribe to the Platform, your Subscription will continue to renew automatically at the end of each Subscription Period, and you will continue to be charged Subscription Fees unless you cancel your Subscription in accordance with clause 17.
5.3. Upgrades and Downgrades
You may notify us that you would like to upgrade or downgrade your Subscription Tier at any time. If you do, we will:
- take reasonable steps to promptly provide you with access to the new Subscription Tier; and
- upon providing such access, apply the new, relevant Subscription Fees immediately.
- For the avoidance of doubt, if you choose to downgrade your Subscription, the new Subscription Fees will kick in at the start of the next billing cycle, unless we notify you otherwise. We generally don’t pro-rate downgrades in between billing cycles, however we reserve the right to from time to time.
- If you choose to downgrade your Subscription, you acknowledge and agree we are not liable, and you release us from all claims in relation to, any loss of content, features, or capacity, including any Client Data.
5.4. Subscription fees and payment
- (When Subscription Fees are due) You must pay the Subscription Fee at the beginning of each Subscription Period. You may be able to choose your preferred Subscription Period via the Platform or upon written request to MintPaid.
- (Automatic recurring billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us before the end of the then current Subscription Period that you want to cancel your Subscription. Otherwise, we will continue to automatically charge the Subscription Fees from your nominated account at the beginning of each Subscription Period. We will not pay any charge back amount if you fail to cancel your Subscription. You acknowledge that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
- (Failure to pay) If Subscription Fees are not paid when they are due, we may suspend your Account for 1 month (Suspension Period). If you do not pay the outstanding Subscription Fees within the Suspension Period, we will revoke your Account.
- (Third Party Payment Provider) We use third-party payment providers (Payment Provider) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
- (Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
Except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds for any of our subscriptions and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Platform that you think should entitle you to a refund and we’ll consider your situation.
7. Acceptable use
We’ll need you to make a few promises about the way you’ll use the Platform.
- not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent;
- not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
not to attempt to breach the security of the Platform or MintPaid’s system security, or otherwise interfere with the normal function of the Platform, including by:
- gaining unauthorised access to Accounts or data about other users of the Platform;
- scanning, probing or testing the Platform for security vulnerabilities;
- overload, flood, mailbomb, crash or submit a virus to the Platform or MintPaid’s system; or
- instigate or participate in a denial-of-service attack against the Platform or MintPaid’s system; and
- to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Platform comply with the Terms.
- If you breach or are suspected to have breached any of your obligations in this clause 7 MintPaid reserves the right to suspend or cancel your Subscription without notice or any refunds.
8. Your content
8.1. Types of content
As part of using the Platform, you’ll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register an Account (Posted Materials).
8.2. Posted materials
By providing or posting any Posted Materials, you represent and warrant that:
- you are authorised to provide the Posted Materials;
- the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
- the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);
- the Posted Materials are accurate and true at the time they are provided;
- any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
- the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
8.3. Posted materials - IP license
By uploading any Posted Materials, you grant to MintPaid (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for MintPaid to use, exploit or otherwise enjoy the benefit of such Posted Material.
8.4. Removal of posted materials
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
9. Our content
Unless we indicate otherwise, all materials used in the Platform (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Platform in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
10. Third parties
10.1. Third party content
The Platform may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
10.2. Third party links
The Platform may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
10.3. Third party terms and conditions
By using the Platform, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).
You agree to any Third Party Terms applicable to any third party goods and services, and MintPaid will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
10.4. Third party software
- You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together. We cannot guarantee that integration processes between the Platform and other software programs will be free from errors, defects or delay.
- You agree that we will not be liable for the functionality of any third party goods or services, including any third party software, or for the functionality of the Platform if you integrate it with third party software, or change or augment the Platform, including by making additions or changes to the Platform code, and including by incorporating APIs into the Platform.
- MintPaid retains the right to publish your name, logo and website hyperlink on the Platform, or any other MintPaid portfolios and websites for the purposes of recognition or professional advancement, including in connection with proposals to prospective customers.
- You may email firstname.lastname@example.org to request to be excluded from such publicity described in clause 11(a) and MintPaid will take all reasonable steps to exclude you from future publicity upon acknowledgement of your request.
12. Notice regarding Apple
If you are accessing the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- these Terms are between you and MintPaid and not with Apple. Apple is not responsible for the Platform or any content available on the Platform;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Platform;
- in the event of any failure of MintPaid to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Platform. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be MintPaid’s responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Platform, including, but not limited to:
- product liability claims;
- any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Platform or your use of the Platform infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of agreement when using the Platform; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
13. Operation of the App dependent on third parties
You acknowledge that the Platform are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Platform can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.
14. Service limitations
The Platform are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
- the Platform will be free from errors or defects;
- the Platform will be accessible or available at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, MintPaid limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform to the total amount of fees paid by you in the 3 months preceding the event which gives rise to the liability. This includes the transmission of any computer virus.
You agree to indemnify MintPaid and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Platform and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
To the maximum extent permitted by law, under no circumstances will MintPaid be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
17.1. Cancellation by you
You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided in the app. Your Subscription will end in the then current billing cycle, and you will be charged for that billing cycle.
17.2. Cancellation by us
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Platform or any part of the Platform at any time without notice, for any reason, provided that we refund to you any Fees for Platform which you have paid for and not received.
We may also terminate your access to any or all of the Platform at any time without notice without issuing a refund if you breach any provision of these Terms.
17.3. Effect of cancellation
Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party,
20.1. Governing law and jurisdiction
This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
20.4. Joint and several liability
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
20.7. Entire agreement
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $; or “dollar” is to Australian currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.