1. Agreement Overview
This Agreement governs the provision of EFTPOS terminals (“Terminals”) by TaxiEpay Pty Ltd, a service of Live Payments, to authorised taxi operators and drivers (“Users”). The User agrees to use the Terminal solely for accepting lawful taxi fare payments.
2. Commencement and Duration
This Agreement commences upon the earlier of (i) the User’s first use of the Terminal, (ii) activation of a Live Payments account, or (iii) shipment of the Terminal. The Agreement continues on a rolling monthly basis unless terminated by either party with at least thirty (30) days’ written notice.
3. Equipment Ownership and Care
All Terminals remain the sole property of Live Payments. The User assumes responsibility for the care of the equipment. Any loss, damage, or misuse (including tampering) of the Terminal will result in repair or replacement costs charged to the User. Terminals must not be altered or used for non-taxi purposes.
4. Fees and Charges
The User agrees to pay the following applicable fees:
- Monthly rental charges
- Replacement or repair fees for damaged or lost equipment
Monthly rental charges may vary depending on the terminal model (e.g., LiveTap or DX8000) and the User’s operating region. Specific rental rates will be communicated at the time of onboarding or as otherwise updated by Live Payments.
As a guide:
A rental fee of $39 (ex. GST) may apply for each month the User processes less than $500 in card transactions on the standard plan.
For the Live Payments Taxi Black plan, different rental thresholds may apply based on geographic region, including thresholds of $2,000 or $1,500 in lower-volume states or territories.
5. Transaction Review and Withholding
Live Payments reserves the right to:
- Review any transaction for validity, fraud risk, regulatory compliance, or scheme rules.
- Request supporting documentation from the User.
- Withhold payment for any transaction we reasonably suspect to be invalid, fraudulent, non-compliant, or otherwise in breach of this Agreement.
- Withhold or delay settlement of any transaction at our sole discretion.
Live Payments shall not be liable for any losses incurred as a result of withheld payments or delayed settlement due to transaction reviews.
6. Refunds and Chargebacks
Refunds must be processed through the Terminal in accordance with card scheme rules. The User shall be fully liable for any chargebacks and must reimburse Live Payments for the full amount of any returned transactions within seven (7) days of notification.
7. Security and Compliance
The User agrees to:
- Comply with all applicable laws, card scheme rules, and PCI-DSS requirements
- Follow all Live Payments instructions and guidelines regarding terminal usage and security
- Not tamper with, clone, or use the Terminal for unlawful purposes
8. Support and Liability
Live Payments will provide 24/7 technical support for Terminals. To the extent permitted by law, Live Payments excludes liability for indirect or consequential losses, and limits any liability to the total fees paid by the User over the preceding 12 months. Live Payments is not liable for service interruptions caused by force majeure events.
9. Suspension and Termination
Live Payments may immediately suspend or terminate this Agreement if the User:
- Breaches any material term of this Agreement
- Uses the Terminal for unlawful purposes
- Fails to reimburse chargebacks or provide requested documentation
- Poses a risk to the integrity of the payment system
10. Governing Law
This Agreement is governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of NSW.
11. Amendments
Live Payments may amend these Terms and Conditions from time to time will aim to provide you, when possible, at least 30 days’ notice via email or posted notice. Continued use of the Terminal after notice constitutes acceptance of the amended terms.
By using a Live Payments Terminal, you agree to be bound by these Terms and Conditions and the Merchant Terms and Conditions located here.
