Nayax AU Pty Ltd. (ACN 615 300 402) (“Nayax”) of Suite 1, Level 4, 100 William Street, Woolloomooloo NSW 2011 operates a business of providing a comprehensive operating system and payment platform for multiple retailers. By accepting these terms and conditions, you and Nayax enter into an Agreement for the provision of Goods on the terms and conditions set out below (“Terms and Conditions”).

1.    NAYAX’S TERMS AND CONDITIONS
1.1.    These Terms and Conditions apply to, and govern, all transactions between you and Nayax, relating to the sale and supply of the Goods, including all quotations, contracts, and variations and unless otherwise agreed in writing, these Terms and Conditions shall apply to the exclusion of any other terms and conditions.
1.2.    Nayax reserves the right to amend these Terms and Conditions at any time. Nayax recommends that each time you access Nayax’s Website you read these Terms and Conditions.
1.3.    You acknowledge that you rely on these Terms and Conditions and not any representations or warranties made by Nayax prior to, or at the time of, entering into this Agreement. 
1.4.    If you are uncertain as to your rights under these Terms and Conditions or you want an explanation about them please contact Marco Civeriati on 1300 34 34 84 or by email to auorders@nayax.com.

2.    NAYAX’S GOODS
2.1.    All product descriptions and content on Nayax’s Website, or otherwise issued by Nayax, are intended merely to present a general idea of Nayax’s Goods. If you require any further details, please contact Marco Civeriati on 1300 34 34 84 or by email to auorders@nayax.com, providing details of the additional information needed.
2.2    You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and Nayax may not be able to fulfil all or part of your order. If this occurs, Nayax will contact you within five (5) Business Days to arrange a full or partial refund. Nayax will use reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Nayax is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
2.2.    Nayax reserves the right to withdraw or suspend any Goods displayed on the Website from sale either temporarily or permanently at any time without notice to you. Nayax will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
2.3.    Where your order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), Nayax will at your option either replace the Goods or accept their return and refund any money paid for the Goods. Nayax will bear any necessary costs incurred in replacing or repairing Goods that are faulty or not as described.
2.4.    You acknowledge and agree that:
(a)    all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b)    you have read any corresponding written description of the Goods prior to submitting your order;
(c)    where Nayax provides any specifications, including, but not limited to, sizing or other measurements in the descriptions of the Goods (where applicable), it is your responsibility to ensure that such specifications, including, but not limited to, the actual size of each item, are suitable for your purpose prior to submitting your order; and
(d)    any accessory featured with the Goods is for illustration purposes only.

3.    PRICE AND PAYMENT
3.1.    The price and availability of the Goods are identified on the relevant page of the Website detailing the Goods.
3.2.    Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where you access the Website from an IP address located within Australia, prices displayed will exclude GST. Where you access the Website from an IP address located outside Australia, all prices will be stated in Australian Dollars and are exclusive of all Tax which may be payable in relation to your order. You are liable to pay all such Tax.
3.3.    The price of all Goods are exclusive of all delivery costs.
3.4.    Delivery costs, where applicable, are itemised separately from the price for the Goods.
3.5.    Nayax reserves the right to change or alter prices of Goods or delivery costs and charges on the Website at any time, without notice to you, unless you have already submitted an order at a stipulated price, in which case if Goods ordered are unavailable or Nayax needs to vary the price to take account of any substantial increase in Nayax’s suppliers' prices, changes in taxes and duties, site errors, or errors or omission in the price displayed on Nayax’s Website or in any confirmatory correspondence, Nayax shall notify you by email and allow you an opportunity to cancel your order without penalty.
3.6.    In respect of any order, Nayax will charge you and you agree to pay:
(a)    the price for the Goods (which is the price at the time the order is submitted in Australian Dollars); and
(b)    the delivery fee.
3.7.    In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.
3.8.    Nayax uses an encrypted payment gateway and security certificate to secure payments. Whilst Nayax takes all reasonable precautions, Nayax cannot guarantee the security of any transaction.
3.9.    You acknowledge and agree that you may be charged a credit card surcharge should you choose to pay via credit card.

4.    ORDERS
Placement of orders
4.1.    All orders placed by you for the provision of Goods must be submitted through the Website.
4.2.    An order will only be deemed to be placed by you if the order is processed and paid in full. 
4.3.    You acknowledge that all orders through the Website with respect to the Goods are intended for personal and domestic use only and must not be used for re-sale purposes.
4.4.    You acknowledge that quantity restrictions may apply as set out on the Website from time to time.
Acceptance and rejection of orders
4.5.    Nayax endeavours to acknowledge all orders submitted to Nayax by way of email.
4.6.    No order submitted by you is accepted by Nayax until Nayax confirms its acceptance in writing or by dispatching the Goods ordered by you.
4.7.    Nayax reserves the right to accept or reject your order for any reason at any time without limitation.
4.8.    Nayax may in its absolute discretion refuse to provide the Goods in the event that:
(a)    the Goods are unavailable for any reason whatsoever; and 
(b)    payment for Goods previously provided to you or any of your related parties or to any other party who is, in Nayax’s reasonable opinion, associated with you under the same or another agreement, has not been received by Nayax.
4.9.    In the event that Nayax rejects an order, Nayax will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the order. Nayax will not be liable to you for your loss or that of any third party for the rejection of an order.
4.10.    Where Nayax rejects an order and your payment for the Goods has already been processed, Nayax will refund any money paid to Nayax in respect of that order and make reasonable endeavours to process the refund within ten (10) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Nayax is not liable with respect to any loss, damage, cost, expense, or injury you or any third party incurs as a result of any delay in processing your refund.

5.    GST
5.1.    This clause applies if GST is imposed on any Goods supplied to you under these Terms and Conditions.
5.2.    Unless expressly stated otherwise, all consideration to be provided under these Terms and Conditions is expressed as exclusive of GST.
5.3.    You must pay GST on the Taxable Supply to Nayax of an amount equal to the GST exclusive consideration multiplied by the GST Rate.
5.4.    GST will be payable by you without any deduction or set off for any other amount at the same time as the GST exclusive consideration is payable. In all other respects, GST will be payable by you to Nayax upon the same basis as the GST exclusive consideration is payable by you under these Terms and Conditions.
5.5.    Nayax will issue an invoice or invoices to you for the amount of GST referrable to the Taxable Supply. Nayax will include in any such invoice such particulars as are required in order that you may obtain an input tax credit for the amount of GST payable on the Taxable Supply.
5.6.    If any part of the consideration is referrable to both a Taxable Supply and anything that is not Taxable Supply, the amount of GST payable by you will be determined by Nayax and will be the same amount of GST that would be payable if the Taxable Supply were the only supply made to you. 
5.7.    If you default on any payment on the due date of any amount payable under these Terms and Conditions, then without prejudice to any other remedies, you will pay Nayax upon demand an amount equal to the amount of any damages, or interest, or additional GST that may become payable by Nayax arising out of your default.

6.    CANCELLATIONS AND REFUNDS
General cancellation and refund policy
6.1.    If you wish to cancel your order for the Goods without penalty, you must provide notice in writing to Nayax within seven (7) days of making payment in full. Provided that Nayax confirms in writing that the order for the Goods have been cancelled, Nayax will endeavour to provide you with a refund within five (5) Business Days.
6.2.    If you do not cancel your order for the Goods in accordance with clause 6.1, you shall be deemed to have accepted the Goods and will not be able to return the Goods to Nayax without penalty. 
6.3.    If you wish to cancel your order for the Goods after the Goods have been dispatched and wish to obtain a refund, within seven (7) days from the purchase of the Goods:
(a)    you must accept delivery of the Goods, keep the Goods in your possession, take good care of the Goods until such time that the Goods are returned to Nayax; 
(b)    you must ensure that the Goods remain undamaged, wrapped in their original packaging, and the original, unassembled condition in which you received them and you must take all reasonable measures to ensure the Goods are not damaged in transit and pay for all delivery costs; and
(c)    you must pay to Nayax a restocking fee of 25% of the purchase price of the Goods (“Restocking Fee”) prior to obtaining a refund. 
6.4.    Where the Goods which are returned to Nayax by you have been damaged by you or are damaged in the return transit (and the damage is not the result of Nayax’s actions or negligence) then you must pay to Nayax any and all reasonable costs arising from the damage, which could include the full replacement cost of the Goods.
6.5.    If you cancel your order for the Goods in accordance with clause 6.3, Nayax shall refund you the purchase price of the Goods, less:
(a)    the Restocking Fee; and
(b)    the reasonable costs for any damage to the Goods (if applicable).

7.    RETURNS
Nayax accepts returns for defective Goods, provided that you follow these steps:
(a)    If you wish to return Goods that are defective, email the dispatch team at auorders@nayax.com within seven (7) days of the date the Goods are receipted by you.
(b)    You arrange for the return of the Goods to Suite 1, Level 4, 100 William Street Woolloomooloo NSW 2011 or as directed by Nayax from time to time, at Nayax’s costs. 
(c)    Once Nayax have received and inspected the defective Goods, provided Nayax is satisfied in its reasonable opinion that the Goods were defective at the time that they were delivered to you, Nayax will issue you with a refund within ten (10) Business Days. 

8.    DELIVERY
8.1.    The applicable delivery charges for the Goods, will be calculated depending upon the delivery address and postcode and confirmed to you in Nayax’s acceptance of your order before dispatch and processing of your order. 
8.2.    Unless otherwise agreed in writing by you and Nayax, the delivery of the Goods will take place at the address you have specified in your order.
8.3.    If the Goods are to be delivered to an address other than the registered cardholder's address, proof of address may be required.
8.4.    When placing your order, you must provide Nayax with all necessary information to enable Nayax to deliver the Goods to you.
8.5.    The estimated delivery time once an order for Goods is placed is 3-5 Business Days. 
8.6.    Any delivery time frames provided by Nayax to you are estimates only.
8.7.    You acknowledge and agree that notwithstanding anything else stated on the Website:
(a)    Nayax cannot guarantee that delivery will occur in the stated delivery time frames;
(b)    delivery time frames may change from time to time due to unforeseen circumstances;
(c)    except where required by applicable law, Nayax is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery; and
(d)    delivery fees are non-refundable.
8.8.    Provided that Nayax delivers the Goods to the address you have specified in your order (or any other address agreed by Nayax in writing) then the Goods will be deemed to have been delivered and Nayax will not be liable to you for the non-delivery of the Goods. Nayax does not have to satisfy themselves that the person who accepts delivery at the given address is you (or authorised by you to accept delivery of the Goods). If the details provided to Nayax are incorrect and delivery is required to be changed when in transit, then you will be responsible for any redelivery or redirection costs.
8.9.    Goods are delivered by a third party contracted to undertake delivery on Nayax’s behalf to you and are delivered only to your doorstep.
8.10.    Upon delivery, you are responsible for inspecting the Goods and checking that the Goods delivered match your order. If there is obvious damage to the Goods, you must contact Nayax immediately or within seven (7) days of the date the Goods are delivered to you. If the Goods are found to be damaged as a result of the delivery service the damaged Goods will be replaced. 

9.    RISK AND TITLE
9.1.    The Goods shall be at your risk once the Goods have been delivered at the address for delivery as specified by you in your order, and if you wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to you at the time when Nayax tendered delivery of the Goods.
9.2.    Title to the Goods shall pass to you only after Nayax have received in full all sums due to Nayax in respect of the Goods including but not limited to the purchase price and delivery fee of the Goods, and the Goods have been received by you. 
9.3.    If the Goods come into your possession prior to Nayax receiving payment for the Goods, then title to the Goods shall remain with Nayax.
9.4.    Until ownership of the Goods are passed to you, you must:
(a)    hold the Goods as Nayax’s bailee;
(b)    store and hold the Goods (at no cost to Nayax) separately from all of your other property or those of any third party in such a way that the Goods remain readily identifiable as Nayax’s property;
(c)    not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d)    not use, alter or resell the Goods; and
(e)    maintain the Goods in a satisfactory condition in their original packaging and take reasonable care of them.
9.5.    You grant Nayax, its agents, and employees, an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them or, where your right to possession has terminated, to recover them and to use reasonable force in doing so.

10.    NAYAX’S OBLIGATIONS AND WARRANTIES
10.1.    Nayax agrees:
(a)    to provide you with the Goods pursuant to the order, subject to payment of the Goods by you; 
(b)    to ensure that the Goods are provided in accordance with these Terms and Conditions; 
(c)    to rely on the accuracy and completeness of information received from you; and
(d)    to comply with any applicable, legal, regulatory or mandatory obligations.
10.2.    Nayax warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material, quality, workmanship and condition for a period of twenty-four (24) months from delivery. This warranty is provided only to you as the purchaser of the Goods from Nayax and is not transferrable.
10.3.    Subject to clause 10.6, the warranty under clause 10.2 above shall only apply:
(a)    to Goods supplied by Nayax within Australia only. Nothing in this warranty affects any of your statutory rights for any alleged failure of a guarantee under the Australian Consumer Law;
(b)    where you provide Nayax written notice of the defect within a reasonable time of you discovering the defect; and
(c)    if Nayax is provided a reasonable opportunity after receiving your notice of defect to examine the Goods in question and Nayax determines that the warranty is valid as none of the grounds to reject the warranty set out in clause 10.6 apply, and you return the Goods to Nayax at Nayax’s cost for the examination to take place.
10.4.    If the Goods are not found to be defective according to Nayax’s reasonable opinion, you shall be responsible for the direct cost of the delivery of the Goods to Nayax and back to you.
10.5.    Subject to clause 10.7, if Nayax is in breach of its warranty in clause 10.2, within 30 days of Nayax examining the defective Goods, Nayax shall (in its sole discretion):
(a)    repair or replace such Goods (or the defective part) free of charge or at a discounted rate (not including freight) depending upon the issue in question in such circumstances, Nayax warrants that the replacement Goods will correspond with their description and will be free from defects in material, quality and workmanship at the time of delivery, but do not provide any additional express warranties for such replacement Goods; or
(b)    refund the price of such Goods provided that you deliver up the Goods for collection (or, if Nayax so requests and at Nayax’s expense you return the Goods which are defective to Nayax).
10.6.    The warranty in clause 10.2 does not apply:
(a)    to the use of the Goods by you on improper foundations, platforms or other bases, which may result in damage to the Goods;
(b)    in circumstances where you have not used the Goods for their intended purpose or in accordance with Nayax’s suggested use;
(c)    where the Goods have been subjected to conditions likely to cause damage or deterioration beyond normal wear;
(d)    the defect arises as a result of wilful damage, negligence, misuse, abnormal conditions or use or your failure to follow Nayax’s oral or written instructions as to the storage or use of the Goods;
(e)    if the Goods have been damaged (intentionally or due to accident or neglect), including burns, cuts, water damage or smoke damage; 
(f)    if you do not have proof of purchase; 
(g)    if you make any further use of such Goods after giving notice of the defect to Nayax; or
(h)    if you alter or repair such Goods without Nayax’s prior written consent.
10.7.    Nayax shall not be obliged to fulfil its warranty in clause 10.2 unless clause 10.3 is satisfied. 

11.    YOUR OBLIGATIONS AND WARRANTIES
11.1.    You warrant that:
(a)    any and all information you have given, or will give, to Nayax is or will be true, accurate, comprehensive and not misleading in any material respect; and 
(b)    you will perform your responsibilities and obligations under these Terms and Conditions with all due care and consideration. 
11.2.    You acknowledge and agree that: 
(a)    Nayax’s performance under these Terms and Conditions is dependent on you carrying out your obligations as set out in this clause; 
(b)    Nayax is not responsible for any delay or other consequence that results from your failure to perform any of your responsibilities and obligations under these Terms and Conditions;
(c)    you must not resell any Goods without the prior written consent of Nayax; and 
(d)    to the full extent permitted by law, all warranties, conditions, representations and liabilities are excluded, including any implied by statute. 

12.    INTELLECTUAL PROPERTY
12.1.    Content and information provided on and through the Website, including, without limitation, any of Nayax’s logos, trade marks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Website, are the copyrighted and/or trade marked work of Nayax and/or Nayax’s affiliates and/or licensors.
12.2.    Use of the Website does not grant any rights and/or any license whatsoever to intellectual property of Nayax and/or that of third parties.
12.3.    Nayax shall retain ownership of all Intellectual Property Rights that subsist in the Goods.
12.4.    Where software is integrated into the Goods, you are entitled to use such software in connection with the use of the product but not beyond this. You must not use the Goods nor its software or hardware for any harmful or unlawful purpose.
12.5.    Other than the rights expressly granted to you under these Terms and Conditions, no other rights or interest whatsoever in any of the Goods are transferred or granted to you.
12.6.    Without limiting the foregoing, you agree not to:
(a)    make any warranties and representation concerning Nayax or the Goods;
(b)    make any use of Nayax’s Intellectual Property Rights, except as explicitly authorised under these Terms and Conditions;
(c)    reverse-engineer, copy, disassemble, decompile, modify, or alter the Goods or software set out in clause 12.4;
(d)    provide any Intellectual Property Rights or copies thereof to any third party;
(e)    take any action, or allow any third party to take any action in contravention of any Intellectual Property Rights belonging to Nayax; 
(f)    use the Goods for any purpose other than the purposes specified under these Terms and Conditions; or
(g)    copy any of the Goods or develop any derivative works thereof.
12.7.    Nayax grants you a non-exclusive and non-transferable licence to use the Intellectual Property Rights which form part of the Goods and Website for your own internal use, and for the purpose for which they are delivered. 
12.8.    Nayax is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Website, its code, and any underlying Intellectual Property Rights and know-how associated with any part of the Website. 
12.9.    Nothing in these Terms and Conditions shall prohibit Nayax in any manner from using, developing, marketing, licensing, or otherwise disposing of the Website, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to you any rights in or to any present or future products of Nayax, whether or not similar to the Website.

13.    DISCLAIMER
13.1.    Certain goods from Nayax’s Website may require you to enter into additional agreements for their full usability. 
13.2.    The purchase of hardware from Nayax’s Website is primarily covered by these Terms and Conditions. These hardware goods come with their own set of warranties and conditions as set out in these Terms and Conditions. 
13.3.    Nayax’s hardware only works with Nayax’s specialised software. 
13.4.    Acquiring Nayax’s specialised software or clearing services will require you to enter into additional agreements. You will need to enter into separate service agreements or clearing agreements subject on the specifics of the services required by you. 
13.5.    If you wish to review the terms of the agreements referred to in clause 13.4 prior to your purchase, please contact Dylan Winik via email at dylan@nayax.com or telephone on 1300 343 484.

14.    INDEMNITY AND LIMITATION OF LIABILITY
14.1.    You indemnify Nayax and agree to keep Nayax indemnified from any and all claims, loss, damages, penalties, suits, demands, liabilities and expenses (including legal costs and expenses) howsoever arising from or in any way connected to you (directly or indirectly) in respect of:
(a)    your breach of these Terms and Conditions; 
(b)    your failure to comply with any laws, rules, standards, regulations, or instructions applicable in relation to the Goods or the use of the Goods; and
(c)    any negligence or breach of duty by you in relation to the Goods or the use of the Goods.
14.2.    You expressly agree that the use of the Goods is at your own risk. 
14.3.    All information and specifications provided by Nayax in relation to the Goods are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations, or slight variations from them which do not substantially affect your use of the Goods will not entitle you to reject the Goods upon delivery, or to make any claim in respect of them.
14.4.    Nayax its agents, sub-agents, officers, directors, related entities, employees, and representatives will not be liable for any direct, indirect, incidental, consequential, claim, loss (including loss of profits, loss of data and loss of business opportunity), damage, injury, death, or any act, omission, or default by you or any other persons, or claims made against you arising out of or in relation to these Terms and Conditions or the supply of the Goods by Nayax, whether or not such loss or damage was foreseeable or foreseen by either party.
14.5.    Nayax is discharged from all liability in respect of the Goods, whether under the law of contract, tort, statute, or otherwise and you will not be entitled to commence any action or claim whatsoever against Nayax its agents, sub-agents, officers, directors, related entities, employees, and representatives of Nayax in respect of the Goods.
14.6.    The Australian Consumer Law may give you certain guarantees. Where liability for breach of any such guarantee can be limited, Nayax’s maximum liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods.
14.7.    The obligations under this clause will survive the termination of these Terms and Conditions and any amendments hereafter.

15.    FORCE MAJEURE AND ADDITIONAL LIMITS OF LIABILITY
15.1.    Nayax shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform any of Nayax’s obligations under these Terms and Conditions, if the delay or failure was due to any cause beyond Nayax’s reasonable control including, without limitation:
(a)    acts of God, fire, explosion, epidemic, pandemic, or flood;
(b)    war or national emergency;
(c)    riot, civil commotion, lock-outs, strikes, or other labour disputes;
(d)    restraint or delays affecting carriers or inability or delay in obtaining supplies of adequate suitable materials;
(e)    import or export regulations or embargoes (including the failure of Nayax’s suppliers to obtain any necessary export permits, licenses or other authorisations); and
(f)    acts, restrictions, regulations, by-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority.
15.2.    All warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

16.    COMPLAINTS 
16.1.    If you have a complaint about the Goods or Nayax’s service, please contact Dylan Winik via email at dylan@nayax.com.au outlining your complaint and requested action.
16.2.    Nayax will endeavour to respond to all complaints in a timely manner.

17.    DISPUTE RESOLUTION
17.1.    In the event of a dispute arising between you and Nayax (“the parties”) in connection with Nayax’s Goods, the parties agree to use their best endeavours to try and resolve the dispute amicably through negotiations, discussion and other communication in good faith. Each party can (upon giving at least seven (7) days written notice to the other) bring to any meeting an independent third party professional with appropriate qualifications to discuss the issue in question and seek to achieve a resolution.
17.2.    If the dispute cannot be resolved by agreement within 30 days of the dispute arising by either party providing written notice to the other or within such longer period as the parties agree, then any party can, by written notice to the other sent any time, set out the details of the dispute and nominate a resolution and serve such notice on the other parties.
17.3.    If the dispute has not been resolved within five (5) Business Days of the written notice referred to in clause 17.2, the parties will appoint, by mutual agreement, a mediator to assist in the resolution of the dispute.
17.4.    The parties agree to co-operate with the mediator in all procedural steps necessary to constitute the mediation and to participate in a bona-fide discussion with the assistance of the mediator in seeking to agree on a resolution of the dispute.
17.5.    If the parties cannot agree on a mediator, the legal representative of Nayax will appoint a mediator and clause 17.4 will continue to apply. 

18.    NOTICES
18.1.    A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on the order (or as varied pursuant to this paragraph) and delivered personally, sent by prepaid mail to the address of the addressee specified in the relevant order, sent by email to the email address of the addressee specified in the relevant order with acknowledgement of delivery.
18.2.    For the purposes of these Terms and Conditions, notices can be sent to Nayax:
(a)    by post to: Suite 1, Level 4, 100 William Street, Woolloomooloo NSW 2011;
(b)    by email to: dylan@nayax.com.au; or
(c)    to any other address that Nayax may notify to you in writing.

19.    PRIVACY AND INFORMATION COLLECTION
19.1.    Use of information you have provided to Nayax or that which Nayax have collected and retained relating to your use of the Website and/or Goods is governed by Nayax’s Privacy Policy, in accordance with all applicable laws and regulations. 
19.2.    By using this Website and the Goods associated with this Website, you are agreeing to Nayax’s Privacy Policy.
19.3.    To view Nayax’s Privacy Policy and read more about why Nayax collects personal information from you and how Nayax uses that information, please click here.

20.    CONFIDENTIALITY
20.1.    All personal information you provide to Nayax will be dealt with in a confidential manner in accordance with Nayax’s Privacy Policy. Nayax will use its best endeavours to keep such personal information securely protected.
20.2.    Nayax agrees not to disclose, disseminate or use your personal information in any way other than stated in Nayax’s Privacy Policy.
20.3.    Due to circumstances outside of Nayax’s control, Nayax cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

21.    ENTIRE AGREEMENT
To the extent permitted by law in relation to the subject matter of these Terms and Conditions, these Terms and Conditions and any order made pursuant to these Terms and Conditions embodies the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties. 

22.    WAIVER
Failure to exercise or enforce or a delay in exercising or partially enforcing or exercising any right, power or remedy provided under the law or these Terms and Conditions by any party will not in any way preclude or operate as a waiver of any exercise or enforcement or further exercise or enforcement of that or any other right, power or remedy provided by law or under these Terms and Conditions.

23.    GOVERNING LAW
23.1.    These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in New South Wales, Australia.
23.2.    You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
23.3.    Nayax retains the right to bring proceedings against you for breach of these Terms and Conditions of use, in your country of residence or any other appropriate country or jurisdiction.

24.    DEFINITIONS
24.1.    ‘Agreement’ means the agreement between you and Nayax to enter into the Terms and Conditions. 
24.2.    ‘Australian Consumer Law’ means schedule 2 to the Competition and Consumer Act 2010 (Cth).
24.3.    ‘Business Day’ means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
24.4.    ‘GST Rate’ means the rate at which GST law from time to time imposes or levies GST on the Taxable Supply or relevant supply.
24.5.    ‘Goods’ means the products offered by Nayax on the Website.
24.6.    ‘Intellectual Property Rights’ means all intellectual property rights including all hardware and software in or associated with any of the Goods or the Website, patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in designs, database rights, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
24.7.    ‘Privacy Policy’ means Nayax’s privacy policy located on the Website.
24.8.    ‘Tax’ means all forms of taxation, duties, imposts, fees, levies, withholding or deduction including income tax, fringe benefits tax, goods and services tax, withholding tax, capital gains tax, stamp duty, or any other similar connection with any tax. 
24.9.    ‘Taxable Supply’ means any supply of Goods or services which is or becomes subject to GST.
24.10.    ‘Terms and Conditions’ means these Terms and Conditions, as amended from time to time.
24.11.    ‘Website’ means this website https://shop.nayax.com.au/aus_en/.
24.12.    ‘you/your’ means you as the purchaser of Goods from Nayax pursuant to these Terms and Conditions.