PaidIt Services Terms and Conditions
Welcome to the PaidIt Services pilot.
The PaidIt Portal and related PaidIt Services are together new Services being trialled by the Commonwealth Bank of Australia ABN 48 123 123 124 (CBA) and provided by CBA New Digital Businesses Pty Ltd ABN 38 633 072 830 trading as x15ventures (x15 or "we"). x15 is a wholly owned but non-guaranteed subsidiary of CBA, and PaidIt is a brand of x15.
These Terms and Conditions outline the process, rights and responsibilities related to the PaidIt Services for this limited Pilot. By choosing to use these PaidIt Services and to participate in this Pilot, you agree that you have read, understood and agree to these Terms and Conditions and the accompanying Privacy Policy.
You are not required to proceed with the PaidIt Services to facilitate payment that may be owing to you. If you do not agree to these Terms and Conditions and/or do not agree to use these PaidIt Services, you should not use the PaidIt Services. You may instead respond in the manner set out in the initial communication you have received from CBA that references this Service. In that communication, you are instructed how to contact CBA with alternative methods to this Service.
1. PaidIt Services Purpose and Process
1.1. Purpose
The PaidIt Services provide you with the ability to confirm your identity so that you can organise payments that may be owed to you.
Methods of confirming your identity are set out in more detail in clause 1.2 directly below (PaidIt Process). These methods include capturing your details through (a) providing your BSB and Account Number; or (b) your participation in the ConnectID option.
For clarity:
- PaidIt Services are limited to the purpose set out directly above. Any additional information relevant to why the payment may be owed to you, or where it comes from, will be provided to you in separate communications to you from CBA at the following email: unclaimed@dividends.cba.com.au; and
- No payment processing occurs through these PaidIt Services. Payment processing will be completed by MUFG as described to you in separate communications from CBA, and will occur after your identity and payment information has been successfully determined, including through these Services.
1.2. PaidIt Process
Through the PaidIt Services, we help facilitate the process associated with payments that may be owing to you by helping to validate your identity.
The way we assist with identity validation will depend on how you preferred to be identified. There are two options available to you set out below. By selecting your preferred option, you will be directed on next steps and any further information we require to process the Services.
If we have issues in validating your identity and/or with the information you provide, we will let you know. You will then need to contact CBA at cbaunclaimeddividends@cba.com.au or by replying to the email you originally received from CBA related to these Services.
Your two identification options are below.
Option 1: BSB and Account Number
You may be identified using your BSB and Account number. If you choose this method, we will require that you provide accurate and complete BSB and account details. Once you have done so, we will then use your provided details with our Identification Checking Tool to help validate your identity.
Option 2: ConnectID
ConnectID is a method of allowing you to verify your identity online as between your chosen identity provider (such as your existing bank) and a business (such as x15 or the entity who owes you payment) that needs to verify your identity.
If you want to be identified using ConnectID (vs BSB and account number), you will be required to follow the ConnectID prompts in our PaidIt Portal that forms part of the PaidIt Services.
Please see Schedule 1 of these Terms and Conditions for more information about ConnectID.
1.3. Payment process
Once your identity has been successfully validated using the PaidIt Services, we will provide these details to CBA. CBA will provide these details to MUFG, who may then process any payments owing to you.
Please visit au.investorcentre.mpms.mufg.com for more details on how your payments will be processed by MUFG, and how you can contact MUFG for payment inquiries.
You may otherwise contact CBA at the following email: cbaunclaimeddividends@cba.com.au
1.4. Pilot Limitations
While we commit to provide you the PaidIt Services in accordance with these Terms and Conditions, it is important that you understand the Services limitations.
If you choose to assist with the Pilot by using or providing input into this PaidIt Portal and/or related PaidIt Services, you acknowledge that these Services may have limited features, may contain bugs or errors, and may not be continuously available. These Services are not intended for your ongoing use or any commercial use.
Further, since the PaidIt Services rely on data made available to us, amongst other information, we cannot guarantee that results delivered in connection with the Services are accurate or complete. To the maximum extent permitted by Law, we provide the PaidIt Portal and PaidIt Services "as is" and disclaim all liability for any loss, damage, or other issue you may experience while using it, subject to clause 7 below (Liability). This includes any loss of data or interruptions to service.
2. Your Role and Responsibilities
2.1 PaidIt Services are Voluntary: As set out in the introduction of these Terms and Conditions, your use of this PaidIt Services is entirely voluntary and is not a condition for you to receive any payment that may be owing to you. If you do not agree to use these Services, you may instead respond in the manner set out in the initial communication you have received from CBA that references this Service. In that communication, you are instructed how to contact CBA with alternative methods to this Service.
2.2 Use of the PaidIt Services
In using the PaidIt Services, there are things you must do and things you must not do.
If you fail to comply with this clause, we may without notice and immediately or at any time (a) refuse to process or complete any transaction or dealing; and/or (b) suspend or discontinue your access to or use of the Services or related APIs.
In using the PaidIt Services, you must:
- Promptly notify x15 in writing if you become aware of any suspected or actual breach of these Terms and Conditions or Services related to them. You must cooperate with x15 and members of the CBA Group regarding any investigation related to such suspected or actual breach;
- comply with all Laws in connection with your access to the Services and APIs relevant to the Services;
- take reasonable precautions to ensure that your use of and access to the Services and related APIs does not harm any other person;
- ensure that any information you provide in connection with these Services is your information over which you have all rights and is accurate and complete, and you will notify x15 promptly if that information changes; and
- comply with any directions (i) provided by x15 or a CBA Group member that relate to the Services and/or (ii) provided directly or indirectly by a Government Agency in relation to the operations of any member of the CBA Group.
In using the PaidIt Services, you must not:
(a) Use the Services in any manner that adversely impacts or may adversely impact:
- the stability or integrity of the Services and/or related Service APIs ("APIs");
- the ability of others to access or use the Services or related APIs; or
- the reputation of any member of the CBA Group; and
(b) directly or indirectly:
- do anything which disrupts the normal or intended operation of the Services or any related APIs, or any systems operated by, or other business activities of, x15 or the CBA Group;
- attempt to gain unauthorised access to or disrupt the integrity or performance of the Services or any CBA Group platforms, systems, or APIs, or to undermine any security measures applied to any of them;
- attempt to introduce any viruses or other harmful components into the Services or related APIs;
- decompile, reverse compile, disassemble, reverse engineer, reverse assemble, or reverse translate or otherwise attempt to obtain the source code for or trade secrets in the Services or related APIs;
- remove, alter or obscure any identification, copyright, trade mark or other proprietary notices or labels applicable to the Services, any related API or documentation provided by the CBA Group;
- use the Services or related APIs for the purposes of any analysis intended for publication;
- use the Services or related APIs for high-risk activities where the use or failure of these could lead to death, personal injury or damage to tangible property;
- attempt to separately use or re-create x15's (or any member of the CBA Group's) own data (in whole or part) through use of the Services or related APIs;
- use or refer to the Services or related APIs in developing any software or solution which has similar functionality or competes with the Services or any related APIs, including in your personal capacity;
- impersonate any other person in accessing or using the Services;
- attempt to encumber, transfer, rent, lease, time-share, copy, distribute, manufacture, adapt, create derivative works of, translate, localise, port, or otherwise modify any part of the Services or related APIs; or
- engage in conduct that in x15's reasonable opinion:
- is unlawful, including conduct that may contravene any Law or that may promote terrorism; and/or
- is defamatory, harassing or threatening to any person or promotes or encourages physical or mental harm of any person.
3. IP
By agreeing to participate in the POC as set out in these Terms and Conditions, you acknowledge and agree that all intellectual property rights in the Services, including the PaidIt Portal and any user experience screens and information, belong to the CBA Group and/or its licensors (Our IP).
We grant you a limited, non-transferable licence to access and use Our IP solely to use the Services in accordance with these Terms and Conditions. Any other access, use or copying of information or intellectual property from these Services is expressly prohibited.
Notwithstanding the paragraphs in this clause above and to avoid doubt, x15 will keep Personal Information contained in any information you provide us in accordance with clause 5 below (Data Collection and Privacy).
4. Feedback
As part of using the PaidIt Portal, you may choose or be asked to provide feedback on your experience. If you provide any feedback, suggestions, or ideas with respect to this PaidIt Services, you acknowledge and agree that any such suggestions (i) will not include any Personal Information, and (ii) will become the property of x15 and may be used by x15 and CBA Group Members without any obligation or requirement of payment or attribution to you. This includes that you waive the right to inspect how your feedback is used or to edit or vary your feedback.
5. Data Collection and Privacy
In order to use the PaidIt Services, you must agree to the separate Privacy Policy made available to you. We will collect, use, and share your personal information as described in that notice, which includes: (a) Your name, email, and mobile number; and (b) financial information (such as BSB and account name and number).
Further and to facilitate payments that may be owed to you through the PaidIt Services, your designated bank information will be required to be shared for identity verification purposes (directly or using ConnectID) with the CBA Group, our third party service providers and MUFG as the payment processor if required.
Please review our Privacy Policy for more information.
6. Payments
There are no fees for you to use the PaidIt Services.
7. Liability
Nothing in these terms excludes, restricts, or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which contains guarantees that protect the purchasers of goods and services in certain circumstances.
To the extent permitted by law, we do not warrant that the PaidIt Services will meet any requirements or that their operation will be entirely error-free or that all defects are capable of correction or improvement. Subject to any implied term, condition or warranty imposed by the Australian Consumer Law as amended and/or under similar state legislation, all other warranties including any implied warranties of merchantability, satisfactory quality or fitness for purpose or ability to achieve a particular result are hereby excluded.
x15's goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled: (a) to stop receiving your Services with us; and (b) to a refund for the unused portion of any fees you have paid to use this Service. You are also entitled to choose a refund or replacement for major failures with goods or services. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel any contract you've entered and obtain a refund of any unused portion of the Services you have paid for. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
8. Our contact information for support and feedback
For any support issues, questions, or to submit feedback, please contact CBA at cbaunclaimeddividends@cba.com.au directly.
9. Termination
9.1 x15 rights
In addition to the termination rights set out in clause 2 of these Terms and Conditions (Your Role and Responsibilities), we may also suspend or terminate the Services for the following reasons: (a) if x15 or a member of the CBA Group becomes aware that you are or appear to be a Proscribed Person; (b) x15 considers doing so is required to manage compliance with Laws within the CBA Group, or to manage regulatory risk; and (c) for security, technical, maintenance or operational reasons where we consider it reasonably necessary or appropriate to do so in accordance with our legitimate business purpose.
9.2. Your rights
You can contact us with respect to this program and/or stop your participation in this program by providing notice to complaints@x15.com.au. x15 will stop any remaining Services to you within 2 business days of receiving your written notice.
10. Definitions
API means the application programming interface(s) used by x15 in connection with the Services.
CBA Group means x15, its parent company the Commonwealth Bank of Australia, and any related body corporate of CBA, any entity that is controlled by, or is under common control with CBA, any joint venture in which CBA or its related body corporate owns 50% or more of the relevant ownership interest, and any other entity in which CBA or its related body corporate has an equity, business or other right or interest.
ConnectID means a digital identity network that enables you to request various organisations with whom you have a relationship (Identity Providers) to provide identity and attribute information (together Identity Data) about you to x15 for the purpose of our Services. Details on ConnectID are included in Schedule 1.
ConnectID Operator means ConnectID Pty Ltd or its Related Bodies Corporate (as this term is defined in the Corporations Act 2001 (Cth)).
Digital Identity Transaction has the meaning given in Schedule 1, clause 1.1(c).
Government Agency means a government or government department or other body, a governmental, semi-governmental, administrative, fiscal or judicial person, body, department, commission, authority, tribunal, agency or entity, including a statutory corporation or a person (whether autonomous or not) who is charged with the administration of a Law, and includes any Australian regulator.
Identification Checking Tool means a security tool that searches the account details you've entered when you go to organise payment for the first time with the Services. This tool will help indicate whether the account details look right. For example, if an account name has not been used for a particular BSB and account number, x15 will prompt you to take further steps to help ensure payment will be made to the intended recipient.
Identity Data has the meaning given in Schedule 1, clause 1.1(a).
Identity Provider has the meaning given in Schedule 1, clause 1.1(a).
Law means any statute, regulation, proclamation, ordinance or by-law in Australia, or any other jurisdiction where such statute, regulation, proclamation, ordinance or by-law relates to economic and trade sanctions, money laundering or terrorism financing; and any law, regulation, authorisation, ruling, judgment, order or decree of any Australian regulator.
MUFG means MUFG Corporate Markets (AU) Limited (ABN 54 083 214 537). The primary business of MUFG is to provide registry and share registry services in Australia.
PaidIt Portal means the technical, web-based platform through which x15 offers you the Services set out in these Terms and Conditions.
Personal Information means personal information, as that term is defined in the Privacy Law.
Privacy Law means the Australian Privacy Act 1988 (Cth) and any privacy legislation which applies to you from time to time in force in Australia.
Privacy Policy means a policy made available to you that includes how x15's brand PaidIt will collect, use, and share your personal information as described in that notice. In this Privacy Policy, x15 may be referred to as PaidIt.
Proscribed Person means a person who appears to any CBA Group member either to: (a) be a proscribed person or entity under the Charter of the United Nations Act 1945 (Cth), the Autonomous Sanctions Act 2011 (Cth), or any other trade, economic or financial sanctions administered or enforced by Australia, or any other relevant sanctions authority or country; (b) be in breach of the laws of any jurisdiction relating to money laundering or counter-terrorism; (c) appear in a list of persons with whom dealings are proscribed by the government or a regulatory authority of any jurisdiction; or (d) act on behalf or for the benefit of a person listed in subclauses (a) - (c).
Services means the services offered through x15 under these Terms and Conditions, including access to and use of the PaidIt Portal and related services and APIs that facilitate your identification and ability to receive entitled payments.
"We" or "x15" means CBA New Digital Businesses Pty Ltd trading as x15ventures. Any other grammatical form of the word "we" has a corresponding meaning.
You means the users of the PaidIt Services set out in these Terms and Conditions. Any other grammatical form of the word "you" has a corresponding meaning.
Schedule 1 - ConnectID
The following terms and conditions apply if you choose to use ConnectID as part of your Services offered by x15.
1. Identity Data
1.1. Digital Identity Transactions
(a) x15 is a participant in the digital identity network, ConnectID, that enables you to request various organisations with whom you have a relationship (Identity Providers) to provide identity and attribute information (together Identity Data) about you to x15 for the purpose of x15's Services. This can help streamline x15's interactions with you. Identity Data may include identity and attribute information such as your first and last name, telephone number, email, address and bank account information if provided.
(b) This "Identity Service" is only available where (i) the eligibility criteria set out in section 1.2 directly below (Eligibility) have been met, (ii) where x15 have enabled the "Identity Service" for these Services you wish to use, and (iii) where the Identity Provider holds valid accreditation as part of ConnectID.
(c) The "ConnectID Network" facilitates the transfer of Identity Data on a bilateral basis between x15 and the Identity Provider (each a Digital Identity Transaction). However, the ConnectID Operator does not access or hold your Identity Data and the transfer of Identity Data occurs directly from the relevant Identity Provider to x15.
(d) Any Digital Identity Transaction is at your request and option, and any Identity Data will only be provided by the Identity Provider selected by you and with your express consent. If you do not provide your consent, the Digital Identity Transaction will not be performed and x15 will provide you with an alternative option to provide your Identity Data or have your identity verified, other than through ConnectID.
(e) Further, each Digital Identity Transaction is a one-off transfer of Identity Data, and any further transfers of Identity Data, including any transactions where you ask the same Identity Provider to provide x15 your Identity Data, will require further consent from you and a new Digital Identity Transaction.
1.2 Eligibility
(a) You will only be able to perform a Digital Identity Transaction if:
(i) you have a digital account enabled with the relevant Identity Provider and have verified your identity and certain core Identity Data (such as your name, telephone number, email and date of birth) with the Identity Provider within the prior 5 years; and
(ii) you meet the minimum age requirements set out in the relevant Identity Provider's terms of service for ConnectID.
2. Customer acknowledgments
(a) You acknowledge and agree that:
(i) any Digital Identity Transaction requested by you using the "Identity Service" is governed by these terms;
(ii) you will be asked by the Identity Provider to review the Identity Data to be transferred to x15 to verify its accuracy and to expressly consent to such transfer;
(iii) where you consent to the transfer of Identity Data to us from an Identity Provider:
(A) x15 and members of the CBA Group may collect, use and disclose the Identity Data as consented to by you as part of the Digital Identity Transaction, and for secondary purposes where you have further consented to such secondary purposes or where the secondary purposes are otherwise permitted by applicable privacy law, x15's terms with you and x15's Privacy Policy;
(B) the Identity Provider will no longer control and will not be responsible for the security or handling of any Identity Data that has been transferred by the relevant Identity Provider to x15, and x15's terms with you and its Privacy Policy will govern x15's handling of Identity Data, not the terms you have with the Identity Provider nor the Identity Provider's privacy policy; and
(C) if x15 suffer a security or data incident that impacts your Identity Data, you consent to x15 providing to the Identity Provider information about such incident, including your Personal Information and the Identity Data impacted by the incident, which the Identity Provider may use to seek to prevent or respond to cyber security incidents, fraud, scam activity or identity theft;
(iv) neither x15 nor the ConnectID Operator endorse or make any representations or recommendations in respect of any Identity Providers, including in respect of the suitability of their security or privacy practices; and
(v) both x15 and the ConnectID Operator exclude all liability to you to the maximum extent permitted by law in connection with any acts or omissions of the Identity Provider.
(b) The exclusions in this section that relate to the ConnectID Operator are held on trust by x15 for the ConnectID Operator. This means that, although the ConnectID Operator is not a party to these terms, it can rely on your acknowledgment of and agreement to these exclusions.
(c) Please note that Digital Identity Transactions are intended to operate separately to requests made pursuant to the Consumer Data Right scheme.
3. Withholding service
x15 may withdraw or suspend the Identity Service at any time. x15 may also, or the relevant Identity Provider may, be unable to make available the "Identity Service" or process Digital Identity Transactions relating to you for a number of reasons, including if:
(a) the underlying transaction that you are conducting with us is not a transaction for which we are able to utilise the "Identity Service";
(b) you do not meet the eligibility requirements set out above in clause 1.2 of this Schedule or the relevant Identity Provider is not otherwise able to supply the requested Identity Data;
(c) there are suspicions on reasonable grounds that any fraud (including identity fraud) or security incident has or may be occurring in connection with you, the Digital Identity Transaction or the relevant Identity Provider;
(d) x15 or any member of the CBA Group's participation in the "ConnectID Network" has been suspended or terminated; or
(e) there are grounds to believe that the Digital Identity Transaction requires intervention, for example because it relates to you as a vulnerable person.
4. Fees
You will not be charged any fees to perform a Digital Identity Transaction for you.
5. Access and updates to your Identity Data
(a) You can request access to, or correction of, your Personal Information held by us by contacting us in accordance with the procedures set out in x15's Privacy Policy.
(b) For clarity, where you update your record of Personal Information with x15, this will not update your record with an Identity Provider. You will be required to separately contact the relevant Identity Provider to update the Personal Information they hold about you.
(c) If you have any suspicions of fraud in relation to your identity or account with x15 or any Digital Identity Transaction that you did not authorise, you must notify x15 as soon as possible.
6. Complaints
If you have any complaints or disputes relating to our participation in a Digital Identity Transaction relating to you, please contact x15 at complaints@x15.com.au. However, please note that if your complaint or dispute relates to activities of an Identity Provider that you asked to disclose Identity Data to us, x15 may direct you to contact that Identity Provider directly.