Draft for legal review. This page is a first draft and is not yet in force. Highlighted items are still to be filled in or decided.
Merchant Terms
These are the terms for businesses that run a loyalty programme on Loylpay. Customers have their own Terms of Use.
At a glance
- Your programme, your rulesYou choose how customers earn and what the rewards are.
- Honour what they earnRewards your customers have earned must be given at the till.
- Works with SquareLoylpay reads your paid orders through your Square connection.
- Customers, handled with careUse customer details only to serve them and run your programme.
- Fees[fees and billing to be confirmed]
- Leave when you likeEither of us can end the agreement on notice.
Each section starts with a short summary in plain English to help you understand it. The summaries are not part of the agreement: the full text next to them is what applies.
1About these terms
In short
This is an agreement between your business and Loylpay. Whoever signs up must be allowed to agree for the business.
These terms apply to any business that uses Loylpay to run a loyalty programme (the Merchant, "you"). Loylpay is provided by [legal entity name], ABN [ABN] ("Loylpay", "we", "us").
The person who registers the business confirms that they are allowed to agree to these terms on its behalf. Our Privacy Policy explains how we handle personal information.
2Setting up
In short
Register, connect your Square account, add your staff and put the tag on the counter. You can disconnect Square at any time.
- You register your business, connect your Square account through Square's own sign-in, and choose the sites that use Loylpay. You can disconnect Square at any time, but Loylpay will stop matching orders.
- You can give your staff accounts. You are responsible for what your staff do in Loylpay and for removing their access when they leave.
- Keep the Loylpay tags where customers can tap them, and tell us if one is lost or damaged.
3Your loyalty programme
In short
You set the rules. Once a programme is live its earning rule is locked, so customers can trust it. Rewards customers have earned must be given at the till.
- You choose your programme: coffee stamps, or points with your own earning rate, reward value and minimum to redeem. Once a programme is active its rule is locked, so customers always know what they are earning towards.
- You must give customers the rewards they have earned under your programme. When a customer switches a reward on, you take it off their order in your till.
- Customer points expire after 12 months without activity at your business, as our customer terms say.
- [Decide: can staff earn points at their own workplace: blocked, allowed and flagged, or your choice per programme?]
- You are responsible for your products and service, and for sorting out any complaint a customer has about them.
4Fees and payment
In short
[Plain summary to follow once fees are set.]
[Fees, billing period, any free trial or pilot period, and what happens if a payment is missed, to be confirmed.]
5Customer information
In short
Use what you see about customers only to serve them and run your programme. No marketing to them without their consent. Look after your logins.
- Customers have their own Loylpay accounts. You see information about customers who check in at your sites: their name, photo if they added one, usual order, points and their orders with you. You never see what they do at other businesses.
- Use that information only to serve customers and run your loyalty programme. Do not send them marketing unless they have agreed to receive it, and do not sell or share it.
- Comply with the Privacy Act 1988 (Cth) where it applies to you, keep staff logins secure, and tell us promptly if you think someone has misused Loylpay or customer information.
- [Decide: what customer information a business can export, and what happens to it when a business leaves.]
6Square and other services
In short
We read your paid orders from Square to match them to customers. Your agreement with Square stays between you and Square.
With your permission we read orders from your Square account to match them to customers' check-ins. Your use of Square is covered by your own agreement with Square. We are not responsible for Square, or for orders that cannot be matched while Square is unavailable.
7What we do
In short
We keep Loylpay running and secure, help when something goes wrong, and give notice of big changes.
- We take reasonable care to keep Loylpay available, secure and working as described.
- We help you set up and answer questions at hello@loylpay.com.
- We tell you before making changes that significantly affect how you use Loylpay.
8Your name and logo
In short
We show your business name and logo in the app. We'll ask before putting them on our website.
You allow us to show your business name and logo in the app so customers recognise you. We will ask before using them anywhere else, such as on our website. You confirm you have the right to let us use them.
9Responsibility and liability
In short
Rights under Australian consumer law always apply. Beyond that, each of us is responsible for our own part.
Nothing in these terms excludes rights under the Australian Consumer Law. To the extent the law allows, [limitation of liability, liability cap and indemnity wording for legal review].
10Suspending and ending
In short
Either of us can end the agreement on notice. If you leave, your customers get time to use the rewards they've earned.
- Either of us can end these terms with [number of days] written notice.
- We may suspend or end your access straight away for fraud, misuse of customer information, a serious breach of these terms, or [non-payment].
- When you leave, we tell your customers, and you keep honouring rewards they have already earned for [number of days].
11Changes to these terms
In short
If we change something that matters, we'll tell you first.
We will post changes on this page and update the date at the top. We will give you at least [number of days] notice of a change that matters, and you can end these terms before it applies if you don't accept it.
12General
In short
Australian law applies. If we disagree, we'll talk it through before anything formal.
These terms are governed by the laws of [state or territory], Australia. If a dispute comes up, we will first try to resolve it together in good faith for 30 days before [mediation or other step]. Questions? Email hello@loylpay.com.