Terms and Conditions

RewardPay Pty Limited

ABN 92 166 007 227

1. Our Service

RewardPay Pty Limited (ABN 92 166 007 227) (We, Us, Our) provides a Payment Service to enable AMEX card members (You, Your) to pay business expenses to Australian Suppliers who do not ordinarily accept credit card payments. We pay the business expense on behalf of the business with which You are associated (in this document, we refer to this business as Your 'ABN Holder') and charge Your AMEX card so that You receive the benefit of AMEX reward points. We will issue an invoice in Our name to Your ABN Holder and it is Your responsibility to obtain reimbursement from Your ABN Holder for the charges on Your AMEX card.
In addition to AMEX reward points You may be eligible for other Rewards which we offer from time to time as set out in Appendix 1 of this Agreement.
That's it in a nutshell, but of course there is fine print and You need to make sure You have read it so You understand how the Payment Service works, whether You are eligible to use the service, what limits apply to use of the service and the kinds of suppliers and payments that can be made through the service. When You register to use the Payment Service, we will assume You have read and accepted the fine print set out in this document, including any appendices and schedules (Agreement).
All terms and conditions in this Agreement which apply to use of our Site, are binding on anyone who accesses the Site, irrespective of whether or not they are eligible to use the Payment Service.

IMPORTANT: As a payment service provider, We are an intermediary and Our responsibility is limited to making Payments on Your behalf to Your Eligible Suppliers in accordance with Your Payment Instructions. We do not get involved in and are not responsible for Your dealings with Your Eligible Suppliers or for the goods or services for which Payment has been made by Us in accordance with Your Payment Instructions. If those goods or services are unavailable, not delivered or are defective, You are responsible for resolving these issues with Your Eligible Suppliers and We do not accept any responsibility or liability in these circumstances.

2. Your eligibility

Our Payment Service is only available for payment of business expenses. It is not available for payment of personal expenses. It is also only available for payment of business expenses for goods and services supplied in Australia.
To be eligible to use our Payment Service, You must hold a current and valid AMEX Card and You must be connected to a valid ABN. To be 'connected' with an ABN, You must be connected with an ABN Holder under one of the following categories:
1. You are an individual holder of an ABN who is in business as a sole trader;
2. You are a partner in a partnership which holds an ABN
3. You are a trustee of a trust which holds an ABN;
4. You are a director, officer or authorised representative of a registered company which holds an ABN;
5. You are an authorised representative of a registered association which holds an ABN;
6. You are an authorised representative of a registered cooperative which holds an ABN; or
7. You are an authorised representative of a statutory body which holds an ABN.
Payment requests which You make through the Payment Service will be for Payments to be made by Us on behalf of Your ABN Holder
In order to access our Payment Service You will need to apply for a User Account in accordance with clause 4 of this Agreement.
If we accept Your application for a User Account, You will be issued with a User Access Code to enable You to access the Payment Service. You agree to be bound by this Agreement each time You access the Site and each time You use the Payment Service.
We reserve the right to decline any application for a User Account. If we decline Your application for a User Account, You will not be able to use the Payment Service.

3. Term

This Agreement will commence on the date that You first access the Site and shall remain in force until the earlier of:
1. Your provision of written notice of termination to Us;
2. Our provision of written notice of termination to You;
3. the date on which Your User Account is cancelled in accordance with Clause 11 or Clause 18 of this Agreement; and
4. the date immediately following a period of not less than 24 months of inactivity of Your User Account.

4. User Account and User Access Code.

In order to use Our Payment Service, You will need to submit a User Account application to Us and confirm electronically that You accept this Agreement by clicking on the “I have read and agree with the terms and conditions set out in the agreement” located on the Payment Page.
If You do not confirm that You accept this Agreement, You will not be able to submit a User Account application. We will assume that You have read this Agreement in full and agree to be bound by it if You confirm that You accept it.
Upon receipt of Your User Account application, We will verify Your identity and the identity of Your ABN Holder in accordance with Our legal obligations (including those under the AML/CTF Act) and this Agreement. You agree to provide all information reasonably required by Us (or Our agents) for that purpose.
To be eligible to apply for a User Account, You must:
1. satisfy the requirements of clause 2b above;
2. be at least 18 years of age and capable of forming a legally binding contract;
3. have valid contact details including a contactable mobile phone, valid email address and valid Australian residential address;
4. be a permanent resident in Australia; and
5. warrant that You have been validly authorised by or under the terms of any applicable instrument binding on the registered company, registered association, registered cooperative, trust, partnership or statutory body whose ABN is to be connected with the User Account.
You authorise Us, on behalf of Yourself, Your ABN Holder and any other person or entity whose information You submit to Us (Associated Persons), to use that information to conduct customer due diligence to confirm Your and any Associated Person(s)' identity, creditworthiness and bona fides of payments. For this purpose, You authorise Us to disclose Your and any Associated Person(s)' personal and other information to third parties, including credit agencies, relevant authorities and Your Suppliers.
You warrant that:
1. the information You provide to Us is true, correct and complete and that You have obtained all necessary consents from Associated Person(s) for the disclosure of their personal and confidential information to Us for the purposes set out in the preceding clause;
2. You are authorised by Your ABN Holder to submit Payment Instructions to Us to make Payments on behalf of Your ABN Holder to Eligible Suppliers; and
3. Your ABN Holder has agreed to reimburse You for any Payments made by Us on behalf of Your ABN Holder and charged to Your Card.
You agree to provide Us with information confirming Your and any Associated Person(s)' identity as may be requested from time to time. Should You be unable or unwilling to provide the information requested, We reserve the right to suspend or cancel Your User Account and User Access Code and access to Our Payment Service until such information is provided and/or take any other steps We deem necessary.
All personal information collected by Us will be treated in accordance with Our Privacy Statement available at https://www.rewardpay.com.au/privacy.
You agree to keep Your User Account and User Access Code confidential and secure at all times.
We reserve the right to decline Your application for a User Account, even where such application complies with the above listed eligibility criteria. We are not required to provide reasons for Our decision to decline Your application.

5. Payments to Suppliers

Once You have a registered User Account and have been issued with a User Access Code, You can utilise the Payment Service to instruct us to make Payments to eligible Suppliers.
For a Supplier to be eligible, they must satisfy the following criteria:
1. they must carry on business in Australia under a valid and current ABN; or
2. they must be a statutory body which operates under a valid and current ABN; and
3. they must charge Your ABN Holder in Australian dollars,
You may set up and store payment details and other information regarding Your Eligible Suppliers in Our Payment Service. It is Your responsibility to ensure this information is accurate, current and complete.
For each Payment You wish to make to an Eligible Supplier using the Payment Service, You must advise Us of the following:
1. the name and ABN of the Supplier;
2. the BSB/bank account or BPAY details of the Supplier;
3. the principal industry that the Supplier operates in; and
4. the Payment Amount that You authorise Us to pay to the Supplier on behalf of Your ABN Holder; and
5. Your Card details as set out in clause 5f.
We can, in our absolute discretion, reject any Payment Instruction refuse to make payments to any Supplier, including any Eligible Supplier.
Your Card details, including Cardholder Name, Card Number, Card Expiry Date and Card Security Code must be entered in Our Payment Service to effect a Payment.
When Your Card details are entered into the Payment Service, these details are validated by AMEX. We receive an identity token from AMEX when Your Card details are validated. We use this token to validate future use of Your Card to effect Payment in accordance with Your Payment Instructions. We do not store Your Card details.
Following receipt of Your Payment Instruction, subject to sufficiency of funds on your Card, We will charge your Card in accordance with clause 5i and, subject to clause 5n, will make payment to Your Eligible Supplier for the Payment Amount specified in Your Payment Instruction.
For each Payment made by Us in accordance with Your Payment Instruction, Your Card will be charged for:
1. the Payment Amount specified in that instruction; and
2. Our Fees for the Payment, details of which are set out in Clause 9 of this Agreement.
Except to the extent prevented by circumstances outside our reasonable control or due to breach of this Agreement by You, for each Payment Instruction, Payment will be made by Us to Your Eligible Supplier, on the business day after We receive the Payment Amount from AMEX. Without limiting clauses 10b and 10c and to the maximum extent permitted under Australian law:
1. We make no guarantees as to the date on which Payment will be made to Your Eligible Supplier and We are neither responsible nor liable in any way for late Payments or failure to pay Your Eligible Supplier by any due date; and
2. We will not be liable for any late payment fees levied on You or Your ABN Holder by any Supplier, or for any early payment discounts forgone as a result of delayed payment, irrespective of whether or not We, Amex or their respective agents are responsible for the delay in Payment.
The Payment Amount and Our Fees charged to Your Card will be displayed on Your AMEX statement as transactions with RewardPay.
Only You, the Card holder, can authorise Payments on Your Card via Our Payment Service. You must not allow or approve other persons to utilise Your User Access Code, to submit Payment Instructions to Us which will be charged to Your Card, to set up a Supplier or in any way act on Your behalf in relation to the use of Our Payment Service.
You agree that once You submit a Payment Instruction to Us, You are providing unconditional authority for Us to:
1. make Payment of the Payment Amount specified in that instruction to the Supplier specified in that instruction on behalf of Your ABN Holder;
2. charge the Payment Amount specified in that instruction plus our Fees to Your Card; and
3. to issue an invoice in Our name to Your ABN Holder.
We may, at Our sole and absolute discretion and at any time, refuse to make a Payment or impose a limit on the amount that can be paid via Our Payment Service to any Supplier. We are not obliged to provide supporting reasons to You.
Where We refuse to make a Payment to Your Eligible Supplier or where a Payment cannot be processed for either technical or other reasons (such as insufficient credit available on your Card), You will be contacted and advised that the Payment has been denied and You will not be liable to Us for any Payment Amounts or Fees that relate to that transaction. We will make a full refund via a credit to Your Card in relation to any such amounts which have already been charged to Your Card, subject to any offset rights under Clause 9e of this Agreement.
For Scheduled Payment Instructions and Recurring Payments Instructions, We will obtain Payment authorisation from AMEX at the time You submit the Scheduled Payment Instruction or Recurring Payment Instruction and within 7 days of the Payment Date for each subsequent scheduled or recurring payment. We will not be liable for Our inability to carry out a Scheduled Payment Instruction or Recurring Payment Instruction due to a lack of funds or technical difficulties on the actual Payment Date. We will inform You of any failed payment attempts and will make a full refund in the manner set out in clause 5o.
If You submit a Recurring Payment Instruction, each payment to be made in the recurring payment schedule will be treated as a separate Payment Instruction and for each of these Payment Instructions, you will be eligible for any promotions which are valid at the Payment Date applicable to that instruction. For example, if You submit a Recurring Payment Instruction on 1 May for three monthly payments to be made on the first day of May, April and June and We are running a 30% Qantas points promotion for the month of May, then the promotion will only apply to the Payment Instruction for May and will not apply to the Payment Instructions for April and June.

6. Cancelling, Stopping or Reversing a Payment

Once You submit a Payment Instruction it can only be cancelled if You notify Us by clicking the trash can icon next to the applicable Payment Instruction on the Payment Page (or if You are unable to access the Payment Page, by calling Us on 1300 473 927) prior to 11.00am AEST/AEDT on the business day immediately following the date that You submitted the Payment Instruction.
You warrant that all information provided in a Payment Instruction is accurate. You acknowledge that any inaccurate information in a Payment Instruction about Your nominated Supplier or Payment Amount may, without limitation, result in amongst other things:
1. the Payment being made by Us to someone other than Your intended Supplier;
2. Our Supplier receiving the incorrect amount; or
3. Us not making payment to Your Supplier at all.
Where You provide inaccurate information in a Payment Instruction, You release Us from any liability arising from that inaccuracy. For the avoidance of doubt, except to the extent that We are required by law, We are not responsible for and do not check the accuracy of Your Payment Instructions and have no liability to You or any other person for any Payment made in accordance with Your Payment Instructions.

7. Security & Authorisation of Payments

We will take reasonable steps to secure the Site and Your User Account. However, it is Your responsibility to ensure that You do not allow unauthorised access to Your User Account. We will assume that when Your User Account and User Access Code are entered into Our Payment Service, they are being entered by You.
You agree to inform Us immediately if You suspect the security of Your User Account, User Access Code or mobile phone have been breached, or if You become aware of any payment authorised from Your User Account that was not authorised by You.
You acknowledge that We will not be held responsible for any payments that have not been authorised by You, except where such unauthorised payments occur solely as a result of the fraudulent or negligent behaviour of Our staff or agents.
It is Your responsibility to inform Us of any unauthorised payments within a period of 10 business days from the date of transaction in Our Payment Service. To the maximum extent permitted by law, We will not accept liability or provide You or Your ABN Holder with any refund for unauthorised payments which You fail to report to Us within this period.

8. Chargebacks

As a payment service provider, We are an intermediary and Our responsibility is limited to making Payments on Your behalf to Your Eligible Suppliers in accordance with Your Payment Instructions. We do not get involved in and are not responsible for Your dealings with Your Eligible Suppliers or for the goods or services for which Payment has been made by Us in accordance with Your Payment Instructions. If those goods or services are unavailable, not delivered or are defective, You are responsible for resolving these issues with Your Eligible Suppliers and We do not accept any responsibility or liability in these circumstances.
Subject to clause 8f and any other rights You may have at law, You agree to resolve any matter related to Our Payment Service with Us and not with AMEX. You agree that You will not seek a refund, reversal or chargeback from AMEX for any amounts We validly charge to Your Card in accordance with Your Payment Instruction, including but not limited to circumstances where:
1. You have made an error in those instructions;
2. You believe that the Payment Instruction was submitted from Your User Account by someone other than You;
3. You have not received some or all of the goods or services to which the Payment Instruction relates or delivery of such goods and services has been delayed or You have been supplied with incorrect goods or services;
4. You are not satisfied with the quality or performance of the goods or services to which the Payment Instruction relates, or there is a defect in those goods or services;
5. You have a dispute with the Eligible Supplier to whom the Payment Instruction relates or You believe You are the subject of a scam or fraudulent transaction;
6. You believe that We have made an error in following Your Payment Instruction; or
7. You are entitled to a refund under this Agreement.
You agree to notify Us in writing if any of the circumstances in Clause 8b arise and will provide Us with any information reasonably requested by Us in relation to those circumstances.
We will not refund any amount which We have charged to Your Card except where:
1. You are entitled to a refund under clause 5o or clause 18b;
2. Your User Account and User Access Code have been used by someone other than You due to Our failure to comply with clause 7a;
3. We have not followed Your Payment Instructions correctly.
If You are entitled to a refund under clause 8d, we will notify You and We will make a full refund (including applicable Fees) via a credit to Your Card, subject to any offset rights that exist under Clause 9e of this Agreement. If We are unable to credit Your Card, We will contact AMEX for instructions as to how the credit is to be effected.
If We fail to provide a refund under clause 8e within a reasonable time, You are entitled to seek a refund, reversal or chargeback from AMEX in accordance with Your agreement with AMEX.

9. Fees

By accepting this Agreement, You agree to pay Our Fees as set out on the Site. Such Fees may be amended by Us in our sole discretion and at any time provided notice is given to You before any Fee changes are implemented. Any change to Our Fees will not apply to a Payment Instruction which You have submitted prior to notification being given by Us. The Fees We charge You for processing each Payment Instruction will be the Fees applicable at the Payment Date of the relevant Payment Instruction. If You have submitted a Recurring Payment Instruction, each payment in the recurring payment schedule will be treated as a separate Payment Instruction with a separate Payment Date. The Fees We charge You for processing each of these Payment Instructions will be the Fees applicable at the Payment Date of the relevant Payment Instruction. For example, if You submit a Recurring Payment Instruction on 1 May for three monthly payments to be made on the first day of May, April and June and We increase Our Fees at the end of May, then the Fees we charge you for processing Your Payment Instruction for May will be less than the Fees We charge You for processing Your Payment Instructions for April and June.
Our Fees will be due and payable and charged to Your Card on the Payment Date. Our Fees will be charged to Your Card in addition to the Payment Amount specified in Your Payment Instruction.
Except to the extent expressly set out in this Agreement, Our Fees are not refundable, including but not limited to circumstances where an Eligible Supplier refunds to You or Your ABN Holder, all or part of a Payment made to that supplier.
You agree to reimburse Us for third party fees, charges and/or penalties We incur as a result of errors in Your Payment Instructions.
We are entitled to withhold and offset amounts owed by Us to You against any obligations, debit balances or amounts owing by You to Us and You expressly consent to such deductions or withholdings. We may do so without prior notice.

10. Management of Funds

For each Payment we make in accordance with Your Payment Instruction, You acknowledge that We receive payments from You by charging Your Card for the Payment Amount which You have authorised Us to pay to Your Eligible Supplier plus the applicable Fees. Funds received by Us from AMEX less the applicable Fees are remitted by Us to Your Eligible Supplier on behalf of Your ABN Holder.
When We receive funds from AMEX as a result of charging Your Card in respect of a Payment Instruction, those funds are held on trust by Us to be applied for the following purposes:
1. making a Payment to Your Eligible Supplier in accordance with clause 5j;
2. paying our Fees in respect of that Payment Instruction;
3. paying any fees due to AMEX in respect of that Payment Instruction; and
4. repaying that Payment to AMEX on demand by AMEX or You if We have not made the Payment to Your Eligible Supplier in accordance with clause 5j.
To the extent that We do not pay any amount due to AMEX in accordance with clause 10b(iv), We hold that amount on trust for AMEX. Notwithstanding the foregoing, You acknowledge that We do not hold any funds in a separate trust account and we do not hold funds received from charges to Your Card separately from funds received from charges to Our other customers' cards.

11. Restriction, Cancellation or Suspension

We may, at any time and in Our sole and absolute discretion:
1. restrict, cancel or suspend the provision of the Site, the Payment Service or Your User Account and User Access Code. Where possible, We will use reasonable endeavours to provide advance notice to You; or
2. elect not to process Your Payment Instructions, for example in circumstances where Your User Account has been suspended or cancelled or where required by law. If Your User Account is suspended or cancelled after Your Card has been charged, but before Payment has been made to Your Eligible Supplier, We will make a full refund (including applicable Fees) via a credit to Your Card, subject to any offset rights that exist under Clause 9e of this Agreement. If We are unable to credit Your Card, We will contact AMEX for instructions as to how the credit is to be effected.

12. Warranties

Except for any warranties set out in this Agreement and to the maximum extent permitted by law, We and Our Third Party Providers make no other warranty to You in connection with the Site and Payment Service and all other warranties, representations or conditions, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement are excluded by Us and We and our Third Party Providers make no warranty that the Site and Payment Service will be free from error and operate uninterrupted.
You acknowledge that We do not have any control over the goods or services that are paid for with our Payment Service and We cannot and do not warrant that Your Eligible Suppliers will complete the transactions.
We will take reasonable steps to secure the Site and Your User Account. However, You agree to use the Site and Payment Service at Your own risk. We do not guarantee continuous, uninterrupted or secure access to any part of the Site or Payment Service. We will not be liable for any delay or failure in the provision of the Payment Service. You acknowledge that Your access to the Site and Payment Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
We will use reasonable commercial efforts to ensure that:
1. Your Payment Instructions are processed in a timely manner;
2. information contained in correspondence, reports, on the Site and given verbally by Our directors, officers and staff is accurate to the best of Our belief at the time the information is provided. However, We cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by You. You must check all correspondence carefully and tell Us as soon as possible if information provided by Us includes something which appears to You to be wrong or not made in accordance with Your instructions.
You acknowledge that We do not provide any warranty in relation to the Rewards and other benefits, if any, that may accrue to You from making Eligible Payments. You acknowledge that the existence or extent of Rewards and other benefits (including but not limited to reward points or interest free days) from making Eligible Payments will depend on the terms and conditions upon which the Reward or benefit is issued to You - please refer to Appendix 1 for further details.

13. Indemnification and Limitation of Liability

To the maximum extent permitted by law, We exclude all liability, whether arising in contract, tort (including negligence), statute, equity or otherwise, for any incidental, indirect, speculative, consequential, special, punitive or exemplary damages of any kind and any loss of profits, contracts, revenue, goodwill, savings, discounts, rewards, or data howsoever arising out of or in connection with this Agreement and Your use of the Site, and Payment Service.
Our aggregate liability under this Agreement for all events giving rise to liability, whether arising in contract, tort (including negligence), statute, equity or otherwise, shall not exceed the total Fees paid by You to Us in the 12 months immediately preceding the event giving rise to liability, provided that this limitation shall not apply to Our liability:
1. resulting from Our fraud, intentional misrepresentation, wilful or reckless misconduct;
2. for death or personal injury resulting from Our negligence; or
3. to the extent such limitation or exclusion is not permitted by applicable law.
Nothing in this Agreement shall limit Your rights under the Australian Consumer Law.
You release, indemnify and hold Us, Our agents, officers, employees and Third Party Providers (Indemnified Parties) harmless from and against all claims, liabilities, losses, costs and expenses, including legal fees (on a full indemnity basis) arising or alleged to have arisen from or in connection with:
1. breach of Your obligations under this Agreement;
2. Your wilful, reckless, fraudulent, negligent or unlawful acts of omissions in connection with Your use of the Site and Payment Service;
3. use of Your User Account or User Access Code by anyone other than You;
4. breach of any obligations You or Your ABN Holder owe to Your Eligible Suppliers;
5. any Payment made by Us in accordance with the Agreement and Your Payment Instruction, including but not limited to a Payment made using inaccurate information in Your Payment Instruction;
6. the goods and services supplied by Your Eligible Suppliers to whom We have made a Payment in accordance with your Payment Instruction, including any failure of or delay in supply, defects or other dispute in relation to such goods and services;
7. breach of Your obligations to AMEX; or
8. any refund, reversal or chargeback You claim from AMEX in breach of clause 8b; or
9. any claim brought against any of the Indemnified Parties by Your ABN Holder or Your Eligible Suppliers or any other third party in connection with this Agreement, including but not limited to any claim for late payment fees, tax or other penalties.
Your obligations to release and indemnify under clause 13d are reduced to the extent that any claim, liability, loss, cost or expense arises from Our fraud, intentional misrepresentation or wilful or reckless misconduct.

14. Acceptable Use

Subject to the prohibitions in clause 15, You may only use the Payment Service to make bona fide Payments to Your Eligible Suppliers in relation to goods and services received in the general course of conducting the business of Your ABN Holder.
You are independently responsible for complying with all applicable laws in all of Your actions related to Your use of Our Payment Service, regardless of the purpose of the use.
You are responsible for ensuring appropriate security measures are in place to avoid any harm or damage to Your own hardware and software, including harm or damage which might arise as a result of content available through the Payment Service.

15. Prohibited Use

You must not use the Site or Payment Service for activities that:
1. violate any law, statute, ordinance or regulation (for example, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination, false advertising, privacy, defamation or intellectual property);
2. relate to sale or purchase of illegal goods and services or goods and services identified by government agencies as having a high likelihood of being fraudulent, including narcotics, steroids, certain controlled substances, drug paraphernalia;
3. items that encourage, promote, facilitate or instruct others to engage in illegal activity;
4. items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, items that infringe or violate any copyright, trademark, right of publicity or privacy, ammunition or firearms;
5. relate to transactions that disclose the personal information of third parties in violation of applicable law;
6. support pyramid or ponzi schemes, are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
7. violate applicable laws regarding the sale of tobacco products, prescription drugs and devices; or
8. involve gambling or gaming or lottery contracts.
You are not allowed to use Our Payment Service to make payments to any suppliers in the following industries:
1. Foreign exchange bureaus/payment companies.
2. Debt collection – includes collection agencies, factoring companies, liquidators, bailiffs and bankruptcy lawyers.
3. Digital File Hosting (Cyberlockers) – online data hosts that provide remote storage space within a secure storage architecture. They can be referred to as online storage or cloud storage.
4. Telecommunications – including wireless, cable, satellite, wire line, internet service providers.
5. Travel – Including air travel, cruise line, car rental, and lodging.
6. Leasing merchants. A merchant that conveys land, property, or other real estate to another for a specified time in return for regular periodic payment.
7. Payment Aggregators – except to the extent the entity itself sells goods to which it has title.
8. Credit restoration services – a service that promotes to remove negative factors from a consumer’s credit report.
9. Fees pertaining to agency outside collection and bail bondsmen; licensed insolvency practitioners.
10. Investment on futures maturity of goods/services with an intention of gaining return on investment, e.g., stock market, wine futures, horse breeding, timber investment, precious metals.
11. Lottery Sales.
12. Mortgage payments – a payment which includes principal and interest paid by the borrower to lender of a home loan.
13. Condo (Real estate) down payments. Down payment for purchase of real estate / a condominium.
14. Travel tour operators – travel tour operators without membership to a travel industry bonding agency or who are not an authorised ticket agent.
15. Telemarketing – travel related. Includes merchants who telemarket travel related goods or services or other travel arrangements.
16. Cheque cashing/guarantee.
17. Cash at point of sales/cash on card – unauthorized cash disbursement provider or non-financial institution that provides cash advances.
18. Payday lenders – establishments that lend customers money at high interest rates on agreement that loan will be repaid when the borrower receives their next paycheque.
19. Person-to- person wire transfer – establishments that charge a fee to wire transfer money from one individual to another.
20. Door to door sales – exception for payment on delivery directly to the company or to the franchisee.
21. Tobacco and smokeless tobacco retailers.
22. Pharmacies – online pharmacies selling prescription drugs/products.
23. Unlawful Sale of prescription drugs.
24. Marijuana dispensaries – sellers of marijuana whether sold for recreational or medicinal purposes..
25. Multi-level Marketing / Pyramid selling.
26. Unregulated charities.
27. Political party donations.
28. Virtual Currency e.g., bitcoin
29. Gambling – exceptions for accommodation, restaurant bar or gift shop facilities within a casino complex.
30. Prostitution.
31. Internet Adult Digital Content – specifically, online digital content sites.
32. Pornography including child pornography.
33. Escort Services and Non-Licensed Massage Parlours.
The foregoing list does not limit Our right to refuse to make a Payment to a Supplier and We may, at any time and in its sole discretion, revise the above list.
Payments to related parties are prohibited. This means payments to Your own establishments or Your family members or persons and entities associated with Your ABN Holder, including subsidiaries and other entities with common directors or shareholders.
Payments which are contrived for cashflow purposes are prohibited, including but not limited to payments for goods and services which do not exist or which are not actually supplied.

16. Privacy

We are committed to Your privacy. We will ensure that all information that we collect, record, handle and disclose about You adheres to the Privacy Act 1988, the Privacy Principles and Our Privacy Policy Statement.
You may download a copy of Our Privacy Policy Statement at https://www.rewardpay.com.au/privacy.
If You disclose any personal information about anyone to Us, You warrant that You have received the relevant individual’s consent to:
1. disclose that information to Us; and
2. use, disclosure and handling of that information by Us in accordance with Our Privacy Policy.

17. Content on the Site and Payment Service

All content on the Site and Payment Service, which for the avoidance of doubt includes any trade marks, copyright works, branding, logos, artwork and designs, is owned by or licenced to Us and is protected by Australian and international intellectual property laws.
You are authorised to use the Site and Payment Service in accordance with this Agreement, but You are not otherwise granted any rights in respect of the content or intellectual property forming part of the Site or Payment Service.

18. Termination

This Agreement and Your User Account may be terminated at any time and without providing notice to You.
Upon termination of this Agreement You agree to the following:
1. You must pay all Fees owing to Us at the date of termination.
2. You must reimburse Us in relation to any payment to Your Eligible Suppliers that We have made on behalf of Your ABN Holder, but for which We have not been paid in cleared funds.
3. You agree that We will charge Your Card for any amounts owing to Us, including those outstanding amounts referenced in clauses 18(b)(i) and (ii) at the date of termination.
4. Any Payments Instructions submitted by You to be made to Your Eligible Supplier that have not yet been paid by Us at the date of termination will not be paid to that Supplier. Where Your Card has been charged for such transaction and We have received funds from AMEX, You will be refunded the Payment Amount received by Us, including any Fees paid, less any other amounts owing to Us either as part of this Agreement or any other dealings You may have had with Us.
5. All obligations of a continuing nature will survive termination or expiry of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
Upon termination of this Agreement We will destroy or permanently de-identify Your Personal Information.

19. Notices

This Agreement and any other agreements, notices or other communications regarding Your User Account and/or Your use of Our Payment Service may be provided to You electronically. You agree to receive all communications from Us in electronic form. Communications will be posted on our website and/or sent to Your primary email address.
Notices to Us should be given by mail to:
RewardPay Pty Limited, 13/60 Castlereagh St, Sydney, NSW, 2000 or by sending an email to support@rewardpay.com.au. Notices are deemed as given when the email enters the server of Your email address. Alternatively, if We give You notice by mail to the address that You have provided to Us, notice shall be deemed given 3 business days after the date of mailing.

20. General

We may alter the terms of this Agreement by posting the new terms on the Site. This will not affect any rights or obligations that You already have, but You will be bound by the new terms when You next access the Site or Payment Service or enter into subsequent transactions. Your continued use of Our Site and Payment Service constitutes Your acceptance of the amended terms and conditions.
This Agreement shall be interpreted in accordance with the laws of New South Wales and You submit to the exclusive jurisdiction of the courts of New South Wales.
You must not assign, novate, subcontract or transfer any rights or obligations of this Agreement, in whole or in part, by operation of law or otherwise, without Our prior written consent which will not be unreasonably withheld. We may assign, novate or transfer any rights or obligations which arise under this Agreement. Except as otherwise specified herein, this Agreement binds the parties and their respective successors and their permitted assigns.
A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof. No waiver of any term of this Agreement will be effective unless it is in writing and signed by Us.
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond Our reasonable control, including but not limited to acts of God, war, strikes or labour disputes, power, communications, network or satellite failures, embargoes, government orders, pandemic or epidemic.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.

21. Definitions

ABN Holder means the entity which is the registered holder of the Australian Business Number which is associated with Your User Account.

Agreement means this document, including all other appendices and schedules.

AMEX means American Express Australia Limited (ABN 92108 952 085) its related companies and licensees that issue the Card or participate in the Card Service.

BPAY means the electronic payment scheme called “BPAY” operated in cooperation with Australian financial institutions, which enables consumers to effect bill payments to billers who participate in BPAY, by payment methods as approved by payer institutions from time to time.

Card means the AMEX credit card or any other device or instrument issued by AMEX and associated with Your User Account that enables You to make transactions and includes any renewal, replacement or additional cards or other devices or instruments.

Card Authorised Payments means all Payment Amounts authorised by You that are pending distribution to Your Eligible Supplier.

Cardholder Name means the name located on the front of Your AMEX Card.

Card Numbermeans the unique number located on the front of Your AMEX Card.

Card Expiry Date means the four-digit expiry date (month and year) located on the front of Your AMEX Card.

Card Security Number means the four-digit number located on the upper right front section of Your AMEX Card.

Eligible Payments means Payments processed through Our Payment Service with Your AMEX Card.

Eligible Supplier has the meaning given to that term in clause 5b.

Fees means charges levied by Us as a percentage of the total Payment Amount authorised by You to be paid to Your Eligible Supplier, and in relation to Your use of Our Payment Service.

Supplier means the supplier, person or entity that You have elected to make Payment to using Our Payment Service.

Payment means, for each Payment Instruction, the Payment Amount which is paid, or to be paid, by Us to Your Eligible Supplier on behalf of Your ABN Holder in accordance with that Payment Instruction.

Payment Amount means the amount that You have authorised to be paid to Us using Your Card (exclusive of Our Fees), which is then paid by Us to Your Eligible Supplier.

Payment Date means, in respect of a Payment Instruction, the date that instruction is submitted to Us through Your User Account (authenticated by Your User Access Code), provided that for a Scheduled Payment Instruction, the Payment Date is the future date specified in that instruction and for a Recurring Payment Instruction, each payment is treated as a separate Payment Instruction, with the applicable Payment Date being the next scheduled date in the recurring payment schedule.

Payment Instruction means an instruction for Payment submitted through Your User Account (authenticated by Your User Access Code) and which includes the information specified in clause 5d. A Payment Instruction is submitted to Us when you click the “Complete” button on Our ‘Pay and Complete’ page.

Payment Page means the page located on the Site that lists all Payment Instructions submitted from Your User Account and pending payment to Your Eligible Suppliers.

Payment Service means the service provided by Us pursuant to which We, in accordance with your Payment Instructions, make Payments on behalf of Your ABN Holder by:

charging those payments, together with Our Fees to Your Card;
making Payment to Your Eligible Supplier; and
issuing an invoice in Our name to Your ABN Holder.

Recurring Payment Instruction means a Payment Instruction for a recurring Payment to be made at regular intervals (e.g., weekly, monthly, annually).

Rewards means AMEX reward points and other rewards which We offer from time to time as further detailed in Appendix 1.

Scheduled Payment Instruction means a Payment Instruction for a single Payment to be made at a specified future date.

Site means the website https://secure.rewardpay.com.au/

Third Party Provider means AMEX and any person who is not a party to this Agreement but whose goods or services We utilise in order to provide the Site and Payment Service to You.

User Access Code means Your unique code which is linked to Your User Account and enables You to log on to Our Payment Service.

User Account means an account set up by You and registered by Us which enables You to access Our Payment Service (authenticated by Your User Access Code) to issue Payment Instructions to Us for the Payment of Payment Amounts to Your Eligible Suppliers in accordance with those instructions.

You and Your means the AMEX card member who uses Our Payment Service.

Appendix 1 – Rewards

AMEX Membership Rewards AMEX Membership Rewards is a rewards and loyalty program operated by AMEX.
Your entitlement to accrue AMEX reward points for Eligible Payments will be determined in accordance with this Agreement and Your agreement with AMEX.
For the purpose of AMEX Membership Rewards, Eligible Payments excludes failed, disputed, cancelled or subsequently refunded or recalled Payments.

Qantas Business Rewards Qantas Business Rewards is a rewards and loyalty program operated by Qantas Airways Limited ABN 16 009 661 901 (Qantas). Members of the Qantas Business Rewards Program that purchase specified goods and/or services will earn Qantas Points which may be redeemed in accordance with the Qantas Business Rewards Program Terms (www.qantasbusinessrewards.com).
We are a Program Partner of Qantas Business Rewards and You can earn Qantas Points by using Our Payment Service as follows:

earn 1 Qantas Point for every $2 of an Eligible Payment charged by Us to Your AMEX Card. You pay Us a fee of 0.99% of the Eligible Payment + GST.
earn 1 Qantas Point for every $1 of an Eligible Payment charged by Us to Your AMEX Card. You pay Us a fee of 1.8% of the Eligible Payment + GST.

Your ABN Holder must be a Qantas Business Rewards Member to earn Qantas Points for business. A one-off join fee of $89.50 including GST normally applies, however this will be waived if you use this URL to link your Qantas Business Rewards Membership to Your User Account: https://www.qantas.com/au/en/business-rewards/join.html?code=PFREWAR. Qantas Business Rewards Membership and Qantas Points are subject to the Qantas Business Rewards Terms and Conditions which are available at: www.qantas.com/au/en/business-rewards/terms-and-conditions.html

Qantas Points are not automatically credited to your Qantas Business Rewards Account. To secure your Qantas Points You must:

ensure Your ABN registered with Qantas Business Rewards is saved in Your RewardPay User Account; and
select Your chosen Qantas Points option for each Eligible Payment and pay Us the applicable fee for those points.

Qantas Points earned by using Our Payment Service will be credited to Your Qantas Business Rewards Member Account within one week of an Eligible Payment being processed by Us.

Notwithstanding clause 6.2 of the Qantas Business Reward Scheme Terms and Conditions set out in Appendix 2, if an Eligible Payment is cancelled, disputed or subsequently refunded or recalled, the Qantas Points which You have elected to earn in respect of that payment will still be credited to Your Qantas Business Rewards Member Account and You will not be entitled to receive a refund of the associated fees paid to Us.
In addition to the Qantas Points detailed above, You may receive additional Bonus Qantas Points based on offers that may be detailed from time to time on the Our website or communicated separately.
These terms applicable to the Qantas Business Rewards offered by Us should be read in conjunction with the Qantas Business Reward Scheme Terms and Conditions set out in Appendix 2. Unless expressly stated otherwise, if there is any inconsistency between Our terms and the Qantas Business Reward Scheme Terms and Conditions, the latter shall prevail to the extent necessary to resolve the inconsistency or conflict,

Appendix 2 – Qantas Business Reward Scheme Terms and Conditions

TERMS AND CONDITIONS

Introduction
1.1 The terms and conditions set out in this Appendix 1 are referred to as the “Reward Scheme Terms and Conditions”.

1.2 The Reward Scheme Terms and Conditions:
1. are incorporated into and from part of Your agreement with Us when You link Your Qantas Business Rewards Account to Your RewardPay User Account;
2. apply to and govern the contractual relationship between Us (as the Program Partner) and You (as the Member) with respect to the Reward Scheme made available by Us as a participant in the Qantas Business Rewards Program;
3. are effective as at the date specified above and may be amended from time to time; and
4. operate in conjunction with the Qantas Business Rewards Program Terms and Conditions (available at www.qantasbusinessrewards.com) and in the event of any inconsistency or conflict the Qantas Business Rewards Program Terms and Conditions prevail.
1.3 The current Reward Scheme Terms and Conditions are available at www.rewardpay.com.au/terms. It is Your responsibility to read and understand all terms and conditions that apply to the Reward Scheme. Any queries regarding the Reward Scheme Terms and Conditions should be directed to RewardPay.
Definitions
2.1 Unless the context otherwise requires:
1. terms used in the Qantas Business Rewards Program Terms and Conditions and the QFF Program Terms have the same meaning in these Reward Scheme Terms and Conditions; and
2. the following terms have these meanings in these Reward Scheme Terms and Conditions.
Member means a RewardPay customer who has linked their Qantas Business Rewards Account to their RewardPay User Account.

Program Partner means RewardPay Pty Ltd ABN 92 166 007 227.

Reward Scheme means, for the purposes of these Reward Scheme Terms and Conditions, the Qantas Business Rewards program which is operated by the Program Partner.

2.2 In these QBR Terms and Conditions, unless the contrary intention appears:
1. the singular includes the plural and vice versa; and
2. a reference to ‘include’ or ‘including’ means ‘including but not limited to.
Application of Reward Scheme Terms and Conditions
By claiming any Qantas Business Rewards Benefit under the Reward Scheme, a Member agrees to be bound by these Reward Scheme Terms and Conditions in addition to the Qantas Business Rewards Program Terms and Conditions and the Program Partner’s Privacy Policy (www.rewardpay.com.au/privacypolicy).
Definitions
4.1 Subject to clause 4.2 and the Reward Scheme Terms and Conditions, the Program Partner may implement any changes (whether material or otherwise) to these Reward Scheme Terms and Conditions and the Qantas Points offered in relation to Eligible Payments, including changes to:
1. the ways in which Qantas Points are earned under the Reward Scheme;
2. Eligible Payments; and
3. restrictions, conditions and eligibility to earn Qantas Points under the Reward Scheme.
4.2 The Program Partner will inform Members of material changes to these Terms and Conditions and where such changes will reduce the number of Qantas Points offered to Members under the Reward Scheme, when possible, give Members at least 30 days’ notice.

4.3 Without limiting clause 4.1 in any way, Members will be taken to have received the notice referred to in clause 4.2 if the Program Partner or Qantas Business Rewards Program notifies Members of the change by sending an email to the email address in the Membership Account.
Termination or suspension of the Reward Scheme
5.1 The Program Partner gives no undertaking as to the continuing availability of the Reward Scheme. The Program Partner may terminate or suspend the Reward Scheme at any time and will give at least 60 days’ notice to Members of such termination or suspension, except if the Qantas Business Rewards Program ceases to operate, in which case the Reward Scheme will cease immediately.

5.2 If the Program Partner terminates or suspends the Reward Scheme, subject to the Qantas Business Rewards Program Terms and Conditions, Members will be able to transfer Qantas Points during the notice period, except where:
1. Qantas is ceasing to operate an airline business and/or has gone into liquidation, receivership or other form of administration; and/or
2. the Program Partner ceases to operate its business and/or has gone into liquidation, receivership or other form of administration prior to points being loaded to the Members Qantas Business Rewards Account,
in which case Qantas Points in Qantas Business Rewards may be cancelled without notice.
Earning Qantas Business Rewards Benefits
Crediting Qantas Points in Qantas Business Rewards
7.1 The Program Partner will endeavour to instruct Qantas Business Rewards to credit the applicable number of Qantas Points to the Membership Account within 7 days after the Member makes an Eligible Payment. It is the responsibility of the Member to check that the correct number of Qantas Points has accumulated in the Membership Account.
Suspension or termination of a Member or Qantas Points in Qantas Business Rewards
8.1 The Program Partner reserves the right to terminate a Member’s participation in the Reward Scheme or withhold or cancel Qantas Points claimed under the Reward Scheme if a Member or any of the Member’s representatives has attempted to claim Qantas Points under the Reward Scheme to which they were not entitled.

8.2 The Program Partner and Qantas Business Rewards will not be liable for any loss or damage suffered by any person as a result of such withholding or cancellation and the Member is responsible for ensuring that its nominated Qantas Points Recipients are notified of this.
1. Qantas is ceasing to operate an airline business and/or has gone into liquidation, receivership or other form of administration; and/or
2. the Program Partner ceases to operate its business and/or has gone into liquidation, receivership or other form of administration prior to points being loaded to the Members Qantas Business Rewards Account,
in which case Qantas Points in Qantas Business Rewards may be cancelled without notice.
Personal Information
Any personal information received by the Program Partner as a result of operation of the Reward Scheme will be subject to the Program Partner’s terms and conditions and Privacy Policy.
Taxation Implications
10.1 The Program Partner recommends that Members and their nominated Qantas Points Recipients consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to their earning and use of Qantas Points under the Reward Scheme.

10.2 Each Member acknowledges and agrees that the Program Partner and Qantas will not be responsible and shall not have any liability for any tax or fringe benefits tax or other tax arising from a Member’s participation in the Qantas Business Rewards Program or receipt of Qantas Business Rewards Benefits.
Limitation of liability
11.1 Member acknowledges and agrees that:
1. Qantas (and not the Program Partner) is responsible for performance of the Qantas Business Rewards Program, including provision of any Qantas Business Rewards Benefits to which Member is entitled; and
2. subject to the Program Partner’s compliance with these Reward Scheme Terms and Conditions, the Program Partner shall have no liability whatsoever to any Member for any loss or damage that a Member suffers as a result of any representation, act or omission of Qantas (or any of its associated or related entities or their respective employees, contractors, suppliers, partners, agents or service providers) in connection with the Qantas Business Rewards Program and the Qantas Business Rewards Benefits, including any loss or damage a Member suffers as a result of any changes which Qantas makes to the Qantas Business Rewards Program, Qantas Business Rewards Benefits or the associated Qantas Business Rewards Program Terms and Conditions.

RewardPay Earn Table


Qantas Business Rewards Benefit Earn Rate	Members will earn 1 Qantas Point for every $2 of an Eligible Payment charged by RewardPay to the Member’s AMEX Card. Member pays RewardPay a fee of 0.99% of the Eligible Payment + GST.