Last updated: October 11, 2020
1.1 Welcome to https://getpylon.com ("Website") through which you can pay your solar retailer's invoices using the payment platform hosted on the Website ("Pylon Payment Platform").
1.2 The Website is operated by Saru Technologies Pty Ltd (ACN 607168230) ("Pylon").
1.3 The Pylon Payment Platform is provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 ("Stripe") and is subject to the Stripe Connected Account Agreement, which includes the Stripe terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or using the Pylon Payment Platform, you are also agreeing to be bound by the Stripe Services Agreement.
2.1 By using, browsing and/or reading the Website or using the Pylon Payment Platform, you agree to have read, understood and agree to be fully bound by Pylon and Stripe's terms.
Notwithstanding the above, Pylon and Stripe reserves the right to review and change any of their respective terms by updating this page or their pages at its sole discretion. When Pylon updates these terms, it will use reasonable endeavours to provide you with notice of updates to the terms. Any changes to the terms take immediate effect from the date of their publication. Before you continue, Pylon recommends you keep a copy of these terms for your records.
2.2 If you accept these terms pursuant to clause 2.1, you may use the Pylon Payment Platform.
3.1 Any payments made using the Pylon Payment Platform will be credited to your solar system retailer's Stripe connected account.
3.2 Pylon will not be liable:
3.3 It is your responsibility to ensure that there are sufficient funds available in your account to allow a payment to be made through to your solar system retailer.
4.1 If you are involved in a Supplier Dispute or for whatever reason pursue return of funds transacted using the Pylon Payment Platform ("Funds Return"), you agree that as between yourself and Pylon:
4.2 Amounts payable by you to Pylon arising out of a Reimbursement Obligation is a debt immediately due and payable.
4.3 The Reimbursement Obligation is not a penalty or unfair term.
4.4 Pylon does not act as:
4.5 You indemnify Pylon against any loss, damage, expense or cost arising out of:
5.3 By accepting these terms and conditions, you also consent to:
6.1 While Pylon has made every effort to ensure that the:
6.2 Pylon does not guarantee that this Website or the Pylon Payment Platform will be free from viruses, or that access will be uninterrupted. You are solely responsible for your own personal device's anti-virus, connectivity, and security measures.
6.3 In consideration for being given access to this Website and/or access to Pylon Payment Platform, you release and forever discharge Pylon, its officers, employees, servants, agents and contractors and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this Website, the Pylon Payment Platform, or any of the links provided in this Website or reliance by you or any person upon information contained in or downloaded from this Website.
6.4 Material on this Website or provided in conjunction with the Pylon Payment Platform may contain general information about Pylon's products and services. Unless expressly stated otherwise, this information:
6.5 Liability of any of Pylon, its employees, servants, agents or contractors for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at the option of Pylon, to:
7.1 The fees payable for transactions effected using the Pylon Payment Platform are as follows:
7.2 These fees:
7.3 In this clause:
7.4 Any reference in this clause to a term defined or used in the GST Act is, unless the context indicates otherwise, a reference to that term as defined or used in that Act.
7.5 Unless otherwise stated, all prices or other sums payable or consideration to be provided under these terms are exclusive of GST.
7.6 To the extent that any supply made under or in connection with these terms is a taxable supply, the consideration to be provided under these terms for that supply is increased by an amount equal to the amount of that consideration multiplied by the rate at which GST is imposed in respect of the supply.
7.7 The supplier of a taxable supply will provide the other party with a tax invoice in applicable form.
7.8 Costs or expenses to be reimbursed or indemnified under these terms exclude any amount in respect of GST included in the costs or expenses for which an entitlement arises to claim an input tax credit.
8.1 If a dispute arises out of or relates to the terms (other than dispute in relation to Reimbursement Obligation) either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
8.2 A party to the terms claiming a dispute ("Dispute") has arisen under the terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
8.3 On receipt of that notice ("Notice") by that other party, the parties to the terms (Parties) must, within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
8.4 If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Resolution Institute. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. The mediation will be held in Sydney, New South Wales, Australia.
8.5 If 4 weeks have elapsed after the issue of a Notice and the Dispute has not been resolved, either Party may litigate the matter.
9.1 This agreement and your access to this Website or access to any other Pylon Payment Platform provided by Pylon to you may be terminated at any time by Pylon without notice. All restrictions, licences granted by you and all disclaimers and limitations and limitations of liability by Pylon will survive termination, although you will no longer be authorised to access this Website or use any of the Pylon Payment Platform.
9.2 In the event of any dispute arising out of or in relation to the Website, these terms or use of the Pylon Payment Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
9.3 The terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
9.4 If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the terms shall remain in force.