Pyng Payments Pty Ltd
Customer – Terms of Use
Effective: 17 May 2024
Thank you for using the Pyng Platform (which includes the Pyng mobile application (Pyng App), devices, website (Website) and software). The Pyng Platform is owned and operated by Pyng Payments Pty Ltd (ABN 29 675 190 888) (Pyng).
By accessing and/or using this Platform or any related services, you agree to these Terms of Use (Terms),and confirm that you have the power and authority to enter into, be bound by, and deliver and perform the obligations under, these Terms. You should review our Privacy Policy (available at pyng.com.au/privacy) and these Terms carefully and immediately cease using our Platform if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Pyng. Unless otherwise specified, a reference to 'you' or 'your' in these Terms means the person who wants to pay for purchases via your bank account using the Pyng Platform (we call this person the 'Customer'. If you are an organisation who has registered an account to receive payments using the Pyng Platform via the Pyng App (we call this person the 'Merchant'), or a user that accesses the Pyng Platform on behalf of a Merchant, please refer to our Merchant Terms of Use available at pyng.com.au/merchantterms.
These Terms explain what your obligations are if you ask us to establish a PayTo payment agreement on your behalf. Italso details what our obligations are to you. Key defined terms are set out at the end of these Terms.
1.The Pyng Platform
1.1 Grant of Licence
Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable licence to use and access the Pyng App, in accordance with these Terms for the duration that you hold a Pyng Account.
1.2 Setting up a Pyng Account
(a) The Pyng Platform is a payments solution that enables you to make payments to Merchants using your smartphone.
(b) Pyng does not charge Customers any fees to access the Pyng Platform to make payments.
(c) To access the Pyng Platform, you must register for an account via the Pyng App or Website (Pyng Account). (d) During the registration process, you will provide us with personal information such as your name, email address, bank account details. You must ensure that this information is accurate and current. We use this information to establish your account and your payment agreement, and to enable us to process payments to Merchants as further described in section 2.2(a) below. We may disclose that information to third parties that help us deliver our services (including our third party service providers, relevant financial institutions and NPP Australia Limited) or as required bylaw. We may also disclose your personal information to recipients that are located outside of Australia, including to our developers located in India, Pakistan and Bangladesh. If you do not provide us with this information, you will not be able to access the functionality of the Pyng Platform.
(e) Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at support@pyng.com.au.
(f) By providing your personal information and bank account details to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. If you do not consent to our collection, use or disclosure of your personal information, please do not sign up for a Pyng Account.
(g) You can register to access Pyng via your existing AppleID, Google account or using a username and a password.
(h) During the registration process, you can nominate your existing Google or AppleID account for the purpose of accessing Pyng or we will issue you with a username and password for your Pyng Account. You are responsible for keeping your login details secure and are responsible for all use and activity carried out under your Pyng Account.
(i) Before signing up for a Pyng Account, you should check:
(i) with your financial institution whether PayTo is available from your bank account;
(ii) that your bank account details are in the correct format or the PayID which you have provided to us are correct; and
(iii) with your financial institution if you have any queries about PayTo.
(j) Once you have established a Pyng Account, you can create a payment agreement and set a cap on the amount of funds that may be authorised to be remitted to a Merchant by Pyng. Further details on this process and the requirements for establishing the payment agreement are set out in section 2 below.
1.3 Conditions of access to the Pyng Platform
You agree:
(a) to comply with all applicable laws (including any applicable privacy laws);
(b) not to copy, modify, merge, alter, adapt, translate, de compile, disassemble or reverse engineer any aspect of the Pyng Platform or to otherwise attempt to derive the source code relating to any aspect of the Pyng Platform, or to merge any software or any part of any software with any aspect of the Pyng Platform unless expressly permitted by the Terms;
(c) not to interfere in any manner with the Pyng Platform or its source code or any work product of Pyng (except as permitted by the Terms);
(d) not in any circumstances to sell or license or offer for sale or license your Pyng Account, nor to allow any person to use or have access to your username or password, other than as permitted by the Terms;
(e) not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the Pyng Platform; and
(f) not to use any data mining, gathering or extraction tools (excluding tools provided bythe Pyng Platform for your use).
1.4 Making Payments
(a) To make a Payment once you have set up your Pyng Account, you can scan a QR code or tap your phone on the Merchant's NFC enabled device using the Pyng App. If using NFC, the Merchant device will inform us of the amount to be paid to the Merchant and who the Merchant is. This information is also contained in the relevant QR code.
(b) Initially, not all merchants will be able to accept Pyng, but it is part of our plan to build out our network of Merchants.
(c) If the payment amount is less than the amount which you have authorised under your payment agreement (i.e. below your set cap), we will send a payment initiation request to our Sponsoring NPP Participant. Our Sponsoring NPP Participant will validate your payment agreement via the Mandate Management System and send a payment initiation request to your financial institution. Provided you have the funds available in your bank account, your financial institution will validate and accept the payment request and pay out the funds for your purchase to the Merchant's bankaccount directly. At no time does Pyng receive the funds.
2 PayTo
2.1 Your circumstances
If your circumstances permit, you will be able to authorise and maintain PayTo payment agreements via the Pyng App, meaning you will be able to pay Merchants up to a fixed cap amount on multiple occasions and will not have to reset your payment thresholds each time you go to purchase goods orservices.
2.2 Establishing a payment agreement
(a) In order to establish a Pyng Account, set up a payment agreement and access the functionality of the Pyng Platform, we need information from you. This will include personal information and your bank account details. By requesting us to establish a payment agreement, you consent to us to using, disclosing and recording your details and personal information, including the account or PayID details you have provided to us, and the details of the payment agreement in the Mandate Management Service operated by NPP Australia Limited.
(b) Not all financial institutions offer PayTo services. If your financial institution does not offer PayTo services, we will let you know and you will need to provide alternate bank account details if you wish to use Pyng.
(c) If your financial institution supports PayTo, your financial institution will retrieve the payment agreement creation request and deliver it to you, for you to view and to authorise at your discretion.
(d) Your authorisation of the payment agreement creation request is required to be given to your financial institution in order for the payment agreement to be established. If your account is a joint account, your financial institution may need all joint account holders to authorise the payment agreement.
(e) The method by which your financial institution communicates and delivers the payment agreement creation request to you is up to your financial institution. We note this is commonly through your banking app or via online banking.
(f) You can connect multiple bank accounts to the Pyng Platform. If you would like to do so, you will have to establish a payment agreement in respect of each such bank account.
2.3 Viewing and amending a payment agreement
(a) Your financial institution will provide you with a facility to view the payment agreements you have authorised. We note this is commonly done through your banking app or via online banking.
(b) You will also be able to view and edit your payment agreement with us in the Pyng App. Alternatively, you may change your bank account number or PayID in our payment agreement, or suspend or cancel our payment agreement via your financial institution. Your financial institution is required to act promptly on your instructions by modifying the record of the payment agreement in the Mandate Management Service.
2.4 Establishing a payment agreement
(a) As soon as a payment agreement is established, we will be able to arrange for payments to be made from your bank account to a Merchant's account when you make a payment via the Pyng Platform.
(b) We will only arrange for payments to be made from your bank account in accordance with the payment agreement including, for example, we will not process payments that exceed the cap you have set. (c) Before we arrange for any payment to be made, your financial institution will check the payment agreement in the Mandate Management Service to ensure it remains valid and active (that is, that it has not been suspended or cancelled, or otherwise amended, by you).
(d) The PayTo service is a 24/7 service, which means the day of the payment may fall on a day which is not a banking day. If that is the case, we will arrange for payment to be made on that day.
2.5 Amendments by us
(a) We may vary any of our details included in the payment agreement at any time by giving you at least 5 days written notice.
(b) If we wish to vary the value, cap and/or frequency of payments under the payment agreement, where required we will request these as requested amendments to the payment agreement in the Mandate Management Service. Your financial institution will notify you of the amendment and seek your authorisation (where required). This will be recorded in the Mandate Management Service for the amendment to take effect.
(c) We may suspend or cancel the payment agreement at anytime, including if we suspect fraud or unauthorised activity. If we do so, we will not be able to arrange for payments to be made from your bank account via the Pyng Platform or any other means.
(d) The payment agreement recorded in the Mandate Management Service will be taken to be the current payment agreement at any particular point in time
2.6 Your payment obligations
(a) It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a payment to be made in accordance with the payment agreement.
(b) If there are insufficient clear funds in your account to meet a payment:
(i) you may be charged a fee and/or interest by your financial institution; and
(ii) you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account so that we can process the payment.
(c) The amount to be debited in relation to a payment is set by the relevant Merchant. You should check your bank account statement to verify that the amounts debited from your bank account are correct and, if not, raise this with us or the relevant Merchant. You can read more about this dispute resolution process in section 3. However, Pyng will not be responsible for any amounts charged incorrectly.
3 Refunds
3.1 If permitted by the Merchant's policies, you can receive refunds for goods and services which you have purchased via Pyng through the Pyng Platform.
3.2 We will act as your agent in relation to initiating and completing refunds via Pyng
(a) You agree that we will act as your agent when initiating and completing refunds made through the Pyng Platform. As your agent, we are authorised to make payment requests from the Merchant's bank on your behalf via the Mandate Management Service for the purpose of facilitating refunds only.
(b) We do not act as your agent for any other purpose other than initiating and completing refunds as set out in clause 3.2(a). Neither Pyng nor you have any duties or responsibilities in respect of this agency arrangement except as set out in this agreement.
(c) You agree that our appointment as your agent to initiate and complete refunds does not restrict our rights under these Terms.
(d) You agree that we may act as an agent for Merchants in relation to processing and making payment requests for the purpose of initiating and completing Customer payments made through the Pyng Platform.(e) Pyng will charge Merchants fees to access the Pyng Platform and provide Pyng as a payment option. Under Pyng's Merchant Terms of Use, Merchants agree that they will not charge this fee on to you, including through the use of a surcharge. If you believe you have been charged a surcharge for use of Pyng, please notify us directly on support@pyng.com.au.
4 Disputes
4.1 The record of the payment agreement in the Mandate Management Service is evidence of the value and frequency of payments that you have authorised us to make from your bank account. If you believe that there has been an error relating to payments from your bank account, you may notify us directly on disputes@pyng.com.au so that we can resolve your dispute quickly.
4.2 If we conclude as a result of our investigations that a payment has been made incorrectly from your bank account, we will respond to your query by requesting for your financial institution to adjust your bank account accordingly. We will also notify you in writing of the amount by which your bank account has been adjusted.
4.3 If we conclude as a result of our investigations that a payment has not been made incorrectly from your bank account, we will respond to your query by providing you with reasons and any evidence for this finding in writing.
4.4 As an alternative to contacting us in the first instance, you may contact your financial institution. Your financial institution will be able to review the payment agreement in the Mandate Management Service and the payment/s you believe have been made in error, and if appropriate recover the payment/s from the Merchant.
5 Termination of your Pyng Account
5.1 If you breach the Terms, we may (without notice):
(a) terminate your Pyng Account or suspend your access to the Pyng App; and
(b) prevent your further access to the Pyng Platform.
5.2 Upon termination, you shall cease all use of the Pyng Platform, and we reserve the right to delete your Pyng Account and any data we have in relation to your Pyng Account.
5.3 To the full extent permitted by law, we will not be responsible for any loss, cost, damage or liability that may arise as a result of us exercising our rights under this clause 5.
6 Promotions and competitions
6.1 For certain campaigns, promotions or contests, additional terms of use may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms of use applicable to that campaign, promotion or contest. In case of any inconsistency between such terms of use and these Terms, those terms of use will prevail in relation to that campaign, promotion or contest.
7 Confidentiality
7.1 We will keep any information (including your account details or PayID details) in your payment agreement creation 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.
7.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of these Terms (including disclosing information in connection with any query or claim).
8 Intellectual property rights
8.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Pyng Platform, and in all of the material (including all text, graphics, logos, audio and software) made available on the Pyng App (Content).
8.2 Your use of the Pyng Platform, and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Pyng Platform or Content. However we do grant you a licence to access the Pyng Platform, and view the Content on the terms set out in this agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
8.3 Any reproduction or redistribution of the Pyng Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
8.4 All other use, copying or reproduction of the Pyng Platform, or the Content or any part of it is prohibited, except to the extent permitted by law.
9 Accuracy, completeness and timeliness of information
9.1 The information on the Pyng Platform and our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Pyng Platform. You should monitor any changes to the information contained on our Platform.
9.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Pyng Platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
9.3 We may, from time to time and without notice, change or add to the Pyng Platform (including the Terms) or the information, products or services described in it. However, we do not undertake to keep our Platform up-to-date. We are not liable to you or anyone else if errors occur in the information on our Platform or if that information is not up-to-date.
10 Warranties and disclaimers
10.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Pyng Platform or Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Pyng Platform will be secure.10.2 We reserve the right to restrict, suspend or terminate without notice your access to the Pyng Platform, any Content, or any feature of the Pyng Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
11 Liability
11.1 Subject to section 11.2 below, to the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Pyng Platform and/or the information or materials contained on it, or as a result of the inaccessibility of the Pyng Platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
11.2 Section 11.1 does not apply to any direct loss, damage or expense suffered by you as a result of any fraud, negligence or wilful misconduct by us.
12 Jurisdiction and governing law
12.1 Your use of the Pyng Platform (including the Pyng App) and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
13 Unacceptable activity
13.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Platform, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
(b) using the Pyng Platform to defame or libel us, our employees or other individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
(d) posting or transmitting to the Pyng Platform anynon-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. If we allow you to post any information to the Pyng Platform, we have the right to take down this information at our sole discretion and without notice.
14 Linked sites
14.1 The Pyng Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
15 Updates
15.1 We may (in our sole discretion) modify, update or replace any or all of these Terms from time to time by providing reasonable and, where practicable, 28 days' prior written notice of the update to the Terms, including details of the relevant changes.
15.2 This notice may be provided via email, SMS or a message via the Pyng App. Where the change materially and detrimentally affects:
(a) the Pyng Platform;
(b) accessing the Pyng App and related services; or
(c) your rights and obligations under these Terms, you will be entitled to terminate these Terms and/or your Pyng Account through your account settings on the Platform or by emailing support@pyng.com.au. Continued use of the Pyng Platform following the reasonable notice period and implementation of the update shall be deemed acceptance of the new updated
16. Terms
16.1 The benefit and obligations under these Terms are personal to you, and you may not transfer, assign or sub-contract orsub-licence or otherwise dispose of any of your interests, rights or obligations under these Terms without our prior written consent. You remain liable for the performance of your obligations under these Terms despite any sub-contracting, assignment or transfer.
16.2 If we are partially or wholly precluded from complying with our obligations under these Terms by any event, matter or circumstance that is beyond our reasonable control, then our obligation to perform will be suspended for the duration of the delay arising out of that event, matter or circumstance and we will not be liable for failure to perform our obligations.
16.3 Nothing in these Terms or any circumstances associated with them or their performance gives rise to any relationship of partnership, principal and agent, or employer and employee. You have no right to assume or create any obligations of any kind, express or implied, in the name of or on behalf of us.
16.4 These Terms constitute the entire agreement between us relating to the subject matter of these Terms and supersede and cancel any previous agreement, understanding or arrangement whether written or oral.
16.5 If any part or provision of these Terms are invalid, unenforceable or in conflict with the law, the invalid or unenforceable part or provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of the part or provision. The remainder of these Terms will be binding on the parties.
17. Definitions
When used in these Terms, the following definitions apply.
authorisation means your authorisation of the payment agreement or amendment of the payment agreement with your financial institution.
bank account means the account held at your financial institution from which we are authorised to arrange for payments to be made on your behalf.
bank account number means the BSB and account number for the bank account.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. Mandate Management Service means the secure database managed by NPP Australia Limited on behalf of our Sponsoring NPP Participant and, if it supports PayTo services, your financial institution.
PayID means the identifier which you have registered via your financial institution with NPP Australia Limited and which you provide to us as the identifier for your bank account.
PayTo means the digital real-time payments service developed by NPP Australia Limited.
Payment agreement means the payment agreement between you and us which authorises us to arrange for payments to be made from your account.
Payment means a particular transaction where a payment is made from your bank account.
Payment agreement creation request means your request to us to create the payment agreement on your behalf.
Sponsoring NPP Participant means the third party participant of the New Payments Platform that sponsors us to from time to time.
Your financial institution means the financial institution at which the bank account is held.
For any questions or notices, please contact our Privacy Officer at:
Pyng Payments Pty Ltd ABN 29 675 190 888
Address: Level 25, 100 Mount Street, North Sydney, 2060
Email: complaints@pyng.com.au
