Thank you for using the Pyng Platform (which includes Pyng mobile applications (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 https://www.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 an organisation who has registered an account to receive payment using the Pyng Platform, and all users that access the Pyng Platform on behalf of that organisation (Merchant).
Key defined terms are set out at the end of these Terms. If you are a person who uses the Pyng App to pay for purchases using the Pyng Platform (we call this person the 'Customer'), please refer to our 'Customer' Terms of Use (available at pyng.com.au/customerterms).
1.1 To use the Pyng Platform to receive payments from customers, access the Pyng Merchant Portal and related services, you must have a registered account (Pyng Account). To create an account, you must:
(a) have a valid Australian Business Number;
(b) hold an Australian bank account;
(c) be authorised to create the account by the organisation that you proport to represent;
(d) possess the legal right and ability to enter into a legally binding agreement with us;
(e) agree and warrant to use the Pyng Platform in accordance with these Terms; and
(f) be approved by Pyng to receive payments using the Pyng Platform.
1.2 To become a Pyng approved Merchant you must register on the Pyng online portal. In the event Pyng requires further information from you to process your registration, we will contact you. By registering for a Pyng Account, you agree to provide reasonable additional information to assist Pyng to process the approval of your account.
1.3 If you are approved by Pyng to receive payments using the Pyng Platform, Pyng will activate your account. Pyng may refuse to approve access to the Pyng Platform at its discretion.
1.4 When you register and activate your account, you will provide us with information (which may include personal information), such as:
(a) details about your organisation;
(b) contact details;
(c) details of the bank account that will receive the payments;
(d) details of the bank account that will pay customer refunds;
(e) details of any authorised users; and
(f) any other details reasonably requested by Pyng.
1.1 You must ensure that this information is accurate and current. You may update this information from time to time via the Merchant Portal in accordance with clause Error! Reference source not found..
2.1 You may nominate authorised users for the purpose of facilitating customer payments via Pyng. You are responsible for the conduct of your authorised users. This includes ensuring that any authorised users comply with these Terms.
2.2 When an account is registered and activated, we will provide each user with a username and password. You and your users are responsible for keeping your username and password secure and are responsible for all use and activity carried out under this username.
2.3 Authorised users may process customer payments, customer refunds or manage Merchant details depending on the permissions granted to them by you as the account owner. You can manage the permissions granted to your authorised users via the Merchant Portal. You are responsible for the permissions granted to your authorised users.
2.4 You must ensure you have consent to provide us with the personal information of any relevant individuals (such as authorised users). We will handle all personal information we collect in accordance with our Privacy Policy (https://www.pyng.com.au/privacy).
2.5 Pyng does not accept any liability for unauthorised transactions processed by your authorised users unless it is the result of negligence or fraud by an employee or agent of Pyng.
A minimum contract term may apply to some Merchants. The minimum contract term is the minimum period during which you must offer Pyng as a payments option to your customers. If a minimum contract term applies to you, it will be stated in your Welcome Letter. You agree to comply with the minimum term set out in your Welcome Letter.
4.1 Subject to clause 3, you may cancel or suspend your account at any time by emailing support@pyng.com.au. If you cancel or suspend your account, you will not be entitled to a refund of any fee already paid and will no longer be entitled to access or utilise the Pyng Platform for any month for which you have not paid a fee.
4.2 We may immediately suspend or cancel your account and/or access to the Pyng Platform if:
(a) you are, or we reasonably suspect that you are in breach of these Terms or any applicable law;
(b) we reasonably consider that your ratio of refunds to payments, whether by number or dollar value of refunds, is unusual or excessive;
(c) you have, or we reasonably suspect you have breached the Pyng Merchant Transaction Restrictions Policy (available at pyng.com.au/merchant-transaction-restriction-policy);
(d) we reasonably suspect that you have fraudulently processed Transactions, or have knowingly allowed fraudulent Transactions to be processed through your Pyng Account.
(e) your business, including your line of business or the types of goods or services you supply to customers, changes significantly and you do not notify us and seek our consent to continue offering Pyng as a payments option prior to making that change;
(f) we reasonably believe that Pyng or our affiliates are, or are likely to be, in breach of law or brought into disrepute, as a result of the provision of, or your use or receipt of, the Pyng Platform; or
(g) we are required to do so in order to comply with an order, instruction or request of a regulatory authority.
4.3 We may cancel your account and/or access to the Pyng Platform for any or no reason with a minimum of 28 days' notice to you.
4.4 We will not be responsible for any loss, cost, damage or liability that may arise as a result of our cancellation or suspension of your Pyng Account or access to the Pyng Platform in accordance with these terms.
4.5 If your account is cancelled, we may in our discretion, delete any data, content or materials has been provided us in connection with your account.
5.1 Facilitating Payments
(a) The Pyng Platform is a payments solution that enables you to receive payments from Customers directly into your nominated bank account using the Customer's smartphone and process customer refunds.
(b) The Pyng Platform uses PayTo. 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 a Customer wishes to pay via the Pyng Platform, you will enter the payment amount into the Pyng device. The device will inform us of the amount to be paid to you. If the amount to be paid is less than the amount (i.e. the cap) the Customer has authorised in the Mandate Management Service, we will send a payment initiation request on your behalf to our Sponsoring NPP Participant. Our Sponsoring NPP Participant will validate the Customer's payment agreement via the Mandate Management System and send a payment initiation request to the Customer's financial institution. Provided the Customer has funds available, the Customer's financial institution will then pay out the funds for their purchase to the your bank account directly. At no time does Pyng receive the funds.
(d) We will notify you via the Pyng Platform to confirm that the transaction was completed.
(e) If a Customer requests a refund, you will enter the refund payment amount into the Pyng device. We will send a payment initiation request on the Customer's behalf 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. If you have the funds available, your financial institution will pay out the funds for the refund to the Customer's bank account directly.
5.2 Restrictions on transactions
(a) You must comply with the Merchant Transaction Restrictions Policy (available at pyng.com.au/merchant-transaction-restriction-policy). You agree that we may update this Policy from time to time. We will notify you when we do so.
(b) You must not use the Pyng Platform for any transactions which are unlawful, inappropriate, or prohibited by any laws applicable to our Platform.
5.3 Updating your bank account details
(a) The online platform application accessed the Website provides you with a Merchant portal to view the details of your business and insert the details of the bank account that will receive the payments and pay Customer refunds (Merchant Portal).
(b) You can only make changes to your bank account details on the Merchant Portal if:(i) you provide proof of ownership in relation to the bank account; and(ii) Pyng approves the change.
(c) To minimise the risk of fraud, Pyng may refuse to approve a change to your bank account details at its discretion and may request further information from you in order to process any such change. (d) We may take up to 5 days to process and approve the change in details, so there may be a delay in your bank details being updated in the Merchant Portal.
5.4 Device
(a) You can request for a device to be sent to you. This device is specific to you and will identify you. You can use this device to receive payments from Customers.
(b) We own the device and rent it to you in accordance with these Terms. We will not charge you any additional fees if you request for a device to be sent to you.If you do not request for a device to be sent to you, customers can pay by scanning a QR code we provide to you.
6.1 Establishing a payment agreement for the purpose of customer refunds
(a) By entering these Terms, you warrant that you have in place a fair policy for the exchange or return of goods, re-performance of services, or for the handling of refunds, which complies with all applicable laws including the Australian Consumer Law.
(b) For the purpose of processing Customer refunds, you must enter into a PayTo payment agreement with Pyng. You can authorise and maintain PayTo payment agreements via the Merchant Portal. Entering into a PayTo payment agreement with Pyng means that you will be able to pay refunds to Customers up to a fixed cap amount on multiple occasions and will not have to reset your payment thresholds each time you issue a refund payment.
(c) Establishing a payment agreement
(i) In order to establish a Pyng Account, set up a payment agreement and accept payments via Pyng, we need information from you, which will include the details for the bank account you wish to use for Customer refunds. By requesting us to establish a payment agreement, you consent to us to using, disclosing and recording your details, 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.
(ii) You acknowledge that the information you provide to Pyng may include personal information of your employees, agents or officers. You agree that you have consent to provide this information to us and for us to record and share that information for the purpose of establishing, maintaining and utilising a PayTo Mandate.
(iii) Not all financial institutions offer PayTo services. If your financial institution does not offer PayTo services, you will need to provide alternate bank account details if you wish to use Pyng to process refunds.
(iv) Once you provide us with your nominated bank account details, we will make a payment agreement creation request on your behalf.
(v) 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.
(vi) You must authorise the payment agreement creation request with 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.
(vii) 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 done via online banking.
(d) Viewing and amending a payment agreement
(i) Your financial institution will provide you with a facility to view the payment agreements you have authorised. We note this is commonly through your online banking.
(ii) You will also be able to view and edit your payment agreement with us in the Pyng Merchant Portal. 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.
(e) Establishing a payment agreement
(i) 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 Customer's account when you initiate a refund via the Pyng Platform.
(ii) 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.
(iii) 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).
(iv) 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.
(f) Amendments by us
(i) We may vary any of our details included in the payment agreement at any time by giving you at least 5 days written notice.
(ii) If we wish to vary the value, cap and/or frequency of payments under the payment agreement, where required we will submit 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.
(iii) We may suspend or cancel the payment agreement in accordance with clause 4. If we do so, we will not be able to arrange for refund payments to be made from your bank account via the Pyng Platform or any other means, and you will be required to provide the refund via alternative means.
(iv) The payment agreement recorded in the Mandate Management Service will be taken to be the current payment agreement at any particular point in time.
(g) Your payment obligations
(i) It is your responsibility to ensure that there are sufficient clear funds available in your nominated account to allow a refund to be processed in accordance with the payment agreement.
(ii) If there are insufficient clear funds in your account to meet a refund payment:
(A) you may be charged a fee and/or interest by your financial institution; and
(B) you must arrange for the refund to be made by another method or arrange for sufficient clear funds to be in your account so that we can process the payment.
(h) The amount to be debited in relation to a payment is set by the amount of the relevant transaction that is being refunded. 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 your financial institution. Pyng will not be responsible for any amounts charged incorrectly.
6.2 General provisions around refunds
(a) Consistently with clause 2.3, authorised users may process refunds on your behalf depending on the permissions associated with their username and password. Refunds can only be processed where purchases have originally been paid using Pyng.
(b) You can nominate and manage the authorised users that are able to process refunds through the Merchant Portal. You are responsible for managing the permissions granted to authorised users and ensuring your authorised users comply with your refund policy.
(c) You must ensure you have sufficient funds in your nominated bank account to meet your refund obligations for all customer refunds you process.
(d) Pyng is not responsible for any unauthorised Customer refunds processed through your Pyng account; except to the extent the processing was caused by the wilful misconduct, fraud or gross negligence of us (including through our officers, employees, contractors or agents).
6.3 We will act as your agent in relation to initiating and completing Customer Payments
(a) You agree that we will act as your agent when
(b) You agree that our appointment as your agent to initiate and complete Customer payment does not restrict our rights under these Terms. Neither Pyng nor the Merchant 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 under clause 6.3(a) is for the purposes of processing payments made through the Pyng Platform only. We do not act as your agent for any other purpose other than initiating and completing Customer payments made through the Pyng Platform as set out in clause 6.3(a).
(d) You agree that we may act as an agent for Customers in relation to processing and making payment requests for the purpose of customer refunds.
7.1 You are responsible for the adequate provision to the Customer of the goods or services purchased by the Customer, and accept all risk, costs and charges related to the goods or services sold to the Customer under the purchase including customer complaints, disputes, non-delivery and refunds, except to the extent these risks, costs and charges arise or are incurred due to our negligence, fraud or wilful misconduct.
7.2 If a dispute arises between you and a Customer, Pyng accepts no responsibility for any such disputed transactions, and these must be settled between the Merchant and the Customer or the Customer's financial institution.
7.3 A Customer may directly notify us if they think that there has been an error relating to payments from their bank account. If this happens, we will notify you so you can settle the matter between yourself and the Customer or the Customer's financial institution.
(a) Pyng does not charge fees on a per-transaction basis, but rather provides a set monthly service fee which includes your device charges and any fees for other services provided by us (for example, cash-back challenges).
(b) Your fees will be calculated in accordance with the methodology set out in the Merchant Portal or in the Welcome Letter we send you when you first register your Pyng account.
(c) You agree not to pass these fees on to your customers, including via a surcharge.
(d) You must pay the fees within 7 days of receiving an invoice from us.
(e) If GST is payable, or notionally payable, on a supply made under or in connection with these Terms, the party providing the consideration for that supply must pay as additional consideration an amount equal to the amount of GST payable, or notionally payable, on that supply (the GST Amount). Subject to the prior receipt of a tax invoice, the GST Amount is payable at the same time that the other consideration for the supply is provided. This clause does not apply to the extent that the consideration for the supply is expressly stated to be GST inclusive or the supply is subject to reverse charge.
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
