Terms of use

Updated January 2021

INTRODUCTION

Press Pay AUS Pty Limited (‘Press Pay’, ‘We’, ‘Us’, ‘Our’) offers Earnings on Demand. We enable you to receive a proportion of your accrued earnings when needed. 

These terms and conditions constitute an agreement between you and Press Pay. They govern how We provide Services as well as your access and use of Services. By using Services, you agree to be bound by the terms and conditions outlined in this agreement.

2. EARNINGS ON DEMAND

Earnings on Demand pays you a proportion of your income instantly. We are then reimbursed the funds paid to you, plus a fee at the Reimbursement Date. We rely on you to accurately tell us the value you earn as well as the frequency of your income.

You must repay any funds sent to you in full on the Reimbursement Date by way of a direct debit.

3. DEFINITIONS

Within this document, the following definitions apply:

Balance” refers to the value of Earned Wages that you may access via Earnings on Demand.

Earned Wages” means income that you are likely to receive. This will be determined by Press Pay based on information you provide.

“Earnings on Demand” means one of the Services provided by Press Pay.

“Reimbursement Date” means, unless otherwise agreed, the date on which you expect to receive your regular income. This is the date suggested by you. Press Pay may change this date at its sole discretion. You will be notified of any changes before Press Pay fulfills a Request. 

Request” means a request submitted to Press Pay to receive some or all of your Balance. Submission may be via any reasonable method  which may include but is not limited to text message, online form, email, phone call.

“Service” means the Earnings on Demand product offered by Press Pay or any other product or interaction Press Pay enables.

we”, “us”, “our”, “Press Pay” means Press Pay AUS Pty Limited (ABN 22 648 761 773). 

you” or “your” refers to you as an employee using the Service.

4. ACCOUNT REGISTRATION

    1. To use our Services, you will need to complete a registration process. You will be asked to provide some information that will be managed in accordance with our Privacy Policy.

5. ELIGIBILITY

    1. You are only eligible to use Services if:
      1. You are over 18 years of age.
      2. You have completed an account registration.
      3. You have not been refused from using the platform.
      4. You are expecting regular Earned Wages in the future.
      5. Your Earned Wages are paid into an Australian bank account.
      6. You hold a valid and current form of identification of either Medicare Card, Australian Drivers License or an Australian Passport.
      7. You meet the Identification and Assessment Criteria.
      8. That you are successfully registered
        1. For a successful registration, we will have completed any reviews to the extent we see necessary. We will notify you of your successful registration.

6. YOUR BALANCE

    1. Press Pay may limit your Balance at their sole discretion.
    2. You may check your Balance by using the Service.
    3. After requesting to receive your Earned Wages, your Balance will decrease by at least the equivalent amount – this is because you will have received Earned Wages.

7. REQUESTING PAYMENTS 

    1. Upon you making a Request, we will remit the requested fund to the same bank account to which you receive regular income.
    2. The requested value must be below or equal to your Balance when making the request.
    3. If the value requested is above your Balance, we will remit funds equal to your Balance. The remitted value is at our discretion.
    4. You may request as many Requests as you like within a pay cycle.
    5. Upon receiving your Request, we will remit funds to you as quickly as reasonably possible. 
    6. Where possible, your Earned Wages will be remitted to you via the Federal Government’s New Payment Platform, enabling real time transfer of funds to your account once processed by Us.
    7. While we make reasonable efforts to minimise the time taken for you to receive funds from us, Press Pay is bound by limitations of third party financial institutions. 
    8. If you request funds after 10pm AEST, Press Pay may process your Request the follow day after 9:00am.
    9. While we endeavour to provide Services every day throughout the year, there may be certain times where there is a delay to Services – for example on public holidays.
    10. While we endeavour to provide Services to you as quickly and consistently as possible, Press Pay will not be held responsible for any loss or inconvenience incurred by you due to a delay in Services.

8. REIMBURSEMENT

    1. By making a Request, and us forwarding funds to you, you commit to repaying Press Pay plus any fees at the Reimbursement Date. This date will be presented to you when you make a Request.
    2. You enter into a standing Direct Debit Authority with Press Pay. You authorise Press Pay to deduct all reimbursements due according to the following:
      1. on the Reimbursement Date, or if not feasible;
      2. within seven days after the Reimbursement Date, or if not feasible;
      3. on the date of your next Reimbursement Date, or if not feasible;
      4. one month after the Reimbursement Date if any amount you owe Press Pay remains outstanding, or if not feasible;
      5. in accordance with clause 8.4 below.
    3. Reimbursements are from your net after-tax Pay, and is not a salary sacrifice.
    4. If we receive a part Reimbursement, Press Pay has discretion to allocate it to any amount that you owe us, in any order, acting reasonably. And we may continue to debit your account under your Direct Debit Authority until the entire balance is repaid.  
    5. Subject to any statutory right of set-off that you may have, you must make all Reimbursement owing to Press Pay in full, and must not make any set-off.
    6. If your Repayment is due on a non-Business Day in NSW, it must be paid by the next Business Day.
    7. Reimbursement are taken to be made when Press Pay receives the cleared repayment.
    8. Press Pay will not pay interest on any over-payment, and will use reasonable endeavors to return over-payments to your nominated bank account within a reasonable time frame.

9. NOTIFICATION & COMPLIANCE

    1. You must be honest and truthful in your dealings with us and commit to act in good faith.
    2. When using the Service, you confirm that you do not anticipate your income to materially change in the near future.
    3. When using the Service, you confirm that you do not anticipate your employment by your Employer materially changing in the near future. This includes but is not limited to; termination of employment, commencing parental leave, commencing long service leave or any other leave entitlement which may negatively impact your Earned Wages

10. FEES & CHARGES

    1. We charge a fee each time we fulfil a Request you make via our Service.
    2. The fee charged to you will be clearly displayed on our website

11. INDEMNITY

    1. You will hold harmless, indemnify and defend Press Pay against any loss, cost, liability or damage whether directly or indirectly related to Press Pay to the fullest extent permitted by law.
    2. Press Pay disclaims any and all express or implied warranties, guarantees or representations including but not limited to:
      1. The reliability, timelines or otherwise of any information provided with Services;
      2. the merchantability, reliability or fitness for any particular purpose for any Service.
      3. This includes but is not limited to your ability to access Services, use of Services, the provision of Services and how we manage your data.

12. CESSATION

    1. You may terminate your Agreement with us at any time without cost.
      1. Termination must be provided in writing
    2. Press Pay may terminate our Agreement with you at any time without cost.
      1. Termination must be provided in writing
    3. Termination by either party  will not affect any funds you owe us prior to termination.

13. INTELLECTUAL PROPERTY (‘IP’)

    1. The services provided by Press Pay contain IP rights owned by Press Pay.
    2. 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 Press Pay.
    3. This includes but is not limited to any suggestions, ideas, feedback and enhancement requests.

14. WARRANTIES

    1. You warrant to Press Pay that:
      1. All information provided by you is correct and complete.
      2. You will not allow another person to use Services under your personal details.
      3. You are over the age of 18 and a permanent resident of Australia.
      4. You have made your own enquiries about whether using Services is appropriate for you and your own financial circumstances.
      5. You use Services offered by Press Pay at your own risk. Services are  provided on an “as is” and “as available” basis. 
      6. You will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Press Pay, use of Press Pay, or access to Press Pay Services without our express written permission.
    2. 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.

15. PRIVACY & COMMUNICATION

    1. We may record and monitor all communications with you for the purposes of customer service, quality assurance and regulatory purposes.
    2. You acknowledge and consent to Press Pay collecting, using, disclosing and holding your personal information in accordance with our Privacy Policy.
    3. You authorise us to communicate with you through digital means such as email, mobile phone and other reasonable communication channels we deem appropriate.
    4. Third party sides. Our site may from time to time have links to other websites not owned or  controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or  endorsement or  approval of these websites. Please be aware that Press Pay is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

16. ANTI MONEY LAUNDERING (AML) & IDENTIFICATION

    1. To meet AML and any other regulatory requirements we may be required to verify your identity and monitor your interaction with Press Pay.
    2. We may take any action (or inaction) that we deem necessary to comply with Federal and State legislation.
    3. You will need to provide us with any documentation or information requested by us to enable us to comply with relevant laws and regulations in Australia or another country.
    4. We may disclose information about you and the use of Services for any regulatory or legal purpose.
    5. You give consent for Press Pay to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006.
      1. The credit reporting agency may prepare and provide Press Pay with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment.
      2. If you disagree with having your identity verified by a credit reporting agency, please contact privacy@presspay.com.au so that we can discuss other options with you.

17. CHANGES

    1. Press Pay may,  without your consent, vary these terms, introduce new fees or vary the fee charged to you. We will provide at least 10 days notice before implementing variations.
    2. If you do not agree with the changes, you may terminate your relationship with Press Pay in accordance with ‘CESSATION’ outlined in this agreement.

18. GENERAL

    1. Press Pay may assign, novate or transfer its rights or obligations without your consent.
    2. The governing law of this agreement is New South Wales, Australia.
    3. If any term or provision in this agreement is considered unenforceable or breaches any regulation, it will be treated as deleted however will not affect any remaining provisions.
    4. Our failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

Direct Debit Authority

Updated October 2020

REQUEST AND AUTHORISATION

You request and authorise Press Pay to arrange, through its own financial institution, a debit to your nominated account any amount Press Pay, has deemed payable by you. This debit or
charge will be made through the Bulk Electronic Clearing System (BECS) from
your account held at the financial institution you have nominated and will be subject to the terms and conditions
of the Direct Debit Request Service Agreement.

ACKNOWLEDGEMENT

By signing up to Press Pay, you have understood and agreed to the terms and conditions governing the debit arrangements between you and Press Pay as set out in this Direct Debit Request Service Agreement.

DIRECT DEBIT SERVICE AGREEMENT

The following is your Direct Debit Service Agreement with Press Pay (ABN: 22 646 894 706). The agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit Provider.

Definitions

  • account means the account held at your financial institution from which we are authorised to arrange for funds to be
  • agreement means this Direct Debit Request Service Agreement between you and us.
  • banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout
  • debit day means the day that payment by you to us is
  • debit payment means a particular transaction where a debit is made.
  • direct debit request means the Direct Debit Request between us and you.
  • us or we means Press Pay, (the Debit User) you have authorised by signing a direct debit request.
  • you means the user who signed up to Press Pay.
  • your financial institution means the financial institution nominated by you on the DDR at which the account is

1 Debiting your account

By signing a Direct Debit Request, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

2 Amendments by us

We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least seven (7) days’ written notice.

3 Amendments by you

You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14) days’ notification by emailing us to support@presspay.com.au or arranging it through your own financial institution.

4 Your obligations

Is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment:

  • you may be charged a fee and/or interest by your financial institution;
  • you may also incur fees or charges imposed or incurred by us; and
  • you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

You should check your account statement to verify that the amounts debited from your account are correct.

5 Dispute

If you believe that there has been an error in debiting your account, you should notify us directly on support@presspay.com.au and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up with your financial institution direct.

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

6 Accounts

You should check:

  • with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
  • your account details which you have provided to us are correct by checking them against a recent account statement; and
  • with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

7 Confidentiality

We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

We will only disclose information that we have about you:

  • to the extent specifically required by law; or
  • for the purposes of this agreement (including disclosing information in connection with any query or claim).

8 Notice

If you wish to notify us in writing about anything relating to this agreement, you should email us at support@presspay.com.au.

We will notify you by sending an email to the address you provided. Any notice will be deemed to have been received on the day of sending.