PAYREWARDS TERMS AND CONDITIONS
Pay.com.au Pty Ltd ACN 639 316 546 (Pay.com.au, we, our or us) provides PayRewards 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.
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 or earn PayPoints. 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 PayRewards.
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 PayRewards 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 PayPoints or other benefit provided by a Rewards Program. An Eligible Payment does not include failed payments, canceled 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 PayRewards Account.
- Partner Rewards means a reward or benefit offered by a PayRewards Partner which a Member can access by redeeming PayPoints.
- com.au Account means a Member’s online account with Pay.com.au which enables you to use the Platform and access the Services.
- Pay.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.
- PayPoints means the loyalty points issued to a Member in relation to Eligible Payments 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 Earn Ratio means the rate of 1 Pay Point per $1.00 transacted throughout the Platform.
- PayRewards means 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 and redeem PayPoints.
- PayRewards Partner means a third party that offers its own loyalty program (PayRewards Partner Program) and 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, Singapore Airlines and Virgin Australia.
- PayRewards Partner Program means the loyalty or other rewards program provided by a PayRewards 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 PayPoints by 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.
- 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 Premier 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 PAYREWARDS ACCOUNT
1.To be eligible for a PayRewards Account, you must be an individual over the age of 18 and have a current Australian residential address.
2. If you have a Pay.com.au Account, you will automatically receive access to PayRewards and be given a PayRewards Account. To earn PayPoints via your PayRewards Account, you must be subscribed to either the Regular option or the Premium option in accordance with clause 6.
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 your PayRewards Account 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 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
5. You can earn PayPoints at the PayPoints Earn Ratio by making Eligible Payments and paying the relevant fee.
6. The PayPoints 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:
a. Free option: you will not earn PayPoints and no additional fee is payable
b. Benefit Level 2VIP: you will earn PayPoints at the PayPoints 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 following 30 days in which you submit the instruction for the relevant Eligible Payment
c. Benefit Level 3 – VIP Premier: you will earn PayPoints at double the PayPoints Earn Ratio and pay an additional fee of 1.80 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 following 30 days in which you submit the instruction for the relevant Eligible Payment.
7. 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.
8. If you earn PayPoints for an Eligible Payment, we will allocate the PayPoints earned to your PayRewards Account.
9. 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 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 PayPoints that are not allocated to you and will refund the fee charged in relation PayPoints that are reversed or canceled due to our mistake. For the avoidance of doubt, the fee paid to use the Services will not be refunded.
10. 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 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.
HOW TO REDEEM PAYPOINTS AND REWARDS
11. 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.
12. 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.
13. Members acknowledge that:
a. 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
b. 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
c. some Rewards may be limited in stock
d. some Rewards may only be offered for a limited time
e. 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
f. availability of some Rewards may be subject to capacity controls by third parties.
14. Members redeem PayPoints 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 PayPoints or any Rewards (other than the face value of vouchers denominated in dollars).
15. We partner with PayRewards Partners to enable Members to redeem PayPoints for Partner Rewards.
16. You acknowledge that:
a. PayRewards Partner may choose not to accept PayPoints
b. we are not responsible for, and have not made any guarantee or warranty in relation to, PayRewards or other benefits that you may receive from PayRewards Partners
c. we are not representatives of PayRewards Partners. It is your responsibility to read any terms and conditions that apply to a PayRewards Partner Program
d. we are not responsible or liable for any failure in relation to your Valid Card or PayRewards Partner Program.
17. Information that we provide in relation to PayRewards Partner Programs has been obtained from the PayRewards Partner. We are not responsible for any misrepresentation or false information obtained from PayRewards Partners.
EXPIRATION AND CANCELLATION OF PAYPOINTS
18. Your PayPoints balance will expire:
a. upon termination of your PayRewards Accounts
b. if you do not engage in a Relevant Activity for a period of 18 consecutive months or more.
19. PayPoints will not be earned in relation to any payments that are canceled or reversed. If PayPoints have already been issued to your PayRewards Account in relation to a canceled or reversed payment, Pay.com.au may cancel those PayPoints.
20. If we form the view that PayPoints 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 PayPoints in our sole discretion.
21. If your PayRewards Account is suspended in accordance with the Terms, your PayPoints will not be redeemable during the suspension, but will not be canceled.
22. The PayPoints will automatically expire and you will have no right to redeem the PayPoints upon termination of these Terms.
23. PayPoints will not be re-credited after they have expired or been canceled.
MEMBERSHIP OBLIGATIONS, RESPONSIBILITIES AND ACKNOWLEDGEMENTS
24. You agree not to:
a. act in any way which breaches the Terms
b. 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 of PayRewards, including by engaging in illegal or fraudulent activity
c. supply or attempt to supply false or misleading information, or make representations in relation to your PayPoints or PayRewards
d. sell, assign, transfer or acquire, or offer or attempt to sell, assign, transfer or acquire any PayPoints other than in accordance with the Terms.
25. You acknowledge that we have not made any warranty that PayRewards will be error-free and that there may be:
a. delay in issuing you with PayPoints, or the non-issue to you of PayPoints
b. acts, errors or omissions by us in the course of providing PayRewards
c. a suspension of termination of PayRewards, and that we are not liable for any loss or damage suffered as a result.
26. We may engage third-party service providers, including but not limited to PayRewards Partners, to offer PayRewards including the VIP Concierge Service \
27. 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 and the VIP Premier Concierge Service from the date of termination.
28. 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.
29. 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
30. 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 regarding PayRewards and PayRewards Partners.
31. We will use reasonable endeavors 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 PAYREWARDS OR YOUR PAYREWARDS ACCOUNT
32. We may suspend or terminate your ability to earn PayPoints and your PayRewards Account, or otherwise refuse to issue you with PayPoints, at any time without notice if:
a. 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.
b. an affiliated Pay.com.au Account is suspended or terminated.
33. We may terminate your PayRewards Account if you do not engage in a Relevant Activity for more than 36 calendar months (3 years).
34. 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 Pay.com.au Terms and Conditions.
35. 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 balance of points will be canceled upon termination.
36. 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.
37. 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
38. 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.
39. 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.
40. 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.
41. We are not liable for the actions, omissions, or representations of any PayRewards Partner, including any PayRewards Partner Program, that we partner with.
42. com.au is not liable for any difficulty or inability to redeem PayPoints with PayRewards Partners, or the applicability of PayRewards Partner Program.
43. 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 PayRewards Partner. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses.
44. 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.
45. You agree to indemnify Pay.com.au for any loss we incur due to person’s unauthorised use of your information.
46. 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.
49. 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.
50. 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.
51. If you have any feedback, questions, or complaints in relation to PayRewards, contact us via the Platform or by emailing firstname.lastname@example.org.
52. 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.
53. The Terms comprise the entire agreement between you and us in relation to PayRewards.
54. 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.
55. 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.
56. 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.
57. 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.