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.
Terms of Use
These terms explain how you can use the Loylpay app and the loyalty programmes run by participating businesses. Please read them before creating an account. Businesses that run a programme on Loylpay have their own Merchant Terms.
At a glance
- 16 or olderYou need to be at least 16 to have an account.
- Free for customersLoylpay costs you nothing. You pay the café for your order as normal.
- Rewards stay localPoints belong to the business where you earned them and aren't cash.
- 12 months to use themPoints expire if you don't earn or use any at that business for 12 months.
- Fair warningRule changes never take away points you have without 30 days’ notice.
- You get a sayBefore we close an account or remove points, we'll usually tell you why and hear you out.
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.
1Who provides Loylpay
In short
This is an agreement between you and Loylpay. Each café also has its own programme rules, shown in the app.
Loylpay is provided by [legal entity name], ABN [ABN] of [registered address] ("Loylpay", "we", "us" or "our"). Contact us at hello@loylpay.com.
These terms apply to your use of the Loylpay customer app, your account and the Loylpay tags and QR codes at participating businesses. Each business also runs its own rewards programme and may show extra rules in the app. By creating an account or using Loylpay, you agree to these terms and to our Privacy Policy. If you do not agree, do not use Loylpay.
2Your account
In short
You need to be 16 or older and use your own, real details. One account each.
You must be at least 16 to create an account. You must give us accurate details, including an email address you can access, and keep them up to date. You may have one customer account. Do not create an account using someone else's details.
When you check in, staff at that business see your name, your photo if you added one, your usual order and your points with them.
3Keeping your account safe
In short
Keep your login to yourself and tell us quickly if something looks wrong.
Keep your login details private and tell us promptly if you think someone has accessed your account without permission. You are responsible for activity on your account unless it happened because we failed to use reasonable care, or another rule of law makes us responsible.
4How check-in and order matching work
In short
Tap the tag, then order and pay as normal. We try to match your paid order to you. If we get it wrong, tap "Not my order" and we'll fix it.
At a participating business you can tap your phone on its Loylpay tag to check in. The business then provides transaction details from its Square point-of-sale system so Loylpay can try to match your next eligible paid order to your account. A check-in does not guarantee a match or points.
Do not claim an order that is not yours. If an order is matched to you by mistake, use "Not my order" in the app or tell the business as soon as you can. We will review the match and correct it where appropriate.
5Paying for purchases
In short
Loylpay never handles your money. You pay the café, and the café is responsible for what it sells you.
Loylpay does not take or process payment for goods or services sold by a business. You pay the business directly using the payment methods it accepts. The business is responsible for its products, prices, service, refunds and any consumer guarantees that apply to its sale.
6Business loyalty programmes
In short
Each café sets its own rules, shown in the app before you earn. If a café changes its rules, you get at least 30 days' notice before points you already have are affected.
Each participating business sets its own programme rules, including how points are earned, what rewards are available, any exclusions and how to redeem. The current rules are shown in the app before you join or earn under that programme. By joining or earning in a programme, you also agree to its displayed rules.
If a business changes its rules, the app will show the new rules and when they apply. Unless a change is needed immediately for legal, fraud or security reasons, a change will not take away points already earned or rewards already issued without at least 30 days' notice and a reasonable way to use them.
7Points and rewards
In short
Points show your progress with one café. They aren't cash, can't be sold or passed on, and only work at that café.
Points are records of progress in the relevant business's programme. They are not cash, cannot be sold or transferred, and can only be redeemed with the business that issued them, under that programme's rules. A reward may have its own conditions. Check those details in the app when the reward is issued.
8Corrections and reversals
In short
If points were added by mistake, for example on a refund, they can be taken off. You'll see the change, and you can ask us to review it.
A business or Loylpay may correct a points balance where a purchase is refunded, cancelled, duplicated or matched to the wrong person, or where points were credited because of a clear system error or dishonest activity. We will show the adjustment in your account where practicable.
If you disagree, contact hello@loylpay.com with the transaction details. We will review the issue and explain our decision.
9Points expiry and business closure
In short
Points expire after 12 months without activity at that café. If a café leaves Loylpay, we'll let you know, and the café is responsible for rewards it issued.
Points expire 12 months after you last earned or redeemed in that business's programme. Any earning or redeeming there resets the 12 months. The app shows the expiry rule for each programme.
If a business leaves Loylpay, closes or cannot honour a reward, Loylpay will notify affected customers where it can. The business is responsible for honouring rewards it issued. If Loylpay stops providing the service, we will give reasonable notice where possible and explain how any open rewards will be handled. Rewards may not be recoverable if a business has closed or cannot pay its debts.
10Fair use
In short
Only claim your own orders, one account each, and leave the tags alone.
You must not check in for another person, claim another person's purchase, interfere with or move a business's tag, access accounts or data that are not yours, use Loylpay to break the law, or disrupt or test the service without our written permission. Do not misuse promotions or create extra accounts to gain rewards.
11Suspension, closure and points
In short
If we suspect fraud or misuse we may pause an account while we look into it. We'll usually tell you why and give you a chance to explain before closing it or removing points.
We may temporarily restrict an account while we investigate suspected fraud, account compromise, misuse or a serious breach of these terms. Where it is practical and lawful, we will tell you why and give you a reasonable chance to explain or fix the issue before we close your account or remove points. We may act first where needed to protect accounts, customers, businesses or the service, and will explain the action as soon as reasonably possible.
We may reverse points linked to the issue. We will only forfeit other points or rewards where the breach justifies that outcome, after considering your explanation. You may ask for a review by contacting hello@loylpay.com.
12Closing your account
In short
You can leave whenever you want. Your points can't be used once your account is closed.
You can ask us to close your account at any time by emailing hello@loylpay.com. Closing your account may make your points and rewards inaccessible. We may keep information where needed for legal, security or record-keeping reasons, as explained in the Privacy Policy.
13Service availability and changes
In short
We work hard to keep Loylpay running, but it can sometimes be down, and not every visit will be matched. We'll warn you about big changes.
We work to keep Loylpay available, but the service may be interrupted for maintenance, internet, Square, hosting or other technical issues. We may change or remove features. If a change materially reduces the service or prevents a reward from being used, we will give notice where practical and explain the options available. We do not promise uninterrupted access or that every check-in or order will be matched.
14Our responsibility
In short
Your rights under Australian consumer law always apply. Beyond that, our responsibility is limited.
Nothing in these terms limits your rights under the Australian Consumer Law. To the extent the law allows, [limitation of liability wording for legal review].
15Changes to these terms
In short
If we change something that matters, we'll tell you before it applies.
We will post any changes on this page and update the date at the top. If a change matters, we will tell you in the app or by email before it applies.
16General
In short
Australian law applies. Questions? Just email us.
These terms are governed by the laws of [state or territory], Australia. Questions? Email hello@loylpay.com.