Thank you for using BlinkPay NZ's payment gateway services. By using this service, you ("User") agree to comply with these Terms of Service (the "Terms") provided by BlinkPay NZ Limited ("we," "our," or "us"), a company registered in New Zealand. Using this Service constitutes acceptance of these Terms, which may be updated from time to time at our discretion.
Please review these Terms carefully. If you do not agree with these Terms, do not use our Service.
1. Service Description
BlinkPay provides proprietary payment processing services that enable you to make payments directly from your bank account to merchants through secure bank-to-bank transfers, including through our Blink PayNow and Blink AutoPay services.
2. Financial Institution Terms and Conditions
By using our Service, you:
- Warrant that you are the owner of the account from which you are making payments
- Confirm you are authorised to make payments from that account
- Agree that any refunds should be credited to the same account from which the initial payment was made, and that if a refund is provided to you authorise us to provide your bank account number to the merchant for the purpose of completing that refund
- Acknowledge that payments may be subject to your financial institution's and/or your merchant's terms and conditions
- Grant us permission to communicate with your bank or financial institution as necessary
- Acknowledge that payments processed through our Services are irrevocable by us once confirmed
- Must ensure you have sufficient funds to cover any payment
- Must provide accurate and complete information
3. Security and Privacy
Your banking credentials are never stored by BlinkPay. All banking connections are made through secure, bank-approved channels. Our Privacy Policy explains how we collect, use, and protect your personal information.
4. Prohibited Activities
You agree not to, and will not permit others to use the Service to:
- Violate or encourage others to violate any applicable law, regulation, or third-party rights
- Engage in any unlawful, fraudulent, invasive, infringing, defamatory, or harmful activity
- Distribute malicious software or engage in any action intended to damage or disrupt our Service
- Gain unauthorised access to, disrupt, or interfere with our Service or third-party systems
- Disable, interfere with, or circumvent any security features
- Generate, distribute, or facilitate spam or unsolicited communications
- Use any form of automated or bot activity without our express permission
- Reverse assemble or decompile any part of our Service
5. Intellectual Property Rights
BlinkPay owns all intellectual property rights in the Service and any derivatives thereof. You acknowledge that:
- There is no transfer of title, intellectual property rights, or ownership of the Service or any part thereof
- There is no transfer of any derivative of the Service
- You will not dispute BlinkPay's ownership of the intellectual property
- You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for its intended purposes
- You must not copy, modify, reverse engineer, or decompile any part of the Service
6. Security Measures
BlinkPay reserves the right to:
- Block any requests we suspect to be fraudulent, automated, or in breach of these Terms
- Implement additional security measures as needed to protect our Services and users
- Share information about violations with law enforcement or appropriate authorities
7. Transaction Processing and Fees
We do not store your funds but facilitate the transfer from your financial institution to the intended recipient. BlinkPay does not charge end users for using the Services. However, your bank may charge fees for certain transactions, which are your responsibility.
8. Limitation of Liability and Indemnity
To the fullest extent permitted by applicable law:
- BlinkPay will not be liable for any loss (including indirect, consequential, or special loss), damage, cost, or expense, however caused (including through negligence), suffered or incurred by you or your affiliated entities arising out of or in connection with your use of the Service
- BlinkPay disclaims all warranties, conditions, and representations, express or implied, in respect of your use of the Service
- You will indemnify and hold BlinkPay harmless from and against all claims, losses, damages, or injuries arising out of your use of the Service or breach of these Terms
9. General Provisions
9.1 Governing Law:
These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
9.2 Waiver:
No waiver of any breach, or failure to enforce any provision, of these Terms at any time shall limit or waive the right to subsequently enforce and compel strict compliance with these Terms.
9.3 Severance:
If any provision of these Terms is found to be unenforceable, illegal, or invalid, it shall be severed and shall not affect the enforceability, legality, validity, or application of any other provision which shall remain in full force and effect.