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LanternPay User Agreement

TERMS AND CONDITIONS

These Terms and Conditions, any Further Agreement and the Policies constitute a contract between you and Lantern.

Your use of LanternPay constitutes acceptance of that contract.

1       Definitions

In these Terms and Conditions:

Account means the account of a User on LanternPay restricted by a username and password which is used to access LanternPay;

Agreement means the agreement constituted by these Terms and Conditions, the Policies, any Further Agreement and your completion of the online registration form;

Further Agreement means any further agreement between yourself and Lantern in relation to a particular use of LanternPay;

Intellectual Property Rights means all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trademarks; and any application or right to apply for registration of any of those rights;

Lantern means Lantern Claims Pty Ltd trading as LanternPay (ABN 28 606 978 796);

LanternPay means the service offered by Lantern and described as such including use of the LanternPay App and LanternPay Website;

LanternPay Apps means the LanternPay applications for use on a device;

LanternPay Website means the website at www.lanternpay.com;

Lantern Privacy Policy means the privacy policy issued by Lantern made available on the relevant LanternPay App and/or LanternPay Website (as updated or amended from time to time);

Loss means any loss, damage, liability, charge, expense, outgoing or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind;

Policies mean the policies applicable to LanternPay (including the Lantern Privacy Policy) made available on the LanternPay App and/or LanternPay Website (as updated or amended from time to time);

Terms and Conditions means these Terms and Conditions (as updated or amended from time to time);

User means a person who has an Account created by Lantern for the purpose of allowing that person to access and use LanternPay for the purpose of purchasing or receiving payment in respect of goods and/or services; and

You means the User and your is interpreted accordingly.

In these Terms and Conditions, any use of the verb includes, or of words such as for example or such as, do not limit anything else that is included in general speech.

2       Acceptance of Terms and Conditions

By creating an Account, you agree to be bound by these Terms and Conditions and any Policies, including any update or amendment made to these in accordance with this Agreement.

3       Grant of Licence

Lantern grants you a revocable, non-exclusive and non-transferable licence to participate in LanternPay.

4       Your Obligations

4.1     You are responsible for maintaining the confidentiality of the Account identification, password, security questions and answers and any other information specific to your Account. This includes ensuring the ongoing security of such items by regularly updating your security information.

4.2     You must immediately report any unauthorised use of the Account to Lantern.

5.       Intellectual Property Rights

You acknowledge that these Terms and Conditions do not transfer any Intellectual Property Rights to you in LanternPay, the LanternPay Apps, the LanternPay Website or its contents.

6.       Termination

6.1     Lantern may suspend or terminate the licence granted under clause 3 and remove your access to and your participation in LanternPay at any time and for any reason, including but not limited to:

(a)      breach any of these Terms and Conditions (including a misleading, inaccurate or incorrect representation and warranty under clause 8.6); or

    (b)      if there is a suspicion that the Account has been used for unauthorised, unusual or illegal activity; or

    (c)      if the Account has not been accessed for more than 12 months.

    6.2     Users may terminate this Agreement by sending an email to support@lanternpay.com.

    6.3     On termination of these Terms and Conditions your access to Lantern will be removed by Lantern.

    6.4     Despite any other provision of this Agreement, this clause 6 and clauses 5, 7, 8 and 10 will survive termination of this Agreement.

    7       Indemnity

    You agree to indemnify Lantern and hold us, our officers, directors and employees harmless from any loss, claim or legal liability (including legal fees) arising out of your breach of the Agreement or your breach of any law or the rights of a third party relating to your use of LanternPay.

    8       Miscellaneous

    8.1     Lantern does not guarantee continuous, uninterrupted or secure access to LanternPay.

    8.2     This document sets out the entire Agreement between the parties in relation to its subject matter and all prior representations are excluded.

    8.3     You acknowledge and agree that Lantern may use third party service providers, located in Australia and internationally, in connection with the provision of LanternPay or as required for Lantern’s internal business purposes (The Purposes).   Lantern may share information you provide or make available to us with such third parties to the extent required for The Purposes.   

    8.4     Lantern may suspend your access to LanternPay in whole or in part at any time without notice or compensation where deemed necessary in Lantern’s sole discretion.

    8.5     You may not assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of Lantern. Lantern may assign or otherwise transfer any rights or obligations under this Agreement at any time

    8.6     The Agreement and any other documents, information, statements, notifications, notices or other communications (“Relevant Communications”) in relation to your Account and/or your use of the Solution may be provided to you by electronic means. You agree to receive all communications from us by electronic means and that Relevant Communications will be made available on the relevant LanternPay App or LanternPay Website.

    8.7     If these Terms and Conditions are accepted by a User’s guardian, financial manager, care co-ordinator, plan manager, attorney, nominee or other representative (Representative), the Representative represents and warrants to Lantern that:

    (a)      upon accepting these Terms and Conditions and any Further Agreement on behalf of the User, it has full power and authority to accept these Terms and Conditions and any Further Agreement;

    (b)      each time the Representative uses LanternPay, it has full power and authority to use LanternPay on behalf of the User.

    8.8     The Representative agrees to provide such evidence as is required by Lantern of the Representative’s power and authority to accept these Terms and Conditions, any Further Agreement and use LanternPay on behalf of the User on demand by Lantern.

    8.9     The Representative indemnifies, and will keep indemnified, Lantern, it’s officers, directors and employees harmless from any loss, claim or legal liability (including legal fees) against, and must pay Lantern on demand, the amount of any Loss which Lantern pays, suffers, incurs or is liable for arising from or any costs incurred in connection with the representations and warranties given in clause 8.6 above being incorrect, inaccurate and/or misleading when made.

    9       Amendments

    Lantern may amend these Terms and Conditions and/or Policies from time to time by posting a revised version of such Terms and Conditions and/or Policies to the relevant LanternPay App and/or LanternPay Website and sending you an email notification. By continuing to use LanternPay after any amendments to the Terms and Conditions and/or Policies, you agree to abide and be bound by any such changes. If you do not agree with any changes made to the Terms and Conditions and/or Policies, you must terminate the Agreement by closing your Account and ceasing to use LanternPay.

    10      Governing Law

    These Terms and Conditions are governed by the law applicable in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.