PaySure Payment Services Terms

When these Payments Terms mention “PaySure,” “we,” “us,” or “our,” it refers to PaySure Retail Finance Pty Ltd ABN 50 655 912 977 | ACL 536827.

PaySure provides innovative payment collection and lending solutions for Australian real estate clients, property stylists, conveyancers and other stakeholders in the real estate market. These payment collection services include the collection of funds from property owners, tenants, and other payers (Payers) on behalf of you, our client (Payment Services).

PaySure provides Payment Services only to clients as the client’s limited payment collection agent by accepting and processing funds from Payers on your behalf.

1. Your use of the Payment Services

(a) By using the Payments Services, you agree to comply with these Payments Services Terms.

(b) PaySure may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services.

(c) We may from time to time review and update these Payment Services Terms, including to take account of new laws, regulations, products or technology. Your use of the Payment Services will be governed by the most recent Payment Services Terms posted on our website. Where we make a material change to the Terms (i.e. a change in the price of the Payment Services, or a change which materially affects your use of the Payment Services) we will provide you with 5 Business Days' prior written notice via email that updated Payment Terms are available on our website. We may provide you with a shorter period of notice if applicable law requires the amendment to take effect more quickly. If you do not accept the updated Payment Services Terms, you should cease using the Payment Services. By continuing to use the Payment Services after the end of the notice period, you agree to be bound by the updated Payment Terms.

2. Appointment of PaySure as your Limited Payment Collection Agent

(a) You hereby appoint us as your payment collection agent solely for the limited purpose of accepting and processing on your behalf payments made by Payers. In accepting appointment as your limited payment collection agent, we assume no liability for any acts or omissions of or by you.

(b) You acknowledge that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Payers. We will only make payment to you for such amounts that have been successfully received by us. We will make payment within 5 Business Days of receipt of funds from Payers.

(c) Upon a Payer's payment of the funds to us, their payment obligation to you for the agreed upon amount is extinguished, and we are responsible for remitting the funds successfully received by us to you in the manner described in these Payments Terms.

3. Fees

We may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you at www.paysure.com.au/payment-services-fees prior to being charged.

4. Returning payments

(a) We may take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error or where the funds sent to you correspond to funds received by us which are returned to the Payer). 

(b) To the extent you receive any funds in error or where the funds sent to you correspond to funds received by us which are returned to the Payer, you agree to promptly return such funds to us.

5. Using the Payment Services

(a) You agree to use the Payment Services in good faith in accordance with these Payment Services Terms and any applicable laws.

(b) You will comply with any policies, procedures, operating rules and directions of PaySure from time to time in relation to the Payment Services and the manner of performance of your obligations under these Payment Services Terms.

(c) You are responsible for all dealings through the applicable Payment Services, including any fraudulent, illegal or unauthorised dealings, which are attributable to your conduct. You release and discharge PaySure from any liability in respect of such dealings.

(d) If you know or have reason to suspect that your details in respect of the Payment Services have been lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know your details, you must immediately notify us. We will then suspend your account to restrict further use.

(e) You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.

(f)  You must not charge a fee to Payers for the use of the Payment Services by them.

(g) We reserve the right to withhold payment to you of any amount for such period as we consider reasonably necessary where we have reasonable grounds to suspect you have processed transactions which are in material breach of these Payment Service Terms or where we are required to do so by applicable law.

(h) We will provide notice to you via email where we have exercised our right to withhold payment to your account, including the grounds for exercising this right.

(i)  Where we withhold an amount from you under clause 5(g), we will investigate the grounds for our suspicion as soon as reasonably practicable and form a view as to whether a breach of these Payment Service Terms or applicable law has occurred. Where we are reasonably satisfied that no breach has occurred, we will release any amount withheld as soon as practicable, up to a maximum of 5 Business Days.

(j) Where we have withheld payment to your account for a suspected breach of these Payment Service Terms, if you can demonstrate at any time during the investigation period that this suspected breach has been cured (to our reasonable satisfaction), we will release any amounts withheld as soon as practicable, up to a maximum of 5 Business Days.

6. Security Deposit

(a) We may set the amount of the security deposit required (and its basis of calculation) and must provide you with prior written notice of these requirements from time to time.

(b) We may increase or decrease the amount of the security deposit, and will provide you with written notice no less than 5 Business Days before this change will be effective.

(c) We must notify you of the deadline for paying the security deposit. The deadline for payment will be no less than 5 Business Days from the date that notice is provided to you.

(d) At any time, we may mutually agree a Security Deposit, in which case no notice period is application.

(e) Where directed to do so under clauses 6(a) or as per agreement under clause 6(d), you must pay the security deposit into a dedicated bank account notified by us (security deposit account) within the timeframe for such payment referred to in clause 6(c) or as agreed under clause 6(d). Any interest which accrues on the funds held in such security deposit account will form part of the security deposit.

(f) If you fail to provide the required amount of the security deposit as required, we may, in addition to any other rights under these Terms, retain transaction proceeds which would otherwise be payable to you and treat them as forming part of the security deposit, provided that such transactions occur after the deadline for payment of the security deposit.

(g) You grant us a security interest over the security deposit and any amounts credited to the nominated third party bank account to secure performance of your obligations under these Payment Service Terms.

(h) We must refund to you any remaining security deposit held within the security deposit account on the date which is within a reasonable period (not more than 18 months) following termination or expiry of these Payment Service Terms or such sooner date determined by us in our sole discretion.

7. AML/CTF Obligations

You acknowledge and agree:

(a) in order for PaySure to meet its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and associated Rules (AML/CTF obligations), PaySure is required to verify the identity of its Users as well as certain information about Users' beneficial owners;

(b) PaySure may, in its sole and absolute discretion delay, block or refuse to process or settle any Transaction without incurring any liability, if PaySure suspects, for any reason, that an Unlawful Act has occurred;

(c) in order to use and continue to use the PaySure Services, PaySure may at any time request further information from you. If you do not provide PaySure the information as requested, or there is a delay in you providing this information to PaySure, PaySure may not be able to open your PaySure Account, or provide you with access to the PaySure Services;

(d) PaySure may disclose your Personal Information to a Credit Reporting Body to verify your identity and obtain an assessment of whether the information you have provided us with matches the information provided by the Credit Reporting Body;

(e) PaySure is not liable for any Loss incurred by you as a result of any action of PaySure which either delays a PaySure Account being opened, results in an application to receive PaySure Services being declined or you don’t have access to the PaySure Services, when these actions are necessary for PaySure to comply with its AML/CTF obligations; and

(f)  PaySure may require further information from you from time to time in order to meet its AML/CTF obligations and you agree to provide PaySure with whatever additional information is reasonably required in order for PaySure to meet its AML/CTF obligations.

8. Termination

(a) You or PaySure may terminate these Payment Services Terms immediately by giving the other party written notice if that party has materially breached these Terms.

(b) You or PaySure may terminate these Payment Services Terms on 180 days note by giving the other party written notice of such intention to terminate.

(c) PaySure may also terminate these terms immediately by written notice if it becomes illegal or impossible in practice for PaySure to continue to provide the Payment Services to you.

(d) Where these Payment Services Terms are terminated:

(i) You must pay PaySure all amounts outstanding up to the date of termination of these Terms; and

(ii) Notwithstanding paragraph (i), the parties acknowledge and agree that all rights, obligations and liabilities accrued up to and including the date of termination, including without limitation in relation to any indemnity payments, damages, or otherwise arising in connection with the provision or use of the Payment Services, and all other accrued rights and obligations up to the date these Payment Services Terms end, will continue and survive termination of these Terms.

(e) Upon termination of these Terms, you will no longer have access to the PaySure Services.

9. Intellectual Property

(a) All intellectual property rights (including copyright and patents) in the Payment Services and all components of them are owned or licensed by us unless otherwise indicated. You must not copy, modify or transmit any part of the PaySure Services.

(b) The PaySure Services contain trademarks, logos, service names and trade names of PaySure or third parties that may be registered or otherwise protected by law. These include the PaySure logo. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Payment Services.

10. Your warranties

You represent and warrant that:

(a) you will comply with all applicable laws in the course of performing its obligations under these Payment Services Terms;

(b) you have the power to enter into and perform your obligations under these Payment Services Terms and that these Payment Services Terms are valid, binding and enforceable against you.

11. Disclaimer of Warranties and Limitation of Liability

(a) You agree that you have not relied on any representation, description, illustration or specification that is not expressly stated in these Payment Services Terms.

(b) Nothing in these Payment Services Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA), or any other applicable law, that cannot be excluded, restricted or modified by agreement.

(c) To the extent permitted by applicable law (including the CCA), PaySure excludes all warranties, whether express or implied (not including any consumer guarantees under the CCA), including any warranties or representations concerning availability of the Payment Services, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Payment Services, all links to or from the Payment Services and the goods and services advertised or accessible using the Payment Services. Subject to the consumer guarantees provided for in consumer protection legislation (including the CCA), we do not warrant that you will have continuous access to the Payment Services. We will not be liable in the event that the Website or the full functionality of Payment Services are unavailable to you or due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

(d) To the extent permitted by law (including the CCA), our liability in respect of any non-excludable warranties or conditions relating to the Payment Services, is limited to resupplying the relevant Payment Services or the reasonable cost of resupplying the relevant Payment Services, whichever we see fit to provide.

(e) For all other claims or liability, and to the extent permitted by law, the maximum liability of PaySure and its employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Payment Services Terms, the Payment Services will be the amount of any fee received from you in the preceding month in the aggregate of all claims.

(f) Except where PaySure fails to meet a consumer guarantee under the CCA and notwithstanding any other provision of these Payment Services Terms, PaySure will not be liable to you for:

(i) any damage, loss or expense resulting from or caused by:

(A) any act of PaySure which was carried out in good faith (notwithstanding that such act may have been in breach of these Payment Services Terms or negligent);

(B) any act or omission of any third party;

(C) any inaccurate or incorrect information provided by you;

(D) any event or circumstance beyond PaySure's reasonable control including, without limitation;

(E) any breach of these Payment Services Terms, negligence, default, fraud or dishonesty by you;

(ii) any direct or indirect lost profit, loss of opportunity, incidental, consequential or special damages, howsoever the loss is caused and regardless of whether it was foreseeable or not; and

(iii) to the extent permitted by applicable law, in the case of contributory negligence, a party’s liability to the other party under or in connection with these Terms will be reduced proportionately by the extent, if any, to which the acts or omissions of the first party or those of any of its Personnel or contractors caused or contributed to the relevant loss or damage suffered or incurred by the second party.

12. Indemnity

You agree to indemnify PaySure in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings incurred howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Payment Services Terms by you;

(b) any wrongful, wilful or negligent act or omission of you your officers, employees, agents or contractors.

13. Jurisdiction and Law

These Payment Services Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

14. Assignment

(a) You may not assign or charge your rights under these Payment Services Terms without our prior written consent.

(b) We may, in our sole discretion, assign, novate or transfer our rights or obligations arising out of these Payment Services Terms by giving notice to you.

15. Severability

Each provision of these Payment Services Terms is severable from the others and no severance of a provision will affect any other provision.

16. Contacting PaySure

If you have questions about the Payment Services or these Payment Services Terms, please contact PaySure by emailing info@paysure.com.au.