Terms and Conditions - pay.com.au

Terms and Conditions

PAY.COM.AU TERMS AND CONDITIONS

Last updated 12/05/2022

Pay.com.au Pty Ltd ACN 639 316 546 (Pay.com.au, we, our or us) operates and controls the Website, and provides the Services, including the use of the Platform, to customers (Customer, you or your) in accordance with these terms and conditions, including any annexure to them (Terms), and the Rules.

By using the Website, signing up for a Pay.com.au Account or using the Services or the Platform, you agree that you are bound by these Terms and agree to the Rules and our Privacy Policy as amended from time to time. If you disagree with these Terms, you must not use the Platform or the Services, give any Payment Instruction to Pay.com.au or otherwise ask us to provide the Services.

These Terms operate in addition to any agreement that you have in place with a third party such as the provider of a Valid Card, the issuer of a Bank Account or Reward Program, or a Nominated Payee.

DEFINITIONS

In these Terms, unless the context requires otherwise:

  • ABN means Australian Business Number.
  • Authorised Payer means a person (who may be your agent or employee) that you have authorised to use your Pay.com.au Account and to submit Payment Instructions on your behalf.
  • Bank Account means a bank account linked to your Pay.com.au Account in relation to which you have given authority via the Platform.
  • Banking Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
  • Eligible Payment means a payment through the Platform that may result in you earning PayPoints. An Eligible Payment does not include payments made to yourself, payments that are not made for business purposes, failed payments, cancelled payments, disputed payments, subsequently refunded payments or recalled payments.
  • Employer Payment Processing Service means the service of facilitating Employment Payments from employers to their employees, which service is provided by us in accordance with the  terms and conditions set out in Annexure 1.
  • Employment Payment means all salary, wages and other employment-related payments, including (but not limited to) commission, bonus, termination, notice or leave payments, as well as any payment of entitlements by you to your employees.
  • Fees means any fee payable by you to Pay.com.au in relation to a Service.
  • Force Majeure Event means any acts, events, omissions or accidents beyond our reasonable control, including, without limitation an act of God, fire, flood, pandemic, explosion or accidental damage, law imposed by any government, actions or omissions of third parties or any malicious code interfering with the Platform or Services, or other cyber-attack.
  • Pay.com.au Account means your online account with Pay.com.au which enables you to use the Platform and access the Services.
  • Intellectual Property Rights means all intellectual property rights of any type whatsoever throughout the world including all present, future, registered and unregistered rights which subsist in copyright, patent rights, trademark rights and design rights.
  • Invoice Amount means the amount you direct us to pay to a Nominated Payee in a Payment Instruction and where applicable, includes an Employment Payment.
  • KYC Procedures means the “know your client” identification and verification procedures that we undertake.
  • Member means an individual that holds a PayRewards Account, who is either a director, shareholder, partner or principal of the Customer.
  • Nominated Payee means the payee that is nominated by you in a Payment Instruction to whom you instruct us to remit the Invoice Amount.
  • Partner Rewards means a reward or benefit offered by a PayRewards Partner which you can access by redeeming PayPoints.
  • Pay.com.au Account means your online account with Pay.com.au which enables you to use the Platform and access the Services.
  • PayPoints means the PayRewards loyalty points issued to the elected individual associated with the Pay.com.au Account in accordance with the PayRewards Terms.
  • PayRewards means the Pay.com.au loyalty program that enables you to earn PayPoints in your individual capacity as a Member.
  • PayRewards Partner means a third party that offers its own loyalty program and who has an arrangement with Pay.com.au so that Customers can redeem PayPoints for Partner Rewards. PayRewards Partners include, but are not limited to, Qantas and Singapore Airlines.
  • Payment Instruction means an instruction via the Platform to process a payment to a Nominated Payee which you fund using your Valid Card or Bank Account.
  • PayRewards Terms means the terms and conditions governing PayRewards.
  • Platform means the Website and underlying software through which you may access and use the Services.
  • Platform Contact Details means the contact details that you have provided to us.
  • Premium Subscription Services includes the following services that a Customer subscribed to the Premium subscription may access:
    • Premium account management service
    • PayTravel points booking service (capped)
    • Points advice, where our team will provide your business with a strategy to maximise the points it can earn, including PayPoints.
  • Pricing Schedule means the pricing schedule setting out the Fees and available on the Website, /pricing/, as varied from time to time.
  • Privacy Policy means the Pay.com.au privacy policy available on our website, as varied from time to time. See here Privacy Policy.
  • Prohibited Industry means the prohibited industries listed on our website, as updated from time to time. See here Prohibited Industries.
  • Prohibited Payment means any payment made in connection with one or more of the Prohibited Industries, or otherwise in connection with any illegal or improper purpose.
  • Regular Subscription Services includes the following services that Customers subscribed to the Regular Subscription may access:
    • PayTravel points booking service (capped)
    • Points advice, where our team will provide your business with a strategy to maximise the points it can earn, including PayPoints.
    • Points advice, where our team will provide your business with a strategy to maximise the points it can earn, including PayPoints.
  • Reward Program means a third party reward or loyalty program through which you earn points or other benefits through use of a Valid Card.
  • Rules means the policies, rules and procedures of Pay.com.au which relate to the Services and/or Platform, and deal with matters not dealt with in these Terms, or alternatively expand on matters set out in these Terms. The Rules will be published on the Website and apply as amended from time to time.
  • Services means the services provided by us to you, including but not limited to the services set out in these Terms under the heading ‘Our Services’ and any ancillary services provided by us from time to time.
  • Strategy Advice means advice provided by us in relation to how your business can benefit from Reward Programs.
  • Subscription Fee means the monthly fee payable for the Service in accordance with the Pricing Schedule, as varied from time to time.
  • Valid Card means the credit card that is eligible for use on the Platform and that you provide the details for in a Payment Instruction. The Valid Card must be issued by an Australian issuer.
  • Valid Card Provider means the financial institution or entity which issued the Valid Card used by you when you instruct us to pay an Invoice Amount.
  • Website means the website located at pay.com.au.

OUR SERVICES

  1. Our Services include the following:
    1. Consulting services in relation to maximising the benefit of reward programs
    2. Payment processing services
    3. Employer Payment Processing Service
  2. We also provide the PayRewards Program. The PayRewards Program is offered to Members, in accordance with the PayRewards Terms.

Consulting Service

  1. Strategy Advice will be based on information you provide to us about your business and our research regarding Reward Programs. It the responsibility of your business to consider whether any advice we provide regarding your use of a Reward Program is appropriate for your business.

Payment Platform

  1. We process payments via the Platform which allows you to use your Valid Card to pay us so that we can pay, on your behalf, an Invoice Amount to a Nominated Payee that may not otherwise accept your Valid Card or Bank Account as a payment method. This allows you to earn points on transactions for which you may not otherwise be able to earn points. We may also process a payment from a Bank Account via the Platform on your behalf.
  2. The Platform can only be used to make payments for business expenses and for no other purpose. The Nominated Payees you nominate to make payments to must hold an Australian bank account, and the payment must relate to a business expense. Examples of Nominated Payees are merchants, suppliers, contractors, the Australian Taxation Office and the trustee of an employee’s superannuation fund.
  3. You must fund payments you instruct us to make using your Valid Card or Bank Account. We do not allow Customers to make payments to us via foreign bank accounts, foreign cards or cash.

Employer Payment Processing Service

  1. The Employer Payment Processing Service is provided in accordance with and governed by the terms and conditions in Annexure 1.

CUSTOMER ELIGIBILITY

  1. Only Customers who hold a registered Pay.com.au Account may use the Services.
  2. To be eligible to use the Platform and access the Services, you must:
    1. be resident in Australia;
    2. be capable of forming a legally binding contract;
    3. hold a valid email address;
    4. have a contactable mobile phone number;
    5. hold a current ABN;
    6. be either
      1. a body corporate registered in Australia;
      2. a partnership;
      3. an Australian government body;
      4. an association (incorporated or unincorporated); or
      5. an individual who is at least 18 years old.
  2. We may, in our sole and absolute discretion, refuse to register your Pay.com.au Account, register you as an Authorised Payer or otherwise provide you with Services. Pay.com.au may do this even if you meet the eligibility requirements above. We retain the right to ask for further information or to set further requirements that may be reasonably necessary to protect Pay.com.au’s interests.

NOMINATED PAYEES

  1. You may only use the Services to make Payments to Nominated Payees.
  2. com.au reserves the right to determine the categories of Nominated Payees that Pay.com.au may agree to pay on your behalf. Pay.com.au may, but is not required to, publish these on the Platform, from time to time.
  3. You may add or remove a Nominated Payee via the functionality contained in the Platform.
  4. When adding a Nominated Payee, you must provide Pay.com.au with the information that Pay.com.au requests in relation to the Nominated Payee. Such information may include, but is not limited to:
    1. their legal name, trading name, address, phone number, email address and other contact details;
    2. a contact name and that person’s contact details;
    3. their bank account details (for fund transfers) or other payment details; and
    4. ABN and ACN.
  5. com.au may, in its sole and absolute discretion and without the provision of reasons, reject your nomination of any person as a Nominated Payee.

YOUR PAY.COM.AU ACCOUNT

  1. You must register for a Pay.com.au Account to access the Services. You can register for a Pay.com.au Account online via the Platform by providing the necessary information, answering the mandatory account-opening questions, selecting a subscription level and accepting these Terms and our Privacy Policy.  We may, in our sole discretion, refuse to open a Pay.com.au Account.
  2. Your Pay.com.au Account will enable you to login to the Platform to manage your Pay.com.au Account, use the Platform and Services, and to manage other user details regarding your relationship with us. For example, you may store the details of a Valid Card or Bank Account on your Pay.com.au Account so that you can use those details for each Payment Instruction.
  3. You agree to comply, and you will ensure that any Authorised Payer will comply, with all requests to provide Pay.com.au with any information and other documents requested by Pay.com.au in accordance with anti-money laundering regulation and our KYC Procedures and anti-money laundering policies, to assist us to verify the identity of you and any Authorised Payer, Nominated Payee and/or holder a Bank Account. You permit us to keep a record of such information and to share it with third parties for the purpose of verifying the information.  You agree that your access to one or more of the Services may be suspended or terminated as a result of information we collect on an ongoing basis. You authorise us to make inquiries, both directly and through third parties as we consider necessary, to verify your identity and the identity of any Authorised Payer,  Nominated Payee or holder of a Bank Account, and to protect you and/or us against fraud or other financial crime. You agree that we may take any action we deem necessary based on the results of such inquiries.
  4. You warrant that all information provided to us in the setup of your Pay.com.au Account is true and correct and agree to keep us updated if any of the information you provide changes.
  5. You are responsible for protecting and maintaining the security of your Pay.com.au Account, including your Pay.com.au Account login and password, your Valid Card and Bank Account details and your data against any theft, fraud or illegal activity. You must ensure that your Authorised Payers use a password for the Services which is not used by them for other purposes and that  they will keep the password secret.
  6. You acknowledge and agree that we may require you to confirm your Valid Card or Bank Account by completing a confirmation process, which will require you to confirm the amounts of two small deposits made by us to you (each between $0.01 and $1.00 AUD).
  7. You must not, and you must ensure that an Authorised Payer does not, use your Pay.com.au Account, the Platform or our Services in a fraudulent manner or in any way that may breach these Terms.
  8. You agree that you will only maintain one Pay.com.au Account in relation to your use of the Services and the Platform. We acknowledge that more than one Authorised Payer may use your Pay.com.au Account. We are entitled to assume that any person that submits a Payment Instruction from your Pay.com.au Account is an Authorised Payer and the Payment Instruction is given with your authority.
  9. You agree that we may place limits on your Pay.com.au Account, including transaction limits and restricting the Nominated Payees that you can pay.

PLATFORM SUBSCRIPTION

  1. When you register for a Pay.com.au Account, subject to your application being accepted, you will given a 30-day free trial to use the Platform.
  2. After the 30-day free trial, you will be asked to select between three subscription levels: Free, Regular and Premium.
  3. The Fees will vary according to your subscription level. You can change subscription levels at any time via your Pay.com.au Account.
  4. A Subscription Fee is payable for the Regular subscription and the Premium subscription as consideration for the Regular Subscription Services and the Premium Subscription Services respectively. If you select the Regular subscription or the Premium subscription when prompted after your free trial, you will be required to provide details of your Valid Card or Bank Account. Customers subscribed to the Regular subscription or the Premium subscription will also pay cheaper Fees in accordance with the Pricing Schedule.
  5. The Subscription Fee will be charged every three months in advance based on the date that you were granted a Pay.com.au Account. For example, if you are granted a Pay.com.au Account on 25 January, you will be charged on 25 April, or the first business day immediately following that day. The Subscription Fee may also be charged on a pro-rata basis for the quarter based on when you signed up and decide to then later select a subscription plan.
  6. We may decrease Subscription Fees or waive Subscription Fees for promotional purposes from time to time. If we waive or reduce Subscription Fees for you, we reserve the right to vary the Regular Subscription Services and the Premium Subscription Services that you may receive.
  7. We will provide at least 3 months’ notice of any fee increase.
  8. The Subscription Fee is not refundable. For the avoidance of doubt, if you cancel or downgrade your subscription, we will not refund Subscription Fees paid in advance. You will continue to have access to the Regular Subscription Services or the Premium Subscription Services (whichever is applicable) until the end of the three-month period in relation to which the Subscription Fee has been paid.

HOW TO USE OUR SERVICES

Consulting

  1. You can request Strategy Advice via the Platform by signing into your Pay.com.au Account and following the relevant prompts.
  2. We require information about your business before we can provide you with tailored Strategy Advice. We will contact you using your Platform Contact Details after receiving a request for Strategy Advice and to obtain the necessary information. Strategy Advice will be based on the information that you provide.

Payment of Invoice Amounts via the Platform

  1. Our Services allow you to pay Invoice Amounts to a Nominated Payee using a Valid Card or Bank Account by using us as a payment intermediary.
  2. To initiate a payment, you must submit a Payment Instruction via your Pay.com.au Account by following the prompts. You must provide us with all of the information necessary for us to make the payment to the Nominated Payee in the Payment Instruction, including but not limited to your details, the amount, the payment reference, Nominated Payee BSB and bank account number or BPAY Biller Code.  You give us permission to store this information for the purpose of future Payment Instructions. For the avoidance of doubt, we will not debit any amount from a Valid Card or Bank Account without a Payment Instruction.
  3. When you submit a Payment Instruction, you authorise us to pay the Nominated Payee on your behalf. You acknowledge that we will not make a payment on your behalf to a Nominated Payee until such time as we receive cleared funds in our account equal to the Invoice Amount and our Fees for making the payment.  You must ensure that your Valid Card and/or Bank Account has sufficient credit or funds at all times to ensure that we will receive cleared funds in that amount before we act on your Payment Instructions.
  4. You are solely responsible for the provision and confirmation of correct payment details. We will not be liable for any payment made in accordance with details provided by you in a Payment Instruction.
  5. We will process a Payment Instruction once we have cleared funds in our account equal to the Invoice Amount and our Fees for making the payment, which is usually within 2 Banking Days of the Payment Instruction being received. We are not obliged to process a Payment Instruction before receiving cleared funds, after normal banking transaction times or on any day that trading banks or card schemes are not open for business. We will process the banking transaction on the next day the relevant trading bank(s) or card scheme(s) is open for business. We are not liable or responsible if any delay, postponement or rejection of a Payment Instruction results in you failing to pay an amount to a Nominated Payee by the date it is due.
  6. We reserve the right to refuse or postpone any Payment Instruction for any reason and at any stage of the transaction process, in our absolute discretion.
  7. If payment from a Valid Card or Bank Account has been initiated before we refuse to complete your Payment Instruction, we will refund the Invoice Amount in full. In our absolute discretion, we may refund some, all or none of our Fees.
  8. We do not guarantee that any Payment Instruction will be executed, accepted or recorded. You agree that we will not be liable in respect of any failure, refusal or postponement of a Payment Instruction. If we refuse or postpone a Payment Instruction, we will contact you to advise you of the refusal or postponement but are not required to provide you with any reason.
  9. You acknowledge that we may use third party service providers to complete a Payment Instruction and that you may be required to agree to the terms and conditions of a third party service provider in order for us to provide you with the Service.
  10. We only accept and make payments in Australian dollars.

HOW WE MAKE PAYMENTS AND HOLD YOUR FUNDS

  1. Payment of the Invoice Amount to a Nominated Payee is made by you paying the Invoice Amount plus applicable Fees to Pay.com.au by the Valid Card or Bank Account, and Pay.com.au remitting the Invoice Amount to the Nominated Payee.
  2. Any payments to Pay.com.au (which enable us to complete a Payment Instruction on your behalf) will appear on your Valid Card accounts as a “purchase” from Pay.com.au.
  3. You acknowledge and agree that when you make a payment, Pay.com.au will charge your Valid Card or Bank Account (depending on your Payment Instruction) for the Invoice Amount plus any related Fees.
  4. We use a third-party merchant facility to process credit card and debit card transactions. We have no control over third-party providers we engage and are not responsible for any delay in processing a Payment Instruction caused by a third-party provider, including but not limited to our merchant facility, or the issuer of your Valid Card.
  5. You agree that once we receive funds in relation to a Payment Instruction, the funds are our property. We do not hold any amount on your behalf, whether on trust or otherwise, and we do not hold any funds in a trust account. Our obligation to complete a Payment Instruction and remit the Invoice Amount to the Nominated Payee on your behalf is a contractual obligation owing to you by Pay.com.au. To the extent permitted by law, we have no other obligation to you in relation to Payment Instruction or Invoice Amount received.
  6. All funds which we receive from customers may be mixed in Pay.com.au’s bank accounts. Pay.com.au will not hold your funds distinct from any other customer’s funds. In accordance with these Terms, once we receive a payment from you (on any account whatsoever) the proceeds of that payment become our property.

CANCELLING OR REFUNDING PAYMENTS

  1. A Payment Instruction can be stopped or reversed by cancelling the Payment Instruction through your Pay.com.au Account prior to 11.00 am the day following the Payment Instruction being submitted.
  2. We cannot stop or reverse a payment to a Nominated Payee once it has been processed by our third-party merchant facility. If we reverse a Payment Instruction or refund any payment received by us, the amount refunded will be limited to the Invoice Amount. Any Fees paid in respect of the stopped or reversed Payment Instruction will not be refunded if those amounts have already been charged to your Valid Card.
  3. You acknowledge that any remittance of an Invoice Amount by us in accordance with a Payment Instruction is done on your behalf. If you have a dispute with the Nominated Payee concerning a payment or transaction after a Payment Instruction has been processed, you are responsible for recovering any amount that you wish to recover from a Nominated Payee that has been remitted by us. You release and indemnify us from and against any dispute or claim arising from a payment to a Nominated Payee, including any payment you allege is not actually due or payable. Any Fees paid by you to us in relation to a disputed payment are not refundable under any circumstances.
  4. You acknowledge that any Invoice Amount paid to us that is subsequently disputed or reversed, or which we are required to refund to you by the issuer of the Valid Card, may not be forwarded to, or may be recalled by us from, the Nominated Payee. If your intended payment to the Nominated Payee is stopped or recalled or recovered by us you may still be obliged to pay such Invoice Amount to the Nominated Payee under the terms of your agreement with the Nominated Payee. If we are unable to recall or recover funds that have been disputed or reversed, you are responsible and liable to pay us any outstanding amounts owed to us, which may include but are not limited to Fees in relation to processing the relevant Payment Instruction.

CHARGEBACKS & REVERSALS

  1. You acknowledge that if the funds you pay to Pay.com.au for us to complete a Payment Instruction are not received by us (in clear funds), or are otherwise reversed or charged back, we may consequently suffer loss and damage, in an amount being no less than the Invoice Amount and Fees in relation to the relevant Payment Instruction.
  2. To the extent permitted by law, and to the extent permitted by Pay.com.au’s agreements with its banks and merchant facility providers, you agree not to seek a credit card chargeback or payment reversal in respect of any payment by you to Pay.com.au which relates to a Payment Instruction given to us.
  3. You hereby indemnify Pay.com.au, and keep Pay.com.au indemnified, against all loss, cost, expense or damage, which we suffer or incur as a direct or indirect result of any payment which you make to Pay.com.au, or which Pay.com.au makes on your behalf, in respect of any Payment Instruction being reversed, charged back, or otherwise not received by Pay.com.au.
  4. You agree that:
    1. we may, in our sole and absolute discretion, charge your Valid Card or Bank Account for the amounts indemnified under these Terms
    2. if we require, you will provide us with appropriate security in respect of potential losses which we might incur, and which you are to indemnify us against under these Terms
    3. if we require, you will procure that you, your directors, officers or other related third party, provide us with a separate guarantee and indemnity (on terms specified by us) in respect of the performance by you of your obligations under these Terms.

YOUR VALID CARD

  1. You are responsible for ensuring that the entity (for example, a bank or other card issuer) issuing your Valid Card will fulfil payments required to complete a Payment Instruction authorised by you.
  2. We are not liable for any failure by any entity issuing the Valid Card. You acknowledge that the entity issuing the Valid Card may not permit the use of the Valid Card to process payments via the Platform. You are liable for any and all expense, damage or loss incurred by us in the event of the misuse or unauthorised use or non-permitted use of the Valid Card by you and you must reimburse such amounts to Pay.com.au.
  3. You are deemed to have provided us with unconditional authorisation for the Valid Card to be debited or charged with the Invoice Amount and the corresponding Fees when you submit a Payment Instruction.
  4. You are responsible for ensuring that the Payment Instruction, the reason for the Payment Instruction and the Nominated Payee are permitted under the terms of your Valid Card including prohibitions that card issuers apply to the use of the Valid Card for the payment of finance, debt-related or illegal activities.
  5. We are not liable for any fraudulent or non-permitted use of your Valid Card. You must notify us immediately if your Valid Card is lost, stolen or otherwise compromised by emailing support@pay.com.au. If we receive such notice, you authorise us to take reasonable steps to cancel any pending Payment Instructions using that Valid Card and we may refuse to accept new Payment Instructions using the Valid Card.

YOUR BANK ACCOUNTS

  1. A Customer may link more than one Bank Account to their Pay.com.au Account, subject to:
    1. The Customer having authority to access and use the Bank Account, including in relation to any Eligible Payment made via the Platform
    2. The Customer confirming their authority to access and use the Bank Account
    3. The Customer agreeing to the current Terms.
  2. We may refuse to add a Bank Account, and may play conditions or restrictions on a Customer’s ability to add a Bank Account, in our sole discretion.
  3. You are responsible for ensuring that the details of any Bank Account that you link to your Pay.com.au Account are correct.
  4. You represent and warrant that you are authorised to access any Bank Account that you link to your Pay.com.au Account. You agree that any payment from you to us from your Bank Account to complete a Payment Instruction, including in accordance with a direct debit authority, and the subsequent remittance to the Nominated Payee is based on your instruction and done on your behalf, and that you are responsible for the transaction.
  5. We are not liable to any person for any fraudulent or non-permitted use of a Bank Account. You must notify us immediately if your Bank Account is compromised by emailing support@pay.com.au. If we receive such notice, you authorise us to take reasonable steps to cancel any pending Payment Instructions using that Bank Account and we may refuse to accept new Payment Instructions using the Bank Account.

FEES

  1. You agree that you will pay our Fees as charged from time to time.

Consulting fees

  1. We will charge a Fee for each Strategy Advice that we provide in accordance with our Pricing Schedule or as otherwise agreed in writing. The Fee will be payable within 7 days of a Strategy Advice being provided, or as otherwise agreed, and will be debited from your Valid Card.

Transaction fees

  1. We will charge a Fee for each Payment Instruction submitted by you. The Fees will be charged in addition to the Invoice Amount charged to your Valid Card.
  2. The Fees charged will differ depending on your subscription level, in accordance with the Pricing Schedule, as varied from time to time.

Subscription fees

  1. We will charge a flat subscription fee based on your level of subscription in accordance with the Pricing Schedule.

Other fees

  1. We are not liable to pay for any fees associated with your Valid Card. We will pass on any fee charged by the issuer of your Valid Card paid by us in processing the Payment Instruction.
  2. You agree to pay any additional fee charged by a third party and paid by us in relation to processing a Payment Instruction, including but not limited to any dishonour fees, and instruct us to deduct the amount of any such fee directly from your Valid Card or other payment method set up via your Pay.com.au Account.

PROHIBITED USES

  1. The Platform is intended to be used by Customers for business purposes only. The Platform must not be used for any other purpose, including but not limited to one related to a Prohibited Industry, investment, trading, gambling or other purposes that may present a high risk of the Platform being used to launder money or finance terrorism.
  2. You must not use the Platform to make a Prohibited Payment, or to pay yourself. If you are a company, you must not use the Platform to make a payment to a subsidiary or related entity, related shareholders or directors.

CUSTOMER REPRESENTATIONS

  1. You represent and warrant that:
    1. you will use the Website, Services and/or Platform in accordance with these Terms
    2. if you are an individual, you are 18 years or older and capable of entering into a legally binding agreement
    3. if you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so
    4. all Authorised Payers have been validly appointed by the Customer, and the Customer will immediately notify Pay.com.au if a person ceases to be an Authorised Payer
    5. you are not using an anonymous network to access the Website, Platform or Services
    6. all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify us of any changes to such information
    7. you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them
    8. you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws)
    9. your use of the Website, Platform and/or Services, including the submission of Payment Instructions, does not infringe the rights of any third party or breach any applicable law
    10. you are authorised to initiate Payment Instructions and to use the Valid Card(s) and the Bank Account(s)
    11. you will not use the Website or Platform to make a Prohibited Payment or for any illegal or improper purpose including money laundering, tax evasion or the financing of terrorist activities
    12. you will not use the Website or Platform to pay for goods or services that have not yet been received or delivered, or to pay for goods or services that otherwise breach the conditions in relation to the use of your Valid Card
    13. you have regular access to the internet and consent to us providing you any information, including notice, via the Website or Platform. We may also contact you at the email address associated with your Payment Instruction. It is your responsibility to ensure that your contact details are current and up to date at all times, and to check for communications and information from us.

YOUR RELATIONSHIP WITH PAY.COM.AU

  1. In relation to our payment processing service, you acknowledge that our principal role in relation to the Services is to receive payments from you and/or an Authorised Payer via your Valid Card(s) and/or Bank Account(s), and to remit the Invoice Amount in accordance with a Payment Instruction on your behalf to a Nominated Payee. Pay.com.au is not:
    1. acting as trustee on your behalf
    2. your partner, employee, agent or joint venturer
    3. responsible in any way for the provision of goods or services by Nominated Payees to you or the operation of a Reward Program.
  2. You acknowledge that Pay.com.au is not a bank or other financial institution, and that it does not hold an Australian Financial Services Licence.

REWARD PROGRAMS

  1. We enable you to use your Valid Card to make payments via the Platform to earn reward points from the applicable Reward Program(s) related to your Valid Card. You acknowledge that we are not responsible for, and have not made any warranty in relation to, the benefits that you may accrue from Reward Programs.
  2. We are not responsible or liable for any failure in relation to a Valid Card or Reward Program.
  3. We do not guarantee that loyalty points will be earned in relation to a Payment Instruction. You agree that the existence or extent of benefits (including but not limited to reward points) from using a Valid Card will depend on the terms and conditions relevant to the relevant Reward Program and the Valid Card.
  4. We are not agents, representatives or promoters of the third-party Reward Programs. It is your responsibility to read any terms and conditions that apply to a Reward Program.
  5. Information that we provide to you, including on our Website, in relation to Reward Programs has been obtained from third-party providers. We are not responsible for any misrepresentation or false information obtained from third parties.

GENERAL TERMS OF USE

  1. You will not, and you will not permit any other person (including but not limited to any Authorised Payer) to:
    1. use or access the Website, Platform or Services in a way that infringes our intellectual property rights or the intellectual property rights of any other person
    2. use any anonymous network or protocol to access the Website, Platform or Services by any means other than the interfaces we provide for doing so
    3. use any method or process to consolidate or combine the Website or Platform with any other content, data, information, images or material
    4. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Platform
    5. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website or the Platform for any period of time
    6. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform
    7. do anything which will or may place an unreasonable load on the infrastructure of the Website or Platform
    8. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using the Website or Platform
    9. use the Website, Platform or Services to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform
    10. impersonate any person or entity
    11. use the Website, Platform or Services for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing
    12. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or Platform
    13. otherwise use the Website, Platform or Services for any purpose that may harm our reputation.

SUSPENSION AND TERMINATION OF YOUR PAY.COM.AU ACCOUNT

  1. We may suspend or terminate your Pay.com.au Account or your access to the Platform, or otherwise refuse to provide our Services to you, at any time without notice if we believe that you have breached these Terms or any other applicable laws.
  2. Suspension or termination of your Pay.com.au Account does not affect the payment of Fees or other amounts that you may owe us. If your Pay.com.au Account is suspended, we will immediately cancel all Payment Instructions associated with your Pay.com.au Account and will not accept the placing of further Payment Instructions.

NO GUARANTEE

  1. We take reasonable steps to ensure we can deliver the Website, Platform and the Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
    1. the Website, Platform or Services, or any information or other material accessible through our Platform, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component
    2. there will be operational stability, availability or continuation of the Website, Platform or the Services
    3. the Website, Platform or our computer systems are safe from hacking
    4. your use of the Website, or the Authorised Payer’s use of the Website, Platform and the provision of the Services will not infringe the rights of any third party.
    1. In addition, the Website, Platform and/or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:
      1. down-time and/or maintenance of the Website or Platform and their functions
      2. outages to the internet, networks or servers
      3. equipment failure, including the failure of third-party systems
      4. a Force Majeure Event.
  1. We are not required to notify you of any malfunction in the Website or Platform, or if any Service is limited, restricted or ceases.

LIMITATION OF LIABILITY

  1. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.
  2. You acknowledge that we have not made any warranty that the Services and/or the Platform will be error free.
  3. You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms or other legal wrong, and that any liability (however arising) we may have to you is limited in accordance with these Terms.
  4. Except as otherwise provided for in these Terms, the liability of Pay.com.au, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the Invoice Amount of the Payment Instruction(s) in dispute.
  5. We are not responsible for late payment fees or any other charges applied by a Nominated Payee or any other party arising from your use of the Platform, regardless of why the fee was applied.
  6. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You acknowledge that you should always log into your Pay.com.au Account through the Platform if you are uncertain about the authenticity of any communication or notice.
  7. We are not liable for any breach of these Terms where the breach is due to a Force Majeure Event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
  8. We are not liable for any Reward Program that we recommend or in relation to which we provide information.
  9. We make no representations in relation, and are in no way liable for, any tax consequences or liabilities resulting from your use of the Services.
  10. You acknowledge that you will always log into your Pay.com.au Account through the Platform if you are uncertain about the authenticity of any communication or notice and that Authorised Payer will do the same.
  11. The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Platform and the Services, however to the extent we are permitted by law to do so, we limit our liability under such obligations to (in our discretion) resupplying the relevant Service or the cost of resupplying the relevant Service.

INDEMNITY

  1. You indemnify Pay.com.au and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly or indirectly arising out of your failure, or the failure of an Authorised Payer, to comply with these Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will apply regardless of whether a Payment Instruction was provided in error but will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Pay.com.au.
  2. You agree to indemnify Pay.com.au for any Loss we incur due to person’s unauthorised use of your information.
  3. You agree to indemnify Pay.com.au for any Loss we incur due to you providing incorrect details, including in relation to a Valid Card or Bank Account.
  4. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms.

PRIVACY

  1. We will collect, use and store your personal information in accordance with our Privacy Policy(as varied from time to time).
  2. Without limiting our Privacy Policy, you acknowledge that you expressly authorised us to disclose any of your personal or payment information or other data to a Nominated Payee or to any bank, card issuer, payment processor, rewards or loyalty program, or service provider used by Pay.com.au for the purpose or operating the Platform or providing our Services.

INTELLECTUAL PROPERTY

  1. You acknowledge that we are the owner of all Intellectual Property Rights which subsist in your Pay.com.au Account and the Platform. You acknowledge that you have no Intellectual Property Rights in your Pay.com.au Account or in the Platform.
  2. You agree to grant Pay.com.au a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information which we hold, in any media so that Pay.com.au may adequately provide the Services to you.

CONTACTING US

  1. If you have any feedback, questions, or complaints, contact us via the Platform or by emailing support@pay.com.au.
  2. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Pay.com.au Account, and the transaction on which you have feedback, questions, or complaints.
  3. Any notice will be deemed to have been received on the third banking day after posting.

VARIATION

  1. We may vary these Terms by providing 7 days advance notice via the Platform, or any other means, at any time. You will be taken to have accepted any changes to the Terms by continuing to use the Platform and Services 7 days after that notice is provided.
  2. You acknowledge that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Platform, the Services or any Pay.com.au Account or Payment Instruction or to comply with law or regulation or to manage a technical or system fault or error.

MISCELLANEOUS

  1. Third parties may have their own terms and conditions that you will be required to agree to and comply with in order for us to provide the Services. If you do not agree to the relevant third party’s terms and conditions, we may not be able to provide you with the Services.
  2. Nothing on the Website or the Platform is intended to be, or should be taken as, financial, legal, taxation or accounting advice. Customers should seek their own financial, legal, taxation or accounting advice as needed, and before using the Platform or receiving the Services.
  3. You are liable for any and all taxation implications relating to the Services, including your participation in any rewards or loyalty program, which may result in you receiving reward points or other benefits as a result of using our Services.
  4. We may assign all or part of our agreement with you without your consent and without notice to you. You may not assign our agreement with you without our consent.
  5. These Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to these Terms.
  6. If any provision of these Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these terms will not be affected.

Annexure 1: Employer Payment Processing Service

  1. Where we have agreed to provide you with the Employer Payment Processing Service, the terms and conditions set out in this Annexure 1 are incorporated in the Terms. If there is an inconsistency between a provision in this Annexure 1 and the main Terms, the provision in this Annexure 1 will apply.
  2. You acknowledge and agree that:
  3. the Employer Payment Processing Service will be used by you solely for the purpose of paying Employment Payments to your employees via the Platform;
  4. each employee to whom you instruct us to make an Employment Payment is based in Australia, and has entered into an employment agreement with your business;
  5. the terms of the employment agreement between you and each employee to whom you instruct us to make an Employment Payment comply in all respects with the requirements of Australian laws;
  6. you are solely responsible for calculating the amount of each Employment Payment transferred to your employees via the Platform, including (but not limited to) calculating any amounts of tax, superannuation or other payments or levies which are to be deducted from an Employment Payment;
  7. our role is strictly limited to paying Employment Payments to your employees in accordance with your Payment Instruction, where your Payment Instruction is submitted via the Platform; and
  8. you will, immediately, upon request by us, ensure that you comply (and provide us with evidence of your compliance) with:
    1. the Rules; and
    2. all rules, directives and instructions made by a Valid Card Provider; and
  9. you will provide us with any information which relates to the Employer Payment Processing Services, which is requested by a Valid Card Provider.
  10. Where requested by us, you will, within the time specified by us, provide us with the following information about your business:
  11. evidence of an employee who whom you instruct us to make an Employment Payment’s current employment with your business, including (but not limited to) a copy of the relevant current payroll records;
  12. evidence of all Employment Payments made by you to your employees, which were facilitated via the Platform; and
  13. any information or documents that Pay.com.au is required to obtain and/pr provide at the request of an auditor, government agency, court, tribunal, regulator, or statutory authority in relation to our provision of the Services.
  14. You agree to indemnify us in relation to all costs, legal fees, and damages incurred by us in relation to:
  15. complying with a request from a government agency, auditor, court, tribunal, regulator, or statutory authority for the provision of documents or records relating to our provision of the Employer Payment Processing Service to you;
  16. any and all disputes between you and your employees which relate to a claim by one or more of your employees made in relation to an Employment Payment which was paid to an employee via the Platform;
  17. any and all investigations or legal or administrative actions by a government agency, statutory authority, court or tribunal which relates to an Employment Payment which was paid to an employee via the Platform; and
  18. any other claims against us which relate to or flow from your use of the Employer Payment Processing Service.

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