1.1. These online payment terms and conditions (the Terms) apply to the use of the online payment service (the Payment Service) for paying the fee (the Fee) for the application for a licence (including a transitional licence) issued under the Financial Markets Conduct Act 2013 (the FMC Act) or the Financial Markets Supervisors Act 2011 (the FMS Act) or a variation to a condition or conditions on a licence issued under the FMC Act or FMS Act (the Application). 1.2. The Payment Service forms part of the online application form for a licence (including a transitional licence) issued under the FMC Act or the FMS Act (or a variation to a condition or conditions on a licence issued under the FMC Act or FMS Act) (the Online Application Form). 1.3. Payments of the Fee via the Payment Service are through a secure payment gateway provided by Datacom Solutions Limited called Datacom Payment Gateway (DPG). Your credit/Debit Card or real-time debit data will be used by DPG to complete payment of the Fee. DPG is solely responsible for these payment transactions. 1.4. By ticking the box on the Fee Summary page of the Online Application Form you agree to: 1.4.1. be bound by the Terms applying at the time you complete the Online Application Form; and 1.4.2. DPG and us, if applicable, providing personal information to third parties to enable payment of the Fee. 1.5. Please note the Terms may change so you should read them before you use the Payment Service, even if you have read them previously.
2.1. In the Terms: 2.1.1. "You" means the person accessing or using the Payment Service. "your" has a corresponding meaning. 2.1.2. "We" means the FMA. "our" and "us" have a corresponding meaning. 2.1.3. "Our Website" means the FMA website accessed through the home page www.fma.govt.nz, but excludes other websites not operated by us that may be accessed through hypertext links on our website. 2.1.4. "Debit Card" means a card, which allows you to make purchases or payments electronically online using funds from your current or savings accounts. 2.1.5. PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards designed to ensure that all companies that accept, process, store or transmit credit card information maintain a secure environment.
3. Your warranties
3.1. Each time you use the Payment Service you confirm that you: 3.1.1. are complying with the terms of using the RealMe login by which you access the Online Application Form; 3.1.2. have the appropriate authority to pay for the Fee with your chosen Debit or credit card or bank account; 3.1.3. warrant the information provided in using the Payment Service is true and correct. We shall have no liability for transactions, which are incorrect because of inaccurate data entry by you; and 3.1.4. are not knowingly or recklessly using, or attempting to use, the Payment Service for a purpose for which it was not intended, including any unlawful purpose.
4.1. Payment of the Fee may be made using a credit or Debit Card or real-time debit payment. 4.2. The Fee will be in New Zealand Dollars and inclusive of GST (if any). 4.3. Once the payment of the Fee has been made, it cannot be cancelled. 4.4. We accept no responsibility for any consequences of refusal or reversal of payment of the Fee, which shall be a matter between you and your credit or debit card issuer or you and your bank.
5.1. When the Fee has been processed, you will be presented with a confirmation screen on the Online Application Form, acknowledging the submission of the Application. An email will then be sent to you confirming payment of the Fee and receipt of the Application.
6.1. We are not able to refund the Fee. We will, however, return any money paid if it is charged in error. Requests must be made by contacting us at email@example.com with an explanation as to why the amount paid was not payable. If we agree the amount was not payable, the money will be processed back onto the credit or Debit Card, or the bank where the payment originally came from.
7. Information Security Policy and the use of information
7.1. You acknowledge that the information provided by you in use of the Payment Service for the payment of the Fee is processed through DPG. DPG is a PCI DSS compliant service provider. We do not capture, hold or retain any credit/ Debit Card and real-time debit payment information used to complete payment of the Fee. 7.2. DPG is solely responsible for the security of the information that you provide to complete the payment via the Payment Service. 7.3. In using the Payment Service, you acknowledge that internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you (including credit or Debit Card information) may be able to be read and/or intercepted by a third party. We shall have no liability for the interception and/or 'hacking' of any data or other unauthorised access to information provided by you.
8.1. We will comply with the Privacy Act 2020 in relation to any applicable information you supply to us when using the Payment Service.
9. Exclusion/limitation of liability
9.1. We do not warrant or guarantee that the Payment Service and your use of the Payment Service will be error-free, virus-free, immediately and/or continuously available. To the extent permitted by law, we do not accept liability for any damage, loss, costs (including legal costs), expenses of any kind, which may be suffered or incurred by you from the use of the Payment Service, or from the non-availability of the Payment Service.
10. Use / Availability of Service
10.1. We may suspend, amend or cancel the Payment Service at any time either temporarily or permanently and without notice.
11.1. You agree to indemnify us for any loss, cost or expense suffered or incurred by us as a result of: 11.1.1. The breach of your obligations under the Terms; 11.1.2. Your negligent use, or intentional misuse, of the Payment Service; and 11.1.3. Any claim brought against us by a third party in relation to your use of the Payment Service.
12. Governing Law
12.1. Use of the Payment Service is governed by New Zealand law. The New Zealand Courts have exclusive jurisdiction over any matter in connection with the Payment Service and the Terms. If you access the Payment Service from outside New Zealand, you are responsible for ensuring compliance with all laws in the place where you are located.
13.1. Help is available Monday to Friday 8.30 am – 5.00 p.m. Customer service contact details are here.