Terms and Conditions

Pay.com.au

General Terms and Conditions

Last updated: 15 July 2026

Pay.com.au Limited (ACN 639 316 546) (Pay.com.au, we, our or us) operates and controls the Platform (including the Website) and provides the Services to customers in accordance with these terms and conditions, including any annexure to them (Terms), and in accordance with the Rules.

You or your refers to a User and/or Associated Business in these Terms as required by the context. If you are accepting these Terms on behalf of an Associated Business, you represent that you have full authority to legally bind the Associated Business to these Terms. It is your responsibility to read and understand these Terms.

By using the Platform, signing up for a User Account or Business Account, joining the PayRewards Loyalty Program, submitting a Payment Instruction, or otherwise using the Services, you agree that you are bound by and agree to these Terms, and that you agree to the Rules and our Privacy Policy, as amended from time to time. If you disagree with these Terms, you must not use or seek to use the Platform or the Services and will not be entitled to participate in PayRewards.

These Terms operate in addition to any agreement that you have in place with a third party, such as the provider of a Valid Card, the issuer of a Bank Account, a PayRewards Partner, or a Nominated Payee.

1 Dictionary

1.1Definitions

In these Terms, capitalised terms have the following meaning:

Account Owner means the User designated in the Platform as the owner of a specific Business Account for an Associated Business, with the highest permission level for that Business Account

AFSL means the Australian financial services licence number 700223 held by Pay.com.au Limited.

American Express Card means any card or account access capability issued by Amex, its affiliates or a third party authorised by Amex.

Amex means American Express Australia Limited (ACN 108 952 085).

Approved Payment Method means a Bank Account or a Valid Card.

Approved Payment Rewards Program means a third-party reward or loyalty program through which you may earn points or other benefits by using an Approved Payment Method or acquiring the goods or services offered by a PayRewards Partner.

Associated Business means an entity or sole trader business associated with a Business Account of which a User 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 (Cth).

Authorised Payer means a person (who may, for example, be your agent or employee) that you have authorised to use your Business Account and to submit Payment Instructions on your behalf.

Bank Account means an Australian bank account linked to your Business Account in relation to which you have given authority for us to deposit and/or deduct funds via the Platform.

Business Account means an account with us which enables the Associated Business to access certain Services, including the Payment Services and Get Paid Services.

Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

Complaints Policy means our policy which explains how to make a complaint about the Platform and our Services, and how we handle complaints. Our Complaints Policy is available on our Website. See here: Make a Complaint.

Corporations Act means the Corporations Act 2001 (Cth), as amended from time to time.

Custom Redemptions means the service provided by us where we act 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).

Delivery Fee means the flat fee chargeable in respect of certain methods of payment, as set out in the Pricing Schedule.

Eligible Payment means: (a) in relation to the Payment Services, a payment made for business purposes by you to a Nominated Payee, using an Approved Payment Method, including an Invoice Amount and excluding Prohibited Payments; and (b) in relation to the Get Paid Services, a payment received by us from a Payer on your behalf via the Get Paid Services for business purposes of the Associated Business and excluding Prohibited Payments. In either case, an Eligible Payment does not include payments made to yourself, payments that are not made for business purposes, failed payments, cancelled payments, disputed payments, subsequently refunded payments, recalled payments, or payments in relation to which a chargeback request has been made.

Employment Payment means an amount payable by you to your employees including (but not limited to) salary, wages, commission, bonus, termination, notice or leave payments, or any other employment-related amounts, as calculated by you and notified to us via a Payment Instruction.

Employer Payment Processing Service means the service of facilitating Employment Payments from employers to their employees, which is provided by us in accordance with the Employer Payment Processing Service Annexure.

Employer Payment Processing Service Annexure means the terms and conditions for the Employer Payment Processing Service set out in Annexure 1.

Fees means any fee payable by you to us in relation to the Services, including the Platform Fee and Subscription Fee, as set out in the Pricing Schedule.

Foreign Exchange Contract has the meaning given in the Corporations Act.

Force Majeure Event means any acts, events, omissions or accidents beyond our reasonable control, including, without limitation an act of God, fire, casualty, flood, pandemic, war, terrorist act, explosion or accidental damage, failure of public utilities, injunction, epidemic, destruction of production facilities, law imposed by any government, actions or omissions of third parties or any malicious code interfering with the Platform or Services, or other cyber-attack.

FX Provider means SendFX Limited (ACN 617 647 220) (SendFX), a third party that provides the FX Services.

FX Services means the Foreign Exchange Contracts and international payment remittance services provided to you via the Platform.

General Financial Product Advice means financial product advice that is not personal advice, which has not been prepared taking into account your personal objectives, financial situation or needs.

Get Paid Payment Method/s means the methods of payments which a Payer can make payment to us on your behalf through the Get Paid Services.

Get Paid Settlement Account means the Bank Account, nominated by you, which we will remit Get Paid Settlement Funds to as part of the Get Paid Services.

Get Paid Services means the services provided by us where we receive payments from Payers on your behalf and remit funds to you in accordance with your, or your Authorised Payer’s instructions via the Platform, on the terms and conditions set out in these Terms.

GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Indemnitee has the meaning given in clause 13(a).

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.

International Payment means an international cross-border payment to Nominated Payees based outside of Australia, which includes the FX Services provided by the FX Provider and the International Payment Facilitation Service provided by us.

International Payment Facilitation Service means the service of facilitating International Payments including the service of arranging for the FX Services to be provided to you.

International Payment Instruction means a Payment Instruction that relates to an International Payment.

Invoice Amount means the amount you direct us to pay to a Nominated Payee in a Payment Instruction and, where applicable, includes an Employment Payment.

KYC Procedures means the "know your client" and “know your business” identification and verification procedures that we undertake, including as required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Nominated Payee means the payee that is nominated by you in a Payment Instruction to whom you instruct us to remit the Invoice Amount. Examples of Nominated Payees are merchants, suppliers, contractors, employees, the Australian Taxation Office and the trustee of an employee's superannuation fund.

Member Benefits means the benefits made available to User with either an active PayRewards Package, as set out on our Website from time to time. See here: https://pay.com.au/payrewards/member-benefits/.

Order means an offer made by a User to a Third Party Seller to purchase a Reward using PayRewards Points and, where applicable, an additional AUD payment from an Approved Payment Method, which becomes a binding contract only upon acceptance by the relevant Third Party Seller in accordance with these Terms.

Partner Rewards means a reward or benefit offered by a PayRewards Partner which you can access or acquire by exchanging PayRewards Points.

Partner Rewards Program means the loyalty or other rewards program provided by a PayRewards Partner.

PayConcierge means the concierge service available to eligible Users in accordance with these Terms and provided by Quintessentially Holdings Pty Ltd (ACN 676 590 766), which includes day-to-day assistance with booking various lifestyle activities, such as available events, restaurants, accommodation and travel, for a fee.

Payer means a third-party making payments from within Australia to a Business Account via the Get Paid Services.

Payment Instruction means an instruction placed by you or an Authorised Payer via the Platform to process a payment to a Nominated Payee (which you must fund using an Approved Payment Method). This includes International Payment Instructions.

Payment Services means the service provided by us to process and make payment of Invoice Amounts to Nominated Payees in accordance with Payment Instructions, on the terms and conditions set out in these Terms. Payment Services include the Employer Payment Processing Service.

PayRewards means our loyalty program that enables a User to earn PayRewards Points for Eligible Payments processed through the Platform or for other Relevant Activity in accordance with these Terms and access Member Benefits as set out on our Website from time to time.

PayRewards Fee means the fee charged by us for a PayRewards Package, as set out in the Pricing Schedule.

PayRewards Package means the PayRewards packages available for Eligible Payments, as set out in the Pricing Schedule.

PayRewards Partner means a third party that offers its own loyalty program and that has an arrangement with us so that Users can redeem their PayRewards Points for Partner Rewards. Our current list of PayRewards Partners can be found on the Website. See here: https://pay.com.au/partners/

PayRewards Points means the PayRewards loyalty points earned by a User in accordance with clause 4.1(a) of these Terms.

PayRewards Points Balance means your PayRewards Points balance as displayed in your User Account from time to time.

PayRewards Points Earn Ratio means the rate of PayRewards Points earned per $1.00 AUD transacted through the Platform in accordance with these Terms, as varied from time to time in accordance with clause 4.1(c) of these Terms.

PayTravel means the travel research and booking service offered pursuant to the PayTravel Terms.

PayTravel Terms means the terms and conditions for PayTravel, the PayTravel Terms will be provided to you if you use the PayTravel services.

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Platform means the Website, our app and any underlying software, as well as email or phone support, including the PayRewards Platform, or any other means through which you may access or use the Services and PayRewards.

Rewards Platform means the portion of the Platform, including the Rewards Store and any underlying software, through which Users can access PayRewards, view and redeem Rewards, and manage their PayRewards Points, and access Member Benefits.

Platform Contact Details means the contact details that you have provided to us and which we will use to communicate with you.

Platform Fee means the fees charged by us for providing the Payment Services and/or Get Paid Services, or in the case of International Payment, fees charged for providing the International Payment Facilitation Services, and as set out in the Pricing Schedule.

Premium Subscription Services means the services or benefits available to you if you are subscribed to the premium subscription, which may include: (a) reduced Fees; (b) premium account management services; (c) PayTravel services (capped); and (d) Strategy Advice.

Pricing Schedule means the pricing schedule setting out the Fees, and other information, available on the Website, as varied from time to time. See here: https://pay.com.au/pricing/.

Privacy Policy means our privacy policy available on our Website, as varied from time to time. See here: https://pay.com.au/privacy-policy/.

Prohibited Industry means the prohibited industries listed on our website, as updated from time to time. See here: https://pay.com.au/payment-rules-and-regulations/.

Prohibited Payment means any payment made in connection with one or more of the Prohibited Industries, or otherwise in connection with any illegal, fraudulent or other improper purpose or as otherwise described in these Terms.

Regular Subscription Services means the services or benefits available to you if you are subscribed to the Regular Subscription, which may include: (a) reduced Fees; (b) PayTravel services (capped).

Relevant Activity means an activity through which PayRewards Points are earned or used, including an Associated Business using the Services and exchanging PayRewards Points for Rewards but excluding transferring PayRewards Points to another User via your User Account.

Reward means any good, service or other benefit that you can obtain using PayRewards Points via the 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 us on the Platform, or benefits obtained via the Platform, Custom Redemptions, PayTravel and PayConcierge.

Rewards Store means the portion of the Platform and any underlying software through which you may submit orders to purchase Rewards using your PayRewards Points.

Rules means our policies, rules and procedures which relate to the Services and/or Platform and deal with matters not dealt with in these Terms, or otherwise expand on matters set out in these Terms. The Rules will be published on the Website and apply as amended from time to time. See here: https://pay.com.au/payment-rules-and-regulations/.

Services means the services provided by us to you, including the Payment Services, International Payment Facilitation Services (but excluding the FX Services provided by the FX Provider), Get Paid Services, services associated with PayRewards and any other services provided by us to you from time to time.

Subscription Fee means the fee payable for the Regular Subscription Service or Premium Subscription Service in accordance with the Pricing Schedule and these Terms, as varied from time to time.

Third Party Seller means a third party that sells or otherwise offers a Reward, including via the Rewards Store, Custom Redemptions, PayConcierge, or PayTravel.

User means an individual who holds an active User Account.

User Account means an online account with Pay.com.au which enables you to use the Platform and access and/or use the Services.

Valid Card means an Australian-issued credit card or debit card that is eligible for use on the Platform and that you provide the details for in a Payment Instruction. The Valid Card must be issued by an Australian issuer.

Valid Card Provider means the financial institution or entity that is the issuer of the Valid Card.

Website means the website located at pay.com.au.

1.2Construction

Unless expressed to the contrary, in these Terms:
words in the singular include the plural and vice versa;
if a word or phrase is defined its other grammatical forms have corresponding meanings;
“includes” means includes without limitation;
a reference to:
1. any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced;
2. “$” or “dollars” is a reference to Australian currency; and
3. a clause, schedule or annexure is a reference to a clause, schedule or annexure, as the case may be, of these Terms;
if the date on or by which any act must be done under these Terms is not a Business Day, the act must be done on or by the next Business Day, unless these Terms expressly requires otherwise; and
headings do not affect the interpretation of these Terms.

2 ACCOUNTS AND ELIGIBILITY

2.1User Account

You must have a User Account to access and use the Services, unless stated otherwise. You can register for a User Account online via the Platform by providing the requested information, answering the mandatory account-opening questions, selecting the desired subscription level and accepting these Terms.
To be eligible to apply for a User Account and use the Services, you must:
1. be resident in Australia;
2. be capable of forming a legally binding contract;
3. hold a valid email address;
4. have a contactable Australian mobile phone number; and
5. meet any other conditions we may require (acting reasonably) from time to time.
Your User Account will enable you to login to the Platform to manage set-up and manage any Business Accounts, use the Platform and Services (subject to setup of a Business Account in the case of Payment Services and Get Paid Services), and to manage other user details regarding your relationship with us.

2.2Business Account

In addition to your User Account, you must also register for a Business Account to access and use certain Services, including the Payment Services and Get Paid Services. We reserve the right to change which Services require a Business Account from time to time.
You can register for a Business Account online via the Platform by providing the requested information, answering the mandatory account-opening questions, selecting the desired subscription level and accepting these Terms. Each Business Account must have an Associated Business and meet the other requirements set out in these Terms.
To be eligible for a Business Account, you must:
1. hold a current ABN, unless stated otherwise;
2. hold an Approved Payment Method; and
3. be either:
  1. a body corporate registered in Australia;
  2. a partnership;
  3. an Australian government body;
  4. an association (incorporated or unincorporated); or
  5. an individual who is at least 18 years old.
We retain the right, in our sole discretion (acting reasonably), to ask for further information or impose additional requirements when considering your application, when verifying your identity, or as part of our compliance obligations (including ongoing monitoring of your User Account). You must provide all reasonably requested information within five Business Days of such a request.
You permit us to keep a record of such information and to share it with third parties in accordance with our Privacy Policy, and authorise us to make inquiries, both directly and through third parties, to verify your identity and the identity of any Authorised Payer, Nominated Payee or holder of an Approved Payment Method, and to protect you and/or us against fraud or other financial crime.
You acknowledge and agree that we may require you to confirm your Valid Card or Bank Account by completing a confirmation process, which will require you to confirm the amounts of two small deposits made by us to you (each between $0.01 and $1.00 AUD).
You agree that we may place limits on your Business Account, including transaction limits, restricting Authorised Payers, restricting Approved Payment Methods and restricting the Nominated Payees that you can pay.

2.3Multiple Accounts

You cannot open more than one User Account.
If you have more than one business, you may open one Business Account for each Associated Business via your User Account. You agree and acknowledge that each Business Account for an Associated Business will be treated as a separate account, including in relation to Authorised Payers.
For the avoidance of doubt, your obligations and rights in relation to a Business Account, including in relation to protecting and maintaining the security of your Business Account, apply to each Business Account separately and do not change if you choose to link or are otherwise associated with more than one Business Account.

2.4Authorised Payers / User Management

You may nominate one or more Authorised Payers to access and issue Payment Instructions via a Business Account. When you add an Authorised Payer to a Business Account, you may be asked to provide information and authority in relation to that Authorised Payer. You represent that any such information and authority is correct and acknowledge that we may rely on it to provide the Services until such time that authority is revoked using the appropriate process via the applicable Business Account by a User Account with appropriate permission levels.
You must ensure that your Authorised Payers use and access the Business Account in accordance with these Terms and with the Rules.

2.5General Account Terms

We may, acting reasonably, refuse to register your User Account or Business Account, register an Authorised Payer, pay a Nominated Payee or otherwise provide you with Services.
You must not, and must ensure that an Authorised Payer does not, use your User Account, the Platform or our Services in a fraudulent manner or in any way that may breach these Terms or damage our reputation.
You warrant that all information provided to us in the setup of your User Account and any Business Account is true and correct, and agree to promptly notify us if any of the information provided needs to be corrected or updated.
You are responsible for protecting and maintaining the security of your User Account (including your login and password), security and access to any Business Account, your Authorised Payers, your Valid Card and Bank Account details and your data against any theft, fraud or illegal activity. You must ensure that your Authorised Payers comply with this obligation. Without limiting the foregoing, if you set up a biometric login, you must ensure only enrol your biometrics with the relevant device and you must protect your biometric details.
You must promptly comply with, and to ensure that any Authorised Payer complies with, any request at any time to provide us with information and other documents required by us to conduct our KYC Procedures. If you do not provide us with the requested information, we may refuse to provide the Services to you.
You are solely responsible for any activity in relation to your User Account or any Business Account, including Payment Instructions, and any activity undertaken by an Authorised Payer. We are not liable for any fraudulent or non-permitted use of your User Account, any Business Account or our Services (except to the extent caused by our gross negligence). You must notify us immediately if you suspect your User Account or any Business Account has been compromised, hacked or the subject of a scam, phishing attempt, or fraudulent or illegal activity.

3 PAYMENTS

3.1Request to use Payment Services

You may from time to time give us a Payment Instruction requesting that we provide you with a Payment Service.
By giving us a Payment Instruction, you agree that the Payment Service we may provide to you in accordance with that Payment Instruction will be subject to these Terms. Each Payment Service we provide to you constitutes a separate agreement between you and us.
You acknowledge that these Terms do not constitute an agreement in advance to accept future Payment Instructions, and any transfer of funds is subject to your acceptance of these Terms at the time of submitting the Payment Instructions and our acceptance of your Payment Instruction.

3.2Payment Services

The Payment Service may involve us providing services in relation to non-cash payment products under our AFSL.
We also provide the International Payment Facilitation Service, which involves us referring you to the FX Provider and arranging for you to receive the FX Services from the FX Provider for the purpose of processing International Payments.
Clause 3.4(b) applies to International Payment Facilitation Services in addition to this clause 3.2.
We will only process Eligible Payments. You must only use the Platform to make payments for business expenses of the Associated Business, and not for any non-business-related purpose.
You must fund payments which you instruct us to make from an Approved Payment Method. In particular, we will not accept payments sourced from foreign bank accounts, foreign cards or cash.
To initiate a payment, you must submit a Payment Instruction via the relevant Business Account. You must provide us with the information requested in the Payment Instruction for us to make the payment to the Nominated Payee, including as appropriate your details, the amount, the payment reference, Nominated Payee BSB, bank account number or BPAY Biller Code. The information requested in an International Payment Instruction may vary depending on the country to which you would like your payment to be sent. You give us permission to store this information for the purpose of future Payment Instructions. For the avoidance of doubt, we will not debit any amount from an Approved Payment Method without a Payment Instruction, and will not process any instruction that is not for an Eligible Payment.
When you submit a Payment Instruction that is not an International Payment Instruction, you authorise us to pay the Nominated Payee on your behalf. When you submit an International Payment Instruction, you authorise us to direct the FX Provider to pay the Nominated Payee on your behalf. You acknowledge that we will not make a payment or direct the FX Provider to make an International Payment before we receive cleared funds in our account equal to the Invoice Amount and our Fees for making the payment. You are responsible for ensuring that your Approved Payment Method has sufficient credit or funds (to cover both the Payment Instruction and our Fees) before submitting a Payment Instruction.
You are solely responsible for ensuring that the Payment Instruction is accurate and complete, and does not include any erroneous information (including the name and account details of the Nominated Payee, the Invoice Amount(s), the date for payment, and method of payment). We will not be liable for any payment made in accordance with details provided by you in a Payment Instruction and you indemnify us against any costs or losses incurred by you or by the Nominated Payee as a result of you providing incorrect information in a Payment Instruction.
Subject to your Approved Payment Method having sufficient funds, Payment Instructions are ordinarily completed on or before two Business Days after the date of the Payment Instruction (T+2) save that International Payment Instructions are ordinarily completed on or before three Business Days after the date of the International Payment Instruction (T+3). We will not process a Payment Instruction before receiving cleared funds, or outside of normal banking transaction hours or on any day that trading banks or card schemes are not open for business. If we receive a Payment Instruction outside normal banking hours, we will process the Payment Instruction on the next day the relevant trading bank or card scheme is open for business.
We do not guarantee that any Payment Instruction will be executed, accepted or recorded. Without limiting the Australian Consumer Law, we are not liable or responsible for any delay, postponement or rejection of a Payment Instruction, including any cost, loss or damage incurred as a result of any late payment to a Nominated Payee, except to the extent that such delay, postponement or rejection was directly caused by our gross negligence or wilful breach of these Terms. If we refuse or postpone a Payment Instruction, we will contact you to advise you of the refusal or postponement but are not required to provide you with any reason.
We reserve the right to refuse, postpone any Payment Instruction or request further information in respect of any Payment Instruction, at any stage of the transaction process for compliance or legal reasons, including if you are in default of these Terms. If we have deducted the Invoice Amount and Fee from your Approved Payment Method and subsequently refuse to finalise the Payment Instruction, we will refund the Invoice Amount and may, in our sole discretion (acting reasonably), refund the Fee. We will refund the Fee where we refuse or are unable to finalise the Payment Instruction due to our gross negligence or wilful breach of these Terms.
You acknowledge that we may use third-party service providers to complete a Payment Instruction and that you may be required to agree to the terms and conditions of a third-party service provider for us to provide you with the Service.

3.3Get Paid Services

We will only accept payment of Eligible Payments and do not accept payments from outside of Australia. You must only use the Platform to make receive business payments of the Associated Business, and not for any non-business-related purpose. You must not use the Platform to receive payments in connection with Prohibited Industries, Prohibited
Before we will provide the Get Paid Services, you must:
1. elect to turn on Get Paid Services in the Platform
2. select your Get Paid Settlement Account;
3. select the PayRewards Package which will apply to Get Paid payments;
4. review and agree to the applicable Package Fees;
5. set-up your Get Paid PayID; and
6. take such other actions required by us in the Platform from time to time.
You acknowledge and agree that if you do not select a valid Get Paid Settlement Account when you opt-in to Get Paid Services or you disconnect a Bank Account selected as the Get Paid Settlement Account, you will not be able to receive payment of Get Paid Settlement Amounts until you have (i) connected and verified a Bank Account to the relevant Business Account and (ii) selected that Bank Account to be the Get Paid Settlement Amount.
You need to nominate PayID prefix to set-up your Get Paid PayID. We reserve the right, in our sole discretion to block or subsequently suspend or cancel any PayID prefix, including in circumstances which we consider it could be unlawful, misleading, deceptive, fraudulent, cause confusion or involve use of any third-party trademark or brand name or any government entity.
We will provide you with Get Paid Payment Method details that you must then provide to Payers for the purposes of making payments via the Get Paid Services. You acknowledge and agree that you are solely responsible for providing the correct details for the Get Paid Payment Methods. If we provide you with our logo or other branding as part of the Get Paid Payment Method details, we grant you a limited, revocable, non-transferable, non-exclusive licence to use the relevant logo or branding solely in the manner provided by us and for the purposes of providing the Get Paid Payment Method details to Payers for the purposes of making payments via the Get Paid Services. You must immediately cease any use of our logo or branding (i) upon our request, (ii) if you cancel of your User Account and/or Business Account, (iii) if you cease using the Get Paid Services.
By using the Get Paid Payment Method details, you acknowledge and agree that Get Paid Payment Method can only be used for incoming payments and you cannot authorise any debits or payments from a Get Paid Payment Method, including entering into any direct debit agreement or arrangement. You are solely responsible for any loss, damage or other issues arising from providing a Get Paid Payment Method to a third party which attempts to debit or otherwise draw payment from that relevant payment method.
When we receive any Get Paid payments from Payers, we will deduct any applicable Fees (in accordance with your Payment Instructions and the Pricing Schedule) and GST, with the balance (Get Paid Settlement Amount) being held in a segregated account until remitted to your Get Paid Settlement Account.
We will remit Get Paid Settlement Amounts held by us at 2pm AET each day, to your Get Paid Settlement Account. The time that we receive Get Paid payments from Payers will depend on a number of factors outside of our control including, when the Payer submits a payment and the Get Paid Payment Method chosen by Payers. You should take this into account when electing to use the Get Paid Services and/or the Get Paid Payment Method details you provide to Payers.
If we receive any payments via Get Paid for amounts less than AUD$1 (Micro Deposits), you acknowledge and agree that:
1. we will display the amount received in respect of that Get Paid payment in the Platform however we will not make payment of the Get Paid Settlement Amount; and
2. for the avoidance of doubt, the selected PayRewards Package (including allocation of PayRewards Points) will not apply.
If we are unable to remit Get Paid Settlement Amounts for a relevant day, or funds are returned to us, due to there being no, or issues with your Get Paid Settlement Amount, we will contact you to resolve the issue. You acknowledge and agree that if we are unable to resolve the issue within a reasonable time, we are entitled to deal with the Get Paid Settlement Amounts in accordance with law.
If you wish to cease using the Get Paid Services, you must take the actions as outlined in the Platform or our Website. When you turn off the Get Paid Services, Payers will not be able to make payments via the Get Paid Payment Methods however please note that this deactivation may take up to three (3) Business Days. Any payments we receive during this period will be dealt with in accordance the immediately preceding Get Paid settings and these Terms.
You can change the PayRewards Package which will apply to Get Paid payments via the Platform. Any change will be applied to any payments received by us after you have actioned this change in the Platform. This means that for any payments received by before you make this change, even if the Get Paid Settlement Amount has not yet been remitted to you, the previous PayRewards Package will apply.
By using the Get Paid Services, you acknowledge and agree that:
1. we will receive the Get Paid payments and will deduct and retain any Fees the until Get Paid Services are deactivated in accordance with these Terms;
2. we do not guarantee that any Payer will make payments via the Get Paid Services and are not involved in any Associated Business-Payer disputes; and
3. we, acting reasonably, may block or reverse a Get Paid payment, including where (i) it is required under applicable laws, (ii) we have a reasonable suspicion of fraud or breach of these Terms, (ii) you have deactivated Get Paid services, your User Account or the associated Business Account.

3.4Other Services

Employer Payment Processing:
1. We may provide the Employer Payment Processing Service upon your request and our approval, as part of the Payment Service.
2. If we approve such a request, we will provide the Employer Payment Processing Service in accordance with the additional terms and conditions in the Employer Payment Processing Service Annexure.
International Payments:
1. To access the International Payment Facilitation Service and FX Services, you must opt-in to 'International Payments' via your Business Account. By opting-in, you consent to us providing your personal information, and any other information provided by you, to the FX Provider for the purposes of accessing the FX Services. Once the opt-in procedure is completed, your access is then subject to the FX Provider's approval in each instance, such approval being given in its sole discretion. We reserve the right to remove your access to the International Payment Facilitation Service and FX Services at any time in our sole discretion.
2. By making an International Payment Instruction, you authorise us to refer you to the FX Provider to provide the FX Services directly to you and you consent to us providing your personal information, and any other information provided by you, to the FX Provider for the purposes of processing your International Payment Instruction. Any information or explanation provided by us in connection with an International Payment is General Financial Product Advice only and has been prepared without taking into account your objectives, financial situation or needs. You should consider whether the information is appropriate for your circumstances and seek independent advice where appropriate.
3. You acknowledge that Pay.com.au is not currently acting as issuer of Foreign Exchange Contracts for the purposes of the International Payment Facilitation Service and you will be required to enter into a separate arrangement with the FX Provider in order to complete your International Payment. You will be required to agree and comply with the FX Provider's own terms and conditions. If you do not agree to be bound by FX Provider's terms and conditions, we will not provide you with the International Payment Facilitation Service.
4. If you proceed to use the International Payment Facilitation Service, it is your responsibility to read the FX Provider's terms and conditions as amended from time to time and agree to be bound by them, as required by the FX Provider, and you indemnify us in relation to any loss or damage that we suffer as a result of you breaching any such terms and conditions.
PayRewards:
We provide PayRewards and related Services to Users in accordance with clause 4 of these Terms.

3.5Approved Payment Methods

You may link more than one Approved Payment Method to a Business Account, subject to:
1. you having and confirming the authority from the relevant Associated Business to access and use the Approved Payment Method, including to make payments via the Platform;
2. you agreeing to these Terms; and
3. our sole discretion (acting reasonably), which may be exercised to refuse the request to link an Approved Payment Method for any reason.
You are responsible for ensuring that the issuer of your Approved Payment Method will fulfil payments required to complete a Payment Instruction authorised by you.
We are not liable for any failure of the issuer of your Approved Payment Method. You acknowledge that the issuer of your Approved Payment Method may not permit you to process payments via the Platform, and you are liable for any and all expense, damage or loss incurred by us in the event of the misuse or unauthorised use of your Approved Payment Method and agree to indemnify us in relation to any loss, costs incurred by you, or any claims made against you, which are connected with or flow from any action or failure to act by the issuer of your Approved Payment Method.
You are deemed to have provided us with unconditional authorisation for your Approved Payment Method to be debited or charged with the Invoice Amount and the corresponding Fees when you submit a Payment Instruction.
You are responsible for ensuring that any Payment Instruction submitted from your Business Account, the reason for the Payment Instruction and the Nominated Payee are permitted under the terms of your Approved Payment Method including prohibitions imposed by card issuers, and prohibitions imposed by account providers, which relate to your use of an Approved Payment Method.
We are not liable for any loss or damage suffered by you, or any claim made against you, in relation to any fraudulent or non-permitted use of your Business Account or Approved Payment Method. You must notify us immediately if your Approved Payment Method is compromised, including for example if your Valid Card is lost or stolen or your Bank Account details have been hacked, by emailing support@pay.com.au. If we receive such notice, you authorise us to take reasonable steps to cancel any pending Payment Instructions using that Approved Payment Method and that we may refuse to accept new Payment Instructions using that Approved Payment Method.
We, acting reasonably, may refuse to add a Bank Account or Valid Card, and may place conditions or restrictions on your ability to add an Approved Payment Method.
You are responsible for ensuring that the details of any Approved Payment Method that you link to your Business Account are correct.
You represent and warrant that you are authorised to access and use any Valid Card and/or Bank Account that you link to your Business Account. You agree that any payment initiated from your Business Account to complete a Payment Instruction, including in accordance with a direct debit authority, and the subsequent remittance to the Nominated Payee, is based on your instruction and done on your behalf, and that you are responsible for the transaction.

3.6Nominated Payees

We will not make payment to any payee that where we have a reasonable belief that they are operating in the prohibited or restricted industries as set out in the Rules. We reserve the right to otherwise refuse to approve a Payment Instruction to a payee where we have a reasonable belief a payment to the relevant payee would be unlawful, place us in breach of our legal obligations, contractual obligations with a third party, or otherwise cause risk to us. We will not change the Rules without at least 14 days' notice, unless we are required to make such change to comply with our legal obligations, contractual obligations with a third party, or to otherwise manage a risk to us.
You may add or remove a Nominated Payee via the functionality contained in the Platform. When adding a Nominated Payee, you must provide us with the information that we request in relation to the Nominated Payee. Such information may include:
1. the Nominated Payee's legal name, trading name, address, phone number, email address and other contact details;
2. if the Nominated Payee is not an individual, an individual's contact name and details;
3. the Nominated Payee's bank account details (for fund transfers) or other payment details;
4. the Nominated Payee's ACN and/or ABN; and
5. for International Payments, any other information required by the FX Provider or relevant overseas financial institution.
We retain the right to disclose to Valid Card Providers any information we collect in relation to Nominated Payees to enable us to comply with the law and our third-party contractual obligations. To the extent applicable, you agree to inform Nominated Payees that we will collect and disclose such information.
If there is an error or issue with, or related to, a payment to a Nominated Payee, you agree that we may contact the Nominated Payee in relation to such error or issue.

3.7How We Make Payments

In relation to Payment Instructions other than International Payment Instructions, we remit the Invoice Amount to the Nominated Payee after we have received the Invoice Amount plus applicable Fees from your Approved Payment Method. In relation to International Payment Instructions, we remit the Invoice Amount to FX Provider after we have received the Invoice Amount plus applicable Fees from your Approved Payment Method. The FX Provider will convert the amount into the relevant foreign currency, in accordance with the rates displayed on the Platform which we are authorised to display on behalf of the FX Provider. Any foreign exchange currency rates displayed on the Platform are offered by the FX Provider and not by us. The FX Provider will send the converted amount to the Nominated Payee in accordance with each International Payment Instruction. Payments processed via the Platform will appear on your Approved Payment Method account as a "purchase" from Pay.com.au.
You acknowledge and agree that when you make a payment, we will charge your Valid Card or Bank Account (depending on the Approved Payment Method selected on your Payment Instruction) for the Invoice Amount plus any related Fees.
We use third-party services providers to process Payment Instructions. We have no control over third-party providers we engage and are not responsible for any delay in processing a Payment Instruction caused by a third-party provider, including the merchant facility we use to process Valid Card transactions, the issuer of your Approved Payment Method, FX Provider or any other payment service provider.

3.8Invoice Amounts Held on Trust

Visa, Mastercard, and Bank Payments:
1. We hold all Invoice Amounts cleared and deducted from a Visa, Mastercard, or bank transfer payment method on trust for you, and for the sole purpose of completing the Payment Instruction, until the Payment Instruction has been remitted to your Nominated Payee, or in the case of an International Payment Instruction, until the International Payment Instruction has been remitted to FX Provider to be processed. These funds are held in a segregated account with our settlement bank, which is used solely for the purpose of remitting customers' Invoice Amounts to their Nominated Payees or FX Provider (in the case of International Payments). Whilst these funds are held on trust for you, and until either remitted to your Nominated Payee, to FX Provider (in the case of International Payments) or returned to you, we expressly acknowledge and agree that we will not use the Invoice Amounts for any other purpose.
American Express Payments:
1. We hold all Invoice Amounts cleared and deducted from an American Express Card on trust for American Express until the Payment Instruction has been completed or in the case of an International Payment Instruction, until the International Payment Instruction has been remitted to the FX Provider to be processed. This means that, in the event of our insolvency, the money deducted from your American Express Card and held by us on trust for American Express will be returned to American Express. Accordingly, you will be able to make a claim with American Express for your deducted funds.
Returning Invoice Amounts:
1. If the funds are not paid to the Nominated Payee in accordance with the Payment Instruction for whatever reason, including if we refuse to complete a Payment Instruction, the Invoice Amount will be returned to the Valid Card or Bank Account from which the funds came (in respect of International Payments, the amount returned may be different if the Invoice Amount was required to be exchanged to AUD from a foreign currency at a different rate).
2. For the avoidance of doubt, Fees paid in relation to a Payment Instruction are paid to us and are not held on trust for you or American Express.

3.9Cancelling or Refunding Payments

Whether or not a Payment Instruction can be cancelled depends on: (i) the status of that Payment Instruction (as displayed in your Business Account); and (ii) the status of the funds associated with that Payment Instruction. In respect of the status of funds, when we receive funds in respect of a Payment Instruction will depend on the Approved Payment Method used. The table below sets out further detail on the cancellation of Payment Instructions.

Payment Instruction status in Platform	Status of funds	Cancellation	Refund
Processing	Invoice Amount/Fees have not yet been received by us.	Payment Instruction can be cancelled.	You will keep the Invoice Amount and do not need to pay the Fees to us. For International Payments only: You may be required to pay an additional fee – see clause 3.9(c) below.
Processing	Invoice Amount/Fees have been received by us.	We will determine in our sole discretion (acting reasonably) whether or not Payment Instruction will be cancelled.	If cancelled, we will return the Invoice Amount but will retain the Fees. For International Payments only: The Invoice Amount returned may be different and you may be required to pay an additional fee – see clause 3.9(c) below.
Sent	Transfer of funds has been initiated to Payee	Payment Instruction cannot be cancelled.	Invoice Amount has been remitted to Nominated Payee. Fees will be retained by us.
Failed	Invoice Amount/Fees have not yet been received by us.	Payment Instruction can be cancelled.	You will keep the Invoice Amount and do not need to pay the Fees.
Failed	Invoice Amount/Fees have been received by us.	Payment Instruction can be cancelled.	We will return the Invoice Amount and retain the Fees, except where the failure was directly caused by our grossly negligent acts or wilful breach of this Terms. For International Payments only: You may be required to pay an additional fee – see clause 3.9(c) below.

Where we have a right to retain Fees in respect of any cancelled Payment Instruction as set out in the table above, we may, in our sole discretion, elect to return the Fees (or part thereof) to you.
If we reverse or cancel an International Payment Instruction or refund any payment after it has been received by us, the amount refunded may be different to the original Invoice Amount due to currency exchange fluctuations. If we instruct the FX Provider to cancel or reverse an International Payment Instruction, there may be an additional fee charged by the FX Provider for such cancellation or reversal, and we reserve the right to deduct such fee from the Invoice Amount before refunding the balance to you. If there is an additional fee charged by the FX Provider, we will notify you of this at the time we agree to proceed with the cancellation or reversal.
You acknowledge that any remittance of an Invoice Amount in accordance with a Payment Instruction is done on your behalf. If you have a dispute with the Nominated Payee concerning a payment or transaction after a Payment Instruction has been processed, you are solely responsible for recovering any amount that you wish to recover from a Nominated Payee. You release and indemnify us from and against any dispute or claim arising from a payment to a Nominated Payee made pursuant to a Payment Instruction.
You acknowledge that any Invoice Amount paid to us that is subsequently disputed or reversed, or which we are required to refund to you by the issuer of the Approved Payment Method, may not be forwarded to, or may be recalled by us from, the Nominated Payee. If your intended payment to the Nominated Payee is stopped or recalled or recovered by us, you may still be obliged to pay such Invoice Amount to the Nominated Payee under the terms of your agreement with the Nominated Payee. If we are unable to recall or recover funds that have been disputed or reversed, you are responsible and liable to pay us any outstanding amounts owed to us, which may include but are not limited to Fees for processing the relevant Payment Instruction.

3.10Chargebacks & Reversals

You acknowledge that if the funds you pay to us for us to complete a Payment Instruction are not received by us in cleared funds, or are reversed or charged back (including a charge back or reversal by a Payer in respect of Get Paid payment), we may suffer loss and damage in an amount not less than the applicable Invoice Amount/Get Paid Settlement Amount and Fees.
To the extent permitted by law, and to the extent permitted by our agreements with our banks, card issuers, merchant facility providers and other third parties, you (i) agree not to seek, or request or encourage a Payer to seek, a credit card chargeback or payment reversal in respect of any payment made to us which relates to a Payment Instruction and (ii) acknowledge that you are not subject to detriment as a result of this obligation having regard to the overall benefit that you are receiving from the Payment Services and/or Get Paid Services. Pay.com.au requires you to agree to this clause because it is reasonably necessary to protect the legitimate business interests of pay.com.au, including because (i) it is required by certain card schemes to enable us to provide the Services and (ii) ensures pay.com.au can maintain adequate financial management and solvency, in circumstances where pay.com.au is not the appropriate party to bear liability for credit cards chargebacks or payment reversals.
You indemnify each Indemnitee for any loss, cost, expense or damage which we incur due to a payment being reversed, charged back or otherwise not received by us, and without limitation, you agree to compensate us for an amount equal to the Invoice Amount and/or Get Paid Settlement Amount that was reversed, charged back or not received plus associated Fees, including in circumstances where the Payer initiates a reversal or charge back.
We may, after providing you with at least 5 Business Days’ written notice of the amount we intend to recover and the basis for that recovery, charge your Valid Card or Bank Account for the amounts which we are entitled to recover pursuant to our right to be indemnified under clause 3.10(c), unless you dispute that entitlement in writing within 5 Business Days of receiving a notice from pay.com.au under this clause.

4 PAYREWARDS LOYALTY PROGRAM

4.1How to Earn/Receive PayRewards Points

You may receive PayRewards Points as follows:
1. as a result of an Associated Business making Eligible Payments via the Platform with a PayRewards Package applied, and paying the applicable PayRewards Fee;
2. as a result of a transfer from another User;
3. from a promotion offered by us or a third-party from time to time; and
4. otherwise from engaging in a Relevant Activity.
For PayRewards Fees earned via Eligible Payments, the PayRewards Points Earn Ratio and PayRewards Fee charged will depend on the PayRewards Package 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 a PayRewards Package. For Get Paid payments, the PayRewards Package is selected at the time of setting up Get Paid and will apply to all Get Paid payments receive until an alternative selection is made or Get Paid services are disabled.
We may vary the PayRewards Points Earn Ratio from time to time by updating our Website. We will give you at least 30 days’ notice of a change to the PayRewards Points Earn Ratio.
We reserve the right to reverse or cancel any PayRewards Points which are credited to a User by mistake, or which were otherwise "earned" or allocated in a manner that does not accord with these Terms, or any other terms and conditions which applies to the relevant Relevant Activity and/or promotion (including the terms and conditions of a third-party where applicable).
PayRewards Points may be subject to personal, business income or other tax assessment, including in relation to any associated business activities. You 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, or otherwise as a result of your participation in PayRewards.
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 User Account in relation to a cancelled or reversed payment, we may cancel those PayRewards Points in our sole discretion (acting reasonably).

4.2Member Benefits

Each PayRewards Package gives Users access to certain Member Benefits, in addition to PayRewards Points. The Member Benefits associated with each PayRewards Package tier are set out on our Website and will also be viewable by Users in the Platform (if they have an active PayRewards Package).
Where a User makes or receives a payment via the Platform with a PayRewards Package included (Member Benefits Qualifying Activity), the User will have access to the Members Benefits for the relevant PayRewards Package Tier for a period of 30 days. At the end of the 30-day period, the User will cease having access to the relevant Member Benefits unless another Members Benefits Qualifying Activity occurs (in which case the 30-day period will reset).
From time to time, Member Benefits may include discounts, offers or other promotions offered by third-parties (Third-Party Member Benefits Offer), in this case pay.com.au and the following terms apply:
1. Third-Party Member Benefits Offer are provided by the relevant third-party, not pay.com.au, our sole role is informing you that the Third-Party Offer is available and how to access that offer;
2. each Third-Party Member Benefits Offer is subject to the relevant third-party’s own terms and conditions, including pricing and may be subject to availability;
3. we are not a party to the transaction between you and the third-party;
4. we do not sell, supply, endorse, sponsor or guarantee any third-party’s goods or services and we are not responsible for its availability, quality, delivery, fulfilment, cancellation or refund; and
5. any dispute in relation to a Third-party Member Benefits Offer must be resolved directly between you and the relevant third-party.
We may receive a fee, commission or other benefit from a third-party in connection with making the Third-Party Member Benefits Offer available to you.
We do not guarantee the ongoing availability of any Third-Party Member Benefit Offer and we may add, change, suspend or withdraw any Third-Party Member Benefits Offer at any time without notice.
Nothing this sub-clause excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or other consumer protection laws that cannot be lawfully excluded.

4.3Transfer of PayRewards Points

You may request that we transfer a portion of your PayRewards Points to another User if they have a relationship to you which meets one of the permitted categories set out in the Platform. If you make such a request, we may transfer your PayRewards Points to that other User or refuse your request in our sole discretion (acting reasonably).
You are prohibited from charging or receiving any consideration from the recipient User for any transfer of PayRewards Points in any way, and agree and acknowledge that a transfer to another User will be treated as a gift and cannot be reversed.
If you are the transferrer or recipient of any PayRewards Points, you acknowledge and agree that you are solely responsible for taxation implications relating to that transfer of, or subsequent use of, PayRewards Points.

4.4How to Redeem PayRewards Points and Rewards

Your PayRewards Points can be exchanged for Rewards at any time in the following ways, as available from time to time:

Type of redemption	Description	How to redeem
Partner Rewards redemptions	Exchanging your PayRewards Points for points in the loyalty or rewards programs offered by our PayRewards Partners.	Via the Rewards Store
Rewards Store redemptions	Exchanging your PayRewards Points for Rewards that are displayed on the Rewards Store from time to time.	Via the Rewards Store or by contacting our team directly on 1300 241 723 or at support@pay.com.au
Custom Redemptions	If you're after something that's not listed on the Rewards Store you can ask a member of our team to source the desired product/service from a third party, and purchase using your PayRewards Points. Custom Redemptions can also be used to pay for your eligible Invoice Amounts.	Via the Rewards Store or by contacting our team directly on 1300 241 723 or at support@pay.com.au
Invoice Redemptions	You redeem PayRewards Points for us to make payment of your supplier invoices on your behalf.	Via the Rewards Store or by contacting our team directly on 1300 241 723 or at support@pay.com.au
Credit Card Statement Redemptions	You redeem PayRewards Points for us to make payment of your credit card statement on your behalf.	Via the Rewards Store or by contacting our team directly on 1300 241 723 or at support@pay.com.au
Gift Cards	Prezzee Gift Cards or digital Mastercards are available to redeem via the Rewards Store. Other gift cards or vouchers may also be available via a Custom Redemption.	Via the Rewards Store or by contacting our team directly on 1300 241 723 or at support@pay.com.au
PayConcierge services	Users who transact $5,000 or more in a 30-day period have access to the PayConcierge service (see clause 4.10 for more details).	By contacting our team directly on 1300 241 723 or at concierge@pay.com.au
PayTravel services	Advisory: Research and preparation of travel itineraries. Booking: We can book your requested travel itinerary directly with our third party partners. See the PayTravel Terms for more information.	By contacting our team directly on 1300 241 723 or at travel@pay.com.au
Other Rewards	From time to time, we may offer other types of Rewards not listed above. Where we do so, we'll advise you of any specific terms and conditions that may apply to such Rewards.	As applicable

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.
You 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 may change from time to time and 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, we accept 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.
You may redeem PayRewards Points to obtain Rewards, including Custom Redemptions, at your own discretion. We do not give any warranty or make any representation in relation to the underlying value of PayRewards Points or any Rewards (other than the face value of gift cards denominated in dollars).

4.5Rewards Platform and Rewards Store

You must be the User Account holder to access the Rewards Platform and purchase Rewards using your PayRewards Points. You must not shop on behalf of another User or enable another person to access your User Account to shop on your behalf.
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.
The promotion of a Reward in the Rewards Platform does not constitute an offer to sell by us. 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.
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 an Approved Payment Method and authorisation to deduct from that Approved Payment Method to pay for any associated payment.
After we confirm 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.
You must carefully review your Order before submission. You are responsible for any discrepancies or errors in your Order caused by you.
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.
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.
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.
Any purchase of a Reward will include GST where applicable.

4.6PayRewards Partners and Partner Rewards

We partner with PayRewards Partners to enable Users to exchange PayRewards Points for Partner Rewards.
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.
You acknowledge that:
1. you are responsible for providing the correct membership information, including 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. it is your responsibility to read any terms and conditions that apply to a PayRewards Partner Program; and
4. we are not responsible or liable for any failure in relation to your Valid Card or PayRewards Partner Program.
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 we are not liable for any fluctuation in the value of a Partner Reward.
In some cases – PayRewards Partners may impose points caps or other restrictions in respect of redemptions of PayRewards Points for Partner Rewards. We will be reasonable efforts to provide you with as much notice as reasonably possible in respect of such caps or restrictions but otherwise the imposition of such caps or restrictions are outside of our control and, to the extent permitted by law, we do not bear any liability for such caps or restrictions.
For the general terms applicable to all third-party Reward Programs, including PayRewards Partner Programs, see clause 5 of these Terms.

4.7Custom Redemptions

You may instruct us to act as your agent to source and purchase a Reward from a third party using your PayRewards Points that is not available on the Rewards Store. We are under no obligation to accept your instruction to source custom rewards and may reject an instruction at our sole discretion.
When you use Custom Redemptions, you acknowledge and agree that:
1. we are acting as your agent and are not a party to the contract with the third party supplier or service provider;
2. we do not guarantee that we will be able to source or purchase any good or service;
3. we do not make any representation in relation to, nor are we responsible for, any Reward purchased or received using Custom Redemptions; and
4. you authorise and consent to us 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.
Before confirming an Order made via Custom Redemptions, we will confirm the number of 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 us submitting the Order with the relevant third party on your behalf before we place an Order when using Custom Redemptions and we may require you to acknowledge additional terms and conditions and/or enter into an additional agreement to complete the Customer Redemption.

4.8Invoice Redemptions and Credit Card Redemptions

In respect of Invoice Redemptions:
1. you must provide us with a valid and legitimate tax invoice via the Platform;
2. any payment must comply with the Payment Rules and these Terms as if it were a Payment Instruction, including that the payment must not be a Prohibited Payment;
3. may only be made for invoices which were incurred for business purposes and not for personal, family or household purposes;
4. we may mandate a minimum points threshold for Invoice Redemptions from time to time, which will be communicated to you via the Platform;
5. a redemption can only be made for the full invoice amount only, partial payment of invoices is not permitted;
6. you must not request an Invoice Redemption for an invoice that has already been paid in whole or in part;
7. you must only make a redemption for an invoice in respect of goods you have received or for services already provided. You agree you will not make a redemption for goods or services that have not yet been received or delivered or for which you are aware there is a dispute, complaint, or unresolved issue regarding the quality, delivery, or performance of those goods and/or services;
8. billed in a supported foreign currency, a redemption surcharge may apply, which will be communicated to you via the Platform. What constitutes a supported foreign currency will be determined by us (in our absolute discretion). We will inform you if we are unable to fulfil your request; and
9. we have the right to request further information in respect of any Invoice Redemption and to refuse to make payment of any Invoice Redemption if we consider it breaches these Terms.
In respect of Credit Card Statement Redemptions:
1. you provide us with a valid and legitimate credit card statement the Platform;
2. must only be made in respect of a Valid Card;
3. the charges to which the redemption is applicable must be for business purposes only and not for personal, family or household purposes;
4. the relevant credit card must be in the name of either the User requesting the payment, or an Associated Business of which the relevant User is the Account Owner via the Platform;
5. we may mandate a minimum points threshold for Credit Card Statement Redemptions from time to time, which will be communicated to you via the Platform;
6. you must not request a Credit Card Statement Redemption which would result in your credit card account balance becoming positive; and
7. we have the right to request further information and refuse to make payment of any credit card statement if we have reasonable grounds to believe that it breaches these Terms.
When you use Invoice Redemptions and Credit Card Redemptions, you acknowledge and agree that:
1. we are acting as your agent and are not a party to the contract with the third party supplier or card issuer;
2. our sole responsibility is to make payment of the relevant invoice or credit card statement on your behalf if your request, and your use of the Platform otherwise, complies with these Terms; and
3. it may take up to three (3) business days for us to fulfill your request (once we have received all necessary information), you remain solely liable for any and all obligations owed directly to the relevant third party supplier or card issuer.

4.9Gift Cards and Vouchers

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.
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.

4.10PayConcierge Service

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 User is affiliated with the one Associated Business, the payment only permits one User to access the PayConcierge Service.

4.11PayTravel Service

The travel advisory and points booking services available via the PayTravel Service are subject to the PayTravel Terms.

4.12Third Parties and Third Party Sellers

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.
Where we do so, although we facilitate the transaction to purchase a Reward, we are 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. We are not a party to the contract and take no responsibility for the sale of Rewards by Third Party Sellers.
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 access to a PayRewards Partner Reward, Custom Redemption, PayTravel, or PayConcierge.
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.
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 us at any time. If a third party suspends or terminates its arrangement with us, we will not be able to offer the service that relies on that service provider, for example PayConcierge.
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.

4.13Points Plus Pay

In certain circumstances, Users may request to acquire eligible Rewards using a combination of PayRewards Points and 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.
Users 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 User at such time and must be agreed to prior to a Points Plus Pay Redemption request being accepted.
For the avoidance of doubt, payments made using Points Plus Pay which are made in the User's individual capacity will not earn PayRewards Points.

4.14Responsibility and Information in relation to Rewards

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.
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.
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.

4.15Cancellation and Returns

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.
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.
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 User Account and payment made from your Payment Source will be refunded.

4.16Shipping and Delivery of Rewards

Subject to these 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.
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.
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.
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.

4.17Consumer Guarantees

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.
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.
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 us. 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.

4.18Expiration and Cancellation of PayRewards Points

Your PayRewards Points balance will expire:
1. upon termination of your User Account;
2. if you or any Business Account of which you are the Account Owner does not engage in a Relevant Activity for a period of 18 consecutive months or more; or
3. upon termination of PayRewards.
If we reasonably 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.
If your User Account or any Business Account of which you are the Account Owner is suspended in accordance with these Terms, your PayRewards Points will not be redeemable during the suspension but will not be cancelled.
PayRewards Points will not be re-credited after they have expired or have been cancelled.

4.19Continuation of PayRewards

We give no warranty and make 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.
We will give at least 3 months' written notice to Users of such termination or suspension, except if we cease to provide the Services in which case it will cease immediately.
Your access to the Rewards Store may otherwise be suspended or restricted in accordance with these Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.

5 THIRD PARTY REWARD PROGRAMS

The provisions of this clause apply to all third-party Reward Programs, including PayRewards Partner Programs. PayRewards, including the issue and redemption of PayRewards Points, is separately provided pursuant to clause 4 of these Terms.
Reward Program means any third-party rewards or loyalty program, including an Approved Payment Rewards Program or Partner Rewards Program, through which you may earn points or other benefits.
You may also earn points from a Reward Program on completed Eligible Payments. For example, you will earn Amex points when you use your American Express Card to make a payment via the Platform.
To earn reward points from a Reward Program via Eligible Payments or otherwise, you are required to be a member of that Reward Program and not be in breach of the terms and conditions that apply to that Reward Program.
We do not guarantee that reward points for a Reward Program will be earned in relation to an Eligible Payment or other activity via the Platform. You agree that the existence or extent of benefits (including reward points) from using a Valid Card will depend on the terms and conditions relevant to the relevant Reward Program and the Valid Card.
We are not responsible or liable for any failure by you, or by the Reward Program provider, in relation to the provision of the Reward Program or issuing of reward points, including points not being issued to you as a direct or indirect result of your failure to ensure that your information is correct and updated.
We are not agents or representatives of the third-party Reward Programs. It is your responsibility to read any terms and conditions that apply to a Reward Program, and you indemnify us in relation to any loss or damage that we suffer as a result of you breaching any such terms and conditions.
Information that we provide to you, including on our Website, in relation to a Reward Program has been obtained or provided to us from third-party providers. We are not responsible for any misrepresentation or false information obtained from, or provided to us, by third parties.
You must not use or exploit our Services or Platform to knowingly make a false claim for any benefit under a Reward Program.
You acknowledge that we may be required to have discussions with and disclose your information to the provider of a Reward Program, including for the purposes of resolving any complaint or claim made by you, verifying your membership account or enabling you to participate in a promotion, and you authorise us to do so.

6 FEES

6.1Fees

You agree that you will pay our Fees as charged from time to time as consideration for us providing the Services.

6.2Subscription Fees

When you register for a Business Account, subject to your application being accepted, you will be given a 30-day free trial to use the Platform. After the 30-day free trial, you will be asked to select between three subscription levels: Free, Regular and Premium Subscription Services.
The Fees, including the Subscription Fee, will vary according to your subscription level. You can change subscription levels at any time via your Business Account.
The Subscription Fee will be charged every three months in advance based on the date that you were granted a Business Account and deducted from your chosen payment method. For example, if you are granted a Business Account on 25 January, you will be charged on 25 April, or the first Business Day immediately following that day. If you change your Subscription level during the three-month period for which you have paid, the difference in Subscription Fee will be charged on a pro-rata basis on the next payment date.
The Subscription Fee is not refundable where you choose to cancel or downgrade your subscription. If you cancel your subscription during a three-month period for which you have paid, we are not required to refund Subscription Fees paid in advance, and you will continue to have access to the Regular Subscription Services Services or the Premium Subscription Services (whichever is applicable) until the end of the then-current three-month subscription period. However, if we terminate your account other than for your breach of these Terms, we will refund any Subscription Fee paid in advance on a pro-rata basis for the unexpired portion of the then-current subscription period.
We may decrease or waive a Fee for promotional purposes from time to time, in our discretion.
We may change the Fees payable for the Services from time to time, and will provide at least 3 months' notice of any Fee increase.

6.3Platform Fees

We will charge Platform Fees for each Payment Instruction submitted by you. The Platform Fees will be charged in addition to the Invoice Amount charged to or debited from your Approved Payment Method.
The Platform Fees charged will differ depending on your Approved Payment Method and subscription level, in accordance with the Pricing Schedule, as varied from time to time.
For the avoidance of doubt, the Platform Fee charged for a transaction is in consideration for the Payment Service or partial consideration for the International Payment Facilitation Service that we provide to you, and is not a fee or cost imposed by any PayRewards Partner.

6.4International Payment Fees

We charge you a fee for facilitating each International Payment (the 'International Payment Facilitation Fee'). The International Payment Facilitation Fee is 0.2% of the FX Provider's 'buy price' for that International Payment. This fee is built into the FX rate that the FX Provider presents to you in respect of any International Payment and is not displayed separately as an additional fee when you complete a Payment Instruction.
You may also be required to pay the FX Provider (via us) a flat fee in respect of an International Payment – if this fee is payable, it will be displayed to you separately at the time of submitting an International Payment Instruction.
Platform Fees may also be payable by you in respect of an International Payment, depending on the Approved Method used.
You agree to pay any additional fees charged by the FX Provider and incurred by us in relation to the processing of an International Payment Instruction, provided such additional fee is set out in the FX Provider's terms and conditions, and instruct us to deduct the amount of any such fee directly from your selected Approved Payment Method. Circumstances where an additional fee may be charged include where:
1. you request to cancel or reverse an International Payment Instruction or International Payment;
2. an International Payment Instruction is unable to be processed or is processed later than expected for reasons within your control;
3. an intermediary bank charges an additional fee; and
4. as otherwise set out in the FX Provider's terms and conditions.

6.5PayRewards Package Fees

We charge the PayRewards Package Fee where a PayRewards Package has been selected in respect of an Eligible Payment. More details in respect of PayRewards Packages are set out in clause 4 of these Terms.

6.6Other Fees

We are not liable to pay any fees associated with your Approved Payment Method. We will pass on any fee charged by the issuer of your Approved Payment Method and paid by us in processing the Payment Instruction.
You agree to pay any additional fee charged by a third party and paid by us in relation to processing a Payment Instruction, including any dishonour fees, and instruct us to deduct the amount of any such fee directly from your selected Approved Payment Method.

7 GENERAL TERMS OF USE

You will not, and you will not permit any other person (including any Authorised Payer) to:
use or access the Website, Platform or Services in a way that infringes our intellectual property rights or the intellectual property rights of any other person;
use or access the Website, Platform or Services in a way that breaches a term of an agreement between you and a third party, including the provider of an Approved Payment Method or Reward Program or FX Provider;
use any virtual private network or anonymous network or protocol to access the Website, Platform or Services;
use any method or process to consolidate or combine the Website or Platform with any other content, data, information, image or material;
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;
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;
knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform;
do anything which will or may place an unreasonable load on the infrastructure of the Website or Platform;
post, distribute or send any 'spamming' material or any other form of bulk communication on or via the Website or Platform;
use the Website, Platform or Services to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform;
impersonate any person or entity;
use the Website, Platform or Services for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing;
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;
otherwise use the Website, Platform or Services for any purpose that may harm our reputation or the reputation of a PayRewards Partner; or
act upon a communication or notice if you are uncertain or suspicious about its authenticity.

7.1Your Obligations, Responsibilities and Acknowledgements

You agree not to:
1. act in any way that breaches these 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 User, 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 these Terms; or
5. sell or attempt to sell PayRewards Points for AUD or other fiat currency to any third party.
Without limiting the Australian Consumer Law, 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;
3. a suspension or termination of PayRewards, and
4. that we are not liable for any loss or damage suffered as a result.
It is your responsibility to ensure that your contact details are current and up to date at all times, and to check for communications and information from us.

7.2Prohibited Uses

The Platform is intended to be used by you for business purposes only and not for personal, family or household purposes. The Platform must not be used for any other purpose, including investment, trading, gambling, activities relating to a Prohibited Industry or any other purpose that may increase the risk of the Platform being used to launder money or finance terrorism, or be used to deal in the proceeds of crime.
You must not use the Platform to make a Prohibited Payment, or to pay yourself or a relative. If you are a company, you must not use the Platform to make a payment to a subsidiary or related entity, shareholder, director or associate. You must not use the Platform to make Employment Payments unless you are enrolled in the Employer Payment Processing Service.

7.3App Updates and Supported Versions

You must keep our mobile app up to date and install updates promptly when released. We may designate a minimum supported version of the app and, acting reasonably, restrict, suspend or disable access to all or any part of the mobile application, including the ability to access the Payment Services.
Where we reasonably consider it necessary to protect the security or integrity of the Platform, Services or any User Account or Business Account, you will not be able to access the app until you have updated to the minimum supported version. We will give you advance notice (via the Platform, email or in-app message) where practicable.
To the maximum extent permitted by law, we are not liable for any loss or damage arising from your use of, or restriction from using, an unsupported version of the app. You remain responsible for ensuring that payments to Nominated Payees are made on time using an alternative method, or for taking any other time sensitive action, if you are unable to use the app.

7.4Use of New Features

From time to time, we may make new features available to you for testing. These features will be clearly identified, or communicated to you, as being in “testing” or “beta” mode, and your use of such features is subject to these Terms.
To the maximum extent permitted by law, your use of new features is at your own risk and we will not be liable for any loss or damage you may suffer as a result of using any feature that is in testing or beta mode.
We do not guarantee the ongoing availability of any new features.
You agree, in consideration for the opportunity to test new features, to provide genuine and honest feedback to our team and will not share details about any new features with any third-party until such features are publicly available.

8 YOUR REPRESENTATIONS

You acknowledge, represent and warrant that:
you will use the Website, Services and/or Platform in accordance with these Terms and the Rules;
you have established your Business Account for business purposes only and not for personal, family or household purposes and your use of the Services and Platform is for business purposes only and not for personal, family or household purposes;
if you are an individual, you are 18 years or older and capable of entering into a legally binding agreement;
if you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so;
all Authorised Payers have been validly appointed by you, and you will immediately notify us if a person ceases to be an Authorised Payer;
you are not using an anonymous network to access the Website, Platform or Services;
you will immediately notify us if you suspect your User or Business Account has been compromised, hacked or the subject of a scam, phishing attempt, or fraudulent or illegal activity;
all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify us of any error or changes to such information
you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them;
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;
you are solvent and can pay your debts as and when due and no steps have been taken to place you into bankruptcy, voluntary administration, liquidation, receivership or a similar proceeding;
your use of the Website, Platform and/or Services, including the submission of Payment Instructions, does not infringe the rights of any third party or breach any applicable law;
you are authorised to initiate Payment Instructions and to use the Approved Payment Methods;
you will not use the Website or Platform to make a Prohibited Payment or for any illegal or improper purpose including money laundering, tax evasion or the financing of terrorist activities;
you will not use the Platform to pay for goods or services that have not yet been received or delivered, or to pay for goods or services that otherwise breach the conditions in relation to the use of your Approved Payment Method
you will not 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 and you will not sell or attempt to sell PayRewards Points for AUD or other currency to any third party; and
you have regular access to the internet and consent to us providing you any information, including notice, via the Website or Platform. We may also contact you at the email address provided with your Payment Instruction. By providing a mobile telephone number in connection with your User Account you expressly permit us to use that number to contact you. Contact includes receiving messages from us and our authorised agents, including prerecorded and text messages, and calls with an automatic telephone dialer (autodialer).

9 YOUR RELATIONSHIP WITH PAY.COM.AU / AFSL

In relation to our Payment Service, you acknowledge that our principal role is to receive payments from your nominated Approved Payment Method, and to remit the Invoice Amount in accordance with a Payment Instruction to a Nominated Payee on your behalf. We are not:
1. acting as trustee on your behalf;
2. your partner, employee, agent or joint venturer;
3. responsible in any way for the provision of goods or services by Nominated Payees to you or the operation of a Reward Program; and
4. responsible in any way for the FX Services that the FX Provider provides to you.
You acknowledge that we are not a bank or other financial institution. We do, however, hold an Australian financial services licence (AFSL 700223), which authorises us to provide certain financial services in relation to FX Contracts and non-cash payment products.
To the extent we provide a financial service under our AFSL, that service is limited to the authorisations granted under AFSL 700223. Any financial product advice provided by us under the AFSL is General Financial Product Advice only, and does not take into account your objectives, financial situation or needs. Before acting on any such advice, you should consider whether it is appropriate for you and obtain your own independent legal, financial, tax or accounting advice.
If required by law, we will provide retail clients with a Financial Services Guide (FSG) and any other disclosure documents required under the Corporations Act before or at the time we provide the relevant financial service.
You acknowledge and agree that we may monitor and assess your usage of our Platform and Services, including by accessing your account in a view-only capacity (without making any changes) and taking screen recordings, for the purposes of identifying fraudulent usage, providing technical support, and improving our products and services. We will handle any information collected in the course of such monitoring in accordance with our Privacy Policy.

10 SUSPENSION AND TERMINATION

We may suspend or terminate your User Account or any Business Account or your access to the Platform or otherwise refuse to provide our Services to you, at any time without notice if we reasonably believe that:
1. you have breached or may breach these Terms (including, without limitation, a provision relating to the payment of Fees) or any applicable laws,
2. you have suspended payment of your debts or are or become unable to pay your debts when they are due, are presumed to be insolvent, or cease or threaten to cease to carry on business; or, if any security given to us in relation to your User Account or any Business Account is revoked or unenforceable; or
3. your Associated Business is or is likely to be engaged in any illegal conduct, fraud or other misconduct; or
4. if we form the view acting reasonably that your User Account has been hacked or is otherwise being used for criminal activity.
If the suspension or termination of your account is not related to fraud and/or suspected fraud, if permitted by law and where practicable, we will provide you with notice before suspension or termination. Where prior notice is not practicable, we will notify you as soon as reasonably possible after suspension and, where the relevant issue is capable of remedy, provide you with a reasonable opportunity to remedy it.
Suspension or termination of your User Account or any Business Account does not affect the payment of Fees or other amounts that you or any Associated Business may owe us, including for Services already provided.
For the avoidance of doubt, we are not liable to you for any unused PayRewards Points in your User Account at the time of termination and your PayRewards Point Balance will be cancelled upon termination. If any Business Account is suspended, we will immediately cancel all Payment Instructions associated with that Business Account and will not accept the placing of further Payment Instructions. If we hold any cleared funds on an Associated Business’ behalf in relation to uncompleted Payment Instructions, the funds will be returned to the Approved Payment Method from which the funds came, minus Fees incurred.

11 NO GUARANTEE

We take reasonable steps to ensure we can deliver the Website, Platform and the Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
1. the Website, Platform or 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; or
4. your use of the Website, or the Authorised Payer's use of the Website, Platform and the provision of the Services will not infringe the rights of any third party.
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, by us or by third party service providers;
2. outages to the internet, networks or servers;
3. equipment failure, including the failure of third-party systems;
4. the app version installed on your device not being a supported version; or
5. a Force Majeure Event.
You acknowledge that we have not made any warranty that the Services and/or the Platform will be error free, and we are not required to notify you of any malfunction in the Website or Platform or if any Service is limited, restricted or ceases.
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.

12 DISCLAIMERS AND LIMITATION OF LIABILITY

Except as otherwise provided for in these Terms, the liability of us, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the Invoice Amount of the Payment Instruction(s) in dispute, or the total Fees paid to us in the 12 months immediately preceding the date that the alleged loss or damage was suffered, whichever is lower. Where no Invoice Amount is applicable and no Fees have been paid in the preceding 12 months, our total liability to you will not exceed AUD $500. This limitation of liability will not apply to the extent (and only to such extent) that the alleged loss or damage was incurred or suffered due to the fraud, gross negligence or wilful default of us.
You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms, and that any liability (however arising) we may have to you is limited in accordance with these Terms. To the maximum extent permitted by law, we and our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill or loss of reputation.
The limitations of liability set out in this clause 12 apply regardless of the form or source of claim or loss, including negligence.
We are not responsible for late payment fees or any other charges applied by a Nominated Payee, Valid Card Provider, or any other party arising from your use of the Platform, regardless of why the fee was applied.
We are not liable for any loss or damage you may suffer arising out of or in connection with:
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.
We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, scams 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. You acknowledge that you should always log into your User Account through the Platform if you are uncertain about the authenticity of any communication or notice.
We are not liable for any breach of these Terms where the breach is due to a Force Majeure Event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
We are not liable for any Reward Program that we recommend or in relation to which we provide information.
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.
We make no representations in relation to, and are in no way liable for, any tax consequences or any claims whatsoever made against you resulting from your use of the Services.
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 these Terms is intended to limit or adversely affect any right which cannot be waived under the Australian Consumer Law. To the extent we are permitted by law to do so, we limit our liability under such obligations to (in our discretion) resupplying the relevant Service or the cost of resupplying the relevant Service.

13 INDEMNITY

You agree to defend, indemnify and hold harmless us, our affiliates, and each of our and their directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (collectively, Losses) which may be incurred or suffered by the Indemnitees arising out of:
1. your material breach, or the material breach of an Authorised Payer, of these Terms;
2. your or an Authorised Payer's negligence, gross negligence, wilful misconduct, or violation of any law or regulation; or
3. any tax liability arising in connection with your use of the Services (including PayRewards and the Employer Payment Processing Service).
Losses include consequential losses and any legal fees or expenses incurred in defending or responding to Losses, to the extent such Losses were caused or contributed to by you or an Authorised Payer. This indemnity will not apply to the extent (and only to such extent) that Losses were incurred or suffered by an Indemnitee due to the fraud, gross negligence or wilful default of us.
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 Terms, but we must nevertheless take reasonable steps to mitigate any such expense, loss or damage.
You agree that, if requested by us:
1. you will reasonably cooperate (at your own expense) in the defence of any claim covered by this indemnity;
2. you will provide us with appropriate security for potential losses in relation to which we are entitled to an indemnity pursuant to these Terms; and/or
3. you will procure that you, your directors, officers or other related third party, provide us with a separate guarantee and indemnity (on terms specified by us) in respect of the performance by you of your obligations under these Terms.

14 PRIVACY

We will collect, use and store your personal information in accordance with our Privacy Policy (as varied from time to time).
Without limiting our Privacy Policy, you expressly consent to us disclosing your Personal Information or payment information or other data to a Nominated Payee or to any bank, card issuer, payment processor, PayRewards Partner or provider of a Reward Program, FX Provider, Third Party Seller or any other service provider used by us for the purpose of operating the Platform or providing our Services, including PayRewards.

15 INTELLECTUAL PROPERTY

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 User Account, your Business Account, PayRewards, the Website and the Platform. You acknowledge that you have no Intellectual Property Rights in your User Account, your Business Account, the Website or in the Platform.
You agree to grant us 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 we may adequately provide the Services to you, including offering and operating PayRewards.
All content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork and computer code, including 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 us, 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 copyright in material and/or services provided or authored by us. Nothing in these Terms gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
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.

16 CONTACTING US

If you have any feedback, questions, or complaints (including in relation to a failure to use your Approved Payment Method on the Platform or in relation to PayRewards), contact us via the Platform by emailing support@pay.com.au or by telephoning 1300 241 723.
When you contact us, please provide us with your name, address, and any other information we may need to identify you, your User Account and/or Business Account, and the transaction on which you have feedback, questions, or complaints.
Any notice will be deemed to have been received on the third Business Day after posting.

17 COMPLAINTS

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 or an issue with a Third-Party Member Benefits Offer, you must seek to resolve the issue with the relevant third-party directly.
If you have attempted to resolve your issue with the Third Party Seller or PayRewards Partner 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 or PayRewards Partner. You may also submit a complaint in accordance with our dispute resolution procedure but where the complaint does not relate to the Platform or our Services, we may refer this complaint to the appropriate third-party.
If you have a complaint with the Platform, or any of our Services, please refer to Make a Complaint in our Help Centre.
If a complaint has not been resolved to your satisfaction, you may be able to lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers.
Website: www.afca.org.au
Telephone: 1800 931 678 (free call)
Email: info@afca.org.au
In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001.

18 VARIATION AND NOTIFICATION OF CHANGE TO THE TERMS

Unless stated otherwise in these Terms, we may vary these Terms by providing at least 7 days’ advance notice for material changes via the Platform, by email, or by any other means, at any time. We will consider that you have accepted the proposed changes if you:
1. do not close your User Account or any Business Account during the notice period; and/or
2. you continue to use the Platform after the end of the notice period.
We may also provide a short notice period if:
1. required to protect our legitimate business interests;
2. the changes relate to new services or extra functionality of the Platform, and do not materially affect the terms relating to existing Services,
3. in which we case, we will provide as much notice as is practical.
We may also immediately vary these Terms without advance notice:
1. if required to comply with any applicable laws;
2. if order to protect the security or integrity of the Platform, the Services, or any User Account, Business Account or Payment Instructions; and
3. to manage a technical or system fault or error.
If such a change will materially impact you, we may provide compensation up to but not exceeding the amount of Fees paid by you in the previous 3-month period.
You may stop using the Services, and may terminate your User Account and/or Business Account at any time, including in the event of any change to these Terms, via the Platform.

19 MISCELLANEOUS

These Terms comprise the entire agreement between you and us in relation to the Services and PayRewards.
Third parties may have their own terms and conditions that you will be required to agree to and comply with for us to provide the Services. If you do not agree to the relevant third party's terms and conditions, we may not be able to provide you with the Services.
Nothing on the Website or the Platform is intended to be, or should be taken as, financial, legal, taxation or accounting advice, except to the limited extent that we provide General Financial Product Advice under our AFSL. You should seek your own financial, legal, taxation or accounting advice as needed.
We do not provide personal financial product advice under these Terms. Unless expressly stated otherwise, nothing in these Terms constitutes a recommendation that a particular financial product is suitable for you, and our services do not include taking into account your objectives, financial situation or needs.
You are liable for any and all taxation implications relating to the Services, including your participation in any Reward Program or PayRewards, which may result in you receiving PayRewards Points or other benefits as a result of using our Services.
We may assign all or part of our agreement with you without your consent. You may not assign our agreement with you without our consent.
These 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 Terms.
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.
If any provision of these Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and such invalid, illegal, or unenforceable provision shall be reformed and construed so that it will be valid, legal, and enforceable to the maximum extent permitted by law. This will not affect the validity of the remaining provisions of these Terms.
Any failure by a party to insist upon strict performance by the other of any provision of these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms or our rights shall be effective, unless we expressly state it is a waiver and communicate such waiver to you in writing.

ANNEXURE 1 — EMPLOYER PAYMENT PROCESSING SERVICE

Where we have agreed to provide you with the Employer Payment Processing Service, the terms and conditions set out in this annexure are incorporated into these Terms. If there is an inconsistency between a provision in this annexure and these Terms, the provision in this annexure will apply.
You acknowledge and agree that:
1. the Employer Payment Processing Service will be used by you solely for the purpose of paying Employment Payments to your employees via the Platform;
2. each employee to whom you instruct us to make an Employment Payment has entered into an employment agreement with your business;
3. the terms of the employment agreement between you and each employee to whom you instruct us to make an Employment Payment comply in all respects with the requirements of Australian laws;
4. you are solely responsible for calculating the amount of each Employment Payment to be transferred to your employees via the Platform, including calculating any amounts of tax, superannuation or other payments or levies which relate to any Employment Payment, and you are responsible for remitting any relevant tax, superannuation or other amounts to the relevant authorities as required by law;
5. our role is strictly limited to paying Employment Payments to your employees in accordance with your Payment Instruction, where your Payment Instruction is submitted via the Platform;
6. you will, immediately, upon request by us, ensure that you comply (and provide us with evidence of your compliance) with:
  1. the Rules; and
  2. all rules, directives and instructions made by a Valid Card Provider; and
7. you will provide us with any information which relates to the Employer Payment Processing Services, which is requested by a Valid Card Provider.
Where requested by us, you will, within the time specified by us, provide us with the following information about your business:
1. evidence of an employee to whom you instruct us to make an Employment Payment's current employment with your business, including (but not limited to) a copy of the relevant current payroll records;
2. evidence of all Employment Payments made by you to your employees, which were facilitated via the Platform; and
3. any information or documents that we are required to obtain and/or provide at the request of an auditor, government agency, court, tribunal, regulator, or statutory authority in relation to our provision of the Services.
In addition to any indemnification you provide to Indemnitees under these Terms, you agree to defend, indemnify and hold harmless the Indemnitees against all Losses incurred by the Indemnitees in relation to:
1. complying with a request from a government agency, auditor, court, tribunal, regulator, or statutory authority for the provision of documents or records relating to our provision of the Employer Payment Processing Service to you;
2. any and all disputes between you and your employees which relate to a claim by one or more of your employees made in relation to an Employment Payment which was paid to an employee via the Platform;
3. any and all investigations or legal or administrative actions by a government agency, statutory authority, court or tribunal which relates to an Employment Payment which was paid to an employee via the Platform; and
4. any other claims against us which relate to or flow from your use of the Employer Payment Processing Service.
You agree that, if requested by us, you shall reasonably cooperate (at your own expense) in the defence of any claim covered by this indemnity.