PAYREWARDS TERMS AND CONDITIONS

Last updated on 18/06/2024

Pay.com.au Limited ACN 639 316 546 (Pay.com.au, we, our or us) provides PayRewards in accordance with these terms and conditions, including any annexure or addendum to them (PayRewards Terms). The Pay.com.au Terms agreed to by you and/or your Associated Business also apply to your use of the Platform, but only to the extent applicable. These PayRewards Terms and the Pay.com.au Terms (together, the Terms) operate in addition to the terms and conditions of other third party service providers, including for example the provider of a Valid Card, Third Party Seller or PayRewards Partner, that may apply from time to time.

PayRewards enables Members to earn PayRewards Points in accordance with the Terms, which can then be exchanged for Rewards.

By signing up for PayRewards, you agree that you are bound by the Terms and to our Privacy Policy, 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. It is each Member’s responsibility to read and understand the Terms.

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, principal or other associated person.

• AUD means Australian dollars.

• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
• Custom Redemptions 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 PayRewards Points (including Redemptions to pay Invoice Amounts which are Eligible Payments).
• Eligible Payment has the same meaning as that term has in the Pay.com.au Terms.
• 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 holder of an active PayRewards Account.

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

• Pay.com.au Account means an Associated Business’s account with Pay.com.au which enables the Associated Business to use the Platform to process payments and access the Services.

• com.au Terms means the terms and conditions governing the use of the Platform, the Pay.com.au Account and the Website, as amended from time to time, available on the Website.

• PayConcierge means the concierge service available to eligible Members in accordance with these Terms and provided by Quintessentially Lifestyle Limited, which includes day-to-day assistance with booking various lifestyle activities, such as available events, restaurants, accommodation and travel, for a fee.

• Payment Sourcemeans the bank account, credit card or debit card that is eligible for use on the Platform in accordance with the Pay.com.au Terms, and that you provide the details for in an Order. The Payment Source must be issued by an Australian issuer.

• PayRewards means the Pay.com.au loyalty program that enables you to earn PayRewards Points and gives you access to other benefits, including those offered by PayRewards Partners.
• PayRewards Account means your online account with Pay.com.au which enables you to earn, store and redeem PayRewards Points.
• PayRewards Partner means a third party that offers its own loyalty program (PayRewards Partner Program) that has an arrangement with Pay.com.au so that Members can exchange PayRewards Points for Partner Rewards in accordance with the relevant exchange ratio set out on the . PayRewards Partner includes, but are not limited to, Qantas, Singapore Airlines, Virgin Australia, Qatar Airways and Accor
• PayRewards Partner Program means the loyalty or other rewards program provided by a PayRewards Partner.
• PayRewards Points means the PayRewards loyalty points issued by Pay.com.au to a Member as a result of an Eligible Payment or other eligible activity in accordance with the Terms.

• PayRewards Points Balancemeans your PayRewards Points balance as displayed in your PayRewards Account balance from time to time.

• PayRewards Points Earn Ratio means the rate of PayRewards Points earned per $1.00 transacted through the Platform in accordance with these PayRewards Terms, as varied from time to time.
• PayTravel means the travel research and booking service offered pursuant to the PayTravel Terms set out in Annex 1.
• Partner Rewards means an exchange of PayRewards Points for points in the relevant loyalty or rewards program offered by our PayRewards Partners (including Qantas, Singapore Airlines, Virgin Australia, Qatar Airways and Accor), at the relevant conversion ratio (see: https://pay.com.au/payrewards/).
• Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth), and is information or an opinion relating to an individual, which can be used to identify that individual.
• Platform means the Website and any underlying software (including the Rewards Platform), as well as email or phone support, or any other means 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. See here: Privacy Policy.

• Relevant Activity means an activity through which PayRewards Points are earned or used, and includes but is not limited to the Associated Business using the Services, exchanging PayRewards Points for PayRewards or transferring PayRewards Points to another Member via your PayRewards Account.
• Reward means any good, service or other benefit that a Member can obtain using PayRewards Points via the Rewards Platform from time to time, such as exchanging PayRewards Points for Partner Rewards, authorising an Associated Business to use PayRewards Points for other services provided by Pay.com.au on the Platform or Rewards Platform, or benefits obtained via the Platform, Custom Redemptions, PayTravel and PayConcierge.

• Rewards Platform means rewards.pay.com.au.
• Rewards Storemeans the website located at pay.com.au and rewards.pay.com.au and any underlying software through which you may submit orders to purchase Rewards using your PayRewards Points.

• 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.
• Third Party Sellers means a third party that sells or otherwise offers a Reward, including via the Rewards Store, Custom Redemptions, PayTravel or PayConcierge.
• 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. The individual nominated by the Associated Business when signing up for a Pay.com.au Account will automatically receive access to PayRewards and be given a PayRewards Account when the Associated Business is accepted for and issued with a Pay.com.au Account.
2. An individual related to a Member and/or the Associated Business may also apply for a linked PayRewards Account. Pay.com.au may refuse to issue a PayRewards Account in its sole discretion.
3. 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 the Website or by emailing us.
4. 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 PAYREWARDS POINTS

5. PayRewards Points are issued to the Member at the PayRewards Points Earn Ratio as a result of the Associated Business making Eligible Payments via the Platform and paying the relevant fee (as applicable). You may also receive PayRewards Points as a result of a transfer from another Member.
6. The PayRewards Points Earn Ratio and the fee charged will depend on the Associated Business’s Platform subscription, and the option selected by the Associated Business when it submits an instruction to make an Eligible Payment on the Platform. Before the Associated Business confirms an instruction to make an Eligible Payment, we will ask it to select one of the benefit options and display the corresponding fee. More PayRewards Points will be issued for every 1 AUD processed through the Platform if the Associated Business pays the higher transaction fee.
7. When you earn PayRewards Points resulting from the Associated Business’s use of the Services, we will update your PayRewards Account with the PayRewards Points earned.
8. We do not guarantee that PayRewards Points will be earned in relation to an Eligible Payment made by the Associated Business. We reserve the right to reverse or cancel any PayRewards Points 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 PayRewards Points that are not allocated to you and may, in our discretion, refund a pro-rata portion of the Fees paid by you.
9. PayRewards Points 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 and/or using PayRewards Points or other benefits, including those associated with PayRewards Partners, as a result of your participation in PayRewards.
10. PayRewards Points will not be earned in relation to any payments that are cancelled or reversed. If PayRewards Points have already been issued to your PayRewards Account in relation to a cancelled or reversed payment made by the Associated Business, Pay.com.au may cancel those PayRewards Points in its sole discretion.

TRANSFER OF PAYREWARDS POINTS

11. You may request that we transfer a portion of your PayRewards Points to another Member, which request we may refuse in our sole discretion.
12. You are prohibited from charging the recipient Member for any transfer of PayRewards Points in any way, and agree and acknowledge that a transfer to another Member will be treated as a gift and cannot be reversed.

HOW TO REDEEM PAYREWARDS POINTS AND REWARDS

13. Your PayRewards Points can be exchanged for Rewards at any time in the following ways:

14. We may specify exclusions and conditions (for example holding a membership with the relevant PayRewards Partner) for any Reward, and we may change these from time to time by providing you with reasonable advance notice, unless this is not possible or a shorter period is required to protect our legitimate business interests.
15. Members acknowledge that:
    1. PayRewards Points cannot be converted to or exchanged for money;
    2. the amount of PayRewards Points that must be redeemed to obtain a Reward will be that which is displayed or otherwise notified to you immediately before redemption or exchange;
    3. 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, including the Australian Consumer Law, Pay.com.au accepts no liability for the lack of completeness or correctness of such information;
    4. some Rewards may be limited in stock;
    5. some Rewards may only be offered for a limited time;
    6. 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;
    7. additional terms and conditions of Third Party Sellers or other third party service providers or suppliers may apply to the Reward that you are seeking to acquire via a Custom Redemption;
    8. availability of some Rewards may be subject to capacity controls by third parties;
    9. redemptions of PayRewards Points are irreversible; and
    10. PayRewards Points cannot be directly exchanged for AUD payable to you.

16. Members redeem PayRewards Points to obtain Rewards, including Custom Redemptions, at their own discretion. Pay.com.au does not give any warranty or make any representation in relation to the underlying value of the PayRewards Points or any Rewards (other than the face value of gift cards denominated in dollars).

Rewards Platform and Rewards Store

17. You must be the PayRewards Account holder to access the Rewards Platform and purchase Rewards using your PayRewards Points. You must not shop on behalf of another Member or enable another person to access your PayRewards Account to shop on your behalf.

18. The price of each Reward on the Rewards Platform is displayed in PayRewards Points. 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 Platform does not constitute an offer to sell by Pay.com.au. It is an invitation to treat from a Third Party Seller only, which is the party you ultimately contract with to acquire the Reward. 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 Platform are not reserved, and an Order is only finalised once you have received confirmation that your order is being fulfilled. We will only process an Order if your PayRewards Points Balance is sufficient to cover the purchase, and you have provided a Payment Source and authorisation to deduct from that Payment Source to pay for any associated payment.
21. After Pay.com.au confirms that you have a sufficient PayRewards Points 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, we will confirm the Order by sending you an email to the email address that we have on file. If the Third Party Seller rejects your Order, we will redeposit the PayRewards Points 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 PayRewards Points 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 PayRewards Points and any AUD charged from your Payment Source in full.
25. All payments, including payments in PayRewards Points and those in AUD, must be received in full before a Third Party Seller dispatches or issues a Reward.
26. Any purchase of a Reward will include GST where applicable.

PayRewards Partners And Partner Rewards

27. We partner with PayRewards Partners to enable Members to exchange PayRewards Points for Partner Rewards.
28. To exchange PayRewards Points for Partner Rewards, you must be a member of the PayRewards Partner Program, and provide us with your membership account information. We rely on the membership account information that you provide to us. We are not liable for any loss resulting from you providing incorrect membership information and will not refund PayRewards Points exchanged.
29. You acknowledge that:
    1. you are responsible for providing the correct membership information, including but not limited to your PayRewards Partner Program membership number;
    2. the issue of Partner Rewards to your Partner Rewards account is managed by the relevant PayRewards Partner, and a PayRewards Partner may choose not to credit Partner Rewards in certain circumstances (for instance, if your Partner Rewards account is inactive);
    3. 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;
    4. we are not representatives of PayRewards Partners. It is your responsibility to read any terms and conditions that apply to a PayRewards Partner Program; and
    5. we are not responsible or liable for any failure in relation to your Valid Card or PayRewards Partner Program.

30. We do not have oversight of PayRewards Partners, including in relation to their solvency or the value of the Partner Rewards that you are acquiring in exchange for PayRewards Points. Your request to exchange PayRewards Points for Partner Rewards is at your sole discretion and risk, and Pay.com.au is not liable for any fluctuation in the value of a Partner Reward.
31. 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.

Custom Redemptions

32. You may instruct Pay.com.au to act as your agent to source and purchase a Reward form a third party using your PayRewards Points that is not available on the Rewards Store.
33. When you use Custom Redemptions, 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 Redemptions; and
    4. 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 a Custom Redemption.

34. Before confirming an Order made via Custom Redemptions, Pay.com.au will confirm the number PayRewards Points required for the purchase, any additional AUD charge that may apply and any applicable third-party terms and conditions. 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 Custom Redemptions.

Gift Cards and Vouchers

35. Rewards available in the Rewards Platform or via a Custom Redemption 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.
36. A gift card or voucher cannot be exchanged for money. Gift cards or vouchers cannot be 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.

Concierge Service

37. If the Associated Business makes an Eligible Payment of $5,000 or more via the Platform, you will be given access to the PayConcierge Service for the duration of the following 30 days in which your Associated Business submits the instruction on the Platform for the relevant Eligible Payment. For the avoidance of doubt, if more than one Member is affiliated with the one Associated Business, the payment only permits one Member to access the PayConcierge Service. 

PayTravel Service

38. The travel advisory and points booking services available via the PayTravel Service are subject to the terms and conditions as set out in Annex 1.

Third parties and Third Party Sellers

39. We may engage Third Party Sellers and other third-party service providers to offer or facilitate Rewards, including via PayTravel, PayConcierge, and/or Custom Redemptions. The relevant Third Party Seller will be listed or otherwise disclosed in relation to each Reward.
40. Where we do so, 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 or PayRewards Partner. Pay.com.au is not a party to the contract and takes no responsibility for the sale of Rewards by Third Party Sellers.
41. Third Party Sellers 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/they may not be able to provide you with the relevant service, including but not limited to access to a PayRewards Partner Reward, Custom Redemption, PayTravel, or PayConcierge.
42. You agree that as a facilitator for independent Third Party Sellers, including in our role as agent when providing Custom Redemptions, 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 have which relate to the contract between you and the Third Party Seller to purchase the Reward.
43. 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 PayConcierge.
44. 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.

Points Plus Pay 

45. In certain circumstances, Members may request to acquire eligible Rewards using a combination of PayRewards Points and Australian dollars sourced from a Valid Payment Method (Points Plus Pay). Points Plus Pay Redemptions are subject to our absolute discretion and, if accepted, are only available for Custom Redemptions or PayTravel bookings at this time.
46. Members who wish to request a Points Plus Pay Redemption should call us on 1300 241 723 or at support@pay.com.au or submit a request via our Platform. Further terms and conditions relating to a Points Plus Pay Redemption request will be communicated to the Member at such time and must be agreed to prior to a Points Plus Pay Redemption request being accepted.
47. For the avoidance of doubt, payments made using Points Plus Pay which are made in the Member’s individual capacity will not earn PayRewards Points.

RESPONSIBILITY AND INFORMATION IN RELATION TO REWARDS

48. 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.
49. You acknowledge and agree that you are responsible for verifying information displayed in relation to a Reward, including Partner Rewards, and that you will assess the suitability of a Reward before you submit or confirm an Order.
50. 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.

Cancellation and Returns 

51. 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, unless stated otherwise in the Third Party Seller’s terms and conditions.
52. 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.
53. 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 PayRewards Points will be recredited to your Pay.com.au Account and payment made from your Payment Source will be refunded.

Shipping and Delivery of Rewards

54. 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.
55. 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.
56. 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.
57. 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

58. 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. Similarly, if you have any issue with a Partner Reward, you must seek to resolve the issue with that PayRewards Partner directly.
59. 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

60. Some Rewards acquired via the Rewards Platform or the Custom Redemptions service come with guarantees that cannot be excluded under the Australian Consumer Law. In the event that a Reward is covered 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.
61. 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 on your behalf.
62. Rewards that you purchase from the Rewards Platform that you acquire using the Custom Redemptions service 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

63. You agree not to:
    1. act in any way that breaches the Terms;
    2. abuse or misuse the Platform, Services, PayRewards, PayRewards Points, 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 PayRewards Points or PayRewards;
    4. sell, assign, transfer or acquire, or offer or attempt to sell, assign, transfer or acquire any PayRewards Points other than in accordance with the Terms; or
    5. sell or attempt to sell PayRewards Points for AUD or other fiat currency to any third party.

1. 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 PayRewards Points, or the non-issue to you of PayRewards Points;
   2. acts, errors or omissions by us in the course of providing PayRewards; and
   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

64. We may suspend or terminate your ability to earn or redeem PayRewards Points and to access your PayRewards Account, or otherwise refuse to issue you with PayRewards Points, at any time without notice if:
    64. 1. you have breached the Terms or any other applicable laws;
        2. your Associated Business is or is likely to be engaged in any illegal conduct, fraud or other misconduct; or
        3. an affiliated Pay.com.au Account is suspended or terminated.
65. Unless otherwise necessary to protect our legitimate business interests or to comply with our legal obligations, Pay.com.au will provide you with at least 3 business days’ notice prior to suspending or terminating your PayRewards Account and, if possible, work with you to rectify the issue.
66. We may terminate your PayRewards Account if you or your Associated Business does not engage in a Relevant Activity for more than 36 calendar months (3 years).
67. 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.
68. For the avoidance of doubt, we are not liable to you for any unused PayRewards Points in your Account at the time of termination and your PayRewards Point Balance will be cancelled upon termination.

EXPIRATION AND CANCELLATION OF PAYREWARDS POINTS

69. Your PayRewards Points balance will expire:
    69. 1. upon termination of your PayRewards Account;
        2. if you or your Associated Business does not engage in a Relevant Activity for a period of 18 consecutive months or more; or
        3. upon termination of these PayRewards Terms.

70. If we form the view that PayRewards Points 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 PayRewards Points in our sole discretion.
71. 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 PayRewards Points will not be redeemable during the suspension, but will not be cancelled.
72. PayRewards Points will not be re-credited after they have expired or have been cancelled.

VARIATION AND NOTIFICATION OF CHANGE TO THE TERMS

73. 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 PayRewards Points are earned or redeemed, and restrictions or conditions in relation to PayRewards Partners and the provision of PayRewards.
74. Unless stated otherwise in the Terms, we may vary these Terms by providing 7 days advance notice via the Platform, by email, or by any other means, at any time (unless a shorter notice period is required to protect our legitimate business interests, for example to comply with a new law or agreement with a PayRewards Partner).
75. The updated Terms will be posted to the Platform. You will be asked to agree to the Terms each time you seek to redeem PayRewards Points, and 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.
76. 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

77. 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:
    77. 1. errors, mistakes or inaccuracies in relation to the Rewards Store and/or Rewards;
        2. you acting or not acting on any information contained in or referred to on the Rewards Store and/or any linked website;
        3. the quality of any Reward; and
        4. the performance, solvency or actions of a PayRewards Partner.

78. 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. This excludes loss or damage caused by a PayRewards Partner, Third Party Seller or other third party service provider.
79. We do not warrant, endorse, guarantee or assume responsibility for any Reward, including Partner Rewards, PayRewards Partner 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.
80. 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.
81. 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 PayRewards 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 PayRewards Account through the Platform if you are uncertain about the authenticity of any communication or notice.
82. 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.
83. 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 exchange PayRewards Points with PayRewards Partners.

INDEMNITY

84. 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 Indemnities directly or indirectly arising out of your failure to comply with the PayRewards Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses.
85. 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.
86. 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, but we must nevertheless take reasonable steps to mitigate any such expense, loss or damage.

INTELLECTUAL PROPERTY

87. You acknowledge that we are the owner of all Intellectual Property Rights, or otherwise have a licence to use such intellectual property, which subsist in your PayRewards Account and PayRewards. You acknowledge that you have no Intellectual Property Rights in your PayRewards Account.
88. 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.
89. 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 Platform, 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.
90. 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

91. 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 Custom Redemptions, including updating the Rewards available, at any time.
92. 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.
93. 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

94. 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

95. The Terms comprise the entire agreement between you and us in relation to PayRewards.
96. 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.
97. 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, including in relation to the redemption or transfer of your PayRewards Points.
98. 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, other than in accordance with these Terms.
99. 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.
100. 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 https://pay.com.au/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.

Annex 1 – PayTravel Terms and Conditions

INTRODUCTION

Pay.com.au Limited (us, we, our, Pay.com.au) provides the PayTravel Services in accordance with these terms and conditions (PayTravel Terms). These PayTravel Terms apply in addition to the Pay.com.au Platform Terms and the PayRewards Terms, as relevant.

By using the PayTravel Service, you agree to be bound by these PayTravel Terms, as well as our Privacy Policy.

DEFINITIONS

1. In these PayTravel Terms, capitalised terms have the following meaning:

• Advisory Service means the service described in clause 4a.
• Approved Payment Method has the same meaning as that term has in the Pay.com.au Platform Terms.
• Booking Service means the service described in clause 4b.
• Fee means a fee payable by you to Pay.com.au for a PayTravel Service.
• Member means a member of PayRewards.
• com.au Account means an online account with Pay.com.au which enables a person to use the Pay.com.au platform to process business payments.
• com.au Platform Terms means the terms and conditions governing the use of the Platform, including the Website, as amended from time to time, available on the Website.
• PayRewards means the Pay.com.au loyalty program that enables a Member to earn PayRewards Points.
• PayRewards Terms means the terms and conditions governing PayRewards, as amended from time to time, available on the Website.
• PayTravel Fee means any fee payable by you to Pay.com.au in relation to a PayTravel Service, as outlined at https://pay.com.au/paytravel/ or otherwise disclosed to you before receiving the PayTravel Service.
• PayTravel Partner means a third-party provider that we engage with to help us provide you with the PayTravel Services. PayTravel Partners may or may not be Travel Product Providers.
• PayTravel Partner Terms means the terms and conditions which govern the provision of services by the PayTravel Partner to you.
• PayTravel Services means the travel advisory and booking services that we provide as part of Pay Rewards and include the Advisory Service and the Booking Service.
• Rewards Platform means rewards.pay.com.au.
• Travel Product means a travel product or service provided by a Travel Product Provider or PayTravel Partner, including but not limited to a product or service relating to transportation, accommodation, and other experiences.
• Travel Document includes (without limitation) an airline ticket, train ticket, bus ticket, hotel voucher, tour voucher or any other document (whether in electronic form or otherwise) used to confirm a booking, reservation, or an arrangement with a Travel Product Provider or PayTravel Partner.
• Travel Product Provider means the third-party issuer or provider of a Travel Product.
• Travel Product Terms means the terms and conditions which govern the operation and provision of the Travel Product.
• Website means https://www.pay.com.au.

2. A capitalised term that is not defined above will have the meaning defined in the Pay.com.au Platform Terms.

ELIGBILITY TO USE PAYTRAVEL

3. To access the PayTravel Services, you must:
   1. Be 18 years of age or otherwise capable of entering into and forming a legally binding contract
   2. Be resident in Australia
   3. Have access to an Approved Payment Method
   4. Be in full compliance with any of the Pay.com.au Terms and the PayRewards Terms that apply to you
   5. Be approved by Pay.com.au

PAYTRAVEL SERVICES

4. The PayTravel Services are provided to you for a Fee and include:
   1. 1. The Advisory Service, where we (or a PayTravel Partner engaged by us):
         1. 1. Reward Seat Research: research the best value rewards seats across our airline PayRewards Partners or other airlines to maximise the value of your airline points and find you seats tailored to your points balance and preferences.
            2. General Travel Itinerary: research and prepare a suggested general travel itinerary for you. Depending on your instructions, the itinerary may include, for example, transport, accommodation, and other experiences. The research and proposed itinerary, including the recommended Travel Products, will be tailored to your preferences based on information you provide.Products, experiences or services suggested by us as part of the Advisory Services are ‘Travel Products’. For the avoidance of doubt, the service we provide is the research and compilation of the relevant itinerary or reward seat research, and does not include Pay.com.au making the booking(s) on your behalf, or the cost of the underlying Travel Products.
      2. The Booking Service. This involves Pay.com.au booking the requested Travel Products on your behalf directly with a PayTravel Partner (such as a partner travel agent) or a Travel Product Provider (such as an airline or hotel).

5. Members can access the PayTravel Services through the Rewards Store by logging into their PayRewards Account and navigating to the ‘PayTravel’ section. If you do not have a Pay.com.au Account and are not otherwise a Member, you can apply to access the PayTravel Services by making an enquiry via the Website.
6. We reserve the right to not provide you with the PayTravel Services in our sole discretion, including not actioning an instruction to book a Travel Product, for any reason, including (but not limited to) if we have any suspicions about the validity of the instruction.

ADVISORY SERVICE

7. Our research and recommended travel itinerary will be provided to you in a PDF document. It will include details of the availability and estimated costs of the requested Travel Products (whether in PayRewards Points or Australian dollars) and, if relevant, information about the Travel Product Provider and any applicable Travel Product Terms and/or PayTravel Partner Terms.
8. The itinerary will be current on the day it is provided. The estimated cost of a Travel Product is an estimate only, and the estimated cost and availability of a Travel Product may change. You acknowledge that the provision of Travel Products, including the availability, costs, modification and cancellation, is pursuant to the relevant Travel Product Terms, which we are not a party to. In particular, we make no guarantee that the cost estimate(s) or availability of a Travel Product provided in the itinerary will not change, and you agree that the estimates are not fixed and that we are not responsible for, nor able to control, a variation to an estimate.
9. We take reasonable steps to consider and provide current and accurate information when we provide an itinerary, including information about travel restrictions and conditions of entry for countries that you may be travelling to. However, this information is subject to change. It is your responsibility to monitor any change to the Travel Products before and during travel, and to be aware of any Australian or other international government restrictions that may affect the Travel Products.
10. The itinerary is based on your request and the information provided by you. We reserve the right to charge an additional fee if you ask us to update the itinerary after it has been provided to you, which fee will be disclosed to you before proceeding. Any change made to the itinerary, including in relation to Travel Products and dates, may also result in a change to the estimated cost of Travel Products initially quoted. You acknowledge that this is outside Pay.com.au’s control and is ultimately determined by the applicable Travel Product Provider.
11. The Travel Products recommended are subject to availability, variation or withdrawal from the Travel Product Provider without notice. We make no guarantee that the price of a recommended Travel Product is the lowest available price in the market, or as to the quality or merchantability of the service or product.
12. Our itinerary does not include an exhaustive list of additional fees or taxes that may be applicable to various Travel Products or travel plans, including for example airline taxes and international tourist fees, and we are not in any way responsible for communicating or advising in relation to any such taxes.
13. The Advisory Service is a research service only, and you are responsible for booking the recommended Travel Product(s), unless you choose to use the PayTravel Booking Service.

BOOKING SERVICE

14. The Booking Service facilitates the booking of Travel Products between you and the Travel Product Provider and is separate from the Advisory Service.
15. com.au will provide the Booking Service for the applicable Fee, which will be charged per person and per booking. The Fee is in addition to the cost of the Travel Product that you instruct us to book on your behalf.
16. If we have already provided you with the Advisory Service, you may instruct us to book all of the Travel Products recommended in your itinerary, or a selection of the recommended Travel Products.
17. You acknowledge that, notwithstanding your instruction, Pay.com.au may not be able to successfully make a booking for one or more of the Travel Products that you instruct us to book, due to limitations or conditions imposed by the Travel Product Provider and Pay.com.au does not make any representation or guarantee that it is able to do so.
18. com.au is not the issuer or provider of any Travel Product, and our involvement is limited to facilitating the booking of the Travel Product in accordance with your instruction and on your behalf as your agent.
19. By instructing us to make a booking on your behalf, you are representing that you have read, understood and agree to be bound by the relevant Travel Product Terms and/or PayTravel Partner Terms provided to you before we finalise the booking. The agreement in relation to the Travel Product is between you and the Travel Product Provider and/or PayTravel Partner. Pay.com.au is not in any way a party to that agreement, and are provision of the Booking Service is subject to such Travel Product Terms and/or PayTravel Partner Terms.
20. When we make a booking on your behalf, we are acting on your explicit instruction and relying on information provided by you, including but not limited to the name, contact and passport details of each traveller, the personal circumstances relevant to travel plans, passport status, relevant citizenship information, or additional needs or travel preferences. You agree and acknowledge that our provision of the Booking Service relies on clear instructions from you, and that such information is true and correct. If you instruct Pay.com.au to make a booking on behalf of another traveler, you represent and warrant that you have the authority to instruct Pay.com.au to make a booking on that person’s behalf and that they have also received, read and agreed to the applicable Travel Product Terms and/or PayTravel Partner Terms.
21. We may need additional information from you to make a booking. If you do not provide us with complete and accurate information in a timely manner, we may not be able to book a Travel Product on your behalf, and we are not liable or responsible for any subsequent inability or failure to make a booking, or any change in prices or Travel Product availability.
22. If, in our opinion, your instruction is not clear, or if we have any doubt about your identity or the validity of your instruction, we may decide in our sole discretion to not provide you with the Booking Service. We reserve the right not to proceed with a booking, and are not required to provide you with any reason for our refusal to provide the Booking Service.
23. If you would like to make a change to the itinerary after it has been provided to you (but before it has been booked), we may charge an additional Fee in our discretion to compensate for time spent providing the additional Booking Service. If the changes are extensive, Pay.com.au may treat the request as a new Booking Service request and charge the full Booking Service Fee.
24. If you need to make a change after a Travel Product has been booked, you will need to liaise directly with the Travel Product Provider or PayTravel Partner to make the change.

PAYMENT FOR TRAVEL PRODUCTS

25. You can pay for Travel Products that you instruct us to book on your behalf using PayRewards Points or an Approved Payment Method. Pay.com.au will inform you if a Travel Product cannot be acquired using PayRewards Points.
26. If you choose to pay for a Travel Product with PayRewards Points, we will deduct the quoted number of PayRewards Points from your PayRewards Account. It is your responsibility to ensure that you have sufficient PayRewards Points to complete a transaction.
27. Travel Products can be booked using a mixture of PayRewards Points and an Approved Payment Method in our absolute discretion, and subject to the “Points Plus Pay” terms set out in clauses 9 to 11 of the PayRewards Terms. You may choose different payment methods for different Travel Products on your itinerary.
28. We cannot make any bookings on your behalf where payment is to be made using Partner Rewards Points.

PAYTRAVEL SERVICE FEES

29. We provide the PayTravel Services to you for the PayTravel Fee. The applicable PayTravel Fee will be payable:
    29. 1. In relation to the Advisory Service, for each itinerary prepared, upon receipt of our invoice before we provide you with the itinerary.
        2. In relation to the Booking Service, per booking per person, after the booking is made.
30. The Fees payable may vary from time to time to reflect business costs. The current Fees are available on our Website at all times, and will also be disclosed to you before we provide you with the PayTravel Service.
31. pay.com.au’s Fees can be paid using PayRewards Points and/or an Approved Payment Method. If you choose to pay with PayRewards Points, we will deduct the quoted number of PayRewards Points from your PayRewards Account. It is your responsibility to ensure that you have sufficient PayRewards Points to complete a transaction.
32. A Member may also request to pay Fees on behalf of another individual. For example, a spouse that is a Member may request to pay Fees incurred by their spouse who has used the PayTravel Services and who is not a Member.
33. The Fees payable to Pay.com.au are for the PayTravel Services, and are separate to the fees and costs payable to acquire Travel Products. Although Pay.com.au will take reasonable steps to disclose the applicable costs and fees of Travel Products to you, Pay.com.au is not in control of or responsible or liable for fees and costs payable to Travel Product Providers.
34. You acknowledge and agree that we may receive a commission, fee or other benefit from third parties in relation to the PayTravel Services.

ADDITIONAL FEES, CHARGES AND TAXES

35. You agree and acknowledge that there may be additional fees charged by third parties (including but not limited to a PayTravel Partner and/or a Travel Product Provider), which will be passed on to you, for example, Pay.com.au may be charged a conversion fee if you direct us to book a Travel Product that requires payment to be processed in a foreign currency. We will take reasonable steps to disclose these fees to you, but in the event an additional fee is charged, we will require you to pay the fee, which will be included as part of the amount payable in the invoice. For the avoidance of doubt, Pay.com.au will pass on the amount of the fee in full, but will not markup such fee in any way.
36. Some Travel Product Providers and PayTravel Partners may charge additional fees after the booking has been made. Any additional fees will be disclosed in and governed by the Travel Product Terms and/or PayTravel Partner Terms.
37. In certain circumstances, there may also be additional charges or fees that apply to your Travel Products or travel plans that are not known to us or to the Travel Product Provider or PayTravel Partner at the time of booking, for example, changes in airline taxes, additional baggage fees, international tourist fees, additional accommodation fees or other international travel taxes. Pay.com.au is not responsible or liable for any additional fees, charges or taxes that you are required to pay in relation to the Travel Products that we book on your behalf.

TRAVEL DOCUMENTS

38. com.au does not issue and is not responsible for Travel Documents that relate to your booking. The Travel Documents will be sent to you via the email provided and it is your responsibility to verify that the Travel Documents are correct.
39. If there is an error in a Travel Document, including for example an error in a name, date, time or place, it may result in the booking being cancelled, an inability to use that booking and change and/or cancellation fees. We are not liable or responsible for any additional fees or charges, or any other consequence, where the error was a result of incorrect information provided by you. If the error was caused by Pay.com.au, we will liaise with the Travel Product Provider to amend the Travel Document where possible, and will pay for any associated fee charged by the Travel Product Provider in relation to the amendment to a maximum amount of $700. For the avoidance of doubt, Pay.com.au will only cover the fee to change the Travel Document, and will not pay for any changes to the cost of a Travel Product.
40. Travel Documents may be subject to conditions or restrictions imposed by the relevant Travel Product Provider or PayTravel Partner, including but not limited to being non-transferrable, non-refundable, not able to be changed and/or subject to cancellation. Any such conditions will be governed by the applicable Travel Product Terms and/or PayTravel Partner Terms.
41. Any other issue, whether caused by you or the Travel Product Provider, is not our responsibility and must be addressed directly with the Travel Product Provider in accordance with the applicable Travel Product Terms.

CANCELLATION OR CHANGES TO YOUR BOOKINGS

42. Any cancellation or change to a Travel Product booking will be governed by the applicable Travel Product Terms or PayTravel Partner Terms, including in relation to any refunds, credits, change in fees or increase in prices, and you are solely responsible for communicating any desired cancellation or variation to bookings that we have made on your behalf to the relevant Travel Product Provider or PayTravel Partner.
43. A PayTravel Partner or Travel Product Provider may also vary or cancel a booking in accordance with the PayTravel Partner Terms and/or the Travel Product Terms. We are not responsible or liable in any way for any such cancellation or variation. We do not, and are not able to, facilitate any credits between you and the Travel Product Provider and/or PayTravel Partner.
44. In the event that a Travel Product Provider and/or PayTravel Partner decides to offer you a refund, we will pass on the whole of the refunded amount to you (less our fee) within 5 to 7 Business Days of confirmation by the Travel Product Provider. If you have paid in PayRewards Points, we’ll re-credit those points to your PayRewards account in the same timeframe. For the avoidance of doubt, our booking fees are not refundable.
45. For the avoidance of doubt, payment for Travel Products using PayRewards Points has no bearing on your ability to be provided a refund, credit or compensation.

SERVICE LIMITATIONS AND THIRD PARTIES

46. We may engage PayTravel Partners to provide the PayTravel Services to you.
47. Although we use best efforts to conduct thorough research, we make no representation or guarantee that the Travel Products recommended are the best or most cost effective available, or that we considered all available Travel Products.

PAY.COM.AU’S GUARANTEE

48. Our Advisory Service and Booking Service come with guarantees under the Australian Consumer Law that:
    1. they will be provided with due care and skill
    2. they will be reasonably fit for the specified purpose
    3. they can reasonably be expected to achieve the desired result
    4. they will be provided within a reasonable time.

49. If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
50. While we exercise due care and skill in researching and selecting the Travel Products that we recommend, we are not the provider of the Travel Products and make no specific guarantees or representations in relation to the Travel Products.

YOUR REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS

51. In addition to any representations and warranties under the PayRewards Terms and the Terms, you represent and warrant that:
    1. you are in full compliance with the Terms and PayRewards Terms, as applicable
    2. the information you provide to us in relation to the PayTravel Services is true, accurate, current and complete
    3. you understand that we act on your behalf in acquiring the Travel Products
    4. you have authority to provide us with instructions to book Travel Products, including on behalf of other travelers
    5. you have read, understood and agree to be bound by any applicable Travel Product Terms and PayTravel Partner Terms
    6. you have capacity to enter into the Travel Product Terms and PayTravel Partner Terms
    7. you will not use the PayTravel Services in any way that is fraudulent or in breach of any laws
    8. you are aware of any health and other travel requirements and recommended precautions relevant to your booking and Travel Products.

LIMITATION OF LIABILTIY  

52. com.au is not liable for any Travel Product or other product or service provided by third parties, including for any loss caused by a Travel Product Provider or PayTravel Partner failing to provide you with a product or service, or in relation to any defect or default which relates to a Travel Product. Our only liability to you is in connection with the provision of our PayTravel Services and only to the extent that loss is caused as a direct result our negligence.
53. If a Travel Product Provider or PayTravel Partner is unable to provide you with the product or service that we booked on your behalf due to insolvency or being placed under external administration, subject to the Australian Consumer Law, your right to a refund or compensation is governed by the Travel Product Provider Terms or PayTravel Partner Terms, and we have no obligation to reimburse you for the cost of the booking, or for any loss resulting from the insolvency or external administration.

FORCE MAJEURE

54. com.au is not liable for any failure, delay or inability to perform or provide the PayTravel Services, that is due to events beyond our control.
55. If a force majeure event occurs which affects a Travel Product, your entitlement to a refund, a credit or re-scheduled travel booking will depend on the Travel Product Terms and/or the PayTravel Partner Terms, as appropriate.

COMPLAINTS

56. pay.com.au can assist with any booking queries or complaints which relate to the PayTravel Services. You can contact us at travel@pay.com.au.
57. Once booked, all queries and complaints in relation to Travel Products will be dealt with in accordance with the terms and conditions between you and the relevant PayTravel Partner or Travel Product Provider.

TERMS, PAYREWARDS TERMS AND THIS ADDENDUM

58. In the event of inconsistency between these PayTravel Terms, the Pay.com.au Platform Terms and the PayRewards Terms, these PayTravel Terms will take priority.
59. These PayTravel Terms are subject to variation at any time. You will be provided with at least 7 days’ notice of any variation to these PayTravel Terms, unless such variation is required to be made immediately to protect Pay.com.au’s interests, and you will be deemed to have accepted the PayTravel Terms as varied if you access the PayTravel Services after the date of variation. In any event, you are asked to confirm your acceptance of the current PayTravel Terms each time you use a PayTravel Service, any variation will not apply retrospectively.