Terms and Conditions

PAY.COM.AU WEBSITE TERMS

Pay.com.au Pty Ltd ACN 639 316 546 (Pay.com.au, we, our or us) operates and controls the Website.

The use of and access to the Website is governed by and subject these Website Terms.  By accessing or otherwise using the Website, you agree that you are bound by these Website Terms. If you disagree with these Website Terms, you must not use the Website.

In these Website Terms:

  • Force Majeure Event means any acts, events, omissions or accidents beyond our reasonable control, which are not known at the time the Website Terms are agreed to, including, without limitation an act of God, fire, flood, pandemic, explosion or accidental damage, law imposed by any government, actions or omissions of third parties or any malicious code interfering with the Platform or other cyber-attack.
  • com.au Account means your online account with Pay.com.au which enables you to use the Platform and access the Services.
  • Platform means the payment platform located at the Website and underlying software through which you may access and use the Services.
  • Services means the services that may be provided by us to you, including but not limited to the consulting service, the Platform and rewards booking service.
  • Website means the website located at com.au

GENERAL TERMS ABOUT USE OF THE WEBSITE

  1. You will not, and you will not permit any other person to:
    1. use or access the Website or the Platform in a way that infringes our intellectual property rights or the intellectual property rights of any other person
    2. use any anonymous network or protocol to access the Website, Services or the Platform by any means other than the interfaces we provide for doing so
    3. use any method or process to consolidate or combine the Website or Platform with any other content, data, information, images or material
    4. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Platform
    5. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website or the Platform for any period of time
    6. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform
    7. do anything which will or may place an unreasonable load on the infrastructure of the Website or Platform
    8. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using the Website or Platform
    9. use the Website or Platform to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform
    10. impersonate any person or entity
    11. use the Website or Platform for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing
    12. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or Platform
    13. otherwise use the Website or Platform for any purpose that may harm our reputation.

REPRESENTATIONS AND WARRANTIES

  1. You represent and warrant that:
    1. you will use the Website, Services and/or Platform in accordance with these Website Terms
    2. you are not using an anonymous network to access the Website or Platform
    3. you will disclose any matters to us that may affect the operation of these Website Terms, or your ability to comply with them
    4. you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws)
    5. your use of the Website or Platform does not infringe the rights of any third party or breach any applicable law
    6. you will not use the Website or Platform for any illegal or improper purpose including money laundering, tax evasion or the financing of terrorist activities.
  1. If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Website,Platform or Services, you must promptly report it to us via email.

NO GUARANTEE

  1.  We take reasonable steps to ensure we can deliver the Website, Platform or the Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
    1. the Platform or the Services, or any information or other material accessible through our Platform, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component
    2. there will be operational stability, availability or continuation of the Website, Platform or the Services
    3. the Website, Platform or our computer systems are safe from hacking
    4. your use of the Website, Platform and the provision of the Services will not infringe the rights of any third party.
  2. In addition, the Website, Platform and/or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:
    1. down-time and/or maintenance of the Website or Platform and their functions
    2. outages to the internet, networks or servers
    3. equipment failure, including the failure of third-party systems
    4. a Force Majeure Event.
  3. We are not required to notify you of any malfunction in the Website, Platform or Services, or if a Service is limited, restricted or ceases.

LIABILITY

  1. 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 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.
  2. If relevant, you acknowledge that you should always log into your Pay.com.au Account through the Platform if you are uncertain about the authenticity of any communication or notice.

PRIVACY

  1. We will collect, use and store your personal information in accordance with our Privacy Policy (as varied from time to time).
  2. Without limiting our Privacy Policy, you acknowledge that you expressly authorised us to disclose any of your personal or payment information or other data to a Nominated Payee or to any bank, card issuer, payment processor, rewards or loyalty program, or service provider used by Pay.com.au for the purpose or operating the Platform or providing our Services.

GENERAL PROVISIONS

  1. We may vary these Website Terms by providing 7 days advance notice at any time. You will be taken to have accepted any changes to the Website Terms by continuing to use the Website, 7 days after that notice is provided.
  2. You acknowledge that we may vary these Website Terms immediately without advance notice, in order to protect the security or integrity of the Website, Platform, the Services or any Pay.com.au Account or Payment Instruction or to comply with law or regulation or to manage a technical or system fault or error.
  3. Nothing published or communicated by way of the Website should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.
  4. These Website 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 Website Terms.