Tourpay Terms of Service

Tourpay allows you to pay for your purchases through a platform that helps you consolidate your purchases across multiple retailers and easily claim GST returns.

You must be over 18 years old and be the authorised holder of an eligible debit/credit card, Alipay or WeChat pay account to apply (see clause 2.4 for eligibility criteria).

All orders are subject to Tourpay’s approval. For more information on assessment and checks, see clause 6.2

As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment – see clause 6.2(f)

The delivery/quality of goods and all refunds is the responsibility of the retailer where you make the purchase. 

 

Please read this Agreement carefully. By clicking to accept these terms and using Tourpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Tourpay’s Privacy Policy which can be found here. The headings contained in this document are for reference purposes only.

 

  1. Welcome to our Website

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

 

1.1  Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Market Engine Global Pty Ltd ABN 80 149 673 183 (‘Tourpay’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Tourpay Products.

 

1.2  Policies incorporated into this Agreement

Before you create an account with us or use any of our Products, you should read this Agreement, as well as Tourpay’s Privacy Policy and any other policy found on the Website, which are incorporated into this Agreement by reference.

 

We recommend that you store or print a copy of this Agreement (including all policies) for your records. To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

 

1.3  Changes to this Agreement

(a) Tourpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Tourpay Account in accordance with clause 3.4.

(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.

 

  1. Our relationship

 

2.1  About us

(a) Our Products allow you to buy goods or services offered by in-store or online Retailers.

(b) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Retailers paid for with our Products. We cannot ensure that a Retailer you are dealing with will complete the transaction.

(c) Tourpay does not:

(i) Enter into a partnership, joint venture, agency or employment relationship with you;

(ii) Guarantee the identity of any Retailer; 

(iii) Determine if you are liable for any taxes; or

(iv) Collect or pay any taxes on your behalf that may arise from your use of our Products.

 

2.2  Your Consumer Rights

As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:

(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and

 

Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

 

2.3  No warranty

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.

(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.

 

2.4  Your eligibility

(a) To be eligible to use our Products you must:

(i) be an individual who is at least 18 years old;

(ii) be capable of entering into a legally binding contract;

(iii) have a valid and verifiable mobile telephone number;

(iv) have access to a Payment Method, for example by being the holder of a Card or valid Alipay or WeChat Pay account; and 

(v) in connection with your use of your Tourpay Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Tourpay Account.

(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

 

2.5  Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.

 

  1. Your Tourpay Account

 

3.1  Creating your Tourpay Account

(a) We will create your Tourpay Account when you place your first Order with any of our Retailers. You may also create your Tourpay Account by visiting the Tourpay Website.

(b) Once your Tourpay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Tourpay Account, using your secure password, through our Website.

(c) You are responsible for maintaining the security of your Tourpay Account details. We will not take responsibility for unauthorised access and use of your Tourpay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) You acknowledge and agree that if a person places an Order with a Retailer by using your Tourpay Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:

(i) we are or at any time become aware of that or the use of your Tourpay Account not being authorised by you;

(ii) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person and the Retailer; or

(iii) any rights or claims that we or the Retailer may have against that person.

except to the extent any use of your Tourpay Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement. 

 

3.2  Your obligations to us as a holder of an Tourpay Account

By holding an Tourpay Account with us, you agree that you must:

(a) Pay any applicable Fees associated with your use of our Products and your Tourpay Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Tourpay Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Tourpay Account via our Website;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Tourpay Account or our Products for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Tourpay Account;

(g) Be aware of and pay any taxes that may apply to your use of our Products;

(h) Not permit others to use your Tourpay Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products;

(j) Immediately contact us if you believe that your Tourpay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Retailers; 

(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one Tourpay Account.

 

3.3  In-store payment via barcode

(a) If you wish to make an in-store purchase using Tourpay, you must create a Tourpay Account (new Tourpay customers), or log in to your existing Tourpay Account (existing Tourpay customers), and request authorisation to make an in-store purchase up to a nominated value via the Tourpay App.

(b) If your request is approved, Tourpay will promptly issue you with a barcode via the Tourpay Website or App which you may use to make a single purchase with a Retailer who offers Tourpay in-store.

(c) The barcode will be scanned by the Retailer to link the items you are purchasing to your Tourpay account. You will then be prompted to pay for the transaction. Payments will be deducted from your Nominated Payment Source.

 

3.4  Closing your Tourpay Account

(a) You may request to close your Tourpay Account by contacting us directly. You may only request to close your Tourpay Account if:

(i) no disputes or refunds are in progress.

(b) You may not close your Tourpay Account to evade investigations of any nature.

(c) We may close your Tourpay Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full.

(d) Except as otherwise stated, this Agreement will be terminated once your Tourpay Account is closed.

(e) We may immediately limit your access to our Products or suspend or close your Tourpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d); 

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including providing us with false, inaccurate or misleading information or using your Tourpay Account or our Products in breach of this Agreement); or

(iv) we otherwise reasonably consider the activity associated with the Tourpay Account to be suspicious.

(f) We will use our best efforts to provide written notice to you before closing your Tourpay Account, in the circumstances described in clause 3.4(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Tourpay Account in accordance with clause 3.4(e), this Agreement will be terminated.

 

  1. Orders, payments and billing

 

 4.1  Order Confirmation and Payment Schedule

(a) All Orders which you place with Tourpay are subject to approval by Tourpay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(C) limit the risk of money laundering or terrorism financing; or

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect; or

(v) we otherwise reasonably consider the Order to be suspicious.

 

 

  1. Refunds

(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.

 

(b) It is your responsibility to notify the Retailer if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Retailer’s returns policy or as otherwise permitted by the retailer.

 

 

  1. Assessment and checks

 

6.1  Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.

 

6.2  Repayment capability and identity checks

(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).

 

(b) You agree to provide any information or documentation reasonably requested by Tourpay or a Retailer to verify your identity in connection with your Tourpay Account or Orders.

 

(c) All information that Tourpay collects about you, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Tourpay Privacy Policy (https://www.Tourpay.co/privacy/).

 

(d) You authorise Tourpay (or any third parties providing services on behalf of Tourpay) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Tourpay Account. In addition, you acknowledge that Tourpay reserves the right to report any negative activity on your Tourpay Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.

 

  1. Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Tourpay. The information on our Website is for information purposes only and is subject to change without notice.

 

(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

 

  1. Complaints and disputes

 

8.1  Disputes between you and a Retailer

(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.

 

(b) Whilst Tourpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Tourpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

8.2  Disputes between you and us

(a) We aim to:

(i) Acknowledge receipt of all complaints within 5 business days; and

(ii) Resolve all complaints within 21 days.

(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.

Email: [email protected]

Mail: Tourpay, Suite 1, 30 Cremorne St, Cremorne, VIC 3121, Australia

(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

(d) Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.  

Email:    [email protected]

Website:  www.afca.org.au

Phone:   1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority

                       GPO Box 3, Melbourne VIC 3001

 

  1. Notices and Communications

 

9.1  How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Tourpay Account and/or your use of our Products may be provided to you electronically.

 

(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.

 

(c) Alternatively, we may choose to give notice to you by:

(i) sending it by post to your nominated contact address listed on your Tourpay Account; or

(ii) sending it to you via other electronic methods of communication using contact details listed on your Tourpay Account (including text messages).

(d) You consent to us using the contact details you have provided to us to:

(e) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or

(ii) contact you in relation to your Tourpay Account and/or our Products.

(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor electronic communication for quality control and training purposes or for Tourpay’s own protection. Tourpay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

 

9.2  How you can communicate with us

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by mail to:

Tourpay, Suite 1, 30 Cremorne St, Cremorne, VIC 3121, Australia

(b) Other communications

If you wish to contact us for any other reason, you can do so on the details below:

Email: [email protected]

Mail: Tourpay, Suite 1, 30 Cremorne St, Cremorne, VIC 3121, Australia

 

 

  1. General

 

10.1  System Outages

(a) Access to our Products or our Websites may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

 

(b) To the extent permitted by law, and subject to clause 2.2, Tourpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

 

10.2  Governing Law and Jurisdiction

(a) This Agreement is governed by the law in force in Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Victoria, Australia.

 

10.3  Limitation of Liability

(a) To the full extent permitted by law, and subject to clause 2.2:

(i) Tourpay’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees; 

(ii) Except for claims arising in respect of clause 10.5, your liability for all claims arising under or related in any way to this Agreement no matter how arising (including the indemnity in clause 10.4), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees; and

(ii) Neither party (including in relation to Tourpay, its related bodies corporate, or any third party providing services on behalf of Tourpay), will be liable for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.

(b) Tourpay and its related bodies corporate, or any third party providing services on behalf of Tourpay, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Retailer, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.3(a) above). You acknowledge that any consumer-related claims you may have in respect of the goods or services purchased from a Retailer will be a matter between you and the Retailer, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Retailer.

(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.

(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.

 

10.4  Indemnification

(a) You are responsible to Tourpay and any related companies of Tourpay to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.4(a) gives a non-party rights, Tourpay contracts as trustee of the rights given under that clause.

(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Tourpay, its contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.

10.5 Breach relating to misuse of the Products

(a) You acknowledge that it is imperative that Tourpay be able to rely on:

(i) the information you provide to us; 

(ii) the identity that you use; and 

(iii) that your use of your Tourpay Account and our Products be for the intended purpose.

(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Tourpay and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Tourpay or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.  

(c) If Tourpay reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Tourpay Account and our Products, you agree, on request from Tourpay, to provide Tourpay with copies of all documents, notes or communications in relation to such alleged breach. 

(d) This clause 10.5 survives termination of this Agreement.

DEFINITIONS

 

Tourpay, we, us or our means Market Engine Global Pty Ltd ABN 80 149 673 183, and can include an Tourpay Affiliate where applicable.

Tourpay Account means an account that Tourpay creates to uniquely identify you and to enable you to use our Products.

Tourpay Affiliate means a related body corporate or related entity of Tourpay, including one in another jurisdiction.

Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.

Card means any card issued by Visa or MasterCard

Consequential Loss means any loss, damage or costs incurred that is:

(i) indirect or consequential; and 

(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Tourpay directly in respect of this Agreement.

Consumer Rights has the meaning given in clause 2.2.

Fees means any fees charged by us, as described in this Agreement.

Nominated Payment Source means your chosen payment method, which may include Visa, Mastercard, Alipay or WeChat Pay.

Order means a request submitted by you to us, to use an Tourpay Product to pay for goods or services offered by a Retailer.

Original Order Value means the total cost of your Order at the time it is approved by Tourpay (before any refunds may be applied).

Payment Method means any payment method accepted by Tourpay from time to time.

Products mean the payment products and associated services offered by Tourpay from time to time.

Retailer means an online or in-store merchant with which Tourpay or an Tourpay Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.

Website means www.tourpay.co and any other website operated by Tourpay, including the Tourpay App.

You (or Your) means the person identified when an Tourpay Account is created. If:

(a) such person does not exist, or 

(b) the name or details are used by someone who is not in fact that person, or

(c) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.