Membership Terms & Conditions

PAYLAB MEMBERSHIP – TERMS AND CONDITIONS

1. Introduction

   1. This website (Site) or our mobile app (App) is operated by Paylab Pty Ltd (ACN 650 927 325) (we, our or us). These terms and conditions (Terms) are between us and you. In these Terms, when we say you or your, we mean both you, the person creating an account through the Site or the App and any entity you are authorised to represent (such as your employer).
      
      

2. Use of the Site or the App

   1. You accept these Terms by creating your account via the Site or the App. 

   2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old. 

   3. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

      2. using the Site to defame, harass, threaten, menace or offend any person;

      3. using the Site for unlawful purposes;

      4. interfering with any user of the Site;

      5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

      6. using the Site to send unsolicited electronic messages; 

      7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

      8. facilitating or assisting a third party to do any of the above acts.
         
         

3. Accounts

   1. You may purchase products through an account with us and we may allow you to register for an account using a social media account. If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.

   2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

   3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
      
      

4. Membership Services

   1. The Membership tiers we offer will be set out on the Site, including details of each Membership tier’s inclusions and exclusions, Membership Fees and Membership periods. By purchasing a Membership, you will be able to access discount codes, cashbacks and/or gift cards from our partners as displayed on the Site. Please note that we do not offer the cashback – this is provided by the relevant partner. 

   2. You may also be able to enter trade promotions we run from time to time. In order to be eligible for the trade promotion, you must have an active Membership during the trade promotion period. Please refer to the relevant trade promotion terms and conditions set out on our App or the Site for further information about any active trade promotions. 

   3. All of the rewards and gift cards on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.

   4. During the Membership period, you will be billed for the Membership Fees on a recurring basis, as set out on our Site (Billing Cycle). 

   5. Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Membership Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership. 

   6. Your Membership may begin with a free trial, which if applicable, will last for the period specified in your account (Free Trial Period). Free trials are only available for new account holders and we may limit eligibility to prevent free trial abuse.  If you don’t cancel your Membership before the end of the Free Trial Period, the Billing Cycle will commence on the date after the Free Trial Period and the Membership Fees are payable on the same date.

   7. There is no minimum term to your Membership, and you may cancel your Membership at any time in accordance with these Terms. 

   8. Changes to your Membership:  You may also amend your Membership (such as changing your Membership tier) through your account, before the next Billing Cycle begins. 

   9. We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of your Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your Membership in accordance with this clause, and you have paid any part of the Membership Fees upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid. 
      
      

5. Membership Fees and payments

   1. You will be charged the fees for your subscription (Membership Fees). Unless you suspend or cancel your Membership in accordance with these terms, you will be charged the Membership Fees in accordance with the Billing Cycle.  

   2. We may need to change the Membership Fees or the rewards rate from time to time. If we change the Membership Fees, we will provide you with at least 14 days’ notice of the change. After the notice period has lapsed, we will apply the new Membership Fees to your existing payment details. If you do not agree with the new Membership Fees, you may cancel your Membership in accordance with these terms and (a) you will no longer be able to use the Site or the App on and from the date of cancellation, and (b) if you have paid the Membership Fees upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.

   3. You must not pay, or attempt to pay, the Membership Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

   4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

   5. We may from time to time issue promotional discount codes for certain products on the Site. 

   6. To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. 

   7. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media (Paylab Prize). Paylab Prize competitions are subject to terms and conditions which will be made available on the Site at the time of each competition.
      
      

6. Reward Partners

   1. We work with various merchants and rewards partners to offer our services. We are not responsible for merchant and/or reward partner’s terms, product quality, delivery or customer service. 

   2. If you make a purchase through the App or the Site, you must agree to the sales terms of the relevant rewards partner.

   3. Some purchases may be excluded from cashback, including certain promotional items and transactions using unauthorised coupon codes.  

   4. We will not be liable for any returns you make with the merchants. 
      
      

7. Australian Consumer Law

   1. We do not accept refunds for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.

   2.  Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

   3. Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us. 

   4. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Membership Fees of the relevant product. Please contact us for further information.
      
      

8. Limitations

   Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

   1. neither Party will be liable for Consequential Loss; 

   2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and

   3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be the portion of the Membership Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Membership Fees paid, an amount equal to 12 months of the Membership Fees calculated on a pro rata basis having regard to the amount of the Membership Fees paid and the period of time).
      
      

9. Intellectual property 

   1. You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

   2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

   3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

   4. You must not, without our prior written consent: 

      1. copy, in whole or in part, any of Our Intellectual Property; 

      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

      3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

   5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

      1. you do not assert that you are the owner of Our Intellectual Property;

      2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 

      3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 

      4. you comply with all other terms of these Terms.
         
         

10. Termination 

    1. Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via ‘cancel my Membership’ feature in your account. Your cancellation will take effect from the end of the current Billing cycle as set out in your account.

    2. A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: 

       1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or 

       2. the Defaulting Party is unable to pay its debts as they fall due. 

    3. Should we suspect that you are in breach of these Terms, we may suspend your access to your account while we investigate the suspected breach. 

    4. Upon expiry or termination of your Membership: 

       1. we will remove your access to your account; 

       2. where we terminate your Membership as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees; 

       3. where termination is due to our breach of these Terms, we agree to refund you for any prepaid and used part of the Membership Fees on a pro-rata basis; and

       4. where you have participated in Paylab Prize, your participation in the competition will be withdrawn.

    5. Termination of a Membership will not affect any rights or liabilities that a Party has accrued under these Terms. 

    6. This clause will survive the termination or expiry of your Membership. 
       
       

11. General

    1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

    2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

    3. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

    4. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

    5. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

    6. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 

    7. Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

    8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
       
       

12. Definitions 

    1. Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The parties agree that your obligation to pay us the Membership Fees under these Terms will not constitute “Consequential Loss”. 

    2. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control. 

    3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise. 

For any questions and notices, please contact us at:

Paylab Pty Ltd (ACN 650 927 325) 

Email: appsupport@paylab.com.au