PAYREWARDS TERMS AND CONDITIONS

Last updated 12/05/2022

Pay.com.au Pty Ltd ACN 639 316 546 (Pay.com.au, we, our or us) provides PayRewards and the Rewards Store in accordance with these terms and conditions (PayRewards Terms) and the Pay.com.au Terms (together, the Terms) as applicable. These PayRewards Terms operate in addition to the terms and conditions of Third Party Sellers or other third party service providers that may apply from time to time.

PayRewards enables Members to earn PayPoints when they use our Services in accordance with the Terms, which can be redeemed for Rewards with us and with PayRewards Partners.

By signing up for PayRewards, and using the Services or the Platform to earn PayPoints, you agree that you are bound by the Terms as amended from time to time. If you disagree or do not comply with the Terms, you must not use the Platform or the Services and will not be entitled to participate in PayRewards, including by earning PayPoints or redeeming from the Rewards Store. It is each Member’s responsibility to read and understand the Terms. You will be provided with a copy of these PayRewards Terms upon joining PayRewards.

These Terms operate in addition to any agreement that you have in place with a third party, including but not limited any provider of a Valid Card or PayRewards Partner, or Third Party Sellers.

DEFINITIONS 

In these Terms, unless the context requires otherwise:

• ABN means Australian Business Number
• Associated Business means an entity or person that holds a Pay.com.au Account, and which operates the business of which the Member is a director, majority shareholder, partner or principal.

• AUDmeans Australian dollars.

• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
• Concierge Service means the concierge service provided to Members by Quintessentially Lifestyle Pty Ltd, which includes day-to-day assistance with booking various lifestyle activities, including but not limited to available events, restaurants, accommodation and travel.
• 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.
• Fees means any fee payable by you to Pay.com.au in relation to a Service.

• GST means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999.

• 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.
• Member means any person that holds a PayRewards Account.

• Order is an offer that a Member makes to a Third Party Seller or other third party to purchase a Reward, including an offer submitted via the Rewards Store or by Pay.com.au acting as your agent when providing the PayRewards Personal Shopper service.

• Partner Rewards means a reward or benefit offered by a PayRewards Partner that a Member can access by redeeming PayPoints.
• Pay.com.au Account means an  Associated Business’s account with Pay.com.au which enables the Associated Business to use the Platform and access the Services.

• Pay.com.au Terms means the terms and conditions governing the use of the Platform and the Website, as amended from time to time, available on the Website.
• Payment Sourcemeans the bank account, credit card or debit card that is eligible for use on the Platform, and that you provide the details for in an Order. The Payment Source must be issued by an Australian issuer.

• PayPoints means the PayRewards loyalty points issued to a Member in relation to Eligible Payments and other activities in accordance with the Terms.
• PayPoints Account means your online account with Pay.com.au which enables you to participate in PayRewards and undertake Relevant Activities.

• PayPoints Balancemeans your PayPoints balance as displayed via the Associated Business’s Pay.com.au Account balance, from time to time.

• PayPoints Earn Ratio means the rate of Pay Points earned per $1.00 transacted throughout the Platform in accordance with these PayRewards Terms, as varied from time to time.

• PayRewardsmeans the Pay.com.au loyalty program that enables you to earn PayPoints.

• PayRewards Account means your online account with Pay.com.au which enables you to earn, store and redeem PayPoints.
• PayRewards Partner means a third party that offers its own loyalty program (PayRewards Partner Program) who has an arrangement with Pay.com.au so that Members can redeem PayPoints for Partner Rewards. PayRewards Partner includes, but is not limited to, Qantas and Singapore Airlines.
• PayRewards Partner Program means the loyalty or other rewards program provided by a PayRewards Partner.
• PayRewards Personal Shopper means the service provided by Pay.com.au where Pay.com.au acts as your agent to purchase a good or service from a Third Party Seller or other third party using your PayPoints.
• Personal Information has the meaning given to that term in the Privacy Act 1958 (Cth), and is information or an opinion relating to an individual, which can be used to identify that individual.
• 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.
• Privacy Policy means the Pay.com.au privacy policy available on our Website, as updated from time to time.
• Relevant Activity means an activity through which you earn or use PayPoints and includes, but is not limited to, using the Services, redeeming PayPoints for PayRewards or transferring PayPoints to another Member via your PayRewards Account.
• Reward means any good, service or other benefit that a Member can obtain by redeeming PayPoints, including via the Rewards Store, PayRewards Personal Shopper and the Concierge Service.

• Rewards Storemeans the website located at pay.com.au and underlying software through which you may submit orders to purchase Rewards using your PayPoints.
• Reward Program means a reward or loyalty program through which you earn points or other benefits through use of a Valid Card.
• Third Party Sellers means a third party that sells or otherwise offers a Reward, including via the Rewards Store, PayRewards Personal Shopper and the Concierge Service.
• Services means the services provided by us to a Member and/or to an Associated Business, including any ancillary services provided by us from time to time.
• Valid Card has the same meaning as that term has in the Pay.com.au Terms.
• Website means the website located at pay.com.au.

YOUR PAYREWARDS ACCOUNT

1. You will automatically receive access to PayRewards and be given a PayRewards Account when your Associated Business is accepted for and issued with a Pay.com.au Account.
2. You must notify Pay.com.au of any change to your Platform Contact Details or other detail as soon as practicable after the change. You can update your Platform Contact Details via your Pay.com.au Account or by emailing us.
3. You must maintain the security of your PayRewards Account and treat your password and login as confidential, and take all reasonable steps to prevent unauthorised use of, or access to, your PayRewards Account. You must notify Pay.com.au of any suspicious activity on your PayRewards Account. You acknowledge that we will not be liable for any unauthorised access to or use of your PayRewards Account.

HOW TO EARN PAYPOINTS

6. You can earn PayPoints at the PayPoints Earn Ratio by making Eligible Payments and paying the relevant fee (as applicable).
7. The PayPoints earned and the fee charged will depend on your Platform subscription, and the option selected by you when you submit an instruction to make an Eligible Payment on the Platform. Before you confirm your instruction to make an Eligible Payment, we will ask you to select one of the following two benefit options:
   1. Earn 1 PayPoint for every $1 AUD you process through the Platform, for the fee of 1.0% of the transaction value (excluding GST)
   2. Earn 2 PayPoints every $1 AUD you process through the Platform, for the fee of 1.8% of the transaction value (excluding GST).
8. For the avoidance of doubt, regardless of the option you select, you will still be required to pay any relevant transaction fee for using the Services in accordance with the Pay.com.au Terms.
9. When you earn PayPoints, we will update your PayRewards Account with the PayPoints earned.
10. We do not guarantee that PayPoints will be earned in relation to an Eligible Payment. We reserve the right to reverse or cancel any PayPoints which are credited to a Member by mistake, or which were otherwise “earned” or allocated in a manner that does not accord with the PayRewards Terms or the Pay.com.au Terms. We will not charge for any PayPoints that are not allocated to you and will refund the fee charged in relation PayPoints that are reversed or cancelled due to our mistake. For the avoidance of doubt, the fee paid to use the Services will not be refunded.
11. PayPoints may be subject to personal income or other tax assessment, including in relation to any associated business activities. Members are advised to check with their accountant or tax adviser for further information. You are liable for any and all taxation implications relating to your participation in PayRewards which may result from you receiving PayPoints or other benefits, including those associated with PayRewards Partners, as a result of your participation in PayRewards.
12. PayPoints will not be earned in relation to any payments that are cancelled or reversed. If PayPoints have already been issued to your PayRewards Account in relation to a cancelled or reversed payment, Pay.com.au may cancel those PayPoints in its sole discretion.

HOW TO REDEEM PAYPOINTS AND REWARDS

14. PayPoints can be redeemed for Rewards, including Partner Rewards, at any time via payrewards.com.au. For the avoidance of doubt, PayPoints cannot be converted to or exchanged for money.
15. We may specify exclusions and conditions (for example qualifying use of the Platform) for any Reward and we may change these from time to time.
16. Members acknowledge that:
    1. the amount of PayPoints that must be redeemed to obtain a Reward may be varied prior to redemption of the Reward without advance notice to Members
    2. all reasonable efforts will be made to ensure that information in relation to Rewards is correct, but except as required by certain statutory warranties under consumer protection laws, Pay.com.au accepts no liability for the lack of completeness or correctness of such information
    3. some Rewards may be limited in stock
    4. some Rewards may only be offered for a limited time
    5. Partner Rewards are subject to the terms and conditions of the relevant PayRewards Partner and may be subject to additional obligations, including holding an account with the PayRewards Partner
    6. additional terms and conditions of Third Party Sellers or other third party service providers or suppliers may apply to the purchase of goods or services via the Rewards Store or PayRewards Personal Shopper
    7. availability of some Rewards may be subject to capacity controls by third parties.
17. Members redeem PayPoints in order to obtain Rewards, including via PayRewards Personal Shopper, at their own discretion. Pay.com.au does not give any warranty or make any representation in relation to the underlying value of the PayPoints or any Rewards (other than the face value of vouchers denominated in dollars).

Rewards Store

15. You must be a PayRewards Account holder to access the Rewards Store and purchase Rewards using your PayPoints. You must not shop on behalf of another Member or enable another person to access your Pay.com.au Account to shop on your behalf.
16. The Rewards Store operates as a platform for Third Party Sellers. When you buy Rewards from the Rewards Store you transact directly with the Third Party Seller and Pay.com.au is not a party to the transaction.

 How to shop Rewards

17. You can shop Rewards by logging into your Pay.com.au Account through the Platform and following the prompts.
18. The price of each Reward in the Rewards Store is displayed in PayPoints. There may be an additional AUD charge for delivery, which you will be notified of before you commit to purchase a Reward.
19. The promotion of a Reward in the Rewards Store does not constitute an offer to sell by Pay.com.au. It is an invitation to treat from a Third Party Seller only. If you proceed to make an offer to purchase a Reward, there may be additional terms and conditions imposed by the Third Party Seller, including delivery and other charges, that apply to the Third Party Seller’s acceptance of your Order.
20. Rewards that are displayed in the Rewards Store are not reserved in-cart and an Order is only finalised once you have completed the checkout process and received confirmation that you have a sufficient PayPoints Balance to process and progress the Order. We will only process an Order if your PayPoints Balance is sufficient to cover the purchase and any applicable AUD payment has been authorised by your Payment Source, and where relevant, any funds due and payable by you have been transferred to the appropriate recipient.
21. After Pay.com.au confirms that you have a sufficient PayPoints Balance for an Order, we will send the Order to the relevant Third Party Seller of the Reward for confirmation. The Third Party Seller may accept or reject your Order. If the Third Party Seller accepts your Order, the Third Party Seller will confirm the Order by sending you an email to the email address you provided to us during when you signed up for a Pay.com.au Account (or subsequently updated via the Platform). If the Third Party Seller rejects your Order, we will redeposit the PayPoints that were credited from your account in respect of the Order and refund any AUD charged for shipping to your Payment Source.
22. You must carefully review your Order before submission. You are responsible for any discrepancies or errors in your Order caused by you.
23. We reserve the right to verify an Order, and to reject or cancel any Order made by you in our absolute discretion. There may also be circumstances where we are unable to fulfil your Order. If we reject or refund an Order, we will refund all PayPoints and any money (AUD) charged from your Payment Source. We are not required to provide you with reasons as to why any Order was rejected or cancelled.
24. We do not make any representations or guarantee that the Rewards displayed for purchase in the Rewards Store will be available. The Rewards may become unavailable at any time for reasons beyond our control. If a Reward becomes unavailable after you have submitted an Order, we will refund all PayPoints and any AUD charged from your Payment Source in full.
25. All payments, including payments in PayPoints and those in AUD, must be received in full before a Third Party Seller dispatches or issues a Reward.
26. Any purchase of a Rewards will include GST where applicable.

PayRewards Personal Shopper

29. You may instruct Pay.com.au to act as your agent to source and purchase a Reward form a third party using your PayPoints that is not available on the Rewards Store.
30. When you use PayRewards Personal Shopper, you acknowledge and agree that:
    1. Pay.com.au is acting as your agent and is not a party to the contract with the third party supplier or service provider
    2. Pay.com.au does not guarantee that it will be able to source or purchase any good or service
    3. Pay.com.au does not make any representation in relation to, nor is it responsible for, any Reward purchased or received using PayRewards Personal Shopper
    4. Pay.com.au reserves the right at its absolute discretion to decline a request to redeem Pay Points for a good or service via the PayRewards Personal Shopper
    5. You authorise and consent to Pay.com.au entering into terms and conditions with a third party supplier or provider as your agent as necessary for the purchase of a Reward via PayRewards Personal Shopper.
31. Before confirming an Order made via PayRewards Personal Shopper, Pay.com.au will confirm the number PayPoints required for the purchase and any additional AUD charge that may apply. Pay.com.au may require or add an additional fee for the use of the PayRewards Personal Shopper which maybe in the form of PayPoints or AUD. You must consent to Pay.com.au submitting the Order with the relevant third party on your behalf before we place an Order when using PayRewards Personal Shopper.

Concierge Service

30. If the Eligible Payment is $5,000 or more, you will be given access to the Concierge Service for the duration of the following 30 days in which you submit the instruction on the Platform for the relevant Eligible Payment.

PAYREWARDS PARTNERS

33. We partner with PayRewards Partners to enable Members to redeem PayPoints for Partner Rewards.
34. You acknowledge that:
    1. a PayRewards Partner may choose not to accept PayPoints at any time
    2. we are not responsible for, and have not made any guarantee or warranty in relation to, PayRewards Partners or other benefits that you may receive from PayRewards Partners
    3. we are not representatives of PayRewards Partners. It is your responsibility to read any terms and conditions that apply to a PayRewards Partner Program
    4. we are not responsible or liable for any failure in relation to your Valid Card or PayRewards Partner Program.
35. Information that we provide in relation to a PayRewards Partner Program has been obtained from the PayRewards Partner. We are not responsible for any misrepresentation or false information obtained from a PayRewards Partner.

  Relationship between Pay.com.au and Third Party Sellers

34. Pay.com.au facilitates the sale and purchase of Rewards with PayPoints via the Rewards Store and PayRewards Personal Shopper. The relevant Third Party Seller will be listed or otherwise disclosed in relation to each Reward.
35. Although we facilitate the transaction to purchase a Reward, Pay.com.au is not the buyer or the seller of a Reward. The contract formed at the completion of a sale for a Reward is solely between you and the applicable Third Party Seller. Pay.com.au is not a party to the contract and takes no responsibility for the sale of Rewards by Third Party Sellers.
36. You agree that as a facilitator for independent Third Party Sellers, including in our role as agent when providing PayRewards Personal Shopper, we are not responsible for the transactions that occur between you and the Third Party Seller. The relevant Third Party Seller is responsible for the sale of a Reward and for dealing with any claims or any other issue that you may have arising out of or in connection with the contract between you and the Third Party Seller to purchase the Reward.

  Gift Cards and Vouchers

37. Rewards available in the Rewards Store or via PayRewards Personal Shopper may include gift cards and vouchers. Gift cards and vouchers are valid for the period specified by the relevant Third Party Seller in the product description and must be used before the expiry date or end of the period detailed in the gift card or voucher.
38. A gift card or voucher cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed, unless the relevant Third Party Seller’s terms that relate to the gift card or voucher provide otherwise.

Responsibility and information in relation to Rewards

39. The information we provide about Rewards is based on information provided by Third Party Sellers, suppliers and/or product manufacturers. Except as required by law, including under the Australian Consumer Law, we are not responsible for any inaccuracies or errors in our description of Rewards, or incorrect information published by us, if it is a result of information supplied to us by a Third Party Seller.
40. You acknowledge and agree that you are responsible for verifying information displayed in relation to a Reward and that you will assess the suitability of a Reward before you submit or confirm an Order.
41. We take all reasonable steps to depict Rewards available in the Rewards Store using accurate images and descriptions of the Rewards. However, occasionally a Reward actually delivered may vary to a small extent in appearance from the image displayed in the Rewards Store. You acknowledge that there are certain limitations in relation to photographic representations on screen and that we are not liable for such small variations.
42. You agree that we are not responsible for a Reward sold by a Third Party Seller and that to the extent permitted by law, Pay.com.au makes no warranty or representation regarding the standard of any Reward supplied by a Third Party Seller. Nothing in this clause is intended to have the effect of restricting or modifying your rights or our obligations that cannot be restricted or modified by law (including under the Australian Consumer Law).

Cancellation and Returns 

43. Once you have received an email from a Third Party Seller confirming your Order to purchase a Reward, you are unable to cancel or change that Order.
44. If you have any issue with your Order after it has been accepted by a Third Party Seller, you must contact the relevant Third Party Seller and follow the returns process outlined in the Third Party Seller’s terms and conditions.
45. A Third Party Seller may cancel an Order in accordance with the Third Party Seller’s terms and conditions. The actions of Third Party Sellers are beyond our control and we are not responsible for any cancellation made by a Third Party Seller. If a Third Party Seller cancels your Order, any PayPoints will be recredited to your Pay.com.au Account and payment made from your Payment Source will be refunded.

Shipping and Delivery of Rewards

46. Subject to these PayRewards Terms, a Reward will be shipped and delivered in accordance with the Third Party Seller’s terms and conditions, which will be provided to you by the Third Party Seller in the confirmation email.
47. Third Party Sellers will set their own delivery time frames, which will be set out in the Third Party Seller’s terms and conditions or otherwise communicated to you by the Third Party Seller. You are responsible for meeting any requirements set by the Third Party Seller in respect of delivery.
48. Third Party Sellers utilise their own shipping and distribution networks and may charge different rates for shipping goods. You will be advised of these costs before a transaction to purchase a Reward is finalised.
49. We may share your residential address that you provided to us when you signed up for PayRewards (or that you have subsequently updated) with the relevant Third Party Seller. You may also be prompted by the Third Party Seller to confirm or provide your address for delivery. It is your responsibility to provide the correct address for delivery.

Complaints or problems with Rewards

50. If you have a complaint or problem with a Reward that has been delivered, you must seek to resolve the issue directly with the Third Party Seller in accordance with the Third Party Seller’s terms and conditions.
51. If you have attempted to resolve your issue with the Third Party Seller and have been unsuccessful, you may contact us at support@pay.com.au and we may choose to assist you to contact the Third Party Seller. You may also submit a complaint in accordance with our dispute resolution procedure.

Consumer guarantees

52. All Rewards sold via the Rewards Store come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund if there is a major failure with your Reward, and compensation for any other reasonably foreseeable loss or damage related to your Reward, from the Third Party Seller. You are also entitled to have the goods repaired or replaced by the Third Party Seller if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
53. Any product warranty given by a Third Party Seller will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with the applicable Third Party Seller’s terms and conditions. Because we are not a party to the contract between you and the Third Party Seller in relation to the Reward purchased by you, we are not able to enforce any of your rights against the Third Party Seller.
54. Rewards that you purchase from the Rewards Store may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Pay.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

MEMBERSHIP OBLIGATIONS, RESPONSIBILITIES AND ACKNOWLEDGEMENTS

56. You agree not to:
    1. act in any way which breaches the Terms
    2. abuse or misuse the Platform, Services, PayRewards, PayPoints, any Partner Rewards, or any other arrangement or benefit accorded to you as a result of being a Member, including by engaging in illegal or fraudulent activity
    3. supply or attempt to supply false or misleading information, or make representations in relation to your PayPoints or PayRewards
    4. sell, assign, transfer or acquire, or offer or attempt to sell, assign, transfer or acquire any PayPoints other than in accordance with the Terms.
57. You acknowledge that we have not made any warranty that PayRewards will be error-free and that there may be:
    1. delay in issuing you with PayPoints, or the non-issue to you of PayPoints
    2. acts, errors or omissions by us in the course of providing PayRewards
    3. a suspension or termination of PayRewards, and that we are not liable for any loss or damage suffered as a result.

SUSPENSION AND TERMINATION OF PAYREWARDS OR YOUR PAYREWARDS ACCOUNT

57. We may suspend or terminate your ability to earn PayPoints and to access your PayRewards Account, or otherwise refuse to issue you with PayPoints, at any time without notice if:
    1. we believe in our sole discretion that you have breached the Terms or any other applicable laws
    2. an affiliated Pay.com.au Account is suspended or terminated.
58. We may terminate your PayRewards Account if you do not engage in a Relevant Activity for more than 36 calendar months (3 years).
59. Suspension or termination of your PayRewards Account does not affect your obligations under the Terms, including the payment of Fees or other amounts that you may owe us under the Terms.
60. For the avoidance of doubt, we are not liable to you for any unused PayPoints in your Account at the time of termination and your PayPoint Balance will be cancelled upon termination.

EXPIRATION AND CANCELLATION OF PAYPOINTS

61. Your PayPoints balance will expire:
62. upon termination of your PayRewards Account
63. if you do not engage in a Relevant Activity for a period of 18 consecutive months or more
64. upon termination of these PayRewards Terms.
65. If we form the view that PayPoints have been earned from misuse of the Platform or our Services, for example but not limited to fraud or a method not described in these Terms, we may cancel those PayPoints in our sole discretion.
66. If your PayRewards Account is suspended in accordance with the PayRewards Terms, or if your Pay.com.au Account is suspended in accordance with the Pay.com.au Terms, your PayPoints will not be redeemable during the suspension, but will not be cancelled.
67. PayPoints will not be re-credited after they have expired or have been cancelled.

THIRD PARTIES

65. We may engage Third Party Sellers and other third-party service providers to offer PayRewards, including the Concierge Service.
66. Third parties may have their own terms and conditions that you will be required to agree to and comply with. If you do not agree to the relevant third party’s terms and conditions, we may not be able to provide you with the relevant service, including but not limited to access to a PayRewards Partner Program, PayRewards Personal Shopper or the Concierge Service.
67. We do not guarantee or warrant the performance of any third party. You acknowledge that a third party may suspend or terminate your ability to access their service without notice or may suspend or terminate its arrangement with Pay.com.au at any time.  If a third party suspends or terminates its arrangement with us, we will not be able offer the service that relies on that service provider, for example the Concierge Service.
68. We are not liable or otherwise responsible for the action of any third party, or any loss or damage which flows from the third party’s services.

VARIATION AND NOTIFICATION OF CHANGE TO THE TERMS

69. We reserve the right to make any change to the Terms (whether material or otherwise) to protect our legitimate business interests, including in relation to the way in which PayPoints are earned or redeemed, and restrictions or conditions in relation to PayRewards Partners and the provision of PayRewards.
70. The updated Terms will be posted to the Platform. By continuing to access and use PayRewards, you agree to be bound by the changes. You will be subject to the PayRewards Terms made available on the Platform at the time that you undertake a Relevant Activity.
71. We will use reasonable endeavours to notify you of any material change to the Terms in writing by sending an email to the email address provided by you notifying you of the change and providing you a link to the updated terms.
72. You may stop using the PayRewards and the Services, and may terminate your Pay.com.au Account and your PayRewards Account at any time, including in the event of any change to the Terms, via the Platform.|

LIMITATION OF LIABILITY

73. To the extent permitted by law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to PayRewards, including but not limited to loss or damage you might suffer arising out of or in connection with:
74. errors, mistakes or inaccuracies in relation to the Rewards Store and/or Rewards
75. you acting or not acting on any information contained in or referred to on the Rewards Store and/or any linked website
76. the quality of any Reward.
77. You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our gross negligence or wilful misconduct and that any liability (however arising) we may have to you is limited in accordance with the Terms.
78. We do not warrant, endorse, guarantee or assume responsibility for any Reward or Third Party Seller. We are not a party to or in any way responsible for monitoring any transaction between you and a Third Party Seller.
79. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability is limited to that provided by law. Nothing in the PayRewards Terms is intended to limit or adversely affect any right which cannot be waived under the Australian Consumer Law.
80. 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 PayPoints balance, 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 PayRewards Account through the Platform if you are uncertain about the authenticity of any communication or notice.
81. We are not liable for any breach of the Terms where the breach is due to a force majeure, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
82. We are not liable for the actions, omissions, representations or operation of any PayRewards Partner or PayRewards Partner Program, including any difficulty or inability to redeem PayPoints with PayRewards Partners.

INDEMNITY

80. 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 to comply with the PayRewards Terms or the terms of any PayRewards Partner or Third Party Supplier. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses.
81. You indemnify Pay.com.au against any Tax liability that arises as a result of your participation in PayRewards or any PayRewards Partner Program. This indemnity extends to any Losses incurred by Pay.com.au in relation to such Tax liability, including penalties, interest and legal costs.
82. You agree to indemnify Pay.com.au for any loss we incur due to person’s unauthorised use of your information.
83. 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 the Terms.

INTELLECTUAL PROPERTY

84. You acknowledge that we are the owner of all Intellectual Property Rights which subsist in your PayRewards Account and PayRewards. You acknowledge that you have no Intellectual Property Rights in your PayRewards Account.
85. 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 offer and operate PayRewards.
86. All content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the provision of PayRewards, including the Rewards Store, is either owned, controlled, or licensed to Pay.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by law and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to copyright in material and/or services provided or authored by us. Nothing in the Terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
87. Other trademarks used on the Website and in the Rewards Store that belong to third parties are used by us with permission and remain the intellectual property of the third party.

CONTINUATION OF PAYREWARDS

88. Pay.com.au gives no warranty and makes no representation as to the continuing availability of PayRewards, including access to services provided as part of PayRewards, and may suspend or terminate PayRewards at any time. We reserve the right to cease providing, or to modify, PayRewards, the Rewards Store and/or PayRewards Personal Shopper, including updating the Rewards available, at any time.
89. We will give at least 3 months’ written notice to Members of such termination or suspension, except if Pay.com.au ceases to provide the Services in which case it will cease immediately.
90. Your access to the Rewards Store may otherwise be suspended or restricted in accordance with the Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

CONTACTING US

91. If you have any feedback, questions, or complaints in relation to PayRewards, contact us via the Platform or by emailing support@pay.com.au. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your PayRewards Account, and the transaction(s) in relation to which you have feedback, a question or a complaint.

MISCELLANEOUS

92. The Terms comprise the entire agreement between you and us in relation to PayRewards.
93. These PayRewards Terms are governed by and interpreted in accordance with 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 PayRewards Terms.
94. You agree and acknowledge that we are entitled to accept without further verification, any instruction, direction or other communication that we receive via the Platform which we reasonably believe to have been given by you.
95. We may assign all or part of our agreement with you without your consent and without notice to you. You may not assign any of your rights or obligations under the Terms.
96. If any provision of the PayRewards Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, or is found to be void, unlawful or unenforceable, then that part will be severed and the remainder of the PayRewards Terms will not be affected.
97. We will collect, use and store your Personal Information in accordance with our Privacy Policy(as varied from time to time), which can be accessed at /privacy-policy/. Without limiting our Privacy Policy, you acknowledge that you expressly authorise us to disclose any of your Personal Information or other data to a PayRewards Partner or Third Party Sellers used by Pay.com.au for the purpose or providing PayRewards.