PAY REWARDS TERMS AND CONDITIONS
Pay.com.au Pty Ltd ACN 639 316 546 (Pay.com.au, we, our or us) provides Pay Rewards in accordance with these terms and conditions (Loyalty Terms), the Pay.com.au Terms and Conditions and Website Terms (User Terms) (together, the Terms) as applicable.
Pay Rewards enables Members to earn Pay Points when they use our Services in accordance with the Terms, which can be redeemed for Rewards with us and with Pay Rewards Partners.
By signing up for Pay Rewards, and using the Services or the Platform to earn Pay Points, 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 Pay Rewards or earn Pay Points. It is each Member’s responsibility to read and understand the Terms. You will be provided with a copy of these Loyalty Terms upon joining Pay Rewards.
These Terms operate in addition to any agreement that you have in place with a third party, including any provider of a Valid Card or Pay Rewards Partner.
In these Terms, unless the context requires otherwise:
- ABN means Australian Business Number.
- Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
- Eligible Payment means a payment through the Platform that may result in you earning Pay Points or other benefit provided by a Rewards Program. An Eligible Payment does not include failed payments, cancelled payments, disputed payments, subsequently refunded or recalled payments.
- Fees means any fee payable by you to Pay.com.au in relation to a Service.
- 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 Pay Rewards Account.
- Partner Rewards means a reward or benefit offered by a Pay Rewards Partner which a Member can access by redeeming Pay Points.
- com.au Account means a Member’s online account with Pay.com.au which enables you to use the Platform and access the Services.
- com.au Terms and Conditions means the terms and conditions governing the use of the Platform available on our website, as amended from time to time.
- Pay Points means the loyalty points issued to a Member in relation to Eligible Payments in accordance with the Terms.
- Pay Points Account means your online account with Pay.com.au which enables you to participate in Pay Rewards and undertake Relevant Activities.
- Pay Points Earn Ratio means the rate of 1 Pay Point per $1.00 transacted throughout the Platform.
- Pay Rewards means the Pay.com.au loyalty program that enables you to earn Pay Points.
- Pay Rewards Account means your online account with Pay.com.au which enables you to earn and redeem Pay Points.
- Pay Rewards Partner means a third party that offers its own loyalty program (Pay Rewards Partner Program) and who has an arrangement with Pay.com.au so that Members can redeem Pay Points for Partner Rewards. Pay Rewards Partner includes, but is not limited to, Qantas, Singapore Airlines and Virgin Australia.
- Pay Rewards Partner Program means the loyalty or other rewards program provided by a Pay Rewards Partner.
- Personal Information means 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.
- Relevant Activity means earning Pay Points by using the Services, redeeming Pay Points for Pay Rewards or transferring Pay Points to another Member via your Pay Rewards Account.
- Reward means any good, service or other benefit that a Member can obtain by redeeming Pay Points.
- Reward Program means a reward or loyalty program through which you earn points or other benefits through use of a Valid Card.
- Services means the services provided by us to you, including but not limited to the services set out in clause 1 and 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 and Conditions.
- VIP Concierge Service means the concierge service provided to eligible 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.
- Website means the website located at pay.com.au
- Website Terms means the terms and conditions that govern your general use of the Website, including the Platform and Services, published on the Website as updated from time to time.
YOUR PAY REWARDS ACCOUNT
- To be eligible for a Pay Rewards Account, you must be an individual over the age of 18 and have a current Australian residential address.
- If you have a Pay.com.au Account, you will automatically receive access to Pay Rewards and be given a Pay Rewards Account. To earn Pay Points via your Pay Rewards Account, you must be subscribed to either the Regular option or the Premium option in accordance with clause 6.
- 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 Rewards Account or by emailing us.
- You must maintain the security of your Pay Rewards Account and treat your password and login as confidential, and take all reasonable steps to prevent unauthorised use or access to your Pay Rewards Account. You must notify Pay.com.au of any suspicious activity on your Pay Rewards Account. You acknowledge that we will not be liable for any unauthorised access to or use of your Pay Rewards Account.
HOW TO EARN PAY POINTS
- You can earn Pay Points at the Pay Points Earn Ratio by making Eligible Payments and paying the relevant fee.
- The Pay Points earned and the fee charged will depend on the benefit 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 benefit options:
- Free option: you will not earn Pay Points and no additional fee is payable
- Regular option: you will earn Pay Points at the Pay Points Earn Ratio and pay an additional fee of 1 per cent fee of the value of the Eligible Payment. If the Eligible Payment is $5,000 or more, you will also be given access to the VIP Concierge Service for the duration of the calendar month in which you submit the instruction for the relevant Eligible Payment
- Premium option: you will earn Pay Points at double the Pay Points Earn Ratio and pay an additional fee of 1.8 per cent of the value of the Eligible Payment. If the Eligible Payment is $5,000 or more, you will also be given access to the VIP Concierge Service for the duration of the calendar month in which you submit the instruction for the relevant Eligible Payment.
- For the avoidance of doubt, regardless of the option you select, you will still be required to pay the fee for using the Services in accordance with the User Terms.
- If you earn PayPoints for an Eligible Payment, we will allocate the Pay Points earned to your Pay Rewards Account.
- We do not guarantee that Pay Points will be earned in relation to an Eligible Payment. We reserve the right to reverse or cancel any Pay Points credited to a Member incorrectly, or not in accordance with, or in breach of, these Terms at any time. We will not charge for any Pay Points 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.
- PayPoints may be subject to personal income or other tax assessment. 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 Pay Rewards which may result from you receiving Pay Points or other benefits, including those associated with Pay Rewards Partners, as a result of your participation in Pay Rewards.
HOW TO REDEEM PAY POINTS AND REWARDS
- PayPoints can be redeemed for Rewards, including Partner Rewards, at any time via pay.com.au. For the avoidance of doubt, PayPoints cannot be converted to or exchanged for money.
- We may specify exclusions and conditions (for example qualifying use of the Platform) for any Rewards and we may change these from time to time.
- Members acknowledge that:
- the amount of Pay Points that must be redeemed to obtain a Reward may be varied prior to redemption of the Reward without advance notice to Members
- 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
- some Rewards may be limited in stock
- some Rewards may only be offered for a limited time
- Partner Rewards are subject to the terms and conditions of the relevant Pay Rewards Partner and may be subject to additional obligations, including holding an account with the Pay Rewards Partner
- availability of some Rewards may be subject to capacity controls by third parties.
- Members redeem Pay Points in order to obtain Rewards at their own discretion. Pay.com.au does not give any warranty or make any representation in relation to the underlying value of the Pay Points or any Rewards (other than the face value of vouchers denominated in dollars).
PAY REWARDS PARTNERS AND THIRD PARTY PROVIDERS
We partner with Pay Rewards Partners to enable Members to redeem Pay Points for Partner Rewards. We may also partner with third party service providers to provide additional services to Members, including but not limited to the VIP Concierge Service VIP Premier Concierge Service.
- You acknowledge that:
- a Pay Rewards Partner may choose not to accept PayPoints
- we are not responsible for, and have not made any guarantee or warranty in relation to, Pay Rewards or other benefits that you may receive from Pay Rewards Partners, or in relation to third party service providers and their services, including the VIP Concierge Service and VIP Premier Concierge Service
- we are not representatives of Pay Rewards Partners or any other third party service provider we engage to provide the Services. It is your responsibility to read any terms and conditions that apply to a Pay Rewards Partner Program or service provided by a third party service provider, including in relation to the VIP Concierge Service or VIP Premier Concierge Service
- we are not responsible or liable for any failure in relation to your Valid Card, Pay Rewards Partner Program, the VIP Concierge Service or VIP Premier Concierge Service or any other service provided by a third party.
- Information that we provide in relation to Pay Rewards Partner Programs has been obtained from the Pay Rewards Partner. We are not responsible for any misrepresentation or false information obtained from Pay Rewards Partners.
EXPIRATION AND CANCELLATION OF PAY POINTS
Your Pay Points balance will expire:
- upon termination of your Pay Rewards Accounts
- if you do not engage in a Relevant Activity for a period of 18 consecutive months or more.
- Pay Points will not be earned in relation to any payments that are cancelled or reversed. If Pay Points have already been issued to your Pay Rewards Account in relation to a cancelled or reversed payment, Pay.com.au may cancel those Pay Points.
- If we form the view that Pay Points have been earned from misuse of the Platform or our Services, through fraud or by any method not described in these Terms, we have the right to cancel those Pay Points in our sole discretion.
- If your Pay Rewards Account is suspended in accordance with the Terms, your Pay Points will not be redeemable during the suspension, but will not be cancelled.
- The Pay Points will automatically expire and you will have no right to redeem the Pay Points upon termination of these Terms.
- Pay Points will not be re-credited after they have expired or been cancelled.
MEMBERSHIP OBLIGATIONS, RESPONSIBILITIES AND ACKNOWLEDGEMENTS
You agree not to:
- act in any way which breaches the Terms
- abuse or misuse the Platform, Services, Pay Rewards, Pay Points, any Partner Rewards, or any other arrangement or benefit accorded to you as a result of being a Member of Pay Rewards, including by engaging in illegal or fraudulent activity
- supply or attempt to supply false or misleading information, or make representations in relation to your Pay Points or Pay Rewards
- sell, assign, transfer or acquire, or offer or attempt to sell, assign, transfer or acquire any Pay Points other than in accordance with the Terms.
- You acknowledge that we have not made any warranty that Pay Rewards will be error free and that there may be:
- delay in issuing you with Pay Points, or the non-issue to you of Pay Points
- acts, errors or omissions by us in the course of providing Pay Rewards
- a suspension of termination of Pay Rewards,
and that we are not liable for any loss or damage suffered as a result.
- We may engage third party service providers, including but not limited to Pay Rewards Partners, to offer Pay Rewards including the VIP Concierge Service.
- 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 Pay Rewards Partner Program, the VIP Premier Concierge Service and/or the VIP Premier Concierge Service, from the date of termination.
- 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 VIP Premier Concierge Service and the VIP Premier Concierge Service.
- 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.
NOTIFICATION OF MATERIAL CHANGE TO THE TERMS
- 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 Pay Points are earned or redeemed, and restrictions or conditions regarding Pay Rewards and Pay Rewards Partners.
- 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.
SUSPENSION AND TERMINATION OF PAY REWARDS OR YOUR PAY REWARDS ACCOUNT
- We may suspend or terminate your ability to earn Pay Points and your Pay Rewards Account, or otherwise refuse to issue you with Pay Points, at any time without notice if:
- we believe in our sole discretion that you have breached the Terms or any other applicable laws, including but not limited to clause 25 of these Loyalty Terms.
- an affiliated Pay.com.au Account is suspended or terminated.
- We may terminate your Pay Rewards Account if you do not engage in a Relevant Activity for more than 36 calendar months (3 years).
- Suspension or termination of your Pay Rewards Account does not affect your obligations under the Terms, including the payment of Fees or other amounts that you may owe us under the Pay.com.au Terms and Conditions.
- For the avoidance of doubt, we are not liable to you for any unused Pay Points in your Account at the time of termination and your balance of points will be cancelled upon termination.
- com.au gives no warranty and makes no representation as to the continuing availability of Pay Rewards, including access to services provided as part of Pay Rewards, and may suspend or terminate Pay Rewards at any time.
- 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.
LIMITATION OF LIABILITY
- To the extent permitted by law in any applicable jurisdiction, including the Australian Consumer Law, Pay.com.au and any of its officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms, including, without limitation, any changes to the Terms. 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 willful misconduct and that any liability (however arising) we may have to you is limited in accordance with the Terms.
- 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 Pay Points 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 Pay Rewards Account through the Platform if you are uncertain about the authenticity of any communication or notice.
- We are not liable for any breach of these Loyalty 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.
- We are not liable for the actions, omissions, or representations of any Pay Rewards Partner, including any Pay Rewards Partner Program, that we partner with.
- com.au is not liable for any difficulty or inability to redeem Pay Points with Pay Rewards Partners, or the applicability of Pay Rewards Partner Program.
- 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 these Loyalty Terms or the terms of any Pay Rewards Partner. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses.
- You indemnify Pay.com.au against any Tax liability that arises as a result of your participation in Pay Rewards or any Pay Rewards 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.
- You agree to indemnify Pay.com.au for any Loss we incur due to person’s unauthorised use of your information.
- 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 Loyalty Terms or the Terms.
- You acknowledge that we are the owner of all Intellectual Property Rights which subsist in your Pay Rewards Account and Pay Rewards. You acknowledge that you have no Intellectual Property Rights in your Pay Rewards Account.
- 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 Pay Rewards.
- If you have any feedback, questions, or complaints in relation to Pay Rewards, contact us via the Platform or by emailing firstname.lastname@example.org.
- When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Pay Rewards Account, and the transaction(s) in relation to which you have feedback, a question or a complaint.
- The Terms comprise the entire agreement between you and us in relation to Pay Rewards.
- 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.
- 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.
- These Loyalty 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 Loyalty Terms.
- If any provision of these Loyalty Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these Loyalty Terms will not be affected.