Terms and Conditions

1. Introduction

1.1 These terms and conditions (Terms) apply to your use of Pay&Earn, a consumer payment and rewards service provided by ZenPay Pty Ltd (ABN 63 056 881 942) (we, us, our). Pay&Earn is a ZenPay product.

1.2 Pay&Earn allows you, as an individual consumer, to make eligible bill and account payments by card, bank account or PayTo, and to earn PAE Points on eligible payments, which may be redeemed as described in these Terms.

1.3 These Terms apply from the earlier of: (a) the date you accept them electronically when registering for a Pay&Earn account; or (b) the date we first process a payment for you. These Terms do not vary or replace any separate agreement you have with a merchant, biller, financial institution, or card issuer.

1.4 You must read these Terms in full before using the Service. If you do not agree to these Terms, you must not register for or use the Service.

2. Definitions

2.1 In these Terms, unless the context requires otherwise, the following definitions apply:

2.2 A reference to legislation includes regulations and other instruments under it, and any amendment or replacement of it. Headings are for convenience only and do not affect interpretation.

2.3 A reference to “you” or “your” includes each of the Owner, and any Co-Owner, Super User and User, as applicable, unless these Terms state that a right or obligation applies only to one of them specifically.

3. Eligibility and Your Account

3.1 To register for and use the Service, you must: (a) be at least 18 years old; (b) be an individual acting in a personal, domestic or household capacity (not for a business, trade or profession); (c) be an Australian resident with an Australian bank account or card; and (d) complete our identity verification process.

3.2 You are responsible for ensuring all information you provide to us is true, current and complete, and for promptly updating us if it changes.

3.3 You must have authority to operate the Nominated Account and to authorise payments from it. You confirm each time you use the Service that you have that authority.

3.4 You acknowledge that Eligible Payments made from your Nominated Account will be linked by us to your Account for the purpose of earning and administering your PAE Points. 

3.5 You must keep your login credentials confidential and are responsible for all activity on your Account, except to the extent caused by our fraud, negligence, or system error. Notify us immediately at [email protected] if you suspect unauthorised use of your Account.

3.6 We are not liable for any loss arising from your Nominated Account issuer, card scheme, or bank declining, delaying, restricting or reversing a transaction, except where that loss arises from our fraud, negligence or breach of these Terms.

3.7 An Account is established by its Owner. The Owner may invite one or more Co-Owners to the Account. The Owner or a Co-Owner may add one or more Super Users or Users to the Account, each with the access levels made available in Pay&Earn.

3.8 The Owner is responsible for each Co-Owner, Super User and User added to the Account and for their use of the Service. The Owner accepts full responsibility for the acts and omissions of any Co-Owner, Super User or User in connection with the Account (including any payment made, or PAE Points earned, redeemed or transferred, by them) as if they were the Owner’s own acts and omissions, and indemnifies us against any loss we suffer as a result.

3.9 The Owner must ensure that each Co-Owner, Super User and User is made aware of, and agrees to comply with, these Terms before being given access to the Account. References in these Terms to obligations on “you” apply equally to each Co-Owner, Super User and User in respect of their own use of the Account.

4. Identity Verification

4.1 Before you can use the Service, we will verify your identity using a third-party identity verification provider GreenID or equivalent. You consent to us disclosing your personal information to that provider for this purpose.

4.2 The Owner must complete identity verification at the time the Account is established. We may, and from a date we will separately notify, also require each Co-Owner, Super User and User to complete identity verification before being given full access to the Account. Until a Co-Owner, Super User or User has completed identity verification, we may restrict the features of the Service available to them.

4.3 We may, and no less frequently than every three years, require the Owner and each Co-Owner, Super User, and User to complete identity verification again. We may also require this at any other time, including where required by law, requested by a regulator, or where we reasonably consider it necessary for risk, fraud or AML/CTF purposes. We may restrict access to the Account until re-verification is complete.

4.4 We may suspend or decline to open your Account, or suspend or close it at any time, if we cannot verify your identity, if we reasonably suspect fraud, money laundering or other unlawful activity, or as required by law (including our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)).

4.5 We will notify you if we suspend or close your Account under this clause, except where we are prohibited by law from doing so (for example, under tipping-off provisions of the AML/CTF Act).

5. Payment Procedures

5.1 When you submit a payment instruction through the Service, you authorise us to debit your Nominated Account for the payment amount plus applicable Fees, and to remit the payment amount to the relevant Merchant.

5.2 Payments are generally processed within 1–3 Business Days, but processing times depend on your card issuer, bank, PayTo arrangement, and the Merchant, and are not guaranteed.

5.3 You are responsible for checking and confirming the accuracy of payment details (including the Merchant, reference number, and amount) before submitting a payment instruction. We are not liable for payments made to the wrong recipient because of inaccurate details you provided.

5.4 If a payment is declined, reversed, charged back, or fails for any reason (including insufficient funds, fraud, or card issuer restrictions), you remain liable for the payment amount and any associated Fees, and you indemnify us for any resulting loss we suffer, except to the extent caused by our fraud, negligence, or system error.

5.5 Nothing in this clause limits any consumer guarantee or right you have under the Australian Consumer Law or the ePayments Code that cannot lawfully be excluded, restricted or modified (see clause 10).

5.6 We may delay, hold, suppress or decline to process any payment instruction at our discretion, including where we reasonably suspect fraud or unauthorised activity, identify an issue with your identity verification, are notified by a bank, card issuer or other financial institution of a concern about you or your Nominated Account, or are required to do so by law, a court, or a payment scheme rule. We will notify you where reasonably practicable and permitted by law.

6. Fees and Charges
6.1 You pay a standard platform fee when you make a payment through Pay&Earn. This fee supports your use of the Pay&Earn platform and the services and benefits available to you, including payment facilitation, platform features and the ability to earn points. The fee varies depending on how you choose to pay and the rewards option chosen and will always be clearly shown before you confirm your payment.

6.2 All Fees are shown inclusive of GST unless stated otherwise. Fees are deducted from your Nominated Account together with the payment amount, or charged separately, as described at the time of the transaction.

6.3 Fees are payable regardless of whether you use or redeem any PAE Points, and are non-refundable once a payment has been successfully processed, except as required by law or as we otherwise agree.

6.4 The fees charged are generic fees for use of the platform, not fees directed to a specific payment.

6.5 Payments (including the payee’s identity and the purpose of the payment) are made at the user’s option. You may use the Service to pay any bill, which may include rent. You acknowledge that other methods of making such payments may be available to you for which no fees apply and that you are not required to use the Service to make such payments.

7. Cancelling or Stopping a Payment
7.1 You may cancel a scheduled or recurring payment, or update your Nominated Account details, any time via Pay&Earn platform or by giving us written notice.

7.2 A written notice request to cancel or change a payment must be received at least 5 Business Days before the scheduled payment date to guarantee it will take effect in time. We are not liable if a cancellation request is not actioned in time because it was received later than this.

7.3 Platform Fees already incurred on a processed payment are non-refundable. We may suspend, cancel or decline to process any payment or PayTo arrangement at our discretion, including where we reasonably suspect fraud or a breach of these Terms, and will notify you where reasonably practicable.

8. PAE Points Program

8.1 You can earn PAE Points on payments made on the platform. You can choose a “booster” which determines how many points you earn on each payment. The associated platform fee is displayed prior to payment. The following “booster” tiers apply:

• Essential Booster Tier: 1 PAE Point for every $20 paid
• Plus Booster Tier: 1 PAE Point for every $4 paid
• Max Booster Tier: 1 PAE Point for every $1 paid

8.2 PAE Points can be redeemed for Reward Partner points or services. The redemption rate will be displayed in platform and on payandearn.com.au/rewards. Reward Partner terms will be displayed on the Reward Partner pages on payandearn.com.au.

8.3 PAE Points have no cash value, cannot be transferred, and cannot be sold, bought or exchanged other than through redemption features we make available.

8.4 PAE Points expire 24 months after the date they are earned, and will also expire if your Account is inactive for 12 consecutive months. We will give you reasonable notice before Points expire due to inactivity, where practicable.

8.5 We may vary the earn rate, redemption options, expiry rules or any other feature of the PAE Points program, or suspend or close the program altogether, on at least 30 days’ notice to you by posting a notice on the website or emailing you at your registered email address, except where a change is required immediately by law or to address a security risk. We may reverse or cancel Points that were earned in error, through fraud, or on a payment that is later reversed or charged back.

8.6 We may add, suspend, remove or change a Reward Partner at any time. If we remove a Reward Partner, PAE Points may no longer be transferable or redeemable with that Reward Partner, and we are not liable for any resulting loss of value or opportunity to redeem, except as required by law.

8.7 Once PAE Points (or points they have been converted or transferred into, such as Qantas Frequent Flyer Points or Velocity Frequent Flyer Points) have been transferred to, or redeemed with, a Reward Partner or other third party, they leave our systems and records, and we have no ability to reverse, recover, adjust or otherwise deal with them. Any query or dispute about points held with a Reward Partner must be directed to that Reward Partner and is governed by that Reward Partner’s own terms.

8.8 You are solely responsible for any tax consequences of participating in the Points program. We do not provide tax advice.

8.9 We are not responsible for any fee, interest charge, or other cost your card issuer, bank, or any third party applies in connection with an Eligible Payment.

9. Privacy

9.1 We collect, use, hold and disclose your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including the Australian Privacy Principles.

9.2 You consent to us disclosing your personal information to Merchants, payment processors, card schemes, our identity verification provider, our rewards program partners (including Qantas Frequent Flyer and Velocity Frequent Flyer, where relevant), and our related bodies corporate, for the purposes of providing the Service, verifying your identity, preventing fraud, and administering the Points program.

9.3 Our Privacy Policy, available on the website, explains how you can access and correct your personal information, how to make a privacy complaint, and how we handle complaints.

10. Consumer Guarantees and Liability

10.1   Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified.

10.2   To the maximum extent permitted by law, and subject to clause 10.1, our liability to you for any loss arising from or in connection with the Service is limited, at our option, to resupplying the Service or paying the cost of having the Service resupplied.

10.3   To the maximum extent permitted by law, and subject to clause 10.1, we are not liable for any indirect, special or consequential loss, or for loss arising from circumstances beyond our reasonable control (including system outages, card scheme or bank failures, or events of force majeure).

10.4  If you did not authorise a transaction on your Account, or believe you have been the victim of fraud or an unauthorised transaction, contact us immediately at [email protected]. We will investigate in accordance with our unauthorised transactions procedure and applicable law.

11. Variations and Amendments

11.1 We may vary these Terms, the Fee Schedule, or the Points program rules at any time. We will give you at least 30 days’ notice of a change that is unfavourable to you (for example, an increase in Fees or a reduction in Points value), by posting a notice on the website or emailing you at your registered email address, except where a change is required immediately by law or to address a security risk.

11.2 Your continued use of the Service after a variation takes effect constitutes acceptance of the varied Terms. If you do not agree to a variation, you may close your Account before it takes effect.

12. Suspension and Termination

12.1 You may close your Account at any time by giving us notice via the website or in writing. Closure does not affect any payment already in progress or any Fees already payable.

12.2 We may suspend or close your Account, or decline to process a payment, immediately and without notice if: (a) you breach these Terms; (b) we reasonably suspect fraud, money laundering, or other unlawful activity; (c) required by law or a direction from a regulator or payment scheme; or (d) we reasonably believe it is necessary to protect you, us, or a third party from loss.

12.3 In addition to our rights to suspend or close the Account under clause 4.4 or 12.2, we may at any time, and without prior notice, disable or restrict the access of the Owner, a Co-Owner, Super User or User individually (rather than the whole Account), including where we: (a) reasonably suspect fraud, misuse, or a breach of these Terms by that person; (b) identify a technical, security or API issue affecting the Service; (c) identify an issue with that person’s identity verification; or (d) receive notice from a bank, credit provider or other financial institution that that person’s identity, or their compliance with AML/CTF requirements, may be compromised. We will notify the Owner where reasonably practicable and permitted by law.

12.4 On closure of your Account, any unredeemed PAE Points will be forfeited unless we agree otherwise or the law requires otherwise, except where the closure was due to our error.

13. Complaints and Dispute Resolution

13.1  If you have a complaint about the Service, contact us at [email protected] or 02 7248 6884. We will acknowledge your complaint within 1–2 Business Days and aim to resolve it within 30 calendar days, in accordance with our internal dispute resolution process.

13.2   If you are not satisfied with our response, you may refer your complaint to the Australian Financial Complaints Authority (AFCA), free of charge, at afca.org.au, 1800 931 678, or GPO Box 3, Melbourne VIC 3001 (AFCA membership number: 80170).

14. Intellectual Property

14.1 All right, title and interest in the App and any related intellectual property is owned by ZenPay Pty Ltd t/a Pay&Earn (or our licensors). Nothing in these Terms, and nothing you do in connection with the App, transfers any intellectual property to you. If you reproduce, copy or make available any proprietary content or material accessed through the App without our authorisation, we may take legal action against you. You must not copy, modify, adapt, reverse engineer, decompile, interfere with the operation of, gain unauthorised access to, or introduce any virus or malicious code into the App or any related software or systems.

14.2 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, royalty-free licence to download and use one copy of the App on a device you own or control, in object code form, solely for your own personal, non-commercial use. You must not sell, resell, sub-license, rent, lease, lend or otherwise distribute the App, or any part of it, to any other person. All rights in the App not expressly granted to you under this clause are reserved by Pay&Earn.

15. Schedule 1 – Direct Debit Request Service Agreement

15.1 This Direct Debit Request (DDR) Service Agreement applies where you authorise ZenPay Pty Ltd t/a Pay&Earn (User ID 600993) to debit your Nominated Account (bank account or card) to collect payments and Fees under these Terms.

15.2 We will give you at least 14 days’ notice before changing the amount, frequency, or timing of a debit, unless the change is at your request.

15.3 You may request to stop or cancel a debit by contacting us at least 5 Business Days before the next scheduled debit. You may also dispute a debit you believe was processed incorrectly, and we will investigate promptly and in good faith.

15.4 You are responsible for ensuring your Nominated Account can accept direct debits and has sufficient funds available. You should check with your financial institution before completing the DDR.

15.5 We will keep any information about your Nominated Account confidential, except as required to process payments, comply with the law, or as set out in our Privacy Policy.

16. General

16.1 We are not liable for any late fee, dishonour fee, or other charge a Merchant, your bank, or your card issuer applies to you, including as a result of the timing of a payment made through the Service.

16.2 These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

16.3 If any provision of these Terms is found to be invalid or unenforceable, the remainder continues in full force and effect.

16.4 We may assign or transfer our rights and obligations under these Terms (for example, in connection with a sale or restructure of our business) on reasonable notice to you. You may not assign your rights under these Terms without our consent.

16.5 Questions about these Terms can be directed to Pay&Earn at [email protected] or 02 7248 6884.