Rewards Store terms and conditions

Pay.com.au Pty Ltd (Pay.com.au, we, our or us) provides the Rewards Store. By using the Platform and accessing the Rewards Store, you accept and agree that you are bound by these terms and conditions (Rewards Store Terms), all other applicable Pay.com.au Terms and our Privacy Policy. If you disagree with these Rewards Store Terms, you must not use the Rewards Store.

These Rewards Store Terms operate in addition to the terms and conditions of Third Party Sellers that may apply to purchases that you make from the Rewards Store.

Definitions

AUD means Australian dollars.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

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

Order means an offer submitted by you via the Reward Store to a Third Party Seller to purchase a Reward sold by that Third Party Seller.

PayPoint means the loyalty points issued to you under Pay Rewards.

PayPoints Balance means your balance of PayPoints, as displayed via your Pay.com.au Account from time to time.

Pay Rewards means the Pay.com.au loyalty program that enables you to earn Pay Points.

Payment Source means the bank account, credit or debit card that is eligible for use on the Platform and that you provide the details for in an Order. The Payment Source must be issued by an Australian issuer.

Pay.com.au Account means your online account with Pay.com.au which enables you to use the Platform, participate in Pay Rewards and access the Services.

Pay.com.au Terms includes the Platform Terms, Pay Rewards Terms, the Website Terms and the Rules.

Personal Information has the meaning given to that term in the Privacy Act 1958 (Cth).

Platform means the website located at pay.com.au and underlying software through which you may access and use our services.

Privacy Policy means the Pay.com.au privacy policy available on our website, as varied from time to time.

Reward(s) means the goods and services that are available for purchase via the Rewards Store at any one time.

Rewards Store means the website located at pay.com.au and underlying software through which you may submit orders to purchase Rewards using your PayPoints.

Rewards Store Terms means these terms and conditions.

Third Party Sellers means a third party that sells Rewards via the Reward Store.

Rewards Store

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

How to shop Rewards

3. You can shop Rewards by logging into your com.au Account through the Platform and following the prompts.
4. The price of each Reward in the Rewards Store is displayed in Pay Points. There may be an additional AUD charge for delivery, which you will be notified of before you commit to purchase a Reward.
5. The promotion of Rewards in the Rewards Store does not constitute an offer to sell by Pay.com.au. It is an invitation to treat from the Third Party Seller(s) only. If you proceed to make an offer to purchase a Reward, there may be additional terms and conditions imposed by the Third Party Seller, including delivery and other charges, that apply to the Third Party Seller’s acceptance of your Order, offering to buy the Reward.
6. Rewards that are displayed in the Rewards Store are not reserved in-cart and an Order is only finalised once you have completed the checkout process and received an Order confirmation from us. We will only process an Order if your Pay Points Balance is sufficient to cover the purchase and any applicable AUD payment has been authorised by your Payment Source.
7. After we confirm that you have a sufficient PayPoints Balance and confirm your Order, we will send the Order to the relevant Third Party Seller of the Reward for confirmation. The Third Party Seller may accept or reject your Order. If the Third Party Seller accepts your Order, the Third Party Seller will confirm the Order by sending you an email to the email address you provided to us during when you signed up for a Pay.com.au Account (or subsequently updated via the Platform). If the Third Party Seller rejects your Order, we will redeposit the PayPoints that were credited from your account in respect of the Order and refund any AUD charged for shipping to your Payment Source.
8. You must carefully review your Order before you submit your Order. You are responsible for any discrepancies or errors in your Order caused by you.
9. 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 Pay 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.
10. We do not make any representations or guarantee that the Rewards displayed for purchase in the Reward Shop 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 Pay Points and any AUD charged from your Payment Source in full.
11. All payments, including payments in PayPoints and those in AUD, must be received in full before a Third Party Seller dispatches or issues the Reward(s).
12. Any purchase of Rewards includes GST where applicable.

Relationship between Pay.com.au and Third Party Sellers

13. com.au facilitates the sale and purchase of Rewards with PayPoints via the Rewards Store. The relevant Third Party Seller will be listed in relation to each Reward.
14. While we facilitate the transaction carried out in the Rewards Store via our Platform, we are not the buyer or the seller of the Rewards. The contract formed at the completion of a sale for a Reward is solely between you and the applicable Third Party Seller. Pay.com.au is not a party to the contract and takes no responsibility for the sale of Rewards by Third Party Sellers.
15. You agree that as a platform for independent Third Party Sellers, we are not responsible for the transactions that occur between you and the Third Party Seller. The Third Party Seller is responsible for the sale of the Reward(s) and for dealing with any claims or any other issue that you may have arising out of or in connection with the contract between you and the Third Party Seller to purchase the Reward.

Gift Cards and Vouchers

16. Rewards available in the Rewards Store 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.
17. A gift card or voucher cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed, unless the relevant Third Party Seller’s terms that relate to the gift card or voucher provide otherwise.

Responsibility and information in relation to Rewards

18. The information we provide about the Rewards in the Rewards Store 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 that published by us, if it is a result of information supplied to us or by the Third Party Sellers.
19. You acknowledge and agree that you are responsible for verifying information displayed in relation to a Reward in the Reward Store and that you will assess the suitability of a Reward before you submit an Order.
20. We take all reasonable steps to depict Rewards available in the Reward Store using accurate images and descriptions of the Rewards. However, occasionally the Reward(s) actually delivered may vary to a small extent in appearance from the image displayed in the Reward 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.
21.  You agree that we are not responsible for the Rewards sold by Third Party Sellers and that to the extent permitted by law, Pay.com.au makes no warranty or representation regarding the standard of any Reward supplied by a Third Party Seller via the Reward Store. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).

Cancellation and Returns 

22. Once you have received an email from a Third Party Seller confirm your Order to purchase a Reward, you are unable to cancel or change it.
23. If you have any issues 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.
24. We do not accept change of mind returns.
25. A Third Party Seller may cancel an Order in accordance with the Third Party Seller’s terms and conditions. The actions of Third Party Sellers are beyond our control and we are not responsible for any cancellation made by a Third Party Seller. If a Third Party Seller cancels your Order, any PayPoints will be recredited to your Pay.com.au Account and payment made from your Payment Source will be refunded.

Shipping and Delivery of Rewards

26. Subject to these Rewards Store Terms, Rewards 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.
27. 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.
28. Third Party Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
29. We may share your residential address that you provided to us when you signed up for Pay Rewards (or subsequently updated) with the relevant Third Party Seller. You will 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

30. 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.
31. If you have attempted to resolve your issue with the Third Party Seller and have been unsuccessful, you may contact us at #email 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

32. All Rewards sold via the Rewards Store come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage 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.
33. Any product warranty given by a Third Part 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.
34. Rewards that you purchase from the Rewards Store may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Pay.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.

 Limitation of liability

35. 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 the Rewards and the Reward Store, including but not limited to loss or damage you might suffer arising out of or in connection with:
    a. errors, mistakes or inaccuracies in relation to the Rewards Store and/or Rewards
    b. you acting or not acting on any information contained on or referred to on the Rewards Store and/or any linked website
    c. the quality of any Reward available via the Reward Store.
36. We do not warrant, endorse, guarantee or assume responsibility for any Reward or Third Party Seller that sells Rewards via the Reward Store. We are not a party to or in any way responsible for monitoring any transaction between you and a Third Party Seller.
37. 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.
38. Nothing in this agreement is intended limit or adversely affect any right which cannot be waived under the Australian Consumer Law.

Indemnity

39. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Rewards Store Terms.

Intellectual property

40. 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 Rewards Store is either owned, controlled, or licensed to Pay.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by law and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Rewards Store Terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
41. Other trademarks used 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 the Rewards Shop

42. We reserve the right to cease providing the Rewards Store and to make changes to the Rewards Store, including the Rewards offered, at any time.
43. Your access to the Rewards Store may be suspended or restricted in accordance with these Rewards Store Terms and any applicable Pay.com.au Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

Variation of these Rewards Terms 

44. We may change these Rewards Store Terms at any time by posting the changes on the Platform. By continuing to use the Rewards Store, you agree to be bound by the changes.
45. You will be subject to the Rewards Store Terms made available on the Platform at the time that you access the Rewards Store.
46. You may stop using the Rewards Store and the Platform, and may terminate your Pay.com.au Account and your Pay Rewards Account at any time, including in the event of any change to these Rewards Store Terms, via the Platform.

General

47. We will not be liable for any delay in performing any of our obligations under these Rewards Store Terms if such delay is caused by circumstances beyond our reasonable control.
48. These Rewards Store Terms are governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
49. If any part of these Rewards Store Terms is found to be void, unlawful or unenforceable then that part will be severed and the rest of these Rewards Store Terms will remain in force. The severed part will not affect the validity and enforceability of any remaining provisions of these Rewards Store Terms.
50. If we do not exercise or enforce any right or provision under these Rewards Store Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Rewards Store Terms will only be effective if it is in writing and signed by us.
51. Our Privacy Policy governs how we collect, store, use and disclose your Personal Information. Please review and understand our Privacy Policy.

Version 11/8/2021