About this Agreement
By accessing our Website and/or using one of our Services, you agree to be bound by these terms and conditions (Agreement).
In this Agreement:
“Bill Fairies™“, “we”, “us” and “our” refer to Bill Fairies™ Pty Ltd ACN 627 438 402;
“Bill” means an amount payable to an approved Bpay Bill provider by the Voucher Holder;
“Business Day” means a day that is not a weekend or a recognised public holiday anywhere in Australia;
“Payment Direction” means the direction given by a Voucher Holder to Bill Fairies™ through the “Pay A Bill” tab of the Website;
“Service” means a service offered on or performed through the Website, including but not limited to the sale of Vouchers and processing Payment Directions to use a Voucher to pay a Bill;
“Bill” means an eligible bill company or business that offers, but is not limited to, one or more of the following services:
- Telecommunications and Internet Providers
- Real Estate, Council and Strata Charges
- Medical Service Providers
- Transport and Travel Costs
- Home and Appliance Repairs
- Education and Books
- Legal, Accounting and Tax Services
in Australia for which Bill Fairies™ has determined has BPAY facilities to accept payment of Bills;
“Voucher” means a gift voucher purchased from the Website;
“you” and “your” refer to each customer (being a purchaser of one or more Vouchers or Recipient of one or more Vouchers) and user of the Website.
This Agreement applies to use of our Website, including the use of our Services. If you disagree with any part of this Agreement, you should refrain from accessing or using this Website or our services. We may from time to time amend, update or change these terms and conditions of use.
Purchase of Vouchers
All prices are in Australian Dollars and inclusive of GST (if applicable), unless otherwise indicated.
All payments must be received by us before a Voucher is issued.
Description of Vouchers may be subject to change or correction at any time without notice. Although we seek to ensure information is correct, we make no representation or warranty as to information being accurate or complete. If we discover an error, we will try to notify you as soon as possible and allow you to cancel your order and obtain a refund if desired.
By submitting an order to purchase a Voucher, you warrant that:
- you are capable of entering into a legally binding contract with us (being the terms of this Agreement);
- you are authorised and able to make payment via the method you have chosen;
- the information you have provided is correct; and
- your purchase is not made for the purpose of commercial resale unless permission from us is received.
A contract for purchase is only formed once we have accepted an order by issuing a receipt or Voucher code.
Once purchased, a Voucher will be delivered electronically to the email address or mobile number of the person nominated by the Voucher purchaser to be the Voucher holder. We do not ship Vouchers to any physical address.
It is the responsibility of the Voucher purchaser to provide us with the correct email address or mobile number of the intended recipient. Bill Fairies™ will not be held responsible for any lost, missing, mis-sent or delayed orders where incorrect or incomplete email addresses or mobile phone numbers have been provided. Furthermore, we will not be liable or responsible for any loss suffered as a result of a Voucher or expiry reminder via email or sms being blocked by spam filters or firewalls by the recipient’s service provider.
Vouchers are non-transferable, however Voucher Holders can nominate any bill provider they wish (provided it is an eligible provider acceptable to Bill Fairies™) for which to apply their Voucher to pay a Bill. Bill Fairies™ cannot guarantee that the recipient of a Voucher will:
- be the person(s) that ultimately redeems the Voucher; or
- will use the Voucher to pay for any particular Bill (if at all).
Vouchers cannot be redeemed for cash under any circumstances.
Vouchers will expire if not used by the expiration date, please see the Expiration of Vouchers section in relation to expiration of Vouchers.
Using a Voucher
The holder of a valid, unexpired Voucher may pay a Bill by doing the following:
- Follow the link received via email or SMS to redeem the voucher and register as a user;
- click into the “Pay A Bill” page then following the directions to enter the required details relating to the payment and the amount that he or she wishes to apply to the Bill;
- provided that valid BPAY details are received by Bill Fairies™, the directions will be processed by Bill Fairies™ within 2 Business Days;
- once processed, a confirmation email/sms will be sent to the Voucher Holder confirming payment and the amount held in that user’s voucher will be reduced by the amount used to pay the Bill.
A confirmation of receipt of payment from BPAY containing a receipt number is sufficient evidence that a Payment Direction has been successfully processed by Bill Fairies™. A copy of the BPAY receipt number will be sent via email or sms to the Voucher Holder for his or her records.
By using any service on our Website, you warrant that:
- you are capable of entering into a legally binding contract with us (being the terms of this Agreement), which is made each time you issue a Payment Direction to us;
- you are authorised to redeem the Voucher and make the Payment Direction; and
- the information you have provided is correct.
Bill Fairies™ is not responsible for any loss, damages, delays, fees (including late fees) or cancellation of Bill related services that may be incurred due to incorrect or incomplete details submitted in a Payment Direction and which are processed by Bill Fairies™. Once a Payment Direction is submitted, the process cannot be reversed or cancelled. Voucher Holders should carefully check details he or she enters in a Payment Direction.
Bill Fairies™ does not guarantee that all Bills will be eligible for processing. The following kinds of Bills will not be processed:
- if the Bill does not have BPAY facilities;
- if the Bill is of a kind not currently serviced by Bill Fairies™;
- for any other reason at the absolute discretion of Bill Fairies™.
If any of the above circumstances apply, Vouchers will not be applied towards payment of the relevant Bill.
Vouchers may only be used to pay a Bill on the Website pursuant to the terms of this Agreement.
Vouchers are not redeemable for cash under any circumstances.
Vouchers will expire if not used by the expiration date, please see the Expiration of Vouchers section in relation to expiration of Vouchers.
BPAY and Bill Providers
Bill Fairies™ is not affiliated with BPAY or any Bill provider nor is it a provider of Bill services. Bill Fairies™ has no responsibility for any services provided or not provided by BPAY, the Bill provider or any other party.
Bill Fairies™ does not control the business operations of BPAY or any Bill provider. Bill Fairies™ makes no warranty or representation regarding the standard of any Bill service to be provided.
Bill Fairies™ does not control the processing of payments by BPAY or Bill providers. If a payment pursuant to a Payment Direction is rejected for any reason and the money is returned to Bill Fairies™, the Voucher Holder will be notified of the issue and the refunded amount will be returned to the Voucher total.
No refund will be issued if Bill Fairies™ correctly processes a Payment Direction submitted by a Voucher Holder but an error occurs with either BPAY and/or the Bill provider such that the payment is not processed correctly or in a timely manner by either BPAY and/or the Bill service.
Bill Fairies™ is not responsible for any fees or costs that may be charged by a Bill provider when a Bill is paid. For example, some Bill providers may charge a processing fee for accounts paid using BPAY, or a late payment fee for outstanding accounts. Such fees may be deducted by a Bill Provider after receiving a payment pursuant to a Payment Direction. Users should check with their Bill providers as to what fees may be payable, as it could mean that the amount applied towards a payment of a Bill is less than expected if some of the amount is first deducted by the Bill provider to pay for fees.
Payment and Service Fees
Bill Fairies™ may charge a payment fee to recover the costs it incurs for card payments and BPAY, Payment fees vary dependent on the payment method chosen:
Visa card or Mastercard: 1.00%
American Express: 3.025%
A flat fee of 3% + GST
Bill Fairies™ will charge this flat rate service fee on all Vouchers. This fee is only payable upon purchase of a Voucher and will not apply when redeeming a Voucher or when making a Payment Direction.
All fees will be clearly displayed to purchasers of Vouchers at the time of purchase.
Transfer of Vouchers, Replacement of Vouchers
All valid Vouchers are non-transferable however a Voucher holder can choose to pay anyone’s bill with the Voucher funds.
If a Voucher code is received and subsequently lost, the voucher holder may be eligible to have a replacement Voucher link emailed or sent via sms to them, provided that:
- the Voucher is valid, has not yet expired (calculated from the date that the initial Voucher was purchased); and
- proof of purchase is provided, either an order or Voucher number, purchaser’s name and purchaser’s email address/mobile number to which the initial Voucher was sent or the alternate information provided when the Voucher holder registered with Bill Fairies™ as a user.
If a Voucher Holder requires assistance from us in relation to a lost Voucher, it is his or her responsibility to obtain and provide us with all required verification details. Failure to do so will mean no replacement Voucher code will be issued.
We will replace any valid, unexpired Voucher that is faulty or unable to be redeemed. Any replacement Voucher will have the same value and expiry date as the Voucher’s current amount. If you have a faulty Voucher, please contact us during Sydney business hours. You must have available the original email address or mobile number receipt and Voucher reference number. We may request other verification and security checks in our absolute discretion before a replacement Voucher is issued.
Voucher Holders have the responsibility to safeguard their unique voucher code from unauthorised access. Bill Fairies™ accepts no responsibility for any unauthorised use of any unauthorised Payment Directions submitted through the website.
Voucher Holders should immediately contact us if they have lost their unredeemed Voucher code, or if they suspect that a third party may have unauthorised access to Voucher.
Expiration of Vouchers
The expiration of Vouchers differ as follows and one or two of the following options will apply:
- A Voucher purchased and the amount redeemable from the Voucher will be valid for 36 months from the date of purchase. The Voucher will not be redeemable or any Vouchers from which the Voucher was redeemed will be removed from the Voucher Holders account balance on the expiration of 36 months after the date of purchase of the Voucher.
For example, in relation to a Voucher that is redeemed 6 months after the date of purchase, those Vouchers must be used to pay one or more a Bills within 30 months after the redemption otherwise they will be deleted from the Voucher Holder’s account balance.
Bill Fairies™ is under no obligation to offer any extension of time for Vouchers.
- After a Voucher has expired, it is no longer valid, and all transaction attempts relating to the Voucher will be declined. Any unused value at the date of expiry will become the property of Bill Fairies™ without further notice to the holder of the Voucher.
Charities We Support
We may from time to time carry out fundraising for charities that operate in Australia.
Purchasers of Vouchers will have the option of donating $1.99 towards the charity identified on the purchase page.
Bill Fairies™ does not accept any responsibility if a person opts to donate to a charity through the Website or the use of any donation by any charity.
Bill Fairies™ is not a charity, nor is it eligible to be a deductible tax recipient. Any donation made through the Website will not be eligible for a DGR receipt.
Returns, Refunds and Cancellations
No refunds will be issued for an order for a Voucher due to a change of mind.
No refunds of Vouchers (in part or in whole) will be issued once a Payment Direction is submitted by a Voucher Holder.
If, due to our error or fault, Vouchers are expended without the Voucher Holder’s direction or consent, this will be rectified by the expended Vouchers being added back to the balance amount of the Voucher Holder. Under no circumstances will a refund of Vouchers be in the form of cash or other legal tender.
If in doubt, before you purchase a Voucher, or redeem Vouchers, we recommend you check with us to ensure that you understand the nature of our Services. You are welcome to email us should you have any queries before purchase or redemption.
Bill Fairies™ complies with Australian Consumer Law where applicable in respect of guarantees and warranties for our Services.
A refund of money or Vouchers will not be issued in the following circumstances:
- if the purchaser or Voucher Holder submits an incorrect email address or mobile number of the recipient and the Voucher is sent to the wrong person;
- if a Voucher Holder provides incorrect information to Bill Fairies™ in relation to a Bill and Vouchers are applied to the wrong Bill account.
It is the responsibility of users of this Website to provide Bill Fairies™ with correct information to enable the Services to be carried out and Bill Fairies™ relies on the information it receives in order to perform the Services.
Conditions of Use
It is a condition of you using this Website or Service that you do not:
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
- falsely represent to others that you or your association is affiliated or associated with us, the Website or any Service;
- use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit the information made available or published on the Website for commercial purposes without our written consent; or
- access or attempt to access information resources you are not authorised to use.
You agree to indemnify, defend and hold us and our employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including legal fees and court costs, that arise directly or indirectly from:
- your breach of this Agreement; or
- your activities in connection with the Website.
You understand and agree that:
- the Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, expressed or implied;
- we make no warranty that the Website or a Service will meet your requirements, be uninterrupted, timely, or error-free;
- any material downloaded from the Website is done at your own risk and you are solely responsible for any damage to your computer system or loss of data as a result from the download; and
- no advice or information obtained by you from or through us or the Website shall create any warranty.
Limitation of Liability
We exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website or our Services. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from:
- the use or the inability to use the Website;
- the unauthorised access to or alterations of your transmissions or data;
- activities resulting from the loss or misuse of the Website;
- statements or conduct of any third party on the Website; or
- any other matter relating to the Website or Service.
Where liability cannot be excluded, such liability is limited to the value of the Voucher purchased.
In some cases, material on the Website may incorporate or summarise opinions and/or recommendations of third parties. This material has been assembled in good faith, but does not necessarily reflect our considered views or indicate our commitment to any particular course of action.
Bill Fairies™ has:
- no liability for any act, omission or default, whether negligent or otherwise of any Voucher purchaser, Voucher(s) Holder, Bill provider, BPAY or third party.
- no liability for any loss or damage occasioned by any negligent act or omission of any Voucher purchaser, Voucher(s) Holder, Bill provider, BPAY or third party.
To the extent permitted by law, we will not be liable to you for any loss or damage, nor be in default under this Agreement, for failure to observe or perform any of our obligations under this Agreement for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
We are not liable for interference with or damage to your computer system(s) in connection with the use of a Service, Website or a linked website. You must take your own precautions to ensure that whatever you select for use from this Website is free from viruses or anything else that may interfere with or damage the operations of your computer systems.
The information provided on this Website, Service or any other communication we have with you is not intended to constitute legal, business or other professional advice. It is provided as general information only and is not intended as a substitute for advice from a qualified professional such as a solicitor, accountant or other advisor who is familiar with the facts of your particular circumstances.
Before relying on the information or material on this Website, you should carefully make your own evaluation of its accuracy, currency, completeness and relevance for their/your own purposes.
You may not use any part of the Website (including text and photos) for any purpose without our consent (unless authorised by us or is permitted under the Copyright Act 1968 (Cth)), including the following:
- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading and/or reposting the material to any other site on the internet;
- “framing” the material on the Website with other material on any other internet website.
Apart from any use permitted under the Copyright Act 1968, all other rights are reserved. If you wish to publish or reproduce any materials for commercial, educational or other uses you are requested to contact us for further information.
We own, or are entitled under licence, to all rights, title and interests (including present and future copyright) in the Website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all Services described on the Website are owned exclusively by us or others who have licensed their material to us (unless indicated otherwise).
The Website and contents of the Services may contain material in which third parties own the copyright. Copying such material may infringe the rights of others.
The “Bill Fairies™” brand is our intellectual property and any unauthorised use is prohibited. Other product and company names mentioned on this Website may be the trademarks or intellectual property of other people or entities.
We have used our best endeavours to ensure that the information contained on the Website is true and accurate. We monitor the quality of the information available on the Website and update that information regularly. However, we (including our directors, officers, employees, agents and related entities responsible for maintaining the Website) accept no responsibility and disclaim all liability in respect of any errors, inaccuracies or misstatements contained on the Website. You should make your own inquiries to verify information stated on the Website.
In some cases, the material set out on the Website may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect our views or indicate a commitment to a particular course of action.
Links to other websites are inserted for convenience and do not constitute endorsement of material at those websites, or any associated organisation, product or service. We are not responsible for the privacy practices or the content of such websites. Furthermore, we accept no responsibility for material contained in any website that links to the Website.
By virtue of browsing or accessing the Website, you have accepted the laws of New South Wales as the law governing the conduct and operation of the Website. In this respect, the courts of New South Wales will have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the Website or its use.
Changes to this Agreement
We may modify this Agreement at any time, and such modifications shall be effective immediately upon the modified Agreement being publicly available on the Website. The Agreement is considered renewed every time such changes occur and your continued access or use of the Website and Service shall be deemed your conclusive acceptance of the modified Agreement.
How Current is this Agreement?
This Agreement was last updated on 25 September 2018
If you have any queries or comments concerning any aspect of this Agreement or our practices, you are welcome to contact us by emailing firstname.lastname@example.org.