Welcome to the Lessn Platform!
The Membership Terms are issued and administered by HospoPay Pty Limited T/A “Lessn” (ACN 640 610 117) (Lessn). By accepting the Membership Terms you will have a direct contractual relationship with Lessn.
When you join the Lessn Platform, by setting up an account you acknowledge and accept the Membership Terms during the onboarding process. By completing the onboarding process, you confirm that you have read, and agree to comply with, the Membership Terms.
When you opt for an Invoice or Expense to be paid via the Lessn Platform, you may be asked to re-confirm your acceptance of the Membership Terms or Fees from time to time.
Privacy
What does Lessn do?
Important information: Member eligibility, fees, pre-authorisation and liability
You must be over 18 years old and be the authorised holder of an eligible debit, credit card or Australian bank account to apply to be a Member of the Lessn Platform.
You must be a Business or Entity (or owner of a Venue) registered as a business, trust or sole trader, with an ABN, or authorised by such owner or entity, to be eligible to use the Lessn Platform. Eligibility will be determined at the sole discretion of Lessn. The Lessn Platform is a business-to-business platform only and is not available directly to retail consumers.
Venues on the Lessn Platform will in the future pay a fixed Subscription Fee (based on their tier) per month unless otherwise agreed by Lessn.
A headline credit card fee of 1.5% +GST for Visa and Mastercard transactions, and 1.95% +GST for American Express transactions, is applicable on all transactions that use these cards. You as a user can view your current merchant fees in your admin panel of your Lessn dashboard.
Bank Account Payments, known as Direct Debits and Instant Direct Debit (PayTo) will attract a headline rate of 0.40%+GST unless otherwise agreed with Lessn.
As part of our approval process, we may (including through our service providers) conduct a pre-authorisation on your nominated account. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you use the platform. We require funds to be settled into trust before an Invoice or Business Expense is to be paid by us via the Lessn Platform
The delivery/quality of goods or services by Suppliers and Vendors and all refunds relating to the goods or services is the responsibility of the Supplier and/or Payee. To the full extent permitted by law, Lessn accepts no responsibility or liability in connection with any goods or services provided by the Supplier and/or Payee.
1. Membership Terms
1.1 Nature of this Agreement
This Agreement is a contract between you (you or your) and HospoPay Pty Limited T/A “Lessn” ACN 640 610 117 (Lessn, we, us, our).
(a) This Agreement sets out the terms and conditions that apply to your access and use of the Lessn Platform for paymentsorchestration and payment of invoices via direct debit or your nominated credit card(s).
(b) You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement. If you do not want to be bound by this Agreement, you must not use the Lessn Platform, including for the purpose of paying any of your invoices/expenses and subsequent reconciliation technologies or from the perspective of the Payee – delivering invoices to payers and receiving payment and subsequent reconciliation.
1.2 Policies
(a) Before you create an Account with us or use any of our Products, you should read this Agreement, as well as Lessn’s Privacy Policy and any other policy found on our Website, which are incorporated into this Agreement by reference.
(b) We recommend that you store or print a copy of this Agreement (including all policies) for your records. To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.
2. Use of the Lessn Platform
2.1 No responsibility or warranty for Goods
(a) You acknowledge that we do not have any control over, and are not responsible or liable for, the goods or services purchased by an Entity or Business from it’s Suppliers or Payee under an Invoice paid for on the Lessn Platform. We cannot ensure that a Supplier you are dealing with will complete the transaction.
(b) We do not give any express warranty or guarantee as to the suitability, reliability or availability of products or services provided by a Supplier or Payee.
(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products or Platform, and we make no representations or warranties regarding the amount of time needed to complete processing of Invoices or payment transactions.
(d) You agree to hold us harmless and to indemnify Lessn and its Interested Persons on demand for any loss or liability that we incur as a result of any Supplier or third party (including any governmental authority) seeking to claim any amount against Lessn or its Interested Persons in connection with the payment of any Invoice or the supply of goods or services to or from the Entity or Business. The indemnity in clause 10.5 shall apply to such loss or liability incurred by Lessn or its Interested Persons.
2.2 Member Eligibility
(a) To be eligible to be registered as a Member to use our Products or Platform you must:
(i) be an entity or sole trader with an Australian Business Number (ABN) who operates a Business, Trust or Enterprise, or be the owner or other authorised representative of such Entity or Business who is at least 18 years old;
(ii) be capable of entering into a legally binding contract and have a valid and verifiable email address and Australian mobile telephone number and provide a valid delivery address in Australia; and
(iii) have access to a Nominated Payment Source, for example by being the holder of a valid bank account or credit card.
(b) By entering into this agreement, you represent and warrant that you are a business eligible to use our Products and are not a direct consumer of the goods or services.
(c) In connection with your use of your Lessn Account and our Products, you agree to use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Lessn Account.
3. Your Lessn Account
3.1 Creating your Lessn Account
(a) We will create your Lessn Account when you apply via our Website (www.lessn.io) or through an Web Application, if applicable.
(b) Once your Lessn Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Lessn Account, using your secure password, through our Website or Application.
(c) You are responsible for maintaining the security of your Account details. We will not take responsibility for unauthorised access and use of your Lessn Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.
(d) You acknowledge and agree that if a person makes a payment using your Lessn Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:
(i) we are or at any time become aware of that or the use of your Lessn Account not being authorised by you;
(ii) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person or a Supplier/Payee; or
(iii) any rights or claims that we, our service providers, a Member or a Supplier may have against that person.
except to the extent any use of your Lessn Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement.
3.2 Your obligations to us as a Member
By holding a Lessn Account as a Member with us, you agree that you must:
(a) not open or use more than one Lessn Account in respect of a singular ABN, Business or Entity.
(b) pay any applicable Fees associated with your use of our Products and your Account;
(c) not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Lessn Account);
(d) ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Account via our Website or WebApplication;
(e) provide to us in a timely manner all documentation relating to your identity, if requested by us;
(f) not use your Lessn Account, our Products or Goods for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;
(g) immediately contact us if you believe that your Lessn Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach and cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your LessnAccount;
(h) pay any taxes that may apply to your use of our Products (including GST on payments or Fees, as applicable);
(i) not permit others to use your Lessn Account, or allow anyone else to have or use your account password details;
(j) not use any technology (device, software or hardware) to damage, intercept or interfere with our Products, Website or Application;
(k) not create liability for us or cause us to lose (in whole or in part) any business from Suppliers; and
(l) authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa, MasterCard and American Express) for the purpose of eliminating fraud and illicit behaviour.
3.3 Closing your Lessn Account
(a) You may request to close your Lessn Account by contacting us directly. You may only request to close your Lessn Account if:
(i) all amounts owing to us by you (including any Fees) have been paid in full to us; and
(ii) no disputes or refunds are in progress (including in respect of any Order or with any Supplier to which we have paid an Invoice on your behalf).
(b) You may not close your Lessn Account to evade investigations of any nature.
(c) We may close your Lessn Account for any reason within our reasonable discretion. This Agreement will continue to apply to any Invoices accepted prior to such closure until all amounts owing are received in full (including any Fees).
(d) Except as otherwise stated, this Agreement will be terminated once your Lessn Account is closed. However, you will remain liable for all outstanding obligations related to the Lessn Account even after it has been closed.
(e) We may immediately limit your access to our Products or suspend or close your Lessn Account where we have reasonable cause to do so including, without limitation, where:
(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, [including our pre-authorisation check described in clause 6.2];
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Lessn Account or our Products in breach of this Agreement); or
(iv) we otherwise reasonably consider the activity associated with the Lessn Account to be suspicious.
(f) We will use our best efforts to provide written notice to you before closing your Lessn Account, in the circumstances described in clause 3.3 above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Lessn Account in accordance with clause 3.3, this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Lessn
4. Invoices, payments and billing
4.1 Invoice review and confirmation
(a) All Invoices which you elect for payment via the Lessn Platform are subject to pre-approval by Lessn. We may choose not to pay an Invoice on your behalf for any reason, including if:
(i) we reasonably consider this necessary in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including those described in clause 6;
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);
(iv) we otherwise reasonably consider the Invoice or Order to be suspicious.
(b) If we approve an Invoice, you will receive notification via the Lessn Platform direct to your Lessn Account.
4.2 Determination not to pay Invoice
(a) If we determine (at our discretion) not to pay an Invoice on your behalf from your Nominated Payment Source:
(i) if you wish to proceed with the purchase under the Invoice, you may pay such Invoice directly (provided all Outstanding Invoice Amounts have been paid to us) or the Supplier may accept an alternative payment method in its discretion or if required to do so by law; and
(ii) you agree that we will not have any liability for making a determination not to pay an Invoice on your behalf and the Supplier will not be obliged to deliver the Goods (or provide the services) the subject of the Invoice, unless required to do so by law.
(a) [You may make early payments through your Account, otherwise Lessn will automatically process payments owed to Suppliers on the selected or due date of the relevant Invoice.. You authorise Lessn to process such payments using the Nominated Payment Source provided by you.]
(c) If an Automatic Payment fails, Lessn reserves the right to re-attempt to process the payment at a later time or date. We will re-attempt the collection process following the due date using the bank account or card details provided. If collection attempts fail, we will contact you directly.
(d) A $10 discretionary dishonour fee will apply each time a collection attempt fails, up to a maximum of three payments of the dishonour fee.
4.5 Subscription Fees
4.6 Credit Card Fees
4.7 No set off
5. Refunds & Credits
(a) If you decide to return Goods or seek a credit from a Supplier (as applicable), which have been purchased, and the Invoice has been paid using the Lessn Platform, you will directly arrange the return with the Supplier directly. You must ensure that the Goods are returned according to the Supplier’s returns policy or other instructions or your rights at law.
(b) It is your responsibility to notify the Supplier if you intend to return any Goods (by disputing the invoice charge outside of the Lessn Platform). Lessn has no obligation to make any such notification to a Supplier via the Lessn Platform.
6. Compliance and identity checks
(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act.
(b) You agree to provide any information or documentation reasonably requested by Lessn or service providers or a Supplier to verify your identity in connection with your Lessn Account or any Invoice.
(c) All information that Lessn and its service providers collects about you or the recipient you nominate for the Goods/Services, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Lessn Privacy Policy.
(d) You authorise Lessn (and its service providers) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Lessn Account. In addition, you acknowledge that Lessn the right to report any negative activity on your Lessn Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.
(e) [We reserve the right (through a service provider) to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source.]
(f) You authorise and agree that Lessn will, subject to compliance with its Privacy Policy, access information in your or your Business’ accounting systems (including banking details) integrated with the Lessn Platform to provide its Products in relation to the payment of Invoices. For this purpose, you agree to assist Lessn to connect to and integrate with your relevant accounting system as part of the on-boarding process relating to your membership.
7. Our Intellectual Property
(a) The Lessn Platform (including our Website and Application) and all content are the exclusive property of Lessn. The information on the Lessn Platform (including our Website and Application) is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Lessn Platform (including our Website and Application), or any of our content, logos, graphics, icons or other content published or in our printed media.
8. Complaints and disputes
8.1 Disputes between you and a Supplier/Vendor
(a) If you have a dispute with a Supplier in relation to the payment of an Invoice through the Lessn Platform, you should file a dispute through direct contact with the Supplier via the Lessn Platform in the first instance.
(b) Whilst Lessn may facilitate communication between you and the Supplier, the outcome of your disputes with Suppliers will not affect Lessn’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.
8.2 Disputes between you and us
(a) We aim to:
(i) acknowledge receipt of all complaints within 2 business days; and
(ii) resolve all complaints within 21 days.
(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Email: hey@lessn.io
Phone: 1300 739707
Mail: PO Box 111 Annandale 2038
(c) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Lessn’s own protection. Lessn does not provide any guarantee that any such monitoring or recording will be retained or retrievable.
8.3 How you can communicate with us
Except as explicitly stated otherwise, any notices to us should be given by mail or email to:
WeWorkBarangaroo
1/1 Sussex Street
Sydney NSW 2000
Email: hey@lessn.io
10. General
10.1 Amendments
(a) Lessn may amend this Agreement at any time for any reason including, for example, if we change our Products, introduce new products or as required by law or regulators. We will post the amended Agreement on our Website. If you do not agree with the changes, you may close your account in accordance with clause 3.3.
(b) We will not change any terms and conditions for an existing Invoice that has been processed for payment via the Lessn Platform, such that the terms and conditions that will apply to an accepted Invoice are the terms and conditions that applied at the time the Invoice was submitted through the Lessn Platform for payment.
10.2 System Outages
Access to our Products or the Lessn Platform (including our Website and Application) may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control. We accept no liability to you or to any person for access to the Lessn Platform (including our Website and Application) being unavailable for any period of time.
10.3 Governing Law and Jurisdiction
10.4 Limitation of Liability
(a) Lessn’s liability and the liability of its Interested Persons for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s) or Invoices, including any payments and Late Fees.
(b) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.
(c) Lessn and each Interested Person will not, to the extent permitted by law be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any Goods from a Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.4(a) above). You acknowledge that any consumer-related claims you may have in respect of the Goods purchased from a Supplier/Vendor will be a matter between you and the Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Supplier.
(d) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
10.5 Indemnification
(a) You are responsible to Lessn and Interested Persons to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products, Website or Application; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.5(a) gives a non-party rights, Lessn contracts as trustee of the rights given under that clause.
(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Lessn or Interested Persons: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
10.6 Breach relating to misuse of the Products
(a) You acknowledge that it is imperative that Lessn and Interested Persons are able to rely on:
(i) the information you provide to us;
(ii) the identity that you use; and
(iii) that your use of your Lessn Account and our Products be for the intended purpose.
(b) You acknowledge that a breach by you of any obligation in this Agreement may cause significant detriment to Lessn and Interested Persons. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Lessn and Interested Persons seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.
(c) If Lessn reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Lessn Account and our Products, you agree, on request from Lessn, to provide us with copies of all documents, notes or communications in relation to such alleged breach.
(d) This clause 10.6 survives termination of this Agreement.
10.7 Transfers or Assignments
(a) You cannot transfer or assign any rights (including by grant or enforcement of security in favour of financiers) you may have under this Agreement without our prior written consent.
(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld).
(c) You agree that we from time to time may appoint third party collections agencies to collect any amounts owing by you under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe will require your consent or notice to you.
10.8 Termination
(a) If you do not agree with any terms of this Agreement, you may terminate this Agreement and delete your Account. We may still keep some of your details in our database to the extent that they have been shared with your contacts and they choose to keep this data.
(b) We have the right to terminate our relationship at 30 days notice. If your conduct or use of the Service endangers Lessn or other users, we will remove your access instantly.
(c) No termination of this Agreement shall impact any rights or obligations (including payment obligations) that have accrued at the date of termination. Definitions
“Agreement” means this agreement and its schedule, together with any policies and documents incorporated by reference.
“Application” means any online application developed for or by Lessn for Entities, Businesses, Payees and Payers to access the Lessn Platform.
“Automatic Payment” a payment, through the Nominated Payment Source you have chosen, that we will automatically charge directly to your nominated account.
“Card” means any Australian card issued by Visa, MasterCard or American Express.
“Consequential Loss” means any loss, damage or costs incurred that is:
(i) indirect or consequential; and
(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Lessn directly in respect of this Agreement.
“Fees” means any fees charged by us, as described in this Agreement and set out in Schedule 1.
“Lessn“, “we”, “us” or “our” means HospoPay Pty Limited T/A “Lessn” ACN 640 610 117, and can include a Lessn Affiliate where applicable.
“Lessn Account” or “Account” means an account that Lessn creates to uniquely identify you and to enable you to use our Products.
“Lessn Affiliate” means a related body corporate or related entity of Lessn, including one in another jurisdiction.
“Lessn Platform” means the software and technology platform provided by Lessn to Enties and Suppliers, Businesses, Payees and Payers, for the payment and reconciliation of Invoices and Business Expenses.
“Goods” means any goods or services provided by a Supplier to an Entity or Business from time to time, which are the subject of an Invoice that is paid or payable through the Lessn Platform on behalf of a Member.
“GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Interested Persons” means Lessn and its related bodies corporate and its and their respective employees, directors, representatives, agents and service providers.
“Invoice” means an invoice generated for the purchase of Goods from a Supplier or Payee.
“Member” means an eligible person who is registered as a user of the Lessn Platform pursuant to this Agreement.
“Order” means a request submitted by you to a Supplier to purchase goods or services from a Supplier, in respect of which an Invoice is generated and uploaded to the Lessn Platform for payment.
“Nominated Payment Source” means [the relevant direct debt or credit card payment source nominated by the Venue or Business for the payment of Invoices and approved by Lessn
“Outstanding Invoice Amount“, at a given point in time, means the dollar amount of the Total Invoice Value which remains outstanding by a Venue (net of any early repayments) to a Supplier.
“Product” has the Lessn Platform and all associated products and services provided by Lessn of any Lessn Affiliate (including payment and invoice management products).
“Subscription Fees” mean the fees set out in Schedule 1.
“Supplier” means a provider of goods or services which is registered as a supplier or Payee on the Lessn Platform.
“Total Invoice Value” means the total gross amount of your Order (in Australian dollars) as set out in the Invoice for the Order (including GST and before any refunds may be applied).
“Website” means www.hospopay.com and any other website operated by Lessn, including the Lessn application on which the Lessn Platform is provided.
“You” or “Your” means the Business, Trust or Entity or the person identified as the owner of the BusinessTrust or Entity (or authorised by the owner of the BusinessTrust or Entity) when a Lessn Account is created.