Terms of Use for eftpos Click to Pay 

1. Acceptance

1.1. These Terms of Use (“Terms”) govern your access to and use of the eftpos Click to Pay Service (“Service”). By using the Service at Participating Merchants, you acknowledge and agree to be bound by these Terms.

1.2. If you do not agree to these Terms, do not use the Service. You may cease using the Service at any time.

1.3. These Terms are in addition to (and do not replace) any terms and conditions that apply to:

(a) your eftpos card(s) issued by your participating financial institution (“Participating Issuer”), including cardholder terms and privacy notices; and/or

(b) Participating Merchant terms of sale and website/app terms.

2. Definitions

• Consumer Profile: means a profile created and maintained by a Participating Issuer in the SRC System for a cardholder.
• Digital Card: means a representation of your eligible eftpos card for use with the Service.
• EMVCo SRC or SRC: means the Secure Remote Commerce specifications and related system capabilities published by EMVCo.
• SRC Participating Issuer (SRCPI): means a financial institution that has integrated with the SRC System for eftpos Click to Pay enrolment and management.
• Participating Merchant: means an online merchant that has integrated with the Service for checkout.
• SRC System: means the component of the EMVCo SRC framework operated by or on behalf of eftpos that provides the functions and interfaces required to support eftpos Click to Pay in accordance with EMVCo SRC specifications.
• Trusted Device: means a device marked as trusted in the Consumer Profile for streamlined checkout.

3. Service description

3.1. The Service enables you to use your enrolled tokenised Digital Card(s) to make online purchases at Participating Merchants through a streamlined checkout experience consistent with EMVCo SRC.

3.2. The Service does not issue cards, provide credit, hold deposits, or provide any financial product. All card account features, fees, and disputes are governed by your Participating Issuer.

3.3. eftpos operates the Service but does not directly enrol individuals, does not directly collect personal information from individuals for the Service, and does not access the personal information stored within the SRC System.

4. Eligibility

4.1. You must:

(a) hold an eligible eftpos card with a Participating Issuer;

(b) have capacity to enter into these Terms; and

(c) use the Service only in accordance with applicable laws.

4.2. The Service is intended for use where eftpos is accepted online by Participating Merchants. Availability may vary by merchant, device, browser, or region, and may change without notice.

5. Enrolment & participation

5.1. Enrolment of cardholders in the Service occurs only through Participating Issuers as eftpos does not enrol consumers. The creation and management of your Consumer Profile will be governed by the terms you agree with your Participating Issuer.

5.2. If you have cards with more than one Participating Issuer, each Issuer may separately enrol and manage its own Consumer Profiles.

5.3. Your Participating Issuer may support marking a device as a Trusted Device to streamline future checkout. You may be able to manage trusted devices via your Participating Issuer.

5.4. Your email address is the primary identifier for your Consumer Profile. Keep this and your mobile number current with your Issuer to avoid checkout failures or security prompts.

6. Merchant acceptance & checkout

6.1. When you select Click to Pay at a Participating Merchant, the Service may present one or more of your Digital Cards for selection, subject to merchant capabilities and your Participating Issuer’s settings.

6.2. eftpos is not a party to your transaction with the Participating Merchant and is not responsible for order fulfilment, delivery, quality, refunds, returns, pricing errors, or customer service for merchant products.

7. Authentication & credentials

7.1. You may be required to authenticate during checkout (e.g. one-time codes, passcodes, or other factors) according to your Participating Issuer’s or Participating Merchant’s risk settings. eftpos may send you text messages (SMS) or emails for this purpose. By using eftpos Click to Pay, you consent to receiving such messages for verification and service-related purposes. These messages will not be used for marketing or promotional purposes.

7.2. You must keep your authentication methods, device security features, and email account secure, and you must not share them with anyone.

7.3. You are responsible for maintaining the security of Trusted Devices. If you suspect compromise, immediately notify your Participating Issuer and remove or update device trust as directed.

7.4. Standard text, data, or messaging charges from your telecommunications provider may apply when you receive or send verification messages related to eftpos Click to Pay.

8. Transaction routing and network selection

8.1. eftpos Click to Pay supports merchant choice routing functionality. This means that when you make a purchase using eftpos Click to Pay, a Participating Merchant or its payment service provider may select which payment network will process your transaction if your card is enabled for more than one payment network. Where available, the merchant or its payment processor may choose to route your transaction via the eftpos network. This may result in your transaction being processed through eftpos rather than another payment network linked to your card.

8.2. The routing choice does not change the amount you pay or your obligations to the Participating Merchant, but it may affect how the transaction appears on your statement, which network’s rules apply, and how your Issuer manages the transaction. Routing decisions are made by the merchant or its payment service provider, not by you or by eftpos.

9. Data governance, privacy & access rights

9.1. eftpos has no access rights to your personal information held within the SRC System. The collection of personal information is entirely controlled by your Participating Issuer in accordance with any terms you have with that Issuer and applicable privacy laws.

9.2. Access to clear text personal information and other sensitive fields within your Consumer Profile is restricted to your Participating Issuer and to application components that require such access to perform their operational role within the SRC System.

9.3. eftpos receives personal information only indirectly, via Participating Issuers’ secure API connections, and uses it solely to enable and support eftpos Click to Pay functionality. eftpos does not independently verify, modify, or enrich this information and has no right to do so. eftpos relies on the data provided by Participating Issuers as being correct for the purposes of enabling the Service.

9.4. As eftpos does not control the personal information stored in the SRC System, it is not practicable for you to request access to or correction of personal information directly from eftpos in connection with eftpos Click to Pay. Requests for access or correction must be directed to the relevant Participating Issuer.

9.5. For more information about how eftpos handles personal information, including how to make a privacy enquiry or complaint, please refer to the AP+ Privacy Policy, available at: https://www.auspayplus.com.au/privacy-policy.

10. Security

10.1. The Service is designed to align with EMVCo SRC specifications and eftpos implements reasonable administrative, technical, and physical measures to protect the Service. All data, including personal information, is encrypted in transit and at rest using strong cryptographic protocols to ensure confidentiality and integrity. While we take reasonable steps to support secure operation of the Service, no method of transmission or storage is completely secure, and eftpos cannot guarantee absolute security.

11. Fees

11.1. eftpos does not charge you a direct fee to use the Service. The Participating Merchant may charge fees in accordance with their terms.

12. Prohibited uses

12.1. You must not use the Service to:

(a) violate any law, regulation, or court order;

(b) engage in fraud, scams, or unauthorised transactions;

(c) infringe intellectual property or privacy rights;

(d) interfere with or disrupt the Service or SRC System;

(e) attempt to gain unauthorised access to any system or data; or

(f) introduce malicious code or use automated means to access the Service.

13. Intellectual property

13.1. All intellectual property in the Service (including trademarks, logos, software, documentation, and interfaces) is owned by eftpos or its licensors. No rights are granted to you other than the limited right to use the Service as permitted by these Terms.

14. Service availability, changes & maintenance

14.1. The Service may be modified, suspended, or discontinued (in whole or in part) by eftpos at any time, including for maintenance, security, legal compliance, or operational reasons.

14.2. eftpos may introduce new features or remove features without notice. Some features may be subject to additional terms.

14.3. Availability may depend on third-party components (e.g., networks, browsers, Participating Merchant integrations, Participating Issuer integrations). eftpos does not warrant uninterrupted or error-free operation.

15. Warranties & disclaimers

15.1. To the maximum extent permitted by law, the Service is provided “as is” and “as available”.

15.2. To the extent permitted by law, eftpos makes no representations, warranties, or guarantees, express or implied, regarding the performance, availability, reliability, or suitability of the Service for any particular purpose.

15.3. eftpos does not guarantee that the Service will be uninterrupted, error-free, or free from unauthorised access or interference.

15.4. Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, or warranty that cannot be excluded under the Australian Consumer Law or any other applicable law. Where such a guarantee, condition, or warranty applies and cannot be excluded, eftpos limits its liability (where lawful to do so) to, at its option, the resupply of the relevant services or the payment of the cost of having the services resupplied.

16. Liability

16.1. To the maximum extent permitted by law, eftpos is not liable for any loss, damage, cost, or expense (whether direct, indirect, or consequential) arising out of or in connection with your use of the Service, including (without limitation):

(a) errors or inaccuracies in data provided by Participating Issuers;

(b) unauthorised access to, or use of, your card, Consumer Profile, or devices;

(c) actions or omissions of merchants, including order fulfilment, pricing, quality, goods or services, refunds, or delivery;

(d) interruptions, delays, or failures of systems, networks, software, or third-party providers, or other events beyond eftpos’ reasonable control; or

(e) loss of profits, revenue, business, goodwill, data, or anticipated savings.

16.2. Nothing in these Terms operates to exclude, restrict, or modify any liability of eftpos for breach of a guarantee, condition, or warranty that cannot be excluded under the Australian Consumer Law or any other applicable law.

16.3. Where liability under any non-excludable guarantee, condition, or warranty applies, and to the extent permitted by law, eftpos’ liability is limited, at its option, to:

(a) the resupply of the relevant services; or

(b) the payment of the cost of having those services resupplied.

16.4. Subject to the above and to the extent permitted by law, eftpos’ total aggregate liability for all claims arising out of or in connection with the Service will not exceed AUD $100 per incident and AUD $500 in aggregate in any 12-month period.

17. Suspension & termination

17.1. You may stop using the Service at any time. To de-enrol or remove a Digital Card or device trust, contact your Participating Issuer.

17.2. eftpos may suspend or terminate the availability of eftpos Click to Pay to you where:

(a) necessary to address security, fraud, or operational risks;

(b) required by law, regulation, or at the direction of a regulator;

(c) your Participating Issuer is no longer integrated with the Service; or

(d) the continued operation of the Service (or any component of it) would compromise system integrity or network stability.

17.3. Access to the Service may also be suspended or terminated by your Participating Issuer in accordance with its own terms and policies.

18. Changes to these Terms

18.1. eftpos may update these Terms from time to time. If you continue to use the Service after the effective date of updated Terms, you are deemed to accept them.

19. Third-party services

19.1. The Service may interoperate with third-party platforms, APIs, and services (including Issuer systems and merchant gateways). eftpos is not responsible for third-party terms, privacy practices, or performance.

19.2. Your use of such third-party services is governed by their terms. You should review those terms and privacy notices.

20. Governing law & jurisdiction

20.1. These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.

21. General

21.1. These Terms constitute the entire agreement between you and eftpos regarding the Service and replace any prior representations, communications or understandings about the Service.

21.2. If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down or, if necessary, severed so that the remainder of these Terms continues in full force and effect.

21.3. A delay or failure by eftpos to exercise a right or remedy under these Terms does not operate as a waiver of that right or remedy. Any waiver must be in writing.

21.4. You must not assign or transfer your rights or obligations under these Terms without eftpos’ prior written consent. eftpos may assign or transfer its rights or obligations under these Terms in connection with a reorganisation, merger or transfer of its business, provided that such assignment does not materially affect your rights under these Terms.

21.5. To the extent permitted by law, eftpos is not liable for any delay or failure to perform its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to power or telecommunications failures, cyber incidents, natural disasters, or actions of a government or regulator. eftpos will take reasonable steps to minimise the impact and to resume normal operation as soon as practicable.