MERCHANT APPLICATION TERMS AND CONDITIONS

MERCHANT APPLICATION TERMS AND CONDITIONS

In this application form, 'you' means the legal person, or, if more than one, jointly and severally the legal persons, who own(s) the business named in Section 4 above. By sending this application form to Windcave you unconditionally agree (and give your authorisation) that:

  • Windcave may reject any application by your organisation or business for a Windcave product or service for any reason.

  • If any of the information in this form is untrue, incorrect or incomplete, and you do not give Windcave replacement information, Windcave may reject your application and/or terminate any products and/or services that Windcave provides you.

  • Windcave may act on any permissions and consents given in this application form.

  • This form does not constitute an offer of any Windcave product or service.

  • You are all of the owners/trustees/partners/directors as the case may be of the organisation or business specified above.

  • Windcave or its authorised agents may give information, including personal information about you to, or collect information about you from, anyone deemed necessary (including credit agencies, any other account principal, any of Windcave’s payment processing contractors and agents, and card schemes) for the purpose of considering your application and whether to provide you with products and services.

  • The personal information contained in this form is collected, held and may be used by Windcave or its authorised agents for the same purposes.

  • You have the right to access and correct your personal information.

  • If you are an individual, you are 18 years of age or older and are not an undischarged bankrupt or liable under the insolvency act 1967 and its amendments.

  • All information you have given to Windcave is true, correct and complete and not misleading or deceptive.

  • If anything changes to make any information in this form untrue, incorrect or incomplete, you will tell Windcave and give replacement information as soon as possible.

  • You also agree that Windcave may send you a Letter of Offer, Merchant Agreement, Windcave terms and conditions or other documentation relating to Merchant Services in electronic form to the above email address subject to the following terms:

    • You acknowledge that emails are transmitted over the internet which is an unsecure public domain and subject to risk including interception, corruption, non-delivery and mis-delivery.

    • No provisions of any documentation received by you are to be added to, deleted or qualified without the prior written consent of Windcave

    • Where you comprise 2 or more persons, you all confirm that forwarding documentation to the above email address will fulfil Windcave’s obligations to send you documentation.

    • Windcave cannot guarantee that documentation sent by email will: remain confidential; be free from viruses, worms or Trojans; be free from interference, be delivered in a timely manner or at all.

    • Your personal information contained in the documentation and any covering email may be transmitted by email. Also, Windcave personnel may contact you to confirm that the email was sent to your email address and for authentication purposes.

    • Before opening or using any attachments you must check/scan them using the most recently released version of your anti-virus software.

    • Attachments to emails will be sent in PDF format. You will need to have a PDF reader installed to read it. Windcave does not warrant that you will be able to read or reproduce any attachments.

    • Subject to any applicable law which cannot be excluded and to all provisions implied by statute which cannot be excluded, Windcave accepts no responsibility for any loss, damage, cost or expense (direct or indirect) incurred by you as a result of documentation being sent by email.

  • Windcave can accept copies of identity documents provided they are certified by a trusted referee, such as a:

    • Commonwealth representative (as defined in the Oaths & Declarations Act 1957)

    • Member of the police

    • Justice of the Peace.

    • Registered medical doctor

    • Registered teacher

    • Minister of religion

    • Lawyer (as defined in Lawyers and Conveyancers Act 2006)

    • Notary public.

    • New Zealand Honorary Consul.

    • Member of Parliament.

    • Chartered accountant (within the meaning of s19 of the New Zealand Institute of Chartered Accountants Act 1996)

    • A personal who has the legal authority to take statutory declarations or the equivalent in New Zealand

    • The trusted referee must not be:

      • Related to the customer. For example, a trusted referee cannot be their parent, child, brother, sister, aunt, uncle or cousin.

      • The spouse or partner of the customer.

      • A person who lives at the same address as the customer.

      • The trusted referee’s certification must include his or her name, occupation, signature and the date of certification.

      • A person involved in the transaction of business requiring the certification.