Terms of service

Payk Ltd (ACN 630 417 417) trading as Payk (Payk, us, we, our) operates a payments service allowing consumers with a Payk account (User, you, your) to make and receive payments to and from other Users and receive offers from our partners via our mobile application Payk (App) or any other platform we may introduce in the future.

Please read these terms and all Payk policies including the Privacy Policy and any of our online guidelines, (collectively the Agreement) carefully before registering through the App to become a User. An application by you to become a User confirms that you agree to be bound by this Agreement, though Payk is in no way bound to accept your application.

    SCOPE OF PAYK SERVICE

  1. Payk provides a platform to allow Users to make and receive payments from other Users including splitting and managing payments between groups and receiving offers from third party providers that may be of interest to Users.
  2. Payk accepts no liability for any aspect of a User’s interaction with other Users or recipients of Payk payments or third party providers introduced through the App.
  3. We are not a bank or other depository institution. Funds held by us or our service providers (including any service providers who are banks) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by any governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit. Funds are held by Payk in a segregated account but are not held on trust for Users.
  4. ELIGIBILITY TO REGISTER

  5. To create an account and use the App you must:
    1. be an individual and 18 years of age or older;
    2. be an Australian resident;
    3. create an account with an Australian cellular/wireless telephone number that you own.
  6. You agree to only use the services in Australia.
  7. While you are registered with Payk you must maintain control of your Payk account and keep all login details secure. You may not deal with your account in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person). If you believe someone else has accessed your account, or it is no longer secure, contact us immediately at: [email protected]
  8. You agree that any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete and that any instruction you give us via the App is lawful.
  9. SERVICE DESCRIPTION

  10. The Payk service, including the App (Service), will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Service may be separately described on the App.
  11. The App allows Users to accept payments from other Users and to make payments to a group account set up by another User (Group Account) which is used by the manager of the Group Account (Account Manager) to collect funds from a group of Users.
  12. Money transacted through the App may be processed by a 3rd party provider.
  13. You acknowledge that all payments made through the Service by you may be re-directed to other third party service providers, as the case may be, to process the transaction directly through its platform, and that platform will act as a payment facilitator on behalf of you and any other third party.
  14. By using the Payment Facilitator’s platform you agree to be bound by any end user agreement of the Payment Facilitator and its Privacy Policy. And you consent and authorise any Payment Facilitator to share any information and payment instructions you provide with one another and, to the extent required to complete your transaction, with any other third-party service provider.
  15. In order for you to transact using the App, Payk requires access to details about your nominated debit or credit card or bank account.
  16. You may only transfer money if you have sufficient funds to cover that transaction. Once you have issued a pay request to make a payment to the Account Manager, that request cannot be cancelled by you. When you make a payment to the Account Manager, checks may be made to see if you have sufficient funds to cover the payment with your debit or credit card, or nominated bank account.
  17. As Account Manager, you may only withdraw your group balance to a bank account under your name and that belongs to you. Any withdrawal request to a bank account under a different name would be rejected.
  18. As Account Manager, you may send a request to another User to make a payment to a group account, however Users are not obligated to meet that payment request through Payk.
  19. Each transfer of money into or out of the App requires a separate instruction to be made from a User to PayK.
  20. Please see our website for more details on limits, including any applicable withdrawal limits. We reserve the right to delay payments while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can transact until the information is verified.
  21. GROUP ACCOUNT

  22. The transfer or use of the funds in a Group Account are to be for the purposes and in accordance with rules to be agreed between the members of the group and subject to this Agreement.
  23. At the opening of the Group Account, the Account Manager may specify the purpose of the Group Account.
  24. A User nominates the Account Manager to receive funds paid into a Group Account. The right to receive funds that will be deposited in the Group Account via the App will be only for the Account Manager and not for any of the members of the group or any other person.
  25. The Account Manager can invite Users and/or others to join the Group Account and allow other users to do so, all in accordance with the Group Account settings as we permit from time to time.
  26. Only a User can be part of the Group Account.
  27. A User may cease to be a member of the group. Returning money back to that User will be subject to the discretion of the Account Manager.
  28. If you become the Account Manager or become a member of a Group Account you accept that the Account Manager is solely responsible for the accuracy, completeness and accuracy of any information provided by the group and for payments made by the Group Account. Payk is not responsible for the manner in which the Account Manager acts and will not be liable to the members of the group for any damages or expenses or losses of any kind or kind that may be caused or that may be caused to them due to an act or omission of the Account Manager.
  29. IDENTITY VERIFICATION

  30. Payk may include tools to help us to verify the identity of Users. These tools may include: Official record holder, mobile phone verification technology and verification of payment information. Payk may perform a temporary card verification hold of $1 for all newly added credit and debit cards. This amount will not be debited from your bank account, it’s held for a short time and returned to you within 5 (business) days. We may do this for every new card added to your account. You can only have one card linked to your account at any time.
  31. We may, in our sole discretion, decline or delay to process a payment you either request, or are due to receive. We may do this if we reasonably suspect the transaction might be unlawful, associated with financial crime or may breach this Agreement. If we place a delay on your payment, you will be asked to contact us.
  32. If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, we may hold the payment until the matter is resolved.
  33. DEBIT CARD OR CREDIT CARD PROCESSING

  34. If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our service providers and payment processor, and update your Payk account accordingly.
  35. We may review certain potentially high-risk transactions. If a payment is subject to payment investigation, we will place a hold on the payment and may provide notice to the recipient. We will conduct a review and either clear or cancel the payment. If the payment is cleared, we will provide notice to the recipient. Otherwise, we will cancel the payment and the funds will be returned. We will provide notice to you by email and/or in the notifications icon of your App if the payment is cancelled.
  36. When you receive a payment, you are liable to us for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer or the originating bank, rather than us, will determine whether the dispute is valid and to whom payment is due.
  37. You agree to allow us to recover any amounts due to us by debiting your nominated credit card or account. If we are unable to recover the funds from your primary funding source, we may attempt to contact you, we may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
  38. If you require a refund for a payment you made into a group, please contact the group admin and ask them for an offline refund. The admin is the owner of all funds once they are transferred into the group and PayK is not authorised to charge the group balance at our discretion.
  39. If you believe that your card or bank account has been charged in error, you may be able to get a refund of the transaction by addressing our support team at [email protected] Please note time is an important factor in this case and the sooner you address us with this issue, the more likely we are to perform the refund.
  40. If we are unable to refund your card or bank account our support team will supply a reason. A failed refund may be due to the fact that your group admin has already withdrawn the funds from the group balance. In this case, please contact your group admin directly to request an offline refund. If you are unfamiliar with your group admin or any activity made with your card or from your bank account - please mention it to our support team and we will make sure your payment method is removed from our system and your account is blocked to prevent any future usage on PayK. In this case, an immediate refund will be made to your card as long as you have not initiated any chargeback request.
  41. If you use the PayK app to make a request for a payment to a merchant (who is a registered user of PayK) for the purpose of goods or services, and the purchased goods or services are defective, are not as described by the merchant or have been misrepresented, or are otherwise unsuitable, please contact the merchant directly
  42. USER OBLIGATIONS

  43. You agree that at all times you will not:
    1. act in breach of this Agreement (including all Payk policies) or any applicable laws and regulations as amended from time to time;
    2. act in breach of our Acceptable Use Policy including initiate or otherwise participate in any unacceptable transactions or unauthorised uses of the Service including cryptocurrency transactions;
    3. post any inaccurate information on the App or our website and any information posted on must not, in any way whatsoever, be potentially or actually harmful to Payk or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Payk;
    4. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    5. act in a manner that is defamatory, libelous, threatening or harassing;
    6. provide false, inaccurate or misleading information to us;
    7. create more than one Payk account for yourself, through, among other methods, using a name that is not yours, using temporary phone number(s), or providing any other falsified personal information;
    8. send or receive what we reasonably believe to be potentially funds which are the proceed of crime or the result of any fraudulent activity;
    9. refuse to cooperate in an investigation or provide confirmation of your identity;
    10. use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, another User, a third party or you;
    11. use your account or the services in a manner that Payk, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
    12. provide yourself a cash advance from your credit card (or help others to do so);
    13. disclose or distribute another User’s personal information to a third party, or use the information for marketing purposes unless you receive that User’s express consent to do so;
    14. send unsolicited email or any other communication to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email or any other communication to third parties; or
    15. facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

    INTELLECTUAL PROPERTY

  44. You acknowledge that:
    1. copyright and intellectual property rights relating to the information and derived information we provide on the App, our website or otherwise (including information transmitted electronically), remain vested in us, its creator, or our third party service providers as applicable;
    2. you may not reproduce, distribute or create derivative works from the content;
    3. you agree not to reverse engineer or reverse compile and of the service technology including but not limited to any script or code associated with the Service; and
    4. you may not use any of the logos, products or services present on the App or our website without our prior written consent.

    FEES

  45. Registering and using an account with Payk is free. When making payments, you may incur charges (including interest) from your credit card provider including where they classify the payment as a cash advance.
  46. THIRD PARTY SITES OR APPLICATIONS

  47. Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, Third Party Content). Our Services may also include features that allow you to connect your Payk account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, Third Party Services). We do not control, maintain, or endorse the Third Party Content or Third Party Services, and we are not responsible or liable for any Third Party Content or Third Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Services. Your interactions and business dealings with the providers of the Third Party Content or Third Party Services, including products or services offered by such Third Parties, are solely between you and the Third Party and subject to that Third Party’s terms and conditions. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Services. If we share any information with a Third Party or a Service Provider, we will do so in accordance with our Privacy Policy.
  48. LIMITATION OF LIABILITY

  49. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, Payk specifically disclaims all liability for any loss or damage (including actual, special, direct, indirect and consequential) arising out of or in any way connected with any transaction between Users or made otherwise via the Service, including the third party offerings made through the App to Users.
  50. If liability cannot be excluded under the above clause, to the extent permitted by law, Payk's liability to you in the event Payk causes you loss or damage, is limited, at our option to:
    1. $100 per individual, per claim; or
    2. supplying again or paying the cost of supplying again, the services in respect of which the breach occurred.

    INDEMNITY

  51. You are responsible for ensuring that your interaction with the Services is lawful and does not cause harm to us or other Users or third parties. You agree to hold us harmless and indemnify us, our third party service providers, our officers, employees, agents and our related bodies corporate for any losses arising directly or indirectly out of:
    1. our acting on your instructions;
    2. any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service;
    3. unauthorized access to or alteration of your transmissions or data;
    4. your failure to comply with this Agreement;
    5. your failure to comply with any legislation, whether foreign or domestic; and
    6. any of your acts or omissions or that of a person acting on your behalf, except to the extent that our negligent or fraudulent act contributed to the loss or harm.

    PRIVACY

  52. Payk's Privacy Policy, which is available at https://www.payk.com.au/wp-content/uploads/terms/privacy.html, applies to all users and forms part of this Agreement. Use of the Payk Platform confirms that you consent to, and authorise the collection, use and disclosure of your personal information in accordance with Payk's Privacy Policy.
  53. NO WARRANTY

  54. Except for liability in relation to any Non-excludable Condition, the Payk service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law.
  55. MODIFICATIONS TO THE AGREEMENT

  56. Payk may modify this Agreement and/ or the Policies (and update the Payk pages on which they are displayed) from time to time. Payk will send notification of such modifications to your Payk account. You should check that account regularly.
  57. If you do not agree with any changes to this Agreement (or changes to any of our Policies), you may terminate your Payk account and stop using the Service. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Payk policy cannot be amended except in writing signed by you and Payk.
  58. NO AGENCY

  59. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind Payk, its related entities or affiliates in any way whatsoever.
  60. COMPLAINTS

  61. If you have a complaint about the Service please contact [email protected]
  62. TERM AND TERMINATION

  63. Either party may terminate an account and this Agreement in the event of a material breach of this Agreement by the other party, provided that the material breach is not rectified by the other party within 5 days of the non-breaching party giving notice.
  64. In addition to our ability to terminate this Agreement, if you have engaged in any restricted activities, or otherwise acted in breach of this Agreement, we may take various actions to protect Payk, other Users or third parties, or you, including:
    1. closing, suspending or limiting your access to your Payk account and the Services;
    2. contacting Users who have sent you money, contacting your bank or credit card issuer, or law enforcement agencies as required;
    3. updating inaccurate information provided to us by you;
    4. refusing to provide Services in future;
    5. holding funds for up to 180 days if required to protect against the risk of liability;
    6. and/ortaking legal action against you.
  65. A User may terminate this Agreement by ceasing to use their account. A User may not close its account to evade any payment or any pending payment investigations and will not be able to close its account if there are any pending transactions.
  66. Any terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
  67. DISPUTES

  68. If you have any dispute with any payment with another User, then you must use reasonable endeavours to resolve that dispute with that User.
  69. If a dispute arises between you and us, please report this dispute to [email protected] and we will do our best to resolve it for you.
  70. If we cannot resolve any dispute arising under this Agreement to your satisfaction, then you agree that before any before any court proceeding may begin, the party raising the dispute (the complainant) must give 14 days’ notice to the other party setting out the dispute and seeking discussion and compromise with a view to resolving the dispute.
  71. If after 14 days the dispute is not resolved then the dispute will be submitted to mediation conducted by the Resolution Institute in accordance with the rules published by this organisation. The costs of the mediator will be met equally by the parties. If the dispute or difference is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it will be submitted to arbitration in accordance with, and subject to, the Resolution Institute Rules for the Conduct of Commercial Arbitrations.
  72. GENERAL

  73. This Agreement is governed by the laws of Victoria, Australia.
  74. A failure by a party to exercise any right under this Agreement will not be considered a waiver of those rights.
  75. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
  76. This Agreement may be assigned or novated by Payk provided there is no material detriment to you and we will notify you in the event this occurs.
  77. This Agreement sets out the entire understanding and agreement between you and Payk with respect to its subject matter.

    $25 PROMOTION TERMS AND CONDITIONS

  1. Information on how to enter and details set out in all communications regarding the PayK $25 Promotion (the “Promotion”) form part of these Conditions of Entry. Any entry not complying with these Terms and Conditions is invalid. Entry into this Promotion and the acceptance or receipt of any funds by a participant(s) is deemed as acceptance of these Terms and Conditions.
  2. The Promoter is PayK Pty Ltd ABN 52 631 601 986 of Level 8, 555 Bourke Street, Melbourne, Victoria 3000 and can be contacted at the following web site www.payk.com.au (the “Promoter”).
  3. The Promotion commences at 00:01 AEDST on [05.03.2020] and closes at midnight AEDST on [22.03.2020] (the “Promotion Period”).
  4. Entry into the Promotion is open to Australian residents who satisfy the following eligibility requirements (“Eligibility Requirements”):
    1. Entrants must be a new fully registered PayK user– this means they have proceeded through the PayK App registration process and have added a valid Mastercard or Visa debit card issued by an Australian bank;
    2. Entrants must be aged 18 years and above; and
    3. Are not employees or members of the immediate family (spouse, parent, sibling or child) of employees of the Promoter or their related entities directly involved in the Promotion (as determined by the Promoter).
  5. To enter, a person who has not previously registered must:
    1. register as a new user;
    2. create a group (“Group”) and invite other new users to join the Group using their contact lists or by sending a link; and
    3. enter the coupon code TIP25 (“Code”) on the Group settings menu.
  6. If five (5) new PAYK users register and join the Group, in addition to the admin, the code will be redeemed and the Group’s balance will be credited with $25. If less than five (5) new PAYK users register and join the Group the Code will not be applied until there are at least five (5) new PAYK users register and join the Group. The code does not applied automatically and requires the user to redeem manually.
  7. The Code and any other promotions or codes from the Promoter may only be used separately and not used jointly.
  8. Chance plays no part in this Promotion.
  9. The Promoter reserves the right, at any time, in its sole discretion, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any entrant whom the Promoter has reason to believe has breached any of these terms, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.
  10. If for any reason this Promotion is not capable of running as planned (including, but not limited to) infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may take any action that may be available including cancelling, terminating, modifying or suspending the Promotion. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the registration process.
  11. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its related entities (including its respective directors, officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any registration or Code claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a beneficiary of the Promotion (including an Entrant); (f) use/taking of the Code (g) the Promotion.
  12. The Promoter collects your personal information so that it may process your entry, administer this Promotion and contact you regarding information on products or services that may be of interest to you. The Promoter may communicate personal information to external providers and organisations to which it may outsource certain functions. The Promoter will use and handle your personal information as set out in the PayK Privacy Policy, which can be viewed at www.payk.com.au. The Privacy Policy sets out how you may access, update or correct your personal information, change your direct marketing preferences or make a privacy complaint. You may contact the Promoter via mailto: [email protected]