Terms of Service

September 2023

1. Your Agreement

1.1  These Terms of Service apply to products and services provided by Press Pay AUS Pty Limited (ACN 648 761 773) and our related businesses (PressPay, we, us and our).

1.2  These Terms of Service form part of the Agreement between the customer (you, your) and PressPay. They govern how we provide services as well as your access and use of the following:

(a) Providing you with early access to your wages (PressPay Advance)

(b) Offering you the ability to purchase Digital Store Cards (PressPay Shop)

(c) Helping you improve your financial awareness (PressPay Learn)

By using our services, you agree to be bound by these Terms of Service. You must carefully read and ensure you understand these and contact us with any questions before you use our services. You can contact us at support@presspay.com.au.

Within these Terms of Service, capitalised words have a special meaning. These words are defined under clause 2.

2. Definitions

Within this document, the following definitions apply:

Account: means your PressPay account from which you may access our Services.

Agreement: means the agreement comprising of these Terms of Service and the Withdrawal Receipt, which constitute the legally binding arrangement between you and PressPay.

Balance: refers to the AUD denominated value available in your Account at any point in time for you to access via our Services.

Customer Dashboard: means the Account dashboard accessible by you on PressPay’s website or app.

Credit Related Information: includes information such as your identity and the credit that may have been provided to you which could include: the type of credit, maximum amount, current balances, repayment history information, financial hardship information (including information that any repayments are affected by a financial hardship arrangement), default information (including overdue payments), payment information, new arrangement information, details of any serious credit infringements, court proceedings information, personal insolvency information, and publicly available information as recorded by a CRB.

Credit Reporting Body (CRB): is a credit reporting organisation that holds credit related information about you, which may be one or more of the following entities: illion Australia Pty Limited (www.illion.com.au), Equifax Pty Limited (www.equifax.com.au), or Experian Australia Pty Limited (www.experian.com.au).

Digital Store Card: means a prepaid unique card code with an expiry date and a personal identification number delivered to you by email, which may be used to make purchases online or in-store with a Retailer.

Earned Wages: means income that you receive from your employer, as disclosed to PressPay from time to time.

Outstanding Balance: means the balance of your Account to be repaid to PressPay by the Repayment Date.

Pay Cycle: means the regular cycle by which you receive your Earned Wages (for example, weekly, fortnightly, or monthly).

Repayment Date: means the date the Outstanding Balance is due to be paid to PressPay.

IMPORTANT: Each Repayment Date will coincide with your Pay Cycle, and will never exceed a date which is more than 62 days from the Withdrawal Date. For example, if you receive your pay each week on a Wednesday, the Outstanding Balance incurred in that week is payable on the next Wednesday.

Request: means a request submitted to PressPay in the prescribed form to receive a Withdrawal Amount.

Retailer: means the third-party product and service providers who provide and with whom you may redeem your Digital Store Cards.

Services: means any one of the services provided to you by PressPay, including PressPay Advance, PressPay Shop and PressPay Learn.

Transaction History: means your bank account transaction information, which may be accessed by PressPay or its third party service providers from time to time.

Withdrawal Amount: means the amount or value of a Digital Store Card disbursed to you by PressPay once a Request is fulfilled.

Withdrawal Date: means the date PressPay advances you the Withdrawal Amount or Digital Store Card.

Withdrawal Fee: means the fee charged to you on the Withdrawal Date, and to be repaid on the Repayment Date. For PressPay Advance, the Withdrawal Fee is 5% of the Withdrawal Amount. For PressPay Shop, the Withdrawal Fee ranges from 0% to a maximum of 5% of the Withdrawal Amount, and the exact Withdrawal Fee for each Request will be displayed on the Customer Dashboard.

Withdrawal Receipt: means the receipt provided to you by email, outlining the particulars of a Request.

3. Your rights and responsibilities

By accepting these Terms of Service you agree to:

(a) Only have one Account at any given time. Should you believe you have more than one Account, please contact support@presspay.com.au for assistance;

(b) Access and use our Services in a manner that is lawful and without wilful misconduct;

(c) Behave in a courteous and respectful manner to our staff and our associates;

(d) Be honest and truthful in your dealings with us and act in good faith;

(e) Ensure all Account details are true and correct, including your full name, date of birth, email, and phone number;

(f) Update your Account details should they change by contacting the customer support team or using the Customer Dashboard;

(g) Ensure that you are the sole legal owner of the bank account details you provide to us;

(h) Ensure you set strong passwords, log out of your online account when no longer in use and not leave your account or information exposed or vulnerable to abuse; and

(i) Notify us promptly by contacting support@presspay.com.au if you suspect any unauthorised activity, access or use of your Account and our Services.

Should you fail to observe your rights and responsibilities at any time, we reserve the right to terminate your access to our Services.

4. Account registration

(a) To use our Services, you will need to complete a registration process and provide information that will be managed in accordance with our Privacy Policy.

(b) We will notify you if your Account registration is successful and your Account is active for use.

5. Eligibility

To be eligible to use our Services, you must meet the following criteria:

(a) You are over 18 years of age;

(b) You are an Australian citizen or permanent resident;

(c) You earn a regular income and, as far are you are aware, are likely to continue to do so;

(d) Your Earned Wages are paid into an Australian transactional bank account which is solely in your name;

(e) You are not solely reliant upon Government payments or benefits;

(f) You hold a valid and current form of identification in the form of a Medicare Card, Australian Driver’s Licence, or an Australian Passport;

(g) You meet our identification and assessment criteria;

(h) You continue to meet our ongoing assessment requirements;

(i) You have ownership of a valid mobile phone number and email address;

(j) You do not already have an Account; and

(k) You have not filed for bankruptcy and/or you do not have a Letter of Authority against your name to manage any outstanding debt.

5.1  Access to our Services is subject to our sole discretion. Acting reasonably, we may refuse to register an Account or fulfil a Request at any time.

6. Your Balance

6.1  Acting reasonably, we may increase, decrease, limit or restrict access to your Balance.

6.2  You may check your available Balance by sending an SMS text message to the number listed on our website or by logging into your Customer Dashboard.

6.3  After a Request is fulfilled, the Balance will decrease by the Withdrawal Amount. You should not attempt to Request any funds which exceed your Balance.

6.4  We may impose a minimum and/or maximum transaction amount to your Account and will ensure any limits are clearly advised to you promptly after they are made.

7. Your income

7.1  When using our Services, you confirm that you have a regular income and do not anticipate your employment or income to change materially in the near future.

7.2  You must notify us promptly if you experience material changes to your employment or income, so we can review your Account accordingly.

7.3  Material changes to your employment or income include but are not limited to:

(a) Any material reduction in hours worked;

(b) Termination of employment;

(c) Commencing extended leave; or

(d) Any other leave entitlement which may negatively impact your Earned Wages.

8. Requests

8.1  You may make a Request to draw on your available Balance, at any time, subject to clause 8.2.

8.2  If your Request is fulfilled by PressPay, you will receive the Withdrawal Amount or Digital Store Card as soon as reasonably practicable.

8.3  You must not make a Request if you are in arrears on your Account, and if you do, the Request may be declined.

8.4  When making a Request, the Withdrawal Amount must be below or equal to your available Balance. If the Withdrawal Amount is above your available Balance, we may remit funds equal to your available Balance.

8.5  Any Requests and withdrawals on your Account within each Pay Cycle constitutes a single advance of credit, which is to be repaid by the Repayment Date, before any further Request may be made by you.

8.6  Requests are subject to our ongoing assessment requirements, and PressPay reserves the right to refuse a Request at any time.

8.7  For PressPay Advance the Withdrawal Amount will be transferred to the same bank account where your Earned Wages are deposited unless otherwise approved by us.

9. Repayments

9.1  By making a Request, you agree to repay the Withdrawal Amount and Withdrawal Fee by the Repayment Date. This date will be presented to you when you make a Request and will not exceed 62 days from the Withdrawal Date.

9.2  You will be notified of the Withdrawal Fee by email on the Withdrawal Date.

9.3  You must provide us with a valid and enforceable direct debit authority to debit your repayments and any amounts payable by you (including fees and charges) from an account approved by us. You must ensure that your account always has sufficient funds to meet your repayment obligations. You must not cancel the direct debit authority or close your bank account without making alternate arrangements with us. We may debit your account for any amount due to us at any time.

9.4  If any repayment is dishonoured, the repayment will be treated as not having been made. If an attempted direct debit fails, we may make reasonable further attempts to direct debit your account until the direct debit is successful.

9.5  Repayments are from your net after-tax Earned Wages and do not constitute a salary sacrifice.

9.6  If the Repayment Date falls on a non-Business Day in NSW, we may collect the repayment on an alternative day.

9.7  Repayments will be credited when they are actually received by us and will be applied to your Account as determined by us. All payments must be made in full, without any deduction, set-off or counterclaim.

9.8  If we only receive partial repayment, PressPay may allocate this amount to any amount that you owe us, acting reasonably. PressPay may continue to debit your Account in accordance with the Direct Debit Authority until the Outstanding Balance is repaid.

9.9  If you fail to repay the Outstanding Balance owing on your Account by the Repayment Date, your Account will be overdue and in arrears. We do not charge interest on any overdue amounts.

9.10  Interest will not accrue on any over-payment and PressPay will use its best endeavours to return over-payments to your nominated bank account within a reasonable time frame.

9.11  You may repay your Outstanding Balance before the Repayment Date. No fees will apply.

10. Failure to repay

10.1  If your Outstanding Balance is overdue on your Account, PressPay, acting reasonably, may take any of the following actions:

(a) Collect repayment of any Outstanding Balance including fees owing on an alternative date and or split the amount owing into smaller instalments;

(b) Limit the number of occasions where you will be permitted to defer your repayments subject to any financial assistance we may provide; and

(c) Engage third parties to assist us in the collection of any overdue Outstanding Balance on your Account and if we decide to do so, may sell the rights to collect that outstanding amount in full or in part.

11. Access to your bank accounts

11.1  In order to offer our Services, we use third-party digital access technologies to establish an active connection to securely access your Transaction History from one or more of your bank accounts. This allows us to quickly verify your income and expenses and assess your eligibility for our Services.

11.2  You confirm that you have provided true, accurate, current and complete information about yourself and your bank accounts and you have not misrepresented your identity or your account information.

11.3  We may access your Transaction History at any time while you are using our Services. We will access your Transaction History going back for a period of at least 180 days from the date we access your Transaction History.

11.4  We may use your Transaction History to assess your creditworthiness and for ongoing Account management (including verification of account information), and if you are in default.

11.5  Allowing us to review your Transaction History is at your sole risk. We are only able to review your Transaction History on an ‘as is’ and ‘as available basis’ as it is made available to us by service providers. It may not be available to us from time to time.

11.6  PressPay uses illion Open Data Solutions Pty Ltd (ACN 166 277 845), a third-party industry-leading encryption and security solution to protect the access to your Transaction History, and we will only access the information required to assess your eligibility for our Services.

12. Credit assessment and reporting

(a) Upon registration and on an ongoing basis, PressPay performs credit risk and other assessments based on your income, expenses and various conduct and behaviour criteria, which may evolve and vary over time.

(b) PressPay does not perform a credit check against your credit file with a CRB when you register for an Account and our assessments do not impact your credit score.

(c) In the event where you are in default of your Account (this means: you are overdue for more than 60 days on your repayment obligations to PressPay and the amount owing is $150 or more), PressPay reserves the right to report your overdue Outstanding Balance as a default listing on your credit-related information with a CRB after serving you with the required notices in accordance with the applicable laws and regulations.

13. Financial assistance

We’re here to help, so if your circumstances have changed and you are struggling to make your repayments, please read our financial assistance policy and get in touch with our customer support team at support@presspay.com.au as soon as possible.

14. Suspension or termination of account

Acting reasonably, PressPay reserves the right to suspend or terminate your Account should:

(a) We consider a breach of these Terms of Service has occurred;

(b) You contravene any laws or regulations in using our Services;

(c) You use our Services in an inappropriate manner or not for their reasonably intended purpose;

(d) We receive a letter of bankruptcy or authority to act on your behalf for any
Outstanding Balance; or

(e) Your Account be in arrears for a significant period of time, and/or be transferred or sold to our third-party providers for collection of your Outstanding Balance.

14.2  If we determine it is necessary to suspend your access to or use of our Services or terminate your Account for any of the reasons above, we will provide you with a written notice.

14.3  We may also suspend or cancel your Account if we are unable to contact you or if you do not use your Account for 180 days.

14.4  If there is an Outstanding Balance on your Account at the time of termination by either party, you are still obliged to repay us.

14.5  You may terminate your Agreement with us at any time. Termination must be provided in writing by contacting support@presspay.com.au.

15. PressPay Advance

15.1  PressPay Advance is designed to provide individuals that are employees earning a regular income with advance access to a portion of their income as a cash transfer to their bank account.

15.2  Fees and charges

(a) PressPay charges a Withdrawal Fee which is added in addition to each Withdrawal Amount. This fee is clearly communicated to you on our website and sent to you by email on confirmation of your withdrawal request.

(b) PressPay does not charge any interest on any amount requested.

15.3  Remittance

(a) When a Request is fulfilled by us, we will remit the Withdrawal Amount to the same linked bank account to which you receive your Earned Wages.

(b) The remitted value is subject to our reasonable discretion.

(c) Upon receiving your Request, we will remit funds to you as quickly as reasonably possible.

(d) Where possible, the Withdrawal Amount will be remitted to you via the New Payment Platform, enabling the near real-time transfer of funds to your Account once processed by us.

(e) While we make reasonable efforts to minimise the time taken for you to receive funds from us, we are bound by the limitations of third-party financial institutions.

16. PressPay Shop

16.1  PressPay Shop provides you with the ability to use the available Balance on your Account to purchase Digital Store Cards which may be used online and/or at the Retailers store.

When purchasing a Digital Store Card, it is important that you read, understand and accept the terms and conditions of the relevant Retailer for that Digital Store Card prior to completing the purchase for each Digital Store Card.

A link or copy of the Retailers’ Digital Store Cards terms and conditions will be provided to you for review prior to the fulfilment of your Request, and will also be sent to you by email on completion of your successful purchase.

16.2  Your Digital Store Card

(a) You will need to have an available Balance on your Account and select an amount up to that available Balance when purchasing a Digital Store Card.

(b) PressPay has relationships with Retailers and other third parties for the provision of Digital Store Cards which it makes available to you for purchase through your Account.

(c) PressPay may receive a commission or payment from the Retailer or third party when you purchase a Digital Store Card using your Account. Any commission or payment received by PressPay is not payable by you.

16.3  Use of your Digital Store Card

(a) Your Digital Store Card can be redeemed for goods and services from the Retailers stores up to the value loaded onto your Digital Store Card.

(b) There may be some exclusions on how and where the Digital Store Card may be redeemed with each Retailer which will be outlined in the relevant Retailer terms and conditions.

(c) Digital Store Cards are non-reloadable.

(d) We are not responsible for and do not provide any warranty for the provision of services associated with the Digital Store Cards purchased.

(e) To check the available balance or seek customer support relating to your Digital Store Card, you will need to contact the Retailer and refer to their terms and conditions.

16.4  Expiry Date

(a) Digital Store Cards may have an expiry date which means the value purchased must be used before this date.

(a) You will be notified of the expiry date of your Digital Store Card on or before the Withdrawal Date.

(b) Once your Digital Store Card has reached its expiry date, any unspent value cannot be used or redeemed by you.

16.5  Lost, stolen, or unused cards and refunds

(a) Neither PressPay or any Retailer will be responsible or obliged to replace any Digital Store Cards which are lost, stolen or not used.

(b) Once purchased, Digital Store Cards are non-refundable and cannot be redeemed for cash.

16.6  Liability

(a) You are responsible for the use and safety of your Digital Store Card and are liable for all transactions made on your Digital Store Card.

(b) We are not liable to you for any loss or damage (whether direct, indirect,
consequential or special) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with a Digital Store Card, these Terms of Service or your use of the website, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in the Website except where such losses arise from the mistake, error, fraud, negligence or wilful misconduct of PressPay, its employees or a receiver it appoints.

17. PressPay Learn

17.1  The purpose of PressPay Learn is to help you become more financially aware of your personal circumstances and provide you with helpful information which may assist you in your day-to-day life. This service is provided to you through our website, and we may also communicate with you via other digital means if you have an Account and are subscribed to receiving these communications. You may choose to opt out of receiving these communications or elect not to use this service at any time.

17.2  Fees and charges PressPay Learn is provided as a service free of charge.

17.3  No advice PressPay Learn does not provide any advice and the information provided is general in nature and does not consider your personal needs, financial circumstances or objectives. You need to consider whether any information provided is right for you before making a decision.

18. General

18.1  Service outage

From time to time our Services may be impacted. This includes both our system and third-party providers.

Reasons may include:

(a) Any updates, maintenance or repairs that are required on occasion.

(b) Network and or system failure.

(c) Software or hardware malfunction.

(d) Emergencies such as natural disasters.

Where possible, we will notify you in advance via email, however, this may not always be possible. If we are unable to notify you before the interruption then we will do so as soon as reasonably practicable.

18.2  Intellectual Property (IP)

(a) The services provided by PressPay contain IP rights owned by PressPay.

(b) You agree that all ownership, title, intellectual property right, and any other rights and interest in and to IP and the Services remain the exclusive property of PressPay.

(c) This includes but is not limited to any suggestions, ideas, feedback, and enhancement requests.

18.3  Warranties

You warrant to PressPay that:

(a) You will not allow another person to use our Services under your personal details.

(b) You have made your own enquiries about whether using our Services is appropriate for you and your own financial circumstances.

(c) You use the Services offered by us at your own risk. Services are provided on an ‘as is’ and ‘as available’ basis.

(d) You will not reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of PressPay, use of PressPay, or access to our Services without our express written permission.

To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement.

18.4  Indemnity

You will hold harmless, indemnify, and defend us against any loss, cost, liability or damage whether directly or indirectly related to PressPay to the fullest extent permitted by law except where such losses arise from the mistake, error, fraud, negligence or wilful misconduct of PressPay, its employees or a receiver it appoints.

18.5  Anti-Money Laundering (AML) and identification

(a) To meet AML and any other regulatory requirements we may be required to verify your identity and monitor your interaction with PressPay.

(b) We may take any action (or inaction) that we deem necessary to comply with relevant Anti-Money Laundering/Counter-Terrorism Financing legislation.

(c) You must provide us with any documentation or information requested by us to enable us to comply with relevant laws and regulations in Australia.

(d) We may disclose information about you and your use of our Services for any regulatory or legal purpose.

(e) You give consent for PressPay to disclose your name, residential address, date of birth or any other personal information which may be required to verify your identity (to ensure we know who you are), which may include checking with the document issuer or official record holder via third party systems.

18.6  Changes and Assignment

(a) Acting reasonably, we may modify, add, or remove any terms or conditions of these Terms of Service without notice. Subject to clause 18.6(b), any changes will be posted on our website and will take effect immediately.

(b) We will notify you at least 10 days before any changes which materially affect your obligations under these Terms of Service take effect. If you do not accept any amendments to these Terms of Service you may terminate your Account and repay your Outstanding Balance. You will not be charged any fees if you repay your Outstanding Balance before the Repayment Date.

(c) By continuing to use our Services, you accept these Terms of Service as amended from time to time.

(d) We may at any time assign, novate or otherwise deal with our rights and obligations under the Agreement in any way we wish. You must sign anything and do anything we reasonably require to enable any dealing with the Agreement. Any dealing with our rights does not change your obligations under the Agreement in any way.

(e) You cannot assign or otherwise deal with your rights or obligations under the
Agreement. We may disclose information about you and the Agreement to any person involved in an actual or proposed assignment, novation or dealing by us with our rights under the Agreement.

18.7  Jurisdiction

(a) The Agreement is governed by the laws of New South Wales, Australia.

(b) If any term or provision in these Terms of Service is considered unenforceable or breaches any regulation, it will be treated as severable and will not affect any remaining provisions.

(c) Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

18.8  Notices

Subject to any applicable laws, any communications, originating process, court document or other document to be given or served under or in connection with the Agreement may be:

(a) Delivered personally to you;

(b) Posted to or left at your residential or business address last known to us;

(c) Sent by electronic means to your electronic address last known to us; or

(d) Given in any other way permitted by law