Terms & Conditions
Frequently Asked Questions
Note: If you’ve been directed here from the WageSplitter app - don’t worry, you're in the right place. We’re in the middle of changing our business name from WageSplitter to Paylab. So things might look a bit different!
These terms and conditions of use were last updated in March 2023.
The Paylab Platform
While we use reasonable endeavours to ensure that the Paylab Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Paylab Platform may be suspended without notice in the case of system failure, maintenance or repair, failure by either the Employer or the Employee to repay amounts advanced, your Employer advising that your employment is to be terminated or any other reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, app, feature or service (or part thereof) on the Paylab Platform at any time.
We do not warrant that content, links, or subdomains contained on, or associated with the Paylab Platform will be available and accessible to you at all times. We may change the path or location of a link or subdomain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you provide will remain constant at the time that you provide or share them on the Paylab Platform, as they are subject to change at any time without notice to you.
Information on our platform and in any websites or apps operated or controlled by Paylab should not be regarded as a substitute for professional legal or financial advice.
Paylab is responsible for maintaining the Paylab Platform and makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of Paylab, and any Third Party Content on our website) and Paylab and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Paylab Platform.
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Paylab Platform at any time without providing notice to you.
Acceptance of the Conditions
We provide access to the Paylab Platform and allow you to use some or all of our services, being the payment to you of accrued but unpaid salary or wages by way of an electronic transfer of funds or other approved payment method, and other ancillary payment or other services you can access through the Paylab Platform including purchasing, accessing and using Gift Cards to complete online and/or instore purchases at relevant retail stores (the “Services”), subject to the Conditions. Before you access the Paylab Platform, create an Account or use the Services, it is important that you read, understand, and agree to the Conditions.
In accessing the Paylab Platform, creating an Account, using the Services or clicking a box to agree to the Conditions, you agree to be bound by the most current version of the Conditions published on the Paylab Platform. If you do not accept the Conditions, you must refrain from accessing the Paylab Platform and using the Services.
You may not create an Account if you are not of legal age (unless you have parental consent) or do not have legal capacity to form a binding contract with us.
Creating an Account
You must not impersonate or create an Account for any person other than yourself (save as provided for in these Conditions). You may only create one Account. You are allowed to share your Account with up to three family members who reside in your household (“Additional Members”), provided that You retain overall responsibility for compliance with these Conditions and payment of any amounts owing to us under these Conditions. The Additional Members must also comply with these Conditions as if they were the primary holder of the Account, and references to “You” in these Conditions apply, as relevant, to the Additional Members.
We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your Account details, including your pin or biometrics. You are wholly responsible for all activities which occur using your Account details and you are liable for any loss, cost, damage, or expense to you or any other person that may arise as a result of that activity. You must notify us immediately if you become aware of any unauthorised use of your Account or Account details. You must not permit your Account details to be used by any other person.
We reserve the right to, in our sole discretion, suspend or terminate your Account or access to all or any part of the Paylab Platform without notice to you, including if we believe you are abusing the Services in any way, where we reasonably consider account activity to be suspicious, where we consider it reasonably necessary to prevent fraud or limit or otherwise protect us against any legal, regulatory or non-payment risk, if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, you fail to continue to meet the eligibility criteria to create an account, your Employer requests us to do so, where requests are made by law enforcement or other government agencies to do so, or where you have breached the Conditions or are no longer an active member.
Where we do suspend or terminate your Account, any Payment Requests (as detailed below) submitted but not yet approved will be cancelled.
You further agree to:
- allow Paylab to collect information, on your behalf, using your credentials on Third Party platforms;
- provide your information to Third Parties in accordance with the Conditions to provide the Services.
By entering into these Conditions and accessing the Paylab Platform, you represent and warrant that all information provided, and to be provided, in accordance with these Conditions is accurate, complete and current, and you will use the Paylab Platform in accordance with these Conditions.
Provision of Services
Once your Account has been set up, you can make a Payment Request at any time. Each Payment Request must be less than or equal to your Available pay or be made by making a Card Payment. We reserve the right to have a minimum amount which can be accessed via a Payment Request.
No Payment Requests will be approved and paid to you where you are in default of your obligations under these Terms, where, by processing a Payment Request, you will exceed your Available pay (except where you make a Card Payment), or where in Paylab’s discretion you no longer meet the eligibility criteria to maintain an open Account with Paylab.
Once a Payment Request has been approved, we will process the Payment Request and pay it to you in the manner requested (as either a Cash Payment or by electronically delivering a Gift Card to you that can be used either as a form of payment at a relevant retailer or to gift to another person (a “Gift Card Payment”)). Once a Payment Request has been paid, we will update your Available pay to reflect the Payment Request.
Once your Payment Request has been submitted, you cannot cancel or change the Payment Request via your Account. Once a Payment Request has been approved, you cannot cancel or change your Payment Request.
Once the Gift Card Payment or Cash Payment have been made or processed, we will, where you are using your Available pay, deduct the amount of the approved Payment Request directly from your salary or wages in your next Pay Cycle (or, if your employment terminates before your next Pay Cycle, we will deduct the amount of the approved Payment Request directly from your employment entitlements before they are paid to you by your Employer).
If your Payment Request has been rejected, you will not receive any payment and your Available pay will not be reduced. However, you may submit another Payment Request.
Any Cash Payment made to you in accordance with these Conditions is not consumer credit as defined in, and is not regulated under, the National Consumer Credit Protection Act 2009 (Cth).
Any Gift Card Payment made to you in accordance with these Conditions is exempt from, and is not regulated under, the National Consumer Credit Protection Act 2009 (Cth), the Payment Systems (Regulation) Act 1998 (Cth) (PSRA), the Corporations Act 2001 (Cth), any class orders issued by the Australian Investment and Securities Commission (ASIC), including without limitation ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211, and any declarations made by the Reserve Bank of Australia relating to Gift Cards.
Both Cash Payments and Gift Card Payments are, where you are using Available pay, made to you as an advance of money on account of wages for the purposes of section 560 of the Corporations Act 2001 (Cth) and as such we claim the right of priority given by that section to the full extent permitted under that section.
As an alternative to using your Available pay (where available) you will also be able to make a Gift Card purchase by using a debit or credit card. To make a payment by credit or debit card (Card Payment) you need to follow the steps as they appear on the Paylab Platform. We are not responsible for the money you have uploaded until we have received it. For clarity, in an upload transaction, we are the recipient of funds and not the payment services provider. Making Card Payments is not part of our Services, they are services provided by third parties, for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Card Payment and may change or stop offering a Card Payment at any time without notice to you.
If you made a Card Payment which gives you chargeback rights (for example in relation to your credit card, you may contact your card provider to dispute a transaction on your card), you promise that you will only exercise this chargeback right if:
(a) we have breached this Agreement; or
(b) there was an unauthorised use of your payment instrument.
You confirm that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any action in connection with a chargeback raised by you, we may charge you for our costs in doing so (including, if applicable,deducting such amount from any Available pay).
For legal and security reasons, we may impose limits on how much you can spend using a Card Payment.
Paylab has engaged a payment gateway service provider to secure all aspects involving Card Payments. All customer information is securely submitted and processed entirely on specialised third party systems; Paylab cannot access, view, process and we do not store sensitive cardholder data (such as card numbers, PIN codes or CVV/CVC codes).
Our third party payment services provider is certified to meet the regulatory security requirements outlined by the Payment Card Industry Data Security Standard (or PCIDSS). PCIDSS certification is required by banks and credit card issuers in order to allow merchants such as Paylab to accept payments from customer credit cards. As part of the certification process, our third party payment services provider is required to implement stringent security controls and undertake regular independent security audits to maintain its certification and security assurance levels.
Fees and surcharges
You may be charged a Service fee for each Cash Payment made to you. The Service fee will be added to the amount to the Cash Payment amount to be deducted from your Payroll.
The rate of interest charged on Cash Payments made to you is nil.
We may vary the amount, frequency and time for payment of the Service fee and impose new fees and charges without your consent by giving you at least 20 days’ written notice in compliance with the law. Any changes will only apply to any new Payment Request/s made by you after the changes. If you are unhappy with any of the changes, you may terminate these Conditions in accordance with their terms.
You will not be charged a Service fee for any Gift Card Payment made to you unless you are advised of such Service fee and you agree to proceed with a Gift Card Payment with an attaching Service fee.
You will be charged a surcharge to recover the cost of processing a Card Payment, known as the cost of accepting card payments. Paylab does not profit from surcharging on processing credit/debit card transactions.
Paylab provides you access and the ability to purchase Gift Cards using the wages you have already earned or by making a Card Payment. These Gift Cards can be used to shop at over 100 major retailers.
By using or attempting to use Gift Cards purchased via the Paylab App, or by making a transaction enquiry or exercising any right to redeem value of a Gift Cards purchased via the Paylab App, you:
- agree to be bound by these Terms;
- warrant to us that you will comply with these Terms and all applicable laws, and that any Gift Cards purchased via the Paylab App will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to other consumers; and
Using a Gift Card purchased via the Paylab App
- Use your Paylab Available pay or make a Card Payment to purchase fixed or variable value Gift Cards that can be redeemed to undertake transactions at relevant retailers;
- Once a Gift Card purchase has been completed, the Gift Card will be delivered to you via the Paylab App;
- Gift Cards purchased through the Paylab App can be redeemed at participating retailers and will be subject to the Gift Card Terms applied by each relevant retailer. It is your responsibility (as the user of the Paylab App) to check the terms and conditions applicable to the relevant Gift Cards and understand prior to purchase whether the relevant Gift Card can be redeemed online/in-store or used to partly pay or pay in full for transactions completed; and
- To complete a purchase at a participating retailer using a Gift Card purchased via the Paylab App, simply present the Gift Card details at the in-store checkout or include the Gift Card details into your online payment details when purchasing online (where online purchasing is available under the Gift Card Terms). Partly used Gift Cards will be accessible via your “wallet” within the Paylab App. You may wish to record the remaining balance of a partly used Gift Card in the Paylab App for easy reference at a later date.
Gift Cards that you purchase through our Services are issued by participating third-party retailers (Retailers). Your purchase of each Gift Card is governed by the terms and conditions established by the issuing Retailer in addition to these Terms. Retailers may set expiration dates for Gift Cards in addition to other restrictions and requirements. Please review all of the applicable Retailer’s terms and conditions prior to the purchase of any Gift Card. If you have questions relating to the applicable Retailer’s terms and conditions, please contact the issuing Retailer directly. As Retailers are the issuers of Gift Cards, Retailers (and not Paylab) are fully responsible for all aspects of their Gift Card programs. Retailers are responsible for all liabilities and costs suffered by you or any other party caused – directly or indirectly – by the Retailer or their products or services. We have no obligation to resolve any dispute between you and any Retailer. Paylab endeavours to work with reputable Retailers, however Paylab holds no liability for the sale of products or services provided to you by a Retailer. In purchasing a Gift Card from an issuing Retailer, you waive and release Paylab and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Retailer. Following the purchase of a Gift Card, Paylab is not responsible or liable to you in the event that a Retailer discontinues its Gift Cards or is unable to or refuses to redeem a Gift Card (including for reasons such as their insolvency, external administration or forced closure). Neither Paylab nor any Retailer is responsible for lost, deleted or stolen Gift Cards.
All Gift Cards sold via our Services are already activated at time of delivery from Paylab.
No cash advances
You cannot redeem any part of your purchased Gift Card for cash.
Validity and expiry of Gift Cards
Your purchased Gift Card will be valid for use until the Expiry Date. Any remaining value on the Gift Card that remains after the Expiry Date will not be available for use. To check the Expiry Date of your purchased Gift Card, please check the “Details” relating to the particular Gift Card.
No exchange of Gift Cards
You cannot exchange your Gift Card issued by one retailer for a Gift Card issued by a different retailer. Gift Cards cannot be reloaded or topped up or refunded.
Sending Gift Cards to other people
You are able to send or gift any Gift Card you purchase through our Services to another person (Recipient). Each time you send a Gift Card you purchase through our Services to a Recipient you will be notified when we have sent the Gift Card to the Recipient. Once the Gift Card has been received by the Recipient we no longer accept responsibility for the Gift Card.
If the Recipient has not received their Gift Card, we suggest that you ask the Recipient to check their junk mail (if sent by email) or mobile settings (if sent by SMS). You are responsible for entering the correct details for the Recipient, and we are not liable for Gift Cards lost where the Gift Card is sent using incorrect details or where received by an unintended Recipient.
In the event that the details you have entered are incorrect please contact us at firstname.lastname@example.org so we can review your request and, where we are able, re-direct the Gift Card to the correct details. If by accident you have entered incorrect details and the Gift Card has already been redeemed by an unintended Recipient we will be unable to assist with your request.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions using your Gift Card, except to the extent to which there has been negligence by us. Protect your Gift Card information by viewing it in privacy to ensure no one views and records your Gift Card information. We strongly encourage all users to have a passcode or other device locking security functionality on your mobile device.
We reserve the right to change any of these Terms at any time where the change is required:
- To add or remove participating retailers or where a Gift Card may be redeemed, including but not limited to where a participating retailer ceases to carry on business;
- For infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;
- To comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or
- Where we, acting reasonably, consider that it will not be to your detriment;
Errors and complaints
If you have reason to believe that an error has occurred in relation to your Gift Card purchase, please contact email@example.com. Any complaints about goods or services bought with a Gift Card must be resolved directly with the relevant Retailer.
There are no fees associated with your Gift Card purchase.
Where you make a Gift Card purchase using a Card Payment you will be charged a surcharge to recover the cost of processing a Card Payment (as described above).
Faulty Gift Card purchases
A re-issue of faulty Gift Cards is not available unless the fault with the Gift Card is proven to be a result of the issuing process or otherwise due to the fault of us or our agents or contractors or where otherwise required by law.
Paylab can only assist you with a refund for a Gift Card purchased using the Paylab App if there is a problem with the issuing process that prevents the Gift Card from being capable of being redeemed. If you seek a return or refund of a Gift Card please contact firstname.lastname@example.org with the reason for your request and proof of purchase for us to review.
If any value on a Gift Card has been spent, we are unable to process a return or refund unless required to by law. Paylab is not responsible for the refund of purchase price or return of any products purchased from Retailers.
Paylab will not provide refunds for partially used Gift Cards. You will be bound by the terms and conditions of each relevant Retailer in respect of their Gift Cards.
- The bearer of the Gift Card will be taken to be the owner of the Gift Card. If you lose your mobile device please contact us immediately so we can put a hold on your Account.
- If someone has partially or fully redeemed your Gift Card(s) while your mobile device is lost or stolen, Paylab will not be liable.
Subject to your continued compliance with the Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Paylab Platform solely in accordance with the Conditions during the term for your lawful purposes and for no other purpose.
Your general obligations
You may only use the Paylab Platform in accordance with the Conditions, any directions given by us (acting reasonably), and with all laws and regulations applicable to you, and for lawful purposes.
In accessing the Paylab Platform, you must not, nor cause or permit any other person to:
- use the Services in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including Intellectual Property Rights), violates the Conditions, or which restricts or interferes with the provision of the Services by us to any other user;
- use any device, software, process or means to interfere or attempt to interfere with the proper working of the Paylab Platform;
- use any device, software, process or means to access, retrieve, scrape any content on the Paylab Platform;
- modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Paylab Platform including code and software;
- alter, modify, adapt or copy the whole or any part of the Paylab Platform;
- reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the Paylab Platform;
- remove or obscure any copyright, trademark or other proprietary notice on the Paylab Platform;
- enter into any transaction relating to access or use of the Services with a party other than us, without our prior written consent;
- attempt to disable or circumvent any security or other technological measure designed to protect the Paylab Platform or users;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- attempt to gain unauthorised access to the Paylab Platform, computer systems or networks connected to the Paylab Platform, through hacking, password mining or any other means; or
- use the Paylab Platform for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Paylab Platform; or
- use the Paylab Platform:
- to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, surveys, instant messaging, “spimming,” or “spamming” or other mass messaging, whether in commercial nature or not;
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose.
At all times you must:
- be honest and faithful in all your dealings;
- not engage in any unsound, unethical or improper business;
- provide full and correct information to us, and provide truthful explanations to us, in all matters relating to the Services;
- ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us; or
- immediately notify us if you become aware of any malfunction of the Paylab Platform or any breach of the Conditions.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Paylab Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
You expressly understand and agree that except as otherwise set out in these Conditions, the Paylab Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Paylab Platform will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Paylab Platform will be accurate or reliable, that any errors or defects in the Paylab Platform will be corrected, or that the Paylab Platform will meet any or all of your requirements.
Although considerable effort has been taken to make the Paylab Platform and any other operating communication channels available at all times, no warranty is given that these channels will be available and error free every minute of every day. You acknowledge and agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
These disclaimers will apply to the maximum extent permitted by applicable law. Nothing in these Conditions is intended to affect your statutory rights.
From time to time, Paylab may offer new features or tools with which you may experiment with on the Paylab Platform. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at our sole discretion.
Our apps and voice assistant products are provided subject to the platform or software provider’s terms.
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and Paylab. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone, iPad or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
- Paylab (not Apple) is solely responsible for the app and its contents; and
- Paylab is not required to provide maintenance or support services for the Paylab App.
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund any app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
We are (and Apple is not) responsible for:
- addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
- investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at email@example.com or via the Paylab App.
You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache Licence, Version 2.0 (the “Licence”); you may not use this file except in compliance with the Licence. Unless required by applicable law or agreed to in writing, software distributed under the Licence is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Licence for the specific language governing permissions and limitations under the Licence.
We make no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.
You must evaluate, and bear all risks associated with the use of information provided, including your reliance on the accuracy, completeness, or usefulness of it.
If you think that the Paylab Platform has been accessed or used by another user in breach of the Conditions, please email us at firstname.lastname@example.org. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the content that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to email@example.com.
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Paylab Platform.
The Paylab Platform contains content that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the content on the Paylab Platform for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
Nothing displayed on the Paylab Platform should be construed as granting any right of use in relation to any logo, masthead or trade mark without the express written consent of the relevant owner.
Intellectual Property Rights
Except where expressly stated otherwise, all ideas, concepts, know-how, data processing, data compilations, databases, source code, object code, software, documentation, trademarks, trade secrets, copyrights, inventions subsisting in the Paylab Platform, our Services, our Confidential Information, and any information and materials related to the foregoing, and all associated Intellectual Property Rights (“Our Property”), are and will remain the sole property of Paylab or our licensors, and no rights, title, or interest are granted to you or any third party under this Agreement with respect to Our Property therein other than as expressly set forth in the Conditions.
Other than as expressly permitted in the Conditions, nothing in the Conditions shall be construed to transfer any right, title, or interest to you of Our Property. You disclaim all rights to Our Property, other than those rights granted in the Conditions, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production. You may not access, use, resell, sell, licence, sub-licence, distribute, make available, rent, or lease the Our Property or any Intellectual Property Rights therein for any purpose, except as expressly authorised by the Conditions.
You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Services.
Each party must not without the written consent of the other:
- use any Confidential Information of the other party, except in performing its obligations under the Conditions; or
- disclose any Confidential Information of the other party to any person except to those who need to know in order to provide the Services and who agree to be bound by similar obligations of confidentiality.
This clause does not apply where:
- disclosure is required by law;
- the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and
- the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.
These obligations of confidentiality survive termination of the Conditions.
Third Party Content
Our platform may contain content provided to Paylab by other parties (Third Party Content). Paylab does not have a practice of monitoring or making inquiries about Third Party Content. Paylab is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Paylab. You rely on Third Party Content contained on the Paylab Platform completely at your own risk.
Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on the Paylab Platform. Such websites do not form part of the Paylab Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Paylab Platform entirely at your own risk.
You must not link to the Paylab Platform from any other website (or otherwise authorise any other person to link from a third-party website to the Paylab Platform) without our prior written consent.
The Paylab Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
If you contact a third-party using functionality provided on the Paylab Platform, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
You use the Paylab Platform at your sole risk.
You must take your own precautions to ensure your access to the Paylab Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.
We will not be liable for loss resulting from any action taken by you using the Paylab Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Paylab Platform in any circumstance.
Limitation of liability
You use the Paylab Platform at your sole risk.
Certain rights and remedies may be available under the Competition and Consumer Act 2010(Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Paylab Platform that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, in the case of services supplied or offered by us:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied;
- or the replacement or repair of goods or payment of the cost of replacement or repair; and
In relation to any express warranty or condition set out in the Conditions in connection with services supplied or offered by us via the Paylab Platform, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature however arising in connection with the Paylab Platform.
You agree to fully indemnify and hold us and our affiliates (and their officers, shareholders, agents, partners and employees) harmless against any expenses (including reasonable legal fees or attorney’s fees), costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Paylab Platform or the Services, including any breach by you of the Conditions.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Paylab Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms, for any delay or failure to observe or perform any of our obligations under these Terms for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
You must not assign the Conditions or otherwise transfer for the benefit of the Conditions or a right or remedy under it without our prior written consent.
We may novate, assign or transfer part or all of our rights and obligations under the Conditions to any third party and you consent to the novation, assignment, or transfer.
These Conditions commence on the date you agree to them and will continue until terminated by you or us in accordance with these Conditions.
Either you or we may terminate these Conditions immediately by notice. If these Conditions are terminated, then:
- any amount repayable to Paylab including any applicable Transaction Fees will become immediately due and payable;
- any submitted Payment Requests, which have not been approved or rejected, will be automatically cancelled;
- you will not be able to submit any further Payment Requests;
- your Account will be closed;
- you will not be able to access the Paylab Platform; and
- we will keep a copy of any information or data relating to your Account in compliance with the law.
Notices must be in writing and given in the English language. Notices may be delivered to a party by hand or by email to that party’s address shown below or to the alternate address notified to the party giving the notice.
Our address for delivery of a notice is Paylab Pty Ltd (ACN:650 927 325), c/- email: firstname.lastname@example.org.
Your address for delivery of a notice is the email address provided by you during the registration process.
A notice will be taken to be duly given and received when the recipient party confirms, by automated email, receipt of the notice or four hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered.
If a dispute arises between you and us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. If you have a dispute, please contact us at email@example.com.
No Class Actions: You and we may bring claims against the other in your or our individual capacity and not as a plaintiff, class member or private attorney general in any purported class or representative proceeding. Further an arbitrator or court may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Timing of Claims: Notwithstanding any other rights you or we may have under law or equity, any cause of action arising out of or related to the Conditions or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
The Conditions constitute the entire understanding between you and us and supersede all previous and contemporaneous communications, representations, or agreements with respect to your access and use of the Services. The Conditions also supersede any prior agreements between you and us in respect of your use of the Services. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the Services.
Headings are for convenience only and do not affect interpretation.
No failure or delay of either you or us in exercising any right, power, or privilege under the Conditions operates as a waiver or any such right, power of privilege.
If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of the Conditions are to remain in full force and effect.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Services. Nothing in the Conditions will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us.
Your rights and obligations under the Conditions are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
You must do everything reasonably required by us to give full effect to the Conditions.
Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.
There are no third-party beneficiaries to the Conditions.
Anti-Money Laundering and Counter-Terrorism Financing
You agree to provide all information to us which we reasonably require in order to manage our obligations in providing the Services in relation to anti-money laundering and counter terrorism financing or to comply with the applicable laws.
You agree that we may refuse to process any transaction under this Agreement without any liability if we suspect that the transaction may breach any applicable laws.
Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
In these terms and conditions:
“Account” means the account we have created for you to use the Paylab Platform.
“Available pay” means the balance that is available to you in a particular Pay Cycle Period to make a Payment Request in accordance with the Conditions.
“Bank Account” means your bank account into which all Cash Payment Requests will be credited, the details of which your Employer has provided to us as part of the Account set-up as described under these Conditions, or as changed having been advised by your Employer and confirmed by you.
“Card Payment” means funds paid in to Paylab by debit or credit card to make a Gift Card purchase.
“Cash Payment” means the payment to you of your Cash Payment Request.
“Cash Payment Request” means a request, submitted via the Paylab Platform, for you to be paid in cash into your Bank Account prior to your usual pay day, some or all of your wages or salary which has been earned but not yet paid by your Employer, subject to your Available pay.
“Employer” means the person or entity who employs you.
“Gift Card” means any virtual prepaid card or other electronic or digital debit payment mechanism, electronic promise, number, code or device which can be used to purchase goods or services from the relevant issuer of the card.
“Gift Card purchase” means the purchase of a Gift Card.
“Gift Card Payment” means the payment to you of your Gift Card Payment Request.
“Gift Card Payment Request” means a request, submitted via the Paylab Platform, for you to make a Gift Card purchase, subject to your Available pay or making a Card Payment.
“Pay Cycle” means the frequency that your Employer usually pays your wages or salary e.g. weekly, biweekly or monthly.
“Pay Cycle Period” means the time period between being paid in the last Pay Cycle and being paid in the next Pay Cycle.
“Payment Request” means a Cash Payment Request or a Gift Card Payment Request.
“Retailer” means a participating third-party retailer who facilitates a relevant shopping purchase.
“Service fee” means the dollar or percentage fee (if applicable) that applies to each Payment Request processed by Paylab in accordance with these Terms. The applicable fee will be specified in the Paylab Platform at the time you make a particular Payment Request.
“Services” means the payment to you of accrued but unpaid salary or wages by way of an electronic transfer of funds or other approved payment method, and other ancillary payment or other services you can access through the Paylab Platform including by way of shopping or similar purchases.
“Third Party” means third parties not related to Paylab.
“Third Party Content” means content provided by any Third Party.
“Paylab”, “Us”, “we” or “our” means Paylab Pty Limited (ACN 643 322 696) and/or its related bodies corporate.
“Paylab Platform” means all of the websites and apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).