Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the sawfish.com.au website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Sawfish Holdings Pty Ltd (“Sawfish Holdings Pty Ltd”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Sawfish Holdings Pty Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Backups

We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Sawfish Holdings Pty Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Sawfish Holdings Pty Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Sawfish Holdings Pty Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Sawfish Holdings Pty Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. This terms and conditions policy was created with the help of https://www.websitepolicies.com/terms-and-conditions-generator

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.sawfish.com.au/contact

Platform Service Agreement

1.1 Registration and Permitted Activities: In order to use the services outlined in this agreement, only Australian-based businesses (including sole proprietorships), legitimate charitable organisations, and other entities or individuals may apply for a Sawfish Account.

You or the individual(s) submitting the application (your "representative") must give us your business or trade name, ABN, physical address, phone number, email address, business identification number, URL, and any other information we need about you in order to register for a Sawfish account. We might also gather personal data about your principals, account administrator, and beneficial owners, such as name, date of birth, and government-issued identification number. Your Sawfish account will only be temporarily available to you until all necessary information has been submitted, reviewed, and approved. We have the right to terminate your account for any reason at any time. If you use payment services, your name (or the name used to identify you) and URL may appear on your clients' bank statements or other statements. To avoid confusion and potential disagreements, these descriptors must be easily identifiable to your customers and appropriately define your business or activity. You may only use payment services to complete transactions (as defined below) with your customers. You may not use Payment Services to send money to others, conduct personal or noncommercial transactions, or for any other purpose that is forbidden by this agreement.

1.2 Business Representative:You and your Representative each confirm to Sawfish that your Representative is entitled to give the information as stated in this Section 1.2 on your behalf and bind you to this Agreement. We may ask you or your Representative to provide further information or paperwork to prove your Representative's power. Without Sawfish’s express written authorisation, you or your Representative may not register or attempt to register for a Sawfish Account on behalf of a Sawfish user who has previously been terminated from use of the Services.

If you are an individual trader, you and your Representative agree that your Representative is solely accountable and liable for your use of the Services and your duties to Customers, including the payment of any sums payable under this Agreement.

1.3. Validation and Underwriting: We may request additional information from you at any time during the term of this Agreement and your use of the Services in order to verify beneficial ownership or control of the business, validate information you provided, verify you or your Representative's identity, and assess the risk associated with your business. This additional information could include business invoices, copies of government-issued IDs, business licences, or any other information about your company, its beneficial owners, or principals. If you utilise Payment Services, we may also request that you produce copies of financial accounts or records related to your compliance with this Agreement, as well as a personal or corporate guarantee. Failure to supply this information may lead to the suspension or termination of your Sawfish account. You authorise us to obtain information about you from our service providers, which include credit and information bureaux. You understand that this may contain your name, address, credit history, and other information about you or your representative. You accept that we may use your information to verify any other information you supply to us and that any information we gather may have an impact on our overall risk rating of your business. You acknowledge that, in some situations, such information may result in the suspension or termination of your Sawfish account. Sawfish may occasionally update this information as part of our underwriting and risk analysis operations.

1.4 Keeping your Account Current: You agree to maintain your Sawfish Account's details up to date. You must immediately update your account with any changes that affect you, the nature of your business activities, your representatives, beneficial owners, principals, or any other relevant information. If you fail to keep this information updated, we may suspend your Sawfish account or terminate this agreement.

2.1: Customer Management: The services may only be used by you in connection with legal transactions with your clients. You are in charge of your relationship with your customers, and you are the one who knows them better than we do. If you accept donations, Sawfish is not liable for the goods or services you advertise, sell, or that your customers buy through the Services. Neither is sawfish accountable for how you notify your customers about the intended use of donations. You declare that you alone are in charge of the kind and calibre of the goods and services you offer, as well as of their delivery, assistance, returns, refunds, and other ancillary services. Although Sawfish offers you services, we are unable to verify whether any specific order, donation, sale, purchase, or other transaction (collectively, "transaction") is legitimate, accurate, or representative of your company. It is your responsibility to determine whether a transaction that your customer started is suspicious (like large or unusual purchases or requests for delivery to countries where this is not customary) or erroneous (like a customer ordering one item when they intended to order another). You undertake to investigate a transaction and, if required, get in touch with your customer before fulfilling or finishing it if you have any doubts about whether it is incorrect or suspicious. Any losses resulting from fraudulent or incorrect transactions made in connection with your use of the services are entirely your responsibility.

3.1 Transaction Fees: Your Sawfish dashboard will show all of fees associated with your account. Fees may be deducted by from the balances of your sawfish account. As specified in your Sawfish dashboard, fees can be charged per transaction or cumulatively over time. Any recurring or application costs that may be charged for using Platform Services ("Platform Fees") must be made clear to your customers before they are imposed. You bear the exclusive responsibility for informing your customers of any platform or payment fees.

3.2 Taxes: you agree to pay all taxes, fees, and other charges that may be levied by any government agency (collectively, "Taxes"). These may include, but are not limited to, value-added taxes, goods-and-services taxes, provincial sales taxes, and/or harmonised sales taxes on the services that are rendered in accordance with this agreement. If you are exempt from paying taxes, you will give us a suitable certificate or other convincing proof of your exemption. Unless otherwise specified, our fees are exclusive of any relevant taxes. The following tasks are entirely your responsibility and liability: (i) figuring out whether any taxes apply to the sales of your goods and services, accepting donations, or receiving money in connection with using the services; and (ii) figuring out how much tax applies to your business, collecting it, reporting it, and sending it to the relevant tax and revenue authorities. We may deduct any due taxes from amounts otherwise owing and pay them to the relevant taxing authority if we are forced to withhold any taxes or if we are unable to verify any tax-related identity information you give us. You must give us an original certificate attesting to your tax-free status that complies with all applicable legislative criteria if you are exempt from paying such taxes. You are required to furnish us with information about your tax affairs upon our reasonable request. Documents pertaining to transactions completed through the services may be sent to you and tax authorities. In particular, we might have to submit an informational return to tax authorities on a regular basis regarding your use of the services in accordance with applicable law. We might also send you tax-related information online, but we're not required to.

4.11 Adherence to Relevant Laws: You must use the Services in a way that is legal and adhere to all laws, rules, and regulations (collectively, "Laws") that are relevant to the Services and Transactions. This may involve adhering to national and international laws pertaining to the usage or provision of financial services, consumer protection and notice, unfair competition, privacy, and deceptive advertising, as well as any other laws that may be pertinent to transactions.

4.12 Restricted Businesses and Activities: You are not permitted to use the Services for any purposes that Sawfish has designated as restricted businesses or activities (collectively, "restricted businesses"), whether for your own advantage or the benefit of another party. Use of the services for or for the benefit of a nation, group, entity, or individual embargoed or blocked by any government, including those on sanctions lists established by Australia or the United States, is considered a restricted business. It is recommended that you carefully go over the list of restricted businesses prior to creating an account on Sawfish. Please get in touch with us if you have any queries regarding how these limits relate to you or if you are unsure if a particular type of business or activity is limited. The restricted business list is subject to revision and addition at any time.

4.13 Security Controls: To lower your risk of fraud, we may offer or recommend security processes and controls (hence, "Security Controls"). You consent to going over the Security Controls and the Documentation we send you and to choose the Security Controls based on what your business needs are. You undertake to independently implement additional controls that satisfy your requirements if you think the security controls we offer are insufficient.

5.0 Suspicion of Unauthorised or Illegal Use: Any transaction that we feel might violate this agreement or any other agreements you may have with sawfish, or that puts you, sawfish, or others at risk that sawfish deems unacceptable, may be refused, subject to conditions, or suspended. In accordance with our legal duties, we may disclose any information pertaining to such activity to the relevant financial institution, regulatory body, or law enforcement agency if we have reason to believe or know that you are using, or have used, the Services for unauthorised, fraudulent, or unlawful purposes. Information about you, your Sawfish account, your customers, and transactions done while using the services may all be included in this data.

6.1 Consent to Electronic Disclosures and Notices: By creating a Sawfish account, you accept that creating an account is equivalent to signing electronically and that Sawfish may send you all disclosures and notices (collectively, "Notices"), including those that are mandated by law, electronically. You also accept the legal equivalent of a physical signature being applied to your electronic consent.

6.2 Methods of Delivery: You consent to Sawfish sending you notices about the services via our website, the Dashboard (as described below), or by mail to the email address or physical address you have on file with Sawfish. Notifications about your Sawfish Account, modifications to the Services, or other information we are obligated to give you may all be included in notices. Additionally, you consent to the legal equivalent of receiving a physical copy of a Notice from us in addition to its electronic delivery. Within twenty-four hours of a Notice being emailed to you or placed on our website, we will consider that you have received it.

6.3 SMS and Text Messages: You authorise us to send you notices via text message so we can confirm that you or your representative is in charge of your Sawfish account (for example, by using two-step verification) and to give you other important details. For such notices, standard text or data fees may be incurred. By replying to any such communication with "STOP" or by following the instructions in the message, you can, where available, disable text message notifications in the Dashboard. Nevertheless, by turning off text messaging, you might also be turning off crucial security measures and restrictions (referred to as "security controls") on your Sawfish account that are meant to lower the risk of fraud against you and your customers and raise the possibility of loss for your company.

6.4 Requirements for Delivery: You should be aware that in order to access your Dashboard and view the Notices that have been sent to you, you will require a computer or mobile device, Internet connectivity, and an up-to-date browser. Please get in touch with us so that we can identify an alternate delivery method if you are experiencing trouble reading or accessing any Notices.

6.5 Withdrawing Consent: Given the nature of the Services, you cannot use them unless you consent to receive Notices electronically. However, by cancelling your Sawfish Account, you can opt out of receiving Notices electronically.

7.10 Term and Termination: This Agreement is in effect from the moment you use or use the Services until either Sawfish or you end it. By going to the account information tab in your account settings, choosing "close my account," and stopping to use the service, you can end this agreement at any time. You agree to this Agreement if you use the Services once more or create a new Sawfish account. By giving you notice, we may end this agreement at any time or close your Sawfish account for any reason. We have the right to cancel this agreement or suspend your Sawfish account and your access to its money.

you use the Services in a prohibited way or otherwise violate any of the terms of this Agreement;
we determine in our sole discretion that you are ineligible for the Services due to significant fraud or credit risk, or any other risks associated with your Sawfish Account; or
any law or financial services provider requires us to do so.

7.11 Effects of Termination: This Agreement's termination does not release you from all of your obligations. In the event that this agreement is terminated, you agree to:

finish all outstanding transactions;
cease taking new orders via the service, and
promptly take down any and all Sawfish or payment network logos from your website (unless allowed by a separate agreement with the payment network). You confirm that you still agree to the terms of this agreement by using the services again or by continuing to do so after all outstanding transactions have been completed. Further, you acknowledge and agree that, in the event of termination,

Sawfish will not be liable to you for any damages, compensation, or other losses resulting from your use of the Services, including termination, suspension, or deletion of your information or account data;
we reserve the right, but are not required to, to delete all of your information and account data stored on our servers within 10 days of termination.

you will still be responsible to us for any fees, fines, or other financial obligations incurred by you or as a result of your use of the Services prior to termination.

8.0 Payment Services Overview You may receive payment from your customers for transactions by using payment services. If any Charges (as defined below) are submitted for any Restricted Businesses or in violation of this Agreement, we have the right to limit or refuse to process them. In relation to your use of Payment Services, the following words are used in this section:

"Charge" refers to an instruction to credit or debit a customer's account with a bank or other financial institution in order to take money in conjunction with a transaction.

"Refund" refers to a request that you make in order to reimburse a customer for an existing charge.

"Dispute" refers to a request for a refund of funds for an existing charge that a customer initiates with us or a financial services provider (including a chargeback on a payment card network or a dispute on a debit network).

"Reversal" refers to a request that we or a financial services provider make in order to get money back for a charge that has already been made. Reversals may occur from the following: (i) a Financial Services Provider invalidating a charge; (ii) funds being settled to you without authorisation or in error; and (iii) submitting a charge against Network Rules or in situations where this Agreement is violated by the submission of the charge or your use of the payment services.

"Return" refers to a request for money to be returned that is made in response to an existing charge and is started by you, a customer, or a financial services provider.

"Transfer" refers to a financial services provider's order to credit or debit money from a designated account.

The term "fine" refers to any penalties, levies, or other costs that we or a financial services provider may impose as a result of your breaking any laws, this agreement, or network rules.

"Network Rules" refers to the policies, procedures, rules, and laws enforced by the financial services providers running the payment networks that Sawfish supports (such as the operating rules for the American Express, Visa, and MasterCard payment card networks).

9.0 Processing Transactions and Disputes: On charges allowed by your customers may be financial services providers services. You designate Sawfish as your agent for the purposes of supplying the services to you, and you allow and instruct financial services providers to collect and pay any money owing to you through the payment services in order for us to execute transactions on your behalf. Until the monies are deposited into your payout account (as defined below), you may not give or transfer to any third party any lien on or interest in money that may be owing to you under this Agreement, with the exception of what is required under the Financial Services Terms or Payment Terms (each as defined below). You retain the direct relationship with your customers unless Sawfish and a customer have agreed otherwise. You are in charge of: (i) obtaining the necessary consent to submit charges through the payment services on their behalf; (ii) giving customers confirmation or receipts for each charge; (iii) confirming the identities of customers; and (iv) figuring out whether a customer is eligible and authorised to complete transactions. Even approved transactions, though, might give rise to a dispute. Authorised and completed charges that are later the subject of a dispute, refund, or reversal, are submitted incorrectly or without authorisation, or break any laws are not Sawfish's fault or subject to liability. Regardless of the cause or the date, you are immediately liable to us for any disputes, refunds, reversals, returns, or fines. You may be able to contest a dispute by providing proof using the Ddashboardor API in many, but not all, circumstances. In order to help you fight the dispute, we could ask for more information to be sent to financial services providers; nevertheless, we cannot ensure that your challenge will be accepted. Financial services providers have the right to reject your challenge for any valid reason. A financial services provider may credit money related to the charge that is the subject of the dispute (or a portion of it) to your Sawfish account if a challenge is successful in whole or in part. Please remember that if lost or stolen payment credentials or accounts are used to buy goods or services from you, you are responsible for any damages you suffer. Under no circumstances does Sawfish offer insurance against damages resulting from fraud, and it never will. For instance, even if you are unable to retrieve the item that was obtained illegally, you would still be liable for any expenses incurred, such as disputes, if someone poses as a genuine customer but is actually a fraudster. Sawfish is not accountable to you or liable for any financial losses you may suffer from this scam, even if we collaborate with you and law enforcement to help you retrieve misplaced funds. For any charge made in conjunction with a restricted business without the account owner's consent, in violation of the network rules, or for numerous other reasons, a financial services provider or we may issue a reversal. In the event that we or a financial service provider issues a reversal, we will give you notice along with an explanation of the reason behind it.

10.1 Responsibilities and Disclosures to Your Customers: We appreciate your customers' understanding of the intent, scope, and terms of the charges you submit to us highly. That being said, by using the Payment Services, you consent to: (i) accurately communicating, and not misleading, the nature of the Transaction and the amount of the Charge in the relevant currency before submitting it to the API; (ii) giving Customers an accurate receipt that details Each Transaction; (iii) giving Customers a useful way to get in touch with you in the event that the product or service is not delivered as promised; (iv) not use the Services to offer goods or services in a way that is unfair or misleading, puts customers at unreasonable risk, or omits important terms from a purchase; and (v) let customers know that Sawfish and its international affiliates handle transactions (including payment transactions) on your behalf. Additionally, you commit to upholding a reasonable policy for returns, refunds, cancellations, or adjustments and to clearly outlining the steps customers must take in order to receive a refund.Certain payment services allow you to get payments from your customers on a recurring or subscription basis. You agree to abide by applicable laws if you use the Payment Services to submit these recurring or subscription charges. This includes notifying customers in advance of submitting the initial charge that they will be charged on an ongoing basis and outlining the process for cancelling or unsubscribing from recurring billing or subscriptions. You expressly undertake not to engage in unfair or deceptive acts or practices and to give customers the information needed by law whenever you conduct transactions with individuals or consumers.

10.2 Providers of Payment Methods and Financial Services Additional agreements that apply between you and one or more of Sawfish, a Sawfish affiliate, or a Financial Services Provider ("Financial Services Terms") govern how you use the Payment Services. Furthermore, particular payment networks or methods may also be subject to special terms and restrictions ("Payment Terms"). You accept the Financial Services Terms and any applicable Payment Terms listed on our legal page by using the Payment Services (including those that bind you individually with Financial Services Providers or payment method providers). Furthermore, with regard to the payment method(s) that the payment method provider offers, that payment method provider may enforce the terms of this agreement directly against you. Payment options and financial services providers are subject to change at any time. Periodically, changes may also be made to the payment terms and financial service terms. You grant permission for these additions, deletions, and modifications if you keep using the payment services. You give financial services providers permission to retain, accept, and distribute money on your behalf. You also give them instructions about when and how to send money to you. Additionally, you give us permission to choose which financial services providers will be allowed to retain settlement money in trust and on deposit while the funds are being transferred to you in compliance with this agreement's conditions. A financial services provider will keep a clearing account where funds are cleared, and transfers to you from this account represent the financial services provider's complete and final payment to you.

11.0 Particular Modes of Payment: You must abide by all network rules that apply to merchants when accepting credit or debit card payments, including those stipulated by American Express, MasterCard, Visa, and other credit card companies. As per the Network Rules, credit cards can only be accepted for legitimate, legal business transactions involving you and your customers, providing goods or services that are free from liens, claims, and encumbrances (apart from standard sales taxes). In addition to restricting your ability to charge extra for accepting payment cards or discriminating based on the type of card, the Network Rules also prohibit you from using payment network trademarks or service marks in a way that is inconsistent with them. If you charge a fee for accepting a particular payment card, it must not exceed the lesser of (i) your expenses for using the card; (ii) the sum that Sawfish notifies you of; or (iii) the sum that is otherwise mandated by applicable law. You must notify Customers in advance of the Transaction if you plan to charge them an extra fee or provide them a discount for utilising a specific payment card. At the end of the transaction, you will give customers a receipt (at no additional cost) that contains all the details mandated by the applicable laws, Card Network Rules, and Payment Terms. If you receive notification that you need to generate a receipt, you have to make sure the information on the receipt (a) matches the information on any other copy and (b) includes the information that was informed to you in a legible manner. If Sawfish requests it, you have seven (7) days to give it to them together with the transaction receipt and any other documentation that is needed to prove the transaction. You have at least fifteen (15) working days' notice in writing to Sawfish if you would like to modify your phone number, email address, or Internet address that appears on the transaction receipt.It is required that you submit all card transactions for processing within three (3) days of the authorisation date. For a minimum of five (5) years following the date of the transaction, you will keep accurate records of every card transaction.In order to comply with the Network Rules, Sawfish retains the right to modify the credit Services for credit card processing at any time. The payment card networks may modify the Network Rules at any time and without prior notification to you. We might give Financial Services Providers access to the data you give us so we can determine the type of items or services you're offering. This could involve allocating a specific payment network merchant category code (MCC) to your company's operations.Payment card network disputes, also known as chargebacks, are generally brought up by customers in situations where a merchant fails to deliver the requested good or service or where the payment card account holder did not allow the transaction. You might not be able to use the payment services if there are high chargeback rates (usually those that are more than 1%). Your company may eventually be unable to accept credit cards if you are unable to promptly and efficiently handle customer disputes. Network Rules expressly forbid you from doing the following when you accept payment card transactions: (i) giving cash refunds for charges made on credit cards, unless mandated by law; (ii) taking cash, cash equivalent, or any other valuable item in exchange for a refund; (iii) serving as an aggregator or payment middleman, or in any other way reselling payment services on behalf of third parties; (iv) submitting what you know or suspect to be a fraudulent charge; or (v) utilising Payment Services in a way that abuses Financial Services Providers' networks or is against Network Rules. We may submit information about you, Representatives, Principals, beneficial owners, and other individuals associated with your Sawfish Account to the MATCH terminated merchant listing maintained by MasterCard and accessed and updated by Visa and American Express, or to the Consortium Merchant Negative File maintained by Discover, if you misuse the Payment Services for payment card transactions or engage in brand-damaging activity as identified by the payment card networks, or if we are required to do so by Network Rules. If you are included to one of these lists, you might not be able to take credit card payments. You acknowledge and agree that we may share this information and the listing with third parties, that you will fully pay us for any damages we suffer as a result of third-party claims, and that you renounce all rights to pursue direct claims against us as a result of such reporting. American Express may convert you to a direct American Express merchant if the number of your American Express transactions surpasses the relevant threshold amount established by American Express. In order to accept American Express payment cards as a direct American Express merchant, you and American Express will sign a formal "American Express Card Acceptance Agreement," which will regulate your terms. You and American Express also need to directly agree on your pricing and any additional fees associated with processing American Express transactions. With the exception of adding the new pricing and costs to the relevant Sawfish fees, Sawfish will continue to process your American Express transactions in compliance with this agreement.

12.1 Transfers Regarding Your Payout Account: You have the ability to start transfers to and from your Sawfish Account to the Financial Services Provider account that you select in the Dashboard (the "Payout Account"). A transfer to your payout account will occur from a positive balance in your Sawfish account, while a transfer away from your payout account will occur from a negative amount. Fees, penalties, and sums owed to us in any way will not be included in any transfers to your payout account. By confirming, you attest to your authorisation to start transfers to and from the payout account. The duration of time it takes us to start a transfer payout account is referred to as the "payout schedule.". You may find your payout schedule on the dashboard. Before making the first transfer to the payout account, Sawfish could need some time to process the payment. Please be advised that financial services providers, including the institution holding the payout account, may delay transfers for any reason. Following the initial transfer, we will credit funds to the Payout account in accordance with the payout schedule. If the institution holding the payout account takes any action that results in the payout account not being credited or in any other way not providing you with the amounts you anticipated, we will not be held liable. We retain the right to halt transfers to you or modify the payout schedule. Examples of circumstances in which we might take such action include: (i) disputes, refunds, or reversals that are outstanding, excessive, or anticipated; (ii) when we suspect or learn of suspicious behaviour; or (iii) when we are mandated by law or a court order. If, upon termination of this Agreement, we reasonably assess that we may suffer losses due to credit, fraud, or other legal concerns linked with your Sawfish Account, we may withhold transfers to your Payout Account. If we use our right to withhold a payout for any reason, we will notify you and provide a date as well as the broad justification for the withholding.

12.2 Transfers for Recipients: We might provide you with the option to transmit transfers to other people using our payment services ("Recipient Account"). By sending transfers to recipient accounts on Sawfish's behalf, you designate Sawfish (or a Financial Services Provider chosen by Sawfish) as your agent. You acknowledge and agree that: (i) we will only pay recipient accounts with funds that are available for transfer; (ii) we reserve the right to require proof of identity or the owner's legal ability to receive a transfer, among other conditions; (iii) you are solely responsible for ensuring that any instructions you give us for a transfer to a recipient account are accurate and complete; and (iv) Unless otherwise agreed upon by us, you bear full responsibility for fulfilling any legal or contractual duties you have to an owner of a recipient account, including but not limited to paying taxes that you or a third party owe. You therefore certify that: (i) you will not transfer funds to or on behalf of restricted businesses; and (ii) any authorisations and information you give us on each recipient account is true and full. In the event that you misuse the payment services or fail to utilise them correctly to effectuate transfers to recipient accounts, you undertake to stop suing us and to pay us back in full.
12.3 Additional Terms: Depending on which financial services provider holds the payout account or recipient account, different information may be needed for a transfer. Please ensure that any details you give us on the payout accounts or recipient accounts are precise and correct. You agree that you are solely responsible for any losses you or third parties incur, that you will not make any claims against us related to such erroneous transfers, and that you will fully reimburse us for any losses we incur if you provide us with incorrect information. If you provide us with incorrect information, you understand that transfers may be sent to the wrong account, and we may not be able to recover the funds from such incorrect transfers.

13.0 Funds and Reserves Clearing All money arising from charges is kept in clearing accounts that are pooled (referred to as "clearing accounts"). You have no rights to the clearing accounts or any funds held in them; you are not allowed to draw money from them, and you will not be paid interest on any money kept in the clearing accounts. We will make transfers to and from the clearing accounts in the ways specified in this agreement. We may occasionally ask you to hold onto money or put restrictions on when it can be released (each a "reserve"). If we think there is a greater than usual risk of loss to Sawfish, customers, or other parties connected to your Sawfish account, we may place a reserve on you for any reason. We might, for instance, hold a reserve in the following situations: (i) your actions or those of your customers place us or your customers at risk of loss; (ii) you have broken this agreement or are likely to break it; or (iii) the number of disputes associated with your Sawfish account is elevated or unusually high. In the event that we place a reserve, we shall specify its terms and give you notice of the amount, terms, and circumstances surrounding the release of the reserve's funds to you. The reserve amount is frequently the total of all charges that are processed through the payment services. If required by financial services providers or for any other reason, we may amend or modify the conditions of the Rreserve based on our ongoing evaluation and comprehension of the risks connected to your Sawfish account. We may debit the Payout Account or a different bank account linked to your Sawfish Account, request money directly, or use cash received through your usage of Payment Services to fund the Reserve. We would rather determine whether a reserve is needed before creating one, if at all possible. Please get in touch with us before utilising the services if you are worried that we will place a reserve on you because of the nature of your company's operations.

14.1. Security Interests: In all money processed and placed into all payout accounts or any other bank account connected to your Sawfish account, as well as in any money processed through the Payment Services, you give us a lien and security interest. This means that, in the event that you fail to make payments due to us, your customers, or any of our affiliates, we will have the right, above and beyond the rights of any other creditors, to take possession of or withhold money owed to you for transactions processed by us through the Services, as well as to debit or withdraw money from any bank account linked to your Sawfish Account. You will execute, deliver, and pay any associated expenses that we deem necessary in order to establish, perfect, and uphold a security interest in such funds upon our request.

14.2 Collection and Set-Off Rights: You consent to paying, upon demand, all sums owed to us and our affiliates. Whenever feasible, we shall start by making an effort to recover or set off any outstanding amounts from your use of the payment services or from money that we have on reserve in your Sawfish accounts. However, by deducting or setting off the appropriate amounts from the money owed to you as a result of your use of the payment services or by making a direct debit from any payout account associated with your Sawfish account or a commonly owned Sawfish account, we may collect any obligations you owe us under this Agreement from any of these payout accounts. In addition to the amount you owe, you will be responsible for any fees we incur during collection if you fail to pay sums owed to us or our affiliates under this Agreement. Attorney fees and costs, arbitration or court costs, collection agency fees, any relevant interest, and any other associated costs are examples of collection costs. We may, under some conditions, need a personal, parent, or other guarantee (hence, a "guarantee") from the principal, owner, or other guarantor of a user. A legally enforceable commitment made by a person or organisation to reimburse the user for any monies owed in the event that the user is unable to pay is known as a guarantee. If we ask you to give us a guarantee, we will make sure you know exactly how much and why we need the guarantee. You won't be allowed to use the services if you can't offer such a guarantee when asked to.

15.0. Error Notification, Reconciliation & Dormant Accounts The charges, charge history, and other activity on your Sawfish account are all detailed in the dashboard. You are exclusively in charge of recognising any transaction mistakes and comparing the data in the dashboard created by your usage of payment services with your records of customer transactions, unless otherwise mandated by law. You pledge to check your Sawfish account and let us know right away if there are any mistakes. Any reported errors—including those caused by Sawfish or our financial services providers—will be looked into, and we'll try to fix them by crediting or debiting the Payout Account shown in the Dashboard. If we were not involved in the transaction issue, or if the funds are no longer accessible in any payout account or recipient account, your chances of getting the money you lost as a result of it are extremely slim or nonexistent. In compliance with Network Rules, we will collaborate with you and our Financial Services Providers to rectify any transaction errors; however, you forfeit any claim you may have against us or our Financial Services Providers for any money related to the transaction error if you do not report a transaction error to us for review within 60 days of your discovery and flagging it in the Dashboard.

16.1 Overview of Data Usage: One of our key goals is protecting, safeguarding, and maintaining the information handled and processed through the services; you should have the same level of importance. This section explains our responsibilities to each other regarding the management and storage of information related to the services. The words mentioned in this section refer to information that you or your customers have given Sawfish or that you have obtained or received as a result of using the services "Personal Data" is defined as any information that is sent to or accessible through the services that uniquely identifies a live person (as opposed to a business, organisation, or machine). "User Data" refers to information about your company and how it operates, your goods and services, and customer orders. "Payment Data" refers to account information for payments, information sent to or received from financial service providers, financial data that is particularly subject to legal and network regulations, and any additional data used in conjunction with payment services to execute a transaction. "Sawfish Data" refers to information created by or originating from Sawfish or the Services, aggregated or anonymized information generated from data, information utilised in fraud detection and analysis, and specifics of the API transactions over Sawfish infrastructure. When the phrase "data" is used without a qualifier, it refers to all Sawfish, payment, user, and personal data. In order to: (a) deliver services to you, other Sawfish users, and customers; (b) reduce fraud, financial loss, or other harm to users, customers, and Sawfish; and (c) evaluate, develop, and enhance our systems, tools, and products. Sawfish processes, analyses, and manages data. In order for us to offer services to you and other users, Sawfish provides data to third-party service providers, such as financial services providers and their affiliates, in addition to Sawfish's worldwide affiliates. We don't give your personal information to unrelated companies so they can sell you their goods. You are aware of this and agree that Sawfish may use your data for the reasons and in a way that is permitted by this section.

16.2 Confidentiality: Except as allowed by this Agreement, any agreements between you and us, or as otherwise instructed by you, Sawfish will only utilise user data. All of the data you obtain through the services will be protected, and you won't be allowed to share or reveal it. You can only use the data in connection with the services and as allowed by this agreement and any other agreements you have with us. Without the express approval of a particular customer, neither party may use any personal data to market to customers. Payment data may not be disclosed to third parties unless necessary to handle customer requests for transactions and in accordance with applicable laws and network rules.

16.3 Privacy: We place a high value on the protection of personal information. We collect, use, retain, disclose, and protect the personal data you supply to us, as detailed in our privacy policy. You acknowledge that we occasionally change our privacy policy and that you have read its terms. By using the services, you attest that you have complied with and will continue to comply with all applicable laws protecting your privacy and how you use the data you give us. Additionally, you guarantee that Sawfish has all the rights and permissions required by applicable laws to collect, use, retain, and disclose any personal data that you give us or give us permission to collect, including any data that we may collect directly from customers via cookies or other comparable methods. You are solely responsible for informing customers that Sawfish handles transactions (including payment transactions) on your behalf and may collect personal data from you as may be necessary under applicable law and in conjunction with this Agreement. Additionally, at the customer's request, we may disconnect or erase their personal data from your Sawfish account as required by law or network rules. In accordance with our responsibilities under relevant law, we shall tell you immediately if we become aware of the unlawful acquisition, disclosure, or loss of customer personal data on our systems. In order to assist you in minimising any bad effects on the customer, we will also notify you of the unauthorised acquisition, disclosure, or loss and give you enough information about it.

16.4 PCI Compliance: You must abide by the Payment Card Industry Data Security Standards (PCI-DSS) and, if applicable, the Payment Application Data Security Standards (PA-DSS) (collectively, the "PCI Standards") if you utilise Payment Services to accept payment card transactions. Although Sawfish offers tools to make compliance with the PCI Standards easier, it is still your responsibility to make sure your company complies. Depending on how you implement the Payment Services, there will be unique procedures you need to follow to comply with the PCI Standards. See our documentation for further details on how to use Sawfish in a PCI Standards-compliant manner. Upon our request, you shall promptly send us documentation proving that you have complied with the PCI Standards. In addition, you agree that you will either use a compliant service provider or maintain a PCI-compliant system to store or transmit any "Account Data" that you choose to store, hold, and maintain (such as customer card account numbers or expiration dates). Furthermore, you agree that you will never store any "Sensitive Authentication Data," as defined by the PCI Standards (such as CVC or CVV2), at any time. The PCI Council website has information regarding the PCI Standards.

16.4 Transmission of Data: We might give your personal information—as that term is defined in the Privacy Act 1988 (Cth)—to our affiliated companies or other third parties that are based in nations with less protective or stricter regulations than Australia regarding the gathering, using, and disclosing of personal information. By signing this agreement, you accept that the Privacy Act 1988 (Cth)'s Australia Privacy Principle 8.1 will not apply to the disclosure of your personal information abroad.

17.1 Security: Sawfish is in charge of safeguarding the security of the data that we own. In addition to adhering to applicable laws and network rules when handling user and personal data, we will maintain commercially reasonable administrative, technical, and physical procedures to safeguard user data and personal data stored on our servers against unauthorised access, accidental loss, modification, or breach. We cannot, however, ensure that unauthorised parties won't be able to evade our security procedures or misuse any data we have in our control because no security system is impenetrable. You give Sawfish user data and personal data with the understanding that any security measures we offer might not be suitable or sufficient for your company, and you commit to putting the security controls and any further controls that satisfy your particular needs into practice. When it comes to protecting the integrity and security of the services or data, or when it comes to preventing harm to you, us, customers, or others, we have the right to take any action, including suspending your Sawfish account. You give up any claim you might have against us for any losses you suffer as a result of our activities.

17.2 Your Security: Any data that is on your website, on your servers, in your possession, or that you have other permission to access or handle is entirely your responsibility. When processing or maintaining User Data and Personal Data, you will abide by the applicable laws and network rules. If we ask for proof, you will give it to us. We may suspend transactions on your account or discontinue this agreement if you fail to satisfy us with proof of such compliance.

17.3 Security and Fraud Controls: We might offer you or your customer security controls, but we cannot ensure that you or your custom cannot fall victim to fraud. The procedures or programmes that we offer or recommend may be created by Sawfish, its affiliates, or other businesses. In order to guard against unauthorised transactions, you undertake to examine all of the security measures we recommend, select the ones that are best for your company, and, if necessary, independently implement additional security protocols and controls that we have not supplied. You will raise the risk of unauthorised transactions, disputes, fraud, losses, and other similar incidents if you disable or improperly use security controls. You are fully liable for any damages that result from fraudsters using your accounts or lost or stolen payment credentials to conduct fraudulent transactions. Additionally, if you don't put security controls in place, the likelihood of fraud will only rise. We might help you get your money back, but you are fully liable for any losses resulting from misplaced or stolen login information, compromised usernames or passwords, modifications to your Payout Account, or any other unauthorised use or tampering with your Sawfish Account. In the event that lost or stolen credentials or accounts are used to engage in fraudulent transactions, Sawfish will not be held accountable to you, and you forfeit any claim you may have against us unless Sawfish's conduct was deliberate or malicious. Furthermore, you agree to pay us back in full for any losses we sustain as a result of using accounts or passwords that have been lost or stolen. Additionally, we can give you subjective information about the chance or potential that a transaction is fraudulent, information that you would need to consider or act upon. When determining future potential fraud, we might take your actions or inactivity into account when assigning a subjective score. You acknowledge that while we are providing you with this data for your consideration, you are ultimately in charge of the decisions you make on how you use it and whether or not you give us false or inaccurate information. Any decision you make based on such data, whether to act or not, is entirely your own.

18.0. Transfer of Payment Data upon Termination: You may request in writing, within 30 days of your Sawfish Account being terminated, that we transfer Payment Data (the "Exportable Data") to another payment services provider in accordance with relevant laws pertaining to transactions between you and customers that you are entitled to receive. Sawfish will only send exportable data for credit card transactions to another PCI-DSS Level 1-certified payment services provider. Before we transfer any exportable data for other payment methods, Sawfish may need you to show us proof that the alternative payment service provider you choose has the necessary systems and security controls. After we receive your written request, we shall take commercially reasonable steps to transmit exportable data within 10 business days. In the event that we conclude that the payment services provider you have designated lacks adequate systems or security controls to safeguard exportable data, that the integrity of exportable data may be jeopardised, or that laws or network rules forbid us from transferring it, we reserve the right to delay or reject any transfer request.

19.1. The Right to Amend: We reserve the right, at any time, to add to or modify the terms of this agreement. We may also modify, remove, stop providing the services, or place restrictions on their usage by posting the modified terms on this website and any other website we manage or own. Notification of any changes may be sent to you via email, the Dashboard, or other channels. Once we post any such updates on our website, you agree to the updated agreement's terms by using the services, APIs, or data.

19.2 Assignment Without our prior written agreement, you are not permitted to transfer this Agreement, any rights or licences it grants, or the use of your Sawfish Account to another party. Please get in touch with us if you would want to create such an assignment. In the event that we approve the assignment, the assignee undertakes to uphold all of your rights and liabilities pertaining to the assignment and to abide by its provisions. This Agreement may be assigned by Sawfish without your permission or further limitations. We will give you adequate notice if we decide to assign something.

19.3. Right to Audit: We may compel you to allow a third-party auditor that we have approved to undertake a security audit of your systems and facilities if we suspect that there has been a security breach, leak, loss, or compromise of Data on your systems, website, or app that affects your compliance with this Agreement. A report from the auditor will be sent to our financial service providers as well as us.

19.4 No Agency; Third-Party Services: This Agreement does not create any agency connection or partnership between you and any Financial Services Provider or between you and us. Every Financial Services Provider and participant to this Agreement is an independent contractor. Neither you nor we shall represent that you or we have the authority to bind a Financial Services Provider to any contract or obligation, unless the Financial Services Provider specifically consents. Third-party services, goods, and promotions that make use of, incorporate, or offer supplemental services to the Services ("Third-Party Services") may be mentioned or made accessible by us. These third-party services are merely offered for your convenience; they don't signify that we support, approve, or advise any particular third-party service. You access and utilise any Third-Party Service at your own risk and after making your own determination. You acknowledge that this Agreement does not apply to you when you use any Third-Party Service. You are in charge of reading, comprehending, and agreeing to the terms and conditions attached to each Third-Party Service you choose to use. We specifically disavow any duty and responsibility for the use of any Third-Party Service by you. Please keep in mind that our privacy policy is no longer applicable when you utilise a Third-Party Service. The terms of use and privacy policies of any Third-Party Service, including those to which our website has links, apply to your use of that Third-Party Service.

19.5 Event of Force Majeure: Any delays in processing or other nonperformance resulting from telecommunications, utility, equipment, or labour unrest, riots, war, or terrorist attacks; nonperformance by our suppliers or vendors; fires or other natural disasters; or any other event over which the respective party has no reasonable control will not be covered by this agreement, nor will any payment card network. This provision does not, however, diminish or excuse your obligations under this Agreement with regard to Fees, Fines, Disputes, Reversals, or Returns.

19.6. Your Liability For Third-Party Claims Against Us: In the event that a third party brings a claim against a Sawfish Entity, you agree to defend Sawfish, our affiliates, and their respective workers, agents, and service providers (collectively, "Sawfish Entities") against the claim, suit, demand, loss, liability, damage, action, or proceeding (each, a "Claim") and to reimburse the Sawfish Entities in full for any Claims that arise from: (i) your violation of any terms and conditions of this Agreement; (ii) any fees, fines, disputes, reversals, returns, or other liability we incur as a result of your use of Payment Services; (iii) careless or wilful misconduct of your workers, contractors, or agents; or (iv) contractual or other relationships between you and customers. Important Information for Sole Proprietors: If you are using the services as a sole proprietor, please be aware that you and your business are regarded as one and the same legal entity under the terms of this agreement and the law. Your use of the services, payment of fees, reversals, fines, losses resulting from disputes or fraud, any additional sums you owe under this agreement for your failure to use security controls, and all other responsibilities to us and your customers are all your own responsibility and liability. If you don't make any of the required payments, you could suffer financial loss. Please read our documentation carefully and take the necessary precautions to guard against these kinds of losses.

19.7 Representations and Warranties: Acceptance of the terms of this agreement means that you represent and warrant that: (a) you are authorised to use the services and to register for them; (b) all information you give us about your business, goods, or services is true and complete; (c) any charges represent a transaction for approved goods, services, or donations, and all related information accurately describes the transaction; (d) you will fulfil all of your obligations to customers and settle any disputes that may arise; and (e) you will abide by all laws that may be relevant to your business and use of the services. (f) You will not use the service, directly or indirectly, for any fraudulent or illegal undertaking or to interfere in any way with the service's regular operation. (g) You will not use payment services for household purposes, peer-to-peer money transmission, or intercompany transactions unless in the normal course of business.

19.8 No Warranties: Without any express, implied, or statute warranty of title, merchantability, fitness for a particular purpose, noninfringement, or any other kind of warranty or guarantee, WE PROVIDE THE SERVICES AND Sawfish IP "AS IS" AND "AS AVAILABLE.". No information, documentation, or data provided by Sawfish or obtained by you via the Services—whether from Sawfish or another Sawfish entity, orally or in writing—creates or implies any warranty on the part of a Sawfish entity. It is your affirmation that the products and services you sell or offer, or that your customers buy using the payment services, are not controlled by any sawfish entity. You agree that we are able to provide no warranty and disclaim any knowledge that your customers have the authority to or will do any transaction. or (f) that there are no viruses or other harmful code in the services. You use the services at your own risk and are solely responsible for any damage to your property, loss of data, or other loss resulting from such access or download. You acknowledge that there are no guarantees provided by the Sawfish entities about transaction processing times or payout schedules. The application of any implied condition, warranty, or guarantee, the exercise of any right or remedy, or the imposition of any liability under the law where doing so would: (A) violate that law; or (B) render any term of this agreement void, are all expressly excluded, restricted, or modified by this agreement. If, in accordance with the Australian Consumer Law, you purchase goods or services from Sawfish as a consumer, you are entitled to a number of rights and remedies, including the right to a consumer guarantee, which cannot be waived, reduced, or altered by agreement. If Sawfish is able to restrict its liability under the Australian Consumer Law, it will only be liable for the following: (a) services, replacing the goods, providing equivalent goods, or paying for having the goods repaired; (b) goods, replacing the goods, supplying equivalent goods, or paying for the cost of replacing the goods, supplying equivalent goods, or having the goods repaired.

19.9 Limitation of Liability: To the extent allowed by applicable law, you will not hold any Sawfish Entity or payment card network liable for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use of the Services, your inability to use the Services, the unavailability of the Services, lost profits, personal injury, property damage, or any other damages arising out of, in connection with, or related to this Agreement or your use of the Services, whether or not such damages are foreseeable.For any reason, including but not limited to hacking, tampering, or other unauthorised access or use of the services, your Sawfish account, or data, or your failure to use or implement anti-fraud measures, the security controls, or any other data security measure, the Sawfish entities disclaim all liability and responsibility for any losses, damages, or harm that may result to you. Therefore, the Sawfish Entities disclaim all liability and damages to you or anyone else resulting from: (a) your use of the Services in a manner inconsistent with the Documentation; (b) any unauthorised access to servers, infrastructure, or data used in connection with the Services; (c) interruptions or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in any Data that you provide to us; (f) third-party content that you provide; or (g) the offensive, defamatory, or unlawful behaviour of others. You further agree that under no circumstances will any such liability exceed in total the amount of fees paid by you to Sawfish during the three months immediately preceding the event that gave rise to your claim for damages. You agree to limit any additional liability not disclaimed or denied by the Sawfish Entities under this Agreement to your direct and documented damages. Regardless of the legal theory—contract, tort (including negligence), strict liability, or any other theory or basis—these restrictions on our obligation to you shall apply.

20.0. Responding to Legal Process: Any writ of attachment, lien, levy, subpoena, demand, or other legal order (collectively, "Legal Process") that we deem to be legitimate may be responded to by Sawfish, and we shall comply with it. Even if you are receiving funds or data on behalf of other parties, we or any financial services provider may deliver or store any monies or, pursuant to the rules of our privacy policy, any data as needed under such Legal legal process. We shall do our best efforts to notify you of any legal process, if allowed by law, and will send a copy of the notice to the email address we have on file for you. Sawfish disclaims all liability for any damages, direct or indirect, that you might sustain as a result of our response to you or your adherence to a legal process.

20.1 Binding Arbitration: In the event that a disagreement arises regarding any aspect of this agreement, including its formation, interpretation, breach, or termination, as well as the arbitrability of the claims made, arbitration will be used to settle the matter and will follow Resolution Institute Arbitration Rules. Any party may ask the Resolution Institute Chair to recommend someone as an arbitrator if the parties cannot agree on an arbitrator. Melbourne, Australia, will be the arbitration's location. English will be the language of the arbitral proceedings. Any court with jurisdiction over the matter may issue judgement based on the arbitrator's award. Without reference to conflicts of law or choice of law principles, this agreement and the parties' rights under it shall be interpreted and controlled by the laws of Victoria, Australia. Nothing in this paragraph will prevent the parties from requesting interim remedies from a court with the proper authority in order to support arbitration.

20.2 Serving of Process: By this agreement, each party irrevocably and fully consents to serving of process by personal delivery at their principal address (for sole proprietors or individuals), corporate headquarters, or registered address. This agreement does not impact any party's ability to serve the process in any other way that is allowed by law.

20.3 Class Waiver: To the maximum extent allowed by law, each party acknowledges and agrees that any disagreement arising out of or relating to this Agreement shall only be handled individually, not as part of a class, consolidated, or representative action, whether it be in court or through arbitration. Each party hereby expressly and irrevocably waives any right to a jury trial in any action, proceeding, or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties, in the event that a claim or dispute proceeds in court rather than through arbitration.

20.4. Making an Award: The arbitrators may make an award of monetary damages and any other remedies permitted by law, subject to the liability restrictions specified in this Agreement. The arbitrator will not have the power to change any of the terms or provisions of this agreement in the course of rendering a decision. Each party will receive a written decision from the arbitrator that is supported by reasoning (the "award"), and they will each take immediate action to implement the award. Any court having jurisdiction over any party or its assets may affirm or enforce any award, including interim or final remedies. The arbitrator's ruling is final, enforceable against the parties, and not open to appeal or reexamination.

20.5 Fees: Each party shall pay half of the arbitrator's fees and costs, the arbitration facility's costs, and the court reporter's attendance fees during the arbitration hearing. Any costs and attorneys' fees reasonably incurred by the winning party in relation to the aspects of its claims or defences on which it prevails will be awarded to that party, if any, in any arbitration arising out of or relating to this Agreement. Any opposing awards of costs and attorneys' fees will be offset.

20.6 Confidentiality: Unless it becomes necessary to prepare for or conduct the arbitration hearing on the merits, or unless it becomes necessary in connection with a court application for a preliminary remedy, confirmation of an award, or its enforcement, or unless otherwise required by applicable laws, the parties shall maintain the confidentiality of the arbitration proceeding, the hearing, and the award. Except as required by law or unless such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration, the parties, witnesses, and arbitrator shall treat all documentary or other evidence produced in any arbitration hereunder as confidential and shall not disclose it to any third party (other than witnesses or experts).

20.7 Conflict of Rules: If there is a disagreement between this Section E.11.g's provisions and the arbitration rules listed in Section E.11.a, this Section E.11.g's provisions will take precedence. All other provisions of this agreement to arbitrate will remain legal and enforceable even if any provision is found to be defective or unenforceable, to the minimal extent needed by law.

21.0 Complete Agreement The complete agreement between you and Sawfish for the provision and use of the Services is included in this agreement, as are all policies and procedures that are incorporated by reference. For the provision or use of the services, this agreement shall supersede any competing policy or agreement, unless expressly specified otherwise in a written agreement between you and Sawfish. Your exclusive remedies with regard to the Services are outlined in this Agreement. In the event that any clause or section of this agreement is found to be illegal or unenforceable, the remaining clauses will remain in full force and effect and the affected provision will be revised and interpreted to the fullest degree feasible to achieve its intended goals.

This document was last updated on September 5, 2023