1. Definitions:

1. 3D Secure: means that process We supply to the Payee to allow You to verify the card payment;
2. Agreement: means this document and the associated terms and conditions;
3. Card Scheme: means Visa or MasterCard or any other Card Scheme with whose Card Scheme rules we are obliged to comply with;
4. Card Scheme Rules means the rules and regulations which regulate participants in the Card Schemes;
5. Chargebacks: means those card payments disputed by a cardholder to their card issuer and notified to You by Us;
6. Merchant of Record:  means Kovena who acts as the merchant to accept card payments via a merchant facility supplied by the Payment Services Provider;
7. Payee: means those individuals or businesses that provide goods and services to a Payer and have an agreement with Us to use Our Services to assist in the collection of their fees and charges on their behalf;
8. Payer: means those individuals or businesses that have an agreement with Us to use Our Services to pay a Payee for their goods or services;
9. Payment Services Provider: means those organisations, including banks, that supply the underlying payment services purchased by Us and used to supply Our payments Services to You;
10. Service: means the card payments acceptance and settlement services supplied by Us used by You to pay for goods and services supplied by the Payee;
11. Service Fee: means any fees charged to You by the Payee.  The Service Fee is not the fees and charges charged to You by the Payee for the goods and services;
12. You/Your: means the individual or company identified in this Agreement.  It is also the Payer; and
13. Us/We/Our: means Kovena which operates in the following countries:
    1. Kovena Pty Ltd (ABN 641 432 313) – Australia
    2. Kovena Ltd (NZBN 9429049947137) – New Zealand
    3. Kovena LLC (Company Number 8243606) – USA
    4. Kovena Vietnam Ltd (Company Number 0317484085) – Vietnam

2.  Contractual relationship

This Agreement sets out the terms and conditions on which We accept your payments. By accepting this Agreement You agree to accept the terms and conditions associated with the Services supplied by Us as the Merchant of Record.

You acknowledge this Service is provided by Kovena and it is optional. The Service is not intended to restrict You from making payments to Payees via other methods.

You acknowledge that this Service facilitates Your ability to pay Us. You acknowledge that Kovena has a separate agreement with the Payee that allows Us to pay the Payee for the goods and services supplied to You.

3.  Variations and amendments to the terms and conditions

We may vary these terms and conditions inclusive of the Service Fees with 14 days notice on the Kovena website www.kovena.com.  You shall be deemed to have accepted any variations or amendments unless you inform us in writing at support@kovena.com of your refusal to accept the variation or amendment within 14 days of its publication.  If you refuse to accept the variation or amendment We will terminate this Agreement and may at our sole discretion enter into a new Agreement with You. 

4.  Liability

Except as expressly provided to the contrary in this Agreement, all terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise, relating in any way to the Services or to this Agreement are excluded. Without limiting the generality of the preceding sentence, We shall not be under any liability to You in respect of any loss or damage (including consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the failure or omission of Us to comply with its obligations under this Agreement.

Where any Act of Parliament implies in this Agreement any term, condition or warranty that the Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this Agreement. However, the liability of Us for any breach of such term, condition or warranty shall be limited, at Our option, to:

1. The supplying of the Services again;
2. The payment of the cost of having the Services supplied again; or
3. The refunding to you of any payment received in relation to any defective Services.

You warrant that You have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Us which has not been stated expressly in this Agreement or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Us. 

5.  The Service

We make available to You the ability to make payments for goods and services (supplied to You by a Payee) as a Merchant of Record. 

The payments types We support are as follows:

1. Credit card (Visa and MasterCard)
2. Debit Card (Visa and MasterCard)

The transaction types We support are as follows:

1. Purchase
2. Pre-authorisation/capture
3. Refund
4. Void
5. Tokenisation / Registration
6. 3D Secure

We (at our sole discretion), accept Your payments as the Merchant of Record, via whichever of Our business entities, in whichever country, that is best suited to authorise and settle Your payments with our Payments Service Provider.

All payments accepted by Us will be displayed on Your Card Statement in the name of the Payee although the payment is accepted via Us as a Merchant of Record.

The features and functionality may change and You will be advised of any changes relevant to Your Service.

6.  Agreement of the Payee’s Terms and Conditions

By accepting the Terms and Conditions of Us, You are also agreeing to accept the terms and conditions of the Payee supplying you the goods and services.

7.  Supply of Goods and Service

We are not the owner or supplier of the goods and services being supplied by the Payee.  We are the Merchant of Record for acceptance of the payment from You. We then supply the value of payment to the Payee according to our contractual agreement with them. 

We are NOT responsible for the non-supply or faulty-supply of any goods or services by any Payee.

8.  Dishonoured or declined payments

From time to time your payments will be declined or dishonoured by your card issuer.  These payments will be notified to You by Us and or Your Payee.  We will not charge you any dishonour or declined fees.  You may need to initiate a catch up payment with your Payee once you have resolved the reason for the dishonor or decline with your card issuer.  Catch up payments can be initiated by contacting Your Payee directly.

9. Your rights as a Payer

Voided, stopped, deferred, reversed and refunded payments

Payments can not be stopped or voided once accepted and credited to Us. They can be voided if the payment has yet to be credited to Us. If a refund is required then the Payee must be contacted directly to arrange the funds to be returned.

Enquiries

If You have any payment specific enquiries You can either:

• Go to the Help section of the Our web site www.kovena.com or
• Email Us on support@kovena.com

All communications should include:

• Your name and contact details
• The goods or services purchased
• Any invoice or booking number
• Any payment receipt or authorisation number
• The name of the Payee who supplied You the goods and service

If you have any enquiries related to the goods or services provided by the Payee then you should contact the Payee directly.

Confidentiality and privacy

All personal customer information held by Us will be kept confidential except that information provided to your Payee or our Payments Service Provider to initiate the payment or where the provision of that information is necessary to resolve any issues that may arise from the operation of the Service or where you specify otherwise. 

Full details of our privacy policy can be found at  www.kovena.com/privacy .

10.  Your commitment to Us

It is your responsibility to ensure that:

• Your nominated card can accept these payments (your card issuer can confirm this)

• There are funds in your nominated account when a payment is accepted.
  

11.  Fee schedule

You may be charged a Service Fee by the Payee. This Service Fee will be clearly displayed to You in addition to the cost of the goods and services before You accept to pay.

We are not responsible for any additional fees charged by Your card issuer by using Our Services.