These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and HubeX Payments that govern the Payment Services (defined below) conducted through or in connection with the HubeX Platform. When these Payments Terms mention “HubeX Payments,” “we,” “us,” or “our,” it refers to the HubeX Payments company you are contracting with for Payment Services.
HubeX Payments provides payments services to Members to make service requests and bookings for tax, financial and related services including services in connection with tax and compliant lodgements, finance or mortgage application, related services and other current and future services provided via the HubeX Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
In order to use the Payment Services, you must be at least 18 years old, must have a HubeX account in good standing in accordance with the HubeX Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity HubeX Payment
The Terms separately govern your use of the HubeX Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents1. Your use of the Payment Services
1.1 HubeX Payment Services. By using the Payment Services, you agree to comply with these Payment Terms. HubeX Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. HubeX Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. HubeX Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. HubeX Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by HubeX Payments of those Third-Party Services.
1.3 Your HubeX Account. HubeX Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your HubeX account. You may authorize a third party to use your HubeX account if the feature is enabled for your HubeX account. You acknowledge and agree that anyone you authorize to use your HubeX account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize HubeX Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases and/or other government database sources, (ii) requesting reports from service providers, (iii) asking you to perform an identity check where a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information is required; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). HubeX Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Member Terms
2.1 Adding a Payment Method. When you add a Payment Method to your HubeX account, you will be asked to provide billing information such as name, billing address, and payment method information either to HubeX Payments or its third-party payment processor(s). You authorise HubeX Payments and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, HubeX Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your HubeX account so it can be used for a future transaction. You can remove the Payment Method from your HubeX account as long as it is not associated with an active or future service booking.
2.3 Payment Authorization. You allow HubeX Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your HubeX account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number,, expiration date, CCV) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. HubeX Payments generally charges the Total Price due after your Service Request or Booking is confirmed. Payment to service providers will be processed after acceptance by the Member. Any cancellation fee will apply to the Member after Service Providers have confirmed and accepted to provide the service and depending on the amount of work that has already been completed, full service fee may apply. HubeX Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the HubeX Platform and included in the Total Price, and you agree to pay such fees by selecting the relevant payment option. Additional terms and conditions may apply for the use of an alternative payment option. If HubeX Payments is unable to collect the Total Price due, as scheduled, HubeX Payments will collect the Total Price due at a later point in accordance with Section 5.3 Collections Once the payment for your requested service booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Currently HubeX Payments will process each transaction in the AUD currency via the HubeX Platform.
2.7 Service Booking Request Status. If a requested service booking is declined after it has been accepted by the service provider or you cancel the service booking request before it is accepted by the service provider, any amounts collected by HubeX Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
2.8 Payment Restrictions. HubeX Payments reserves the right to decline or limit payments that we believe (i) may violate HubeX Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, HubeX, HubeX Payments, or others to risks unacceptable to HubeX Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and HubeX Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. HubeX Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 HubeX Payments may make available to members the option to pay a portion of the Total Price of the Service requested at the time of booking and pay the remainder of the Total Price at a later time prior to Service requested is commenced (“Payment Plan”). Availability of this option may depend on the type of service requested and/or Payment Method.
2.11.1.2 If HubeX Payments is unable to collect your payment, HubeX Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize HubeX to cancel the service request booking on your behalf. If the booking is canceled, you will be refunded based on the service provider’s work in progress and cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to payment for the Service Provider’s work in progress and or cancellation policy.
2.11.1.3 Members requesting tax return services have an additional option of electing to pay the Service Provider’s agreed fee from their tax refund. In which case, Members agree that their tax refund will be deposited into the HubeX Trust Account for distribution to (1) Service Provider being for Service’s Provider’s Fees (2) Hubex being for Service Fee and (3) Member being for the balance of their tax refund. This amount is paid to the Member’s nominated bank account.
2.11.2 Recurring Payments
2.11.2.1 For certain service request bookings where members prefer to pay the service provider in stages of their work as determined and agreed as part of their service request, HubeX Payments may require a Member to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the HubeX Platform if applicable to a Service Request Booking.
2.11.2.2 If Recurring Payments apply to a confirmed Service Request Booking, then the Member authorises HubeX Payments to collect the Total Price due over the period of the Recurring Payments.
2.11.2.3 Members may stop a Recurring Payment by notifying HubeX Payments in writing at least three (3) business days before the scheduled date of the payment. HubeX Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of your notification. If you fail to provide written confirmation within those fourteen (14) days, HubeX Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact HubeX Payments.
3. Service Providers Terms
3.1 Payment Collection. HubeX Payments generally collects the Total Price of a service request booking at the time the Member’s service booking request is accepted by the Service Provider, unless noted otherwise. For individual personal tax return services, Hubex has an option for the Member to select to make payment from their tax refund via the HubeX Trust Account, in which case, payment is automatically split from the refund received from the ATO after lodgement.
3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your HubeX account. When you add a Payout Method to your HubeX account, you will be asked to provide billing information such as name, ABN,, billing address, and financial banking information either to HubeX Payments or from the tax return form which member will verify and confirm or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type,, account number, email address, and account information associated with a particular payment processor. You authorise HubeX Payments to collect and store your billing information and payment method information. HubeX Payments may also share your information with governmental authorities as required by applicable law ie in the event of an audit requesting on payments to a particular service provider.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Members, HubeX Payments will generally initiate Payouts to your selected Payout Method: (i) for completed and approved or signed off by requesting members within 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm AEST if local time is unknown - if the check-in time is flexible or not specified)
3.3.2 HubeX Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions.
3.4 Payout. Your Payout for a Service request booking will be the Total Price less applicable fees like HubeX service fees and applicable taxes. In the event of cancellation of a confirmed service booking, HubeX Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. HubeX Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, HubeX Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of service cancellations, disputes or modifications arising from a Force Majeure Event (as defined below).
3.6 Limits on Payouts. For compliance or operational reasons, HubeX Payments may limit the amount of a Payout. If you are due an amount above that limit, HubeX Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.7 3rd Party Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and HubeX Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.9 Handling of Funds. HubeX Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. HubeX Payments will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. HubeX Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts for Service Providers
If you provide listing Services jointly with one or more other Service Providers as part of a team, business or other organization (“Service Provider Team”), HubeX may make available to such Service Providers the option to allocate between the members of the Service Provider’s Team the total Service Payout for a service request booking. HubeX Payments will execute such payments at the instruction of one or more members of the Service Provider Team and is not responsible for any losses related to errors or omissions made by the Service Providers in providing such payment instructions.
4. Appointment of HubeX Payments as Limited Payment Collection Agent
4.1 Each Service Provider, including each Service Provider Team member, hereby appoints HubeX Payments as the Service Provider’s payment collection agent solely for the limited purpose of accepting and processing funds from Members purchasing Service Provider’ Services on the Service Provider’s behalf.
4.2 Each Service Provider, including each Service Provider Team member, agrees that payment made by a Member through HubeX Payments, shall be considered the same as a payment made directly to the Service Provider, and the Service Provider will provide the Service Provider’s Service requested and booked by the Member in the agreed-upon manner as if the Service Provider has received the payment directly from the Member. Each Service Provider agrees that HubeX Payments may refund the Member in accordance with the Terms. Each Service Provider understands that HubeX Payments’ obligation to pay the Service Provider is subject to and conditional upon successful receipt of the associated payments from Member. HubeX Payments guarantees payments to Service Provider(s) only for such amounts that have been successfully received by HubeX Payments from Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Service Providers, HubeX Payments assumes no liability for any acts or omissions of the Service Provider.
4.3 Each Member acknowledges and agrees that, notwithstanding the fact that HubeX Payments is not a party to the agreement between you and the Service Provider(s), including each Service Provider Team member, HubeX Payments acts as each Service Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Service Provider(s). Upon a Member’s payment of the funds to HubeX Payments, the Member’s payment obligation to the Service Provider(s) for the agreed upon amount is extinguished, and HubeX Payments is responsible for remitting the funds successfully received by HubeX Payments to the Service Provider(s) in the manner described in these Payments Terms. In the event that HubeX Payments does not remit any such amounts, the Service Provider(s) will have recourse only against HubeX Payments and not the Member directly.
5. General Terms
5.1 Fees. HubeX Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the HubeX Platform.
5.2 Payment Authorisations. You authorise HubeX Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your HubeX account (unless you have previously removed the authorisation to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorise HubeX Payments to collect from you:
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to HubeX Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If HubeX Payments is unable to collect any amounts you owe under these Payments Terms, HubeX Payments may engage in collection efforts to recover such amounts from you.
5.3.2 HubeX Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after HubeX Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Service Provider’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Service Provider’s HubeX account or the associated services have been provided, whichever is later.
5.3.3 HubeX Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after HubeX Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Service Provider’s future Payouts, after the adjustment is made to the Service Provider’s HubeX account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to HubeX and/or HubeX Payments by you. Such communications may be made by HubeX, HubeX Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 HubeX Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by HubeX Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to HubeX Payments.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, and Member Refund Policy will be initiated and remitted by HubeX Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, HubeX Payments will process refunds immediately, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, HubeX Payments will initiate and process the refund as soon as is practicable.
6. Abandoned Security or Payment
If HubeX Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed money laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed money laws.
7. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
8. Force Majeure
HubeX Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of HubeX or HubeX Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
9. Disclaimers
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding HubeX Payments’ appointment as the limited payment collection agent of Service Providers pursuant to Section 4, HubeX Payments explicitly disclaims all liability for any act or omission of any Member or other third party. HubeX Payments does not have any duties or obligations as agent for each Service except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
10. Liability
10.1 Except as provided in Section 10.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your HubeX account in any way, you are responsible for the actions taken by that person. Neither HubeX Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), Service liability, or any other legal theory, and whether or not HubeX Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between HubeX Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at HubeX Payments’ option), indemnify, and hold HubeX Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
12. Modification, Term, Termination, and other Measures
12.1 Modification. Except as otherwise required by applicable law, HubeX Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the HubeX Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
12.2 Term. This agreement between you and HubeX Payments reflected by these Payment Terms is effective when you create an HubeX account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 12.3.
12.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your HubeX account. Terminating this agreement will also serve as notice to cancel your HubeX account pursuant to the Terms. Without limiting our rights specified below, HubeX Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address. HubeX Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) HubeX Payments believes in good faith that such action is reasonably necessary to protect other Members, HubeX, HubeX Payments, or third parties.
12.4 Suspension and Other Measures. HubeX Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if HubeX Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of HubeX, its Members, HubeX Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
12.5 Appeal. If HubeX Payments takes any of the measures described in Section 12.3 and 12.4 you may appeal such a decision by contacting customer service.
12.6 Effect of Termination. If you cancel your HubeX account as a Service Provider or HubeX Payments takes any of the measures described above, HubeX Payments may provide a full refund to any Members with confirmed service request booking(s) with you, and you will not be entitled to any compensation for pending or confirmed service request bookings that were cancelled. If you cancel your HubeX account as a Member, HubeX Payments will initiate a refund for any confirmed service request booking(s) based on the service listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new HubeX account or attempt to access and use the Payment Services through an HubeX account of another Member.
12.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
13. Governing Law and Dispute Resolution
If you are contracting with HubeX Payments, these Payments Terms will be interpreted in accordance with the laws of the state of New South Wales, Australia, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Sydney, New South Wales, Australia, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Sydney, New South Wales.
14.1 No Class Actions or Representative Proceedings. You and HubeX Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
14.2 Severability. Except as provided in Section 14.1, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
14.3 Changes to Agreement to Arbitrate. If HubeX Payments changes this Section 14 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HubeX Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HubeX Payments.
14.4 Survival. Except as provided in Section 14.2 and subject to Section 12.7, this Section 14 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your HubeX account.
15. Miscellaneous
15.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between HubeX Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between HubeX Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver. HubeX Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without HubeX Payments’ prior written consent. HubeX Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
15.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by HubeX Payments via email or HubeX Platform notification, and depending on your notification setting, messaging service (including SMS). The date of receipt will be deemed the date on which HubeX Payments transmits the notice.
16. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
16.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
16.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
16.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
16.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with HubeX for Work, as permitted by your account, you authorize HubeX Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
16.5 For any Payout Method linked to your HubeX account, you authorize HubeX Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your HubeX account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
16.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information.
17. Contacting HubeX Payments
You may contact HubeX Payments regarding the Payment Services using the information below:
|
ENTITY |
CONTACT INFORMATION |
|
HubeX Payments Pty Ltd. |
Level 1, 14a/2 O’Connell Street PARRAMATTA NSW 2150 info@hubex.com.au |
HubeX Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.