Terms & Conditions
PIXEL PAYMENTS PTY LTD | DATED 17 AUGUST 2021
Backpocket is a facility provided by Pixel Payments Pty Ltd (ABN 14 642 518 143) through your use of the Backpocket app that enables you to chat to other users, send and receive payments from other uses, split bills, and track spend amongst a group uses. Our contact details are set out in section 17 (on the last page of this document).
1.2. Your contract with us
In order to become a Registered User of the Backpocket app, you will need to:
(a) download the Backpocket app;
(b) agree to the terms and conditions set out in this document;
To become a Payment User and send and receive money using the Backpocket app via the Backpocket payment facility you will need to:
(c) become a Registered User of the Backpocket app;
(d) provide the information set out in section 3.3 below;
(e) link your Backpocket functionality to Your Account as set out in section 3.3 below to send or receive money; and
(f) receive notification that Backpocket has approved you as a Payment User, after collecting and verifying your identification information.
Once you are a Registered User of the Backpocket app, the terms and conditions set out in this document will form the contract between you and Pixel Payments and will govern your use of the Backpocket app and your use of the Backpocket payment facility.
These terms and conditions govern any upgrades provided by Pixel Payments that replace and or supplement the original Backpocket app.
1.3. Your Account Terms and Conditions, Payment Scheme Rules, and the ePayments Code
(a) Electronic transactions processed using Backpocket are subject to:
(i) the terms and conditions imposed by Your Bank on Your Account;
(ii) the Payment Scheme Rules governing the particular transaction; and
(iii) the ePayments Code.
(b) You must comply with Your Account terms and conditions.
(c) In processing payments, Pixel Payments will comply with the Payment Scheme Rules and the ePayments Code and apply any determine any dispute, erroneous or mistaken payment in accordance with the relevant Payment Scheme Rules and ePayments Code that apply to the disputed, erroneous or mistaken payment. You agree to accept any determination made in accordance with the relevant Payment Scheme Rules and ePayments Code.
(d) Pixel Payments warrant that it will comply with all relevant provisions of the ePayments Code as they apply to a subscriber.
(e) The ePayments Code is published by ASIC¹ and is available at asic.gov.au.
2. What is Backpocket?
(a) The Backpocket app is designed for compatible mobile devices and can be made available to any Australian resident over the age of 14 with an approved account.
(b) An approved account is an account held with an Australian financial institution in the name of the Registered User of the Backpocket app.
(c) The Backpocket payment facility offers a fast, simple and convenient way to pay, receive and request money from people or businesses who are also users of the Backpocket app.
2.4. Features at a glance
Some key features of the Backpocket app are:
(a) Chat with and send messages to other Registered Users of the Backpocket app using your mobile device.
(b) Transact with other Payment Users that have established a linked account– using the Backpocket app, you can send payments to, and receive payments from, other Payment Users registered within Australia using your mobile device.
(c) Split bills – using the Backpocket app, you can split bills or expenses accrued between other Registered Users. The amount each person owes is automatically added to that Registered User’s ‘tab’ with the person who they owe or are owed by.
(d) Add IOU – using the Backpocket app, you can add expenses accrued between another Registered User(s). The amount each person owes is automatically added to that Registered User’s ‘tab’ with the other person(s) who they owe or are owed by.
(e) Tab – when Registered Users ‘split bills’ or ‘add IOU’, the value of each Registered User’s share gets added to their ‘tab’ which calculates a singular net amount that the Registered User owes to each other Registered User(s). This is not an obligation and can be ‘scrubbed’ or deleted. It is up to the Registered User to settle their tab with another Registered User.
(f) Invitations – Registered Users can invite other people to become Registered Users of the Backpocket app so as to enable better ways to send money, chat and split bills with more people.
2.5. What are the risks?
There are some risks you should consider.
(a) You need to take care to nominate the correct payment Recipient. Payments that are incorrectly directed may not be able to be recovered – treat your Backpocket account in the same manner as you would cash – never send money to someone you don’t personally know.
(b) In some cases, you may be liable for unauthorised transactions performed using the Backpocket app and for some resulting losses (see sections 3.4 and 6.7 for more information).
(c) You might not be able to use the Backpocket payment facility when there are disruptions to computer and/or telecommunication systems.
(d) You will not be able to use the Backpocket app if the Backpocket app is downloaded on to a device that is not working, or not connected to the internet.
(e) The Backpocket payment facility relies on the ability to debit amounts from either (i) scheme cards issued by an Australian bank or other financial institution, or (ii) an Australian bank account, and credit amounts to an Australian bank account. See approved accounts at 2.1. The Payer’s financial institution may block or suspend the use of this payment service, or an individual transaction, at their discretion.
(f) Your payment might not occur in real time (‘real time’ payments are payments that are received by the Recipient in less than 1 minute after the Payer initiated the payment through the Backpocket payment facility). This may be a result of limited payment methods of the Payer. Backpocket requires that the Payer has registered a scheme card (discussed in 2.3 (e) and 2.1) linked to their Backpocket payment facility in order to process the payment to the Recipient within 1 minute after the Payer initiated the payment. If the Payer has only linked a bank account to send and receive payments then the Recipient might receive the payment up to 6 business days after Payer initiated the payment. The payment might also fail to be received in real time if the Recipient’s bank is not NPP²-enabled.
(g) If you request a payment for products or services performed, and there is a complaint, you may be required to refund the payment (see section 6.4 for more information).
3 Getting started
IMPORTANT WARNING REGARDING FINGERPRINTS
If you store any fingerprints on your mobile device other than your own fingerprints, and if you activate the fingerprint access setting in your Backpocket app, you will increase the risk of transactions occurring through the use of your Backpocket app in circumstances where you have not agreed to the transaction or where you have not approved it. See section 3.4 for more information about acceptable use of fingerprint identification in the Backpocket app.
3.1. Backpocket chat services
(a) The Backpocket app enables users to send and receive messages (including images and video) from other Registered Users. You can chat with one Registered User or create a group of Registered Users. The Backpocket app enables you to create a chat room to facilitate these communications.
(b) When a Registered User is added to a group, that Registered User will be able to see and access all previously uploaded information and discussions in the group chat.
(c) Pixel Payments establishes a ‘service account’ in every chat room (whether one on one, or group chats) in order to send users in the relevant chat room system generated information (such as new splits, IOUs and payments). We have put in place security controls to restrict Pixel Payments employees and contractors from having access to a chat room via the service account. Pixel Payments will only seek to access information in a chat room with the consent of the relevant Registered Users, or to comply with any lawful order or direction issued by a law enforcement agency, court or government agency.
(e) In the event that a Registered User rejects a request to join a one on one chat room the room will be automatically deleted and no uploaded information relating to the room will be stored or archived.
3.2. Acceptable Use , Complaints and Blocking Users.
(a) You must only use the Backpocket app chat and payment services for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our services in ways that:
(i) misappropriate or infringe the rights of Pixel Payments, our users, or others, including privacy, intellectual property, or other proprietary rights;
(ii) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm;
(iii) involve publishing falsehoods, misrepresentations, or misleading statements;
(iv) impersonate someone; or
(v) involve sending illegal or impermissible communications such as spam, bulk messaging, auto-messaging, auto-dialing, or similar communications.
(b) If you see any inappropriate use of the Backpocket app or you are subject to inappropriate conduct by other users you can make a complaint to us. Our contact details are set out at the end of this document. All complaints will be investigated and we may suspend or terminate any Registered User found to be in breach of these terms and conditions or where we reasonably consider that a Registered User poses an acceptable risk to us or our Registered Users.
(c) We can block a Registered User from messaging you upon request. Our contact details are set out at the end of this document.
3.3. Registering for Backpocket
(a) To be eligible to register to use the Backpocket payment facility, you will need to:
(i) be an individual or a director acting on behalf of a company;
(ii) be registered from within Australia with an Australian residential address;
(iii) be aged 14 or over;
(iv) provide your full name, date of birth, Australian residential address, email address (which must not be an email address already registered to use the Backpocket app or someone else’s email address) and mobile device number (we store your mobiles device’s ID and any other information we may reasonably require to provide the Backpocket app features);
(v) provide requested details about the company you are acting on behalf of (where applicable);
(vi) have, and provide the details for, a valid Australian bank account; and
(vii) select a user name that is unique to you, such as: “JohnnySmith” (User Name³).
(b) If you are a director acting on behalf of a company, you will be required to confirm that you are authorised to act for and on behalf of the company.
(c) You agree that:
(i) other Backpocket users who have your mobile number in their contacts list will be able to see that you are a Registered User; and
(ii) if you are referred to Backpocket by another Registered User, they will be able to see when you become a Registered User on Backpocket.
(d) You must only use the Backpocket app with a compatible device.
(e) You can only link your mobile number to one User Name.
(f) You can only link up to 5 unique scheme cards to one User Name.
(g) You can only link up to 5 unique bank accounts to one User Name.
3.4 Uploaded information
(a) You warrant and you must ensure, that all information you provide or upload to the Backpocket app is truthful and complete, is not misleading, deceptive or materially inaccurate in any way, that the uploading is compliant with all applicable laws, and does not infringe the intellectual property rights of any person.
(b) You are solely responsible for all your uploaded information.
(d) Pixel Payments owns and may use, display, copy, modify, adapt, aggregate, deal with and publish in any way it reasonably determines, all data (including data derived from uploaded information) in the Backpocket app that is de-identified. This right survives termination of this agreement.
3.5 Licence to use Backpocket
(a) Subject to these terms and conditions, and while you are a Registered User, Pixel Payments grants you a personal, non-exclusive, non-transferable, limited, royalty-free, conditional and revocable licence to use the Backpocket app on your compatible mobile device.
(b) You must not:
(i) use the Backpocket app (in whole or part) in any other manner or for any purpose other than the purposes stated in these terms and conditions and the purpose for which it was designed;
(ii) sell, rent, lease, transfer, modify, redistribute or sub-licence the Backpocket app;
(iii) use the Backpocket app for benchmarking or developing a competing product, or if you provide or intend to provide any app, service or functionality which competes with the Backpocket app;
(iv) reproduce information obtained by using the Backpocket app except where such reproduction is for your own personal non-commercial use in accordance with these terms and conditions;
(v) copy, decompile, reverse engineer, disassemble, exploit, decipher or attempt to derive the source code of, modify or create derivative works of the Backpocket app;
(vi) use the Backpocket app in any way that imposes an unreasonable or disproportionately large load on the Backpocket app;
(vii) use the Backpocket app in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate, objectionable or unlawful purpose;
(viii) use the Backpocket app to mislead or deceive or make a false representation about your identity including using or creating a false identity or username, or impersonating a real or fictitious person, or using an alternative identity or pseudonym;
(ix) introduce any virus, worm, Trojan horse, malicious code or other malware or programme which may damage or interfere with the Backpocket app, or damage our, or any other user’s computer, software, or any other electronic equipment;
(x) use the Backpocket app as a means of communication to harass, intimidate, abuse or threaten other users.
(c) Pixel Payments may, without prior notice to you, change, disable, or remove your access to the Backpocket app in the event Pixel Payment reasonably considers you have breached or suspects that you may have breached these terms and conditions.
3.6 Setting up a Backpocket PIN and password
(d) Before you can pay another Payment User using the Backpocket payment facility, you will need to select a password and 4-digit Backpocket access PIN. You will need to select this password and PIN⁴ at the time that you register for use of the Backpocket payment facility.
(e) You can change your PIN or password at any time, using the Backpocket app.
(f) We may reject a requested PIN or password, or any email address, at our discretion (which we shall exercise reasonably).
(g) If you forget your PIN, you can use your password to reset your PIN.
3.7. Using fingerprint access
(h) The Backpocket app may offer a fingerprint access setting, subject to your device type, make and model.
(i) If you have installed the Backpocket app on your mobile device, and fingerprint access is available on that device, you can activate the fingerprint access setting as a substitute for your PIN access. For certain transactions, you may be prompted to enter your PIN as an additional security measure.
(j) You must not activate, or keep activated, the fingerprint access setting if you store any fingerprints on your mobile device other than your own fingerprints.
(k) If you do allow anyone else’s fingerprints to be stored on your mobile device, and if you activate the fingerprint access setting (despite this being against these terms and conditions):
(i) you will be taken to have authorised that person to use your Backpocket payment facility on your behalf;
(ii) we will be entitled to treat any transaction request as coming from you; and
(iii) you agree that you will be responsible for that person's requests and transactions using the Backpocket app.
(l) If you or someone else changes the fingerprint access settings on your mobile device, then, (as a security measure) fingerprint access to the Backpocket app will become disabled and you will be prompted to enter your PIN to log on to the Backpocket app. Only re-enable the fingerprint access setting if you are sure that you were the person who made the changes to the fingerprint access settings on your mobile device.
(m) Fingerprint functionality is technology provided by third parties such as Apple, Google and mobile phone manufacturers. Accordingly we are not responsible for:
(i) any malfunction to the fingerprint functionality; or
(ii) any changes to the fingerprint technology made by these third parties that impacts the way you access the Backpocket app.
You will still be able to access the Backpocket app using your PIN.
(n) If you choose to use the fingerprint access for the Backpocket app, you’ll still need a PIN and must set and protect your PIN in the manner outlined in these terms and conditions.
3.8. How to protect your Backpocket PIN and password
(o) You must act with care in protecting your PIN and password.
(p) You should:
(i) memorise your PIN and password as soon as possible, then destroy or delete any record of them;
(ii) disguise any ‘prompts’ that you use to assist you remember the PIN or password to prevent others from deciphering them; and
(iii) regularly change your PIN and password.
(q) You should not:
(i) write down your PIN or password;
(ii) keep a copy of them on your computer, or your mobile device;
(iii) tell your PIN or password to anyone — not even family or friends;
(iv) use your birth date, or a numeric version of part of your name, or a number or word that someone can easily guess, (as doing so may reduce your protection under the ePayments Code, and may make you liable for a relevant unauthorised transaction);
(v) let anyone see your PIN or password when you're using it; or
(vi) use an existing PIN that you have for Your Card.
3.9. Other things to do to avoid unauthorised transactions
(r) Lock your mobile device and take any reasonable steps to stop unauthorised use of the Backpocket app or disclosure of your PIN and password details.
(s) Only install approved applications on your mobile device and never override the software lockdown (i.e. jailbreak or root your device).
(t) If you believe your mobile device has been lost or stolen, or suspect your Backpocket PIN or
password has become known to someone else, notify us immediately.
(u) Notify us and Your Bank immediately if Your Card is lost or stolen, you suspect Your Card Details have become known to someone else or your transaction history shows any Backpocket transfers you did not make or authorise.
4. Using the Backpocket app
4.1. Making payments
(a) You should take care to nominate the correct Recipient of any payments made using the Backpocket app as you may not be able to recover a payment directed or sent to someone by mistake.
(b) You can use the Backpocket app to make domestic payments to any other Payment User after they have accepted your friend request or you have accepted theirs.
(c) When you instruct a payment to be made to a Payment User, you authorise us to debit Your Card or Your Account for the amount of the requested payment. We then initiate a transfer of the requested payment amount to the Recipient’s nominated bank account.
(d) You cannot delete or cancel a payment request once it has been made using the Backpocket app.
(e) When a payment is made in accordance with your instruction, the Recipient will receive a push notification telling them that a payment has been made under the Backpocket payment facility (so long as they have turned on push notifications). The Recipient's account statement with the Recipient's financial institution will show the payment amount credited to that account.
(f) You may wish to advise the Recipient separately of the payment.
(g) If for any reason, we are unable to transfer funds to the Recipient, we will refund to Your Card or Your Account the payment amount (if any) that was debited.
(h) There may be some minor instances where a financial institution may have a short delay in the processing of payments. This delay is an internal process to that financial institution and is out of our control. Pixel Payments is not responsible for any loss or damages incurred by a Payment User resulting from any payment delay not caused or contributed to by Pixel Payments.
4.2. Requesting payments
(a) Through the Backpocket app, you can request another Payment User to make a payment to you through the ‘add to tab’ and ‘split bills’ functions outlined in 2.2.
(b) Where the Recipient has enabled push notifications, they will receive a push notification with your User Name and receive a notification in their chat with you so they know who has requested the payment.
4.3. Transaction payment limit
(a) The maximum amount you can pay through the Backpocket app in one day is $1,000.
(b) Any other existing limits imposed by Your Bank on Your Account or Your Card will also continue to apply.
4.4. Transaction acceptance limit
(a) Any existing limits imposed by Your Bank on Your Account or Your Card will continue to apply.
4.5. Keeping track of transactions
(a) We will send you a push notification whenever we have made a payment to a Recipient on your instructions, so long as you have turned on push notifications.
(b) You can also check your recent transaction history through the Backpocket app or you can check
amounts drawn from Your Card and Your Account, or received into Your Account at any time.
4.6. How it Works
(a) The Backpocket app enables you to request and receive payments to and from Your Account through Your Card, the Bulk Electronic Clearing System (commonly referred to as ‘direct entry’) and the NPP.
(b) The Backpocket app does not provide Registered Users with an account into which funds can be stored for later use. Every transaction made using Backpocket is settled to the payee’s nominated bank account.
(c) Pixel Payments has engaged licensed payment processors to facilitate the clearing and settlement of all transactions you request or receive using the Backpocket app. All payments are cleared and settled in accordance with the relevant Payment Scheme Rules by our licensed payment processors acting on our behalf.
5. Fees and charges
(a) There are currently no fees charged by us for using the Backpocket payment facility.
(b) You will, however, continue to be liable to Your Bank for any fees and charges that Your Bank is entitled to charge in relation to Your Account. You should consult Your Account terms and conditions if you are uncertain about these fees and charges, and their application.
6. What happens if there’s a problem?
6.1. Your responsibility for transactions using the Backpocket app
(a) Subject to your rights under these terms and conditions, the ePayments Code and the relevant Payment Scheme Rules, you will be responsible for any losses that occur using the Backpocket app, including all transactions made by you or anyone else using the Backpocket app.
(b) In some circumstances, however, you may be able to obtain a refund of the transaction from Your Bank (see section 6.3 below), or from us (see your rights under section 6.7 below).
6.2. Does a transaction look wrong or have you made a mistake?
You should regularly check the record of your transactions made through the Backpocket app, including by checking the transactions shown on Your Card account or your Account statement as provided or made available by Your Bank. If you identify a mistake or an unauthorised transaction, or if you see anything that you’re not sure about, you should contact:
(a) Your Bank as soon as possible; and
(b) if the issue relates to an unauthorised use of the Backpocket app, contact us as well and as soon as possible (using our contact details set out in section 17 below).
6.3. Applying to Your Bank for a refund
(a) If you believe that Your Card has been charged in error, or that you may otherwise have chargeback rights, you may be able to get a refund of the transaction from Your Bank. You should see Your Account terms and conditions for details of your chargeback rights.
(b) In some cases, to claim a refund, you will need to report your concerns straight away or within a certain time period (e.g. 120 days) to take advantage of your chargeback rights provided by the Payment Scheme Rules.
(c) Upon being notified of a chargeback by you, we will work with Your Bank to resolve the issue and may ask you for additional information to resolve your case.
6.4. What happens if the person paying you disputes a transaction?
(a) If you receive a payment from a Payment User, for example for goods or services you provide, the Payer may dispute the transaction (for example if they say the goods or services weren’t delivered, or they did not authorise the transaction).
(b) If the Payer disputes the transaction, we may be required under the Payment Scheme Rules or otherwise choose to return the funds to them when we reasonably consider that the Payer has a valid claim for a refund in the circumstances, in which case you authorise us to debit your Account or Your Card for the refund amount.
(c) If we are not able to debit Your Account or Your Card for the refund amount, you must pay us that amount upon demand.
6.5. If your mobile device has been lost or stolen
If your mobile device is lost or stolen, contact us immediately so that we can take measures to ensure nobody else can use the Backpocket app that is loaded on it (see section 15 for our contact details).
6.6. If you suspect someone else knows your Backpocket PIN or password
(a) You can change your PIN or password at any time using the Backpocket app. You should do so immediately if you suspect that someone may have gained access to your PIN or password.
(b) You can also contact us (see section 17 for our contact details) and ask us to deregister your Backpocket app. We will then de-register your Backpocket app so that your PIN and password can no longer be used.
6.7. Liability for unauthorised transactions through your Backpocket app
(a) Subject to sections (c) and (d) below, as between you and us, all liability for losses in relation to your use of the Backpocket payment facility will be determined in accordance with the terms of the ePayments Code and applicable Payment Scheme Rules.
(b) You are not liable for a loss arising from an unauthorised transaction if the loss has been caused by any of the following:
(i) the fraud or negligence of our employee or agent, a third party involved in networking arrangements, or a merchant using the Backpocket payment facility or their employee or agent;
(ii) a Backpocket app, identifier or pass code (such as a password or PIN) which is forged, faulty, expired or cancelled;
(iii) a transaction requiring the use of a PIN or pass code (or both of them) that occurred before you established one or both on the Backpocket app;
(iv) a single payment transaction being incorrectly debited more than once under your Backpocket payment facility;
(v) an unauthorised transaction occurring after you have notified us that your mobile device was misused, lost or stolen, or that the security of a pass code has been breached; or
(vi) a situation where it is clear that you had not contributed to the loss.
(c) Where section 6.7(b) does not apply, and where we can prove on the balance of probability that you contributed to a loss through fraud, or breach of a security requirement set out in these terms and conditions, you will be liable for the loss, but only to the following extent:
(i) subject to paragraph 6.7(c)(ii) below, you will be liable for the actual losses that occur before the loss, theft or misuse of a mobile device or breach of a security requirement is reported to us;
(ii) however, you will not be liable for the portion of losses:
A. incurred on any one day that exceeds the daily transaction limit;
B. incurred in any month that exceeds the monthly limit;
C. that exceeds the amount of the unauthorised transaction; or
D. incurred on any separate account in respect of which it has not been agreed that you can access that account using the Backpocket app or a pass code to perform a transaction.
(d) Where section 6.7(b) does not apply, and where we can prove on the balance of probability that
you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of your mobile device, or that the security of your pass codes has been breached, then:
(i) subject to paragraph (d)(ii) below, you will be liable for the actual losses that occur between when you became aware of the security compromise (or should reasonably have become aware of the security compromise in the case of the loss or theft of your mobile device) and when the security compromise was reported to us;
(ii) however, you will not be liable for the portion of losses:
A. incurred on any one day that exceeds the daily transaction limit;
B. incurred in any month that exceeds the monthly limit;
C. that exceeds the amount of the unauthorised transaction; or
D. incurred on any separate facility in respect of which it has not been agreed that you can access that facility using the Backpocket app or a pass code to perform a transaction.
(e) Where a pass code was required to perform an unauthorised transaction, and when neither of
sections 6.7(c) or 6.7(d) apply, you will be liable for the least of:
(ii) the amount of the unauthorised transaction; or
(iii) the actual loss at the time that the misuse, loss or theft of your mobile device or breach of pass code security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit.
6.8. When you can’t use the Backpocket app
You can’t use the Backpocket app to:
(a) buy something from a business or person that has not installed the Backpocket app or hasn’t linked the Backpocket app to an eligible Australian bank account; or
(b) make a payment to someone in a foreign currency – the Backpocket payment facility can currently only be used for payments in Australian dollars.
6.9 Availability of and liability for the Backpocket app
The Backpocket app is provided to you on an ‘as is’ basis. To the extent permitted by law:
(a) Pixel Payments makes no further representation or warranty (express or implied) about the performance, merchantability or fitness or suitability for any particular purpose, other than as described in these terms and conditions;
(b) Pixel Payments cannot ensure that the Backpocket app will be available at all times and Pixel Payments is not liable if at any time and for any reason you are unable to download or update the Backpocket app;
(c) not withstanding anything to the contrary in these terms and conditions, Pixel Payments will not be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type;
(d) you agree, to the maximum extent permitted by applicable law, to indemnify and hold Pixel Payments harmless in respect of all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) suffered in connection with any claim from any third party related to your actions, information, or content on the Backpocket app, or any other use of our services by you that is in breach of these terms and conditions or any law; and
(e) Nothing in these terms and conditions is intended to exclude, restrict or modify any applicable consumer guarantees under the Australian Consumer Law. To the extent permitted by law, Pixel Payments’s maximum liability whether in contract, equity, statute or tort (including negligence), to you will be limited in the aggregate to $100 or if required by law, resupply of the services or the cost of having the services supplied again.
6.10. Making a complaint
We try to get things right the first time — but if we do not, we will do what we can to fix it. You can fix most problems or make a complaint simply by emailing us at [email protected] We will:
(a) keep a record of your complaint;
(b) give you a reference number and a staff member’s name and contact details so you can follow up with them if needed;
(c) respond to the complaint within 21 days, or tell you if we need more time to complete our investigation;
(d) give our final response within 30 days; and
(e) if we cannot complete our investigation within 30 days, we will let you know why.
6.11. When Pixel Payments may limit, suspend or cancel access to the Backpocket app or end this agreement
(a) Pixel Payments may, at any time it reasonably considers to prudent to do so, limit, suspend or cancel your access to the Backpocket app or any of its features, or to refuse to process a transaction, without first telling you, including if:
(i) you do not comply with these terms and conditions;
(ii) you give your PIN or password to another person to use (e.g. your partner, spouse, child, friend, parent);
(iii) we believe the Backpocket app has been or may be used illegally or in a way that may cause losses to you or us;
(iv) we consider it necessary to manage our regulatory obligations under the ePayments Code, Payment Scheme Rules or any applicable law;
(v) you upload false or inaccurate information to register for or to use the Backpocket app;
(vi) we become aware, or reasonably suspect, that any information you have provided to us is no longer accurate or complete;
(vii) Your Card or Your Account are no longer operative;
(viii) you include or use inappropriate content in the Backpocket app;
(ix) we believe that you are using the Backpocket app as a means of communication to another person that is considered threatening, harmful or abusive, this includes any harassment, stalking or other means of intimidation;
(x) we consider there to be appropriate security reasons;
(xi) we need to perform maintenance works;
(xii) We form the view that its brand, operations, the Backpocket App or business (including its customers, partners or affiliates) may be adversely affected or harmed as a result of your continued registration or use of the Backpocket app.
(b) Should any of these things occur, you acknowledge that your personal settings and other saved data may be lost, and that we are not responsible for any such loss.
(a) Certain functionality on the Backpocket app may require you to allow notifications from us via a notification or messaging service or other reminder mechanism.
(b) Notifications will be sent to your registered mobile device, where it has push notifications enabled. This may include where you have paired your mobile device with a smart watch. Notifications could be seen by others (including unauthorised persons) who use or access your mobile device or who are able to see your smart watch.
(c) Please check the push notifications settings on your mobile device to ensure they are switched on. You may not be able to use certain services if they are switched off. You can turn on Backpocket notifications via your mobile device’s settings function.
(d) Notifications may include:
(i) details of payments made;
(ii) requests for payment;
(iii) receipt of payments;
(iv) new messages received;
(v) security and service alerts;
(vi) updates to terms and conditions; and
(vii) alerts when new versions, features or upgrades are available.
8. Protecting your privacy
You authorise Pixel Payments to collect and use your personal information in accordance with this clause.
8.1. What information Pixel Payments collects
Pixel Payments collects personal information about you (such as your name, date of birth,and contact details), and information about your Backpocket interactions, such as transactions using the Backpocket payment facility. Pixel Payments may also collect publicly available information about you.
8.2. Why Pixel Payments collects your information and what Pixel Payments uses it for
Pixel Payments collects your information to provide and manage the Backpocket payment facility and to comply with our legal obligations, including in respect of Australia’s anti-money laundering and counter-terrorism financing laws and sanctions regimes. Pixel Payments also collects this information to administer our customer relationships, customer identification and verification and internal processes including risk management and pricing, to meet our obligations in relation to external payment system providers and participants, and arrangements with government agencies, and to identify and tell you about products and services that may interest you.
If you do not want to receive direct marketing emails from Pixel Payments, you can opt out of receiving those emails by clicking on the link in the disclaimer of the email. If you would like to change your contact preferences, please contact Pixel Payments by emailing [email protected]
You must give Pixel Payments accurate and complete information. Otherwise, you may be breaking the law and we may not be able to provide you with the products and services you require. If you change your personal details (for example, name or email address), you must tell Pixel Payments straight away.
8.3. Who we may exchange your information with
(a) Pixel Payments may exchange your information with its related bodies corporate who may use your information for any of the purposes Pixel Payments can.
(b) Pixel Payments may also exchange your information with any regulator or law enforcement agency who may request personal or transaction information or require that it be lodged for any reason.
(c) Pixel Payments may also exchange your information with others, for example, your representatives, its service providers, other financial institutions (for example, in relation to a chargeback claim), potential investors or funders of the business, enforcement and government authorities, relevant public registers and payment system operators (for example, Mastercard or Visa).
(a) other ways Pixel Payments may collect, use or exchange your information;
(b) how you may access and seek to correct the information; and
(c) Pixel Payments’ complaint handling procedures, including how you can make a complaint about a breach of your privacy rights.
8.6. How to contact us
For privacy-related enquiries, please contact Pixel Payments by emailing [email protected].
9. Changes to these terms and conditions
9.1. Changes we can make
(a) We may change these terms and conditions at any time, where the changes will only relate to future transactions or the future use and operation of the Backpocket app. We will give you at least 30 days' notice if the change introduces or increases fees, imposes, removes or changes a daily or other periodic limit or increases your liability. Otherwise, notice may be given on the day of change.
(b) We will notify you of any material changes by electronic notice to you via your device or the App Store if you are using IOS, Google Play Store if you are using an Android device. We may require you to confirm your acceptance of changes before we allow you to continue using the Backpocket app.
(c) Your continued use of the Backpocket app after any such change will be taken to be an acceptance of that change.
9.2. Not happy with the change?
If we make a change that you are not happy with, you should cease using and uninstall the Backpocket app immediately.
10. Intellectual Property
(a) Except as expressly granted in clause 3.3(a), Pixel Payments and/or its licensors retain all right, title and interest in and to the Backpocket app (and all components of and modifications and enhancements to it, including all patent, copyright, trademark and trade secret rights (registered and unregistered) and wherever in the world they exist) as well as all de-identified Uploaded Information. You do not have any right, title or interest in or to any proprietary rights relating to the Backpocket app.
(b) You may not use or display any trade marks on or in connection with the Backpocket app without first obtaining the consent of the owner of the trade mark. We own the distinctive Backpocket brand and logo. You cannot use or display a trade mark that you do not own (regardless of whether the trademark is registered).
11. Acknowledgement and compliance
(a) The Backpocket app is not provided by Apple, Google or any other third-party provider.
(b) Accordingly, any queries or complaints regarding the Backpocket app (including but not limited to issues regarding intellectual property) should be directed to us and not to Apple or Google.
(c) Paragraphs (a) and (b) above apply for the benefit of Apple, Google and any third party whose information appears in the Backpocket app.
(d) You also acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and you warrant that you are not in a location that is subject to any government sanctions.
(e) You acknowledge that we will only make the Backpocket payment facility available to you where it is lawful for us to do so (for example where we have satisfied our obligations under anti- money laundering laws to properly identify you and to verify your identity).
12. Assignment and novation
(a) We may assign, transfer, novate or otherwise deal with our rights and obligations under these terms and conditions, and any document or agreement entered into or provided under or in connection with these terms and conditions. For example, we may novate our contract with you to a third party that we select.
(b) If this occurs, we will notify you of the date of the assignment, transfer or novation as soon as reasonably practicable on or after the date of the assignment, transfer or novation, but in any event within 30 days. Your use of the Backpocket app at any time after your receipt of that notification will act as confirmation of your continuing agreement to such assignment, transfer or novation.
(c) Any assignee, transferee or novatee of our rights and obligations must be a party that we have determined (acting reasonably) at the time of the assignment, transfer or novation to be a party that has:
(i) any necessary licences or approvals required to provide payment products such as Backpocket; and
(ii) the capability to perform our obligations under these terms and conditions.
(d) Whether or not the assignee, transferee or novatee is a subscriber to the ePayments Code it must nevertheless comply with the ePayments Code in all dealings with Backpocket customers as if it was a subscriber.
(e) From the date of any novation, these terms and conditions will apply between you and the novatee as if it is the person referred to in these terms and conditions as "us", "we" and "our". This does not otherwise change your obligations under these terms and conditions, or use of the Backpocket app in any way.
13. Termination or suspension of your use of the Backpocket app
(a) Pixel Payments may terminate or suspend your use of the Backpocket app and/or the Backpocket payment facility:
(i) if you are in breach, or we reasonably suspect that you are in breach, of these terms and conditions;
(ii) if we are required to do so in order to comply with any applicable laws (such as anti- money laundering and counter terrorism financing laws, or sanctions laws);
(iii) if we reasonably suspect you of engaging in any fraud or other illegal activity;
(iv) if you use the Backpocket payment facility to make any payments in relation to any activities that are not legal in Australia;
(v) if Your Card is cancelled, blocked or suspended;
(vi) if Your Account is cancelled, blocked or suspended; or
(vii) if directed to do so by Your Bank or a payment scheme operator (for example, in circumstances of suspected fraud).
(b) Pixel Payments may end this agreement for any other reason by giving you at least 30 days’ notice.
(c) You may end this agreement at any time by uninstalling the Backpocket app
14. Governing law and jurisdiction
This agreement is governed by the laws of Queensland, Australia.
15. Meaning of words in this document
In these Terms and Conditions, the following definitions apply
(a) "ASIC" means the Australian Securities and Investments Commission.
(b) "Backpocket app" means the “Backpocket” app service described in section 2.
(c) “Backpocket payment facility” means the facility offered by Pixel Payments through the Backpocket app by which you can make payments to recipients or receive payments from Payers.
(d) “compatible devices” or “devices" means smartphone devices that meet the requirements listed on Google Play/App Store.
(e) “communication” means the sending or receiving of information in writing or through other mediums including the use of stickers and /or GIPHY’s.
(f) “linked account” means an account held with an Australian financial institution that a Registered User has registered to use on the Backpocket app in order to become a Payment User.
(g) “NPP” means the New Payment Platform payment system operated by NPP Australia Ltd.
(h) “Payment Scheme Rules” means the rules governing the operation of a payment system including the Visa scheme rules, MasterCard scheme rules, NPP scheme rules, and the Bulk Electronic Clearing System rules);
(i) “Payment User” means a Registered User who has a linked account and has registered to use the Backpocket payment facility in accordance with section 3.3;
(j) “Pixel Payments" means Pixel Payments Pty Ltd ABN 93 624 272 475 its successors and assigns
(k) "pass code" includes each of a PIN and password.
(l) "Payer" means the person initiating a payment by using the Backpocket app (whether you when you’re making a payment, or another person when they’re making a payment to you).
(m) "Recipient " means the Payment User that is nominated by the Payer as the intended ultimate recipient of a payment made through the use of the Backpocket payment facility.
(n) "Registered User" means a person who has registered to use the Backpocket App and has agreed to these terms and conditions.
(o) “scheme card” means a Visa debit card or MasterCard debit card.
(p) "security requirement" mean a security requirement or measure to which you are subject in
respect of the use of the Backpocket app and pass codes, as set out in these terms and conditions.
(q) “uploaded information” means ‘any information’ that has been uploaded into the Backpocket app by a Registered User.
(r) “User Name” has the meaning given to that term in section 3.3.
(s) "we", "us" or "our" means Pixel Payments.
(t) "you" or "your" means:
(i) the individual downloading the Backpocket app
(ii) if the individual downloading the Backpocket app is a director acting on behalf of a company, that company, and where applicable that individual as well.
(u) “Your Account” means the account you nominate when you register for the Backpocket app or add as an account to be used through the Backpocket app you hold with Your Bank that you link to the Backpocket app.
(v) “Your Bank” means the Australian financial institution with which you hold Your Account.
(w) “Your Card” means a Mastercard enabled debit card, or a Visa enabled debit card you nominate when you register for the Backpocket app or add as a card to be used through the Backpocket app.
(x) “Your Card Details" means the card number and expiry date or security/verification code of Your Card.
16. Contact us
Ask a question
Email Pixel Payments at [email protected]
Email Pixel Payments at [email protected]
Lost or stolen phone or you suspect unauthorised use of the Backpocket app
Email Pixel Payments at [email protected]m.au and contact Your Bank
Make a complaint
Email Pixel Payments at [email protected]
Contact Australian Financial Complaints Authority
GPO Box 3 Melbourne Vic 3001
Phone: 1800 931 678 or visit www.afca.org.au
1. Australian Securities and Investments Commission
2. The New Payment Platform (NPP) is a real time payment system operated by NPP Australia Limited.
3. Note: Your User Name is not the same as a PayID (as used on defined by the NPP). BackPocket and NPP both enable users to link email and mobile phone numbers to facilitate payments. Your User Name when used in these terms and conditions is only applicable to your use of the BackPocket App.
4. Personal Identification Number (PIN)