These Terms of Service ("Terms") govern your use of the payment processing services, software, hardware, and related products ("Services") provided by Touch2Pay PTY LTD ("Touch2Pay", "we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating a merchant account, using our payment terminals, online payment gateway, or any other Touch2Pay service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use our Services.
2. Services
Touch2Pay provides payment processing services including but not limited to:
- In-store payment terminal solutions (countertop and portable devices)
- Online payment gateway and checkout APIs
- B2B invoicing and automated billing
- Merchant dashboard for transaction management and reporting
We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice. We will notify you of any material changes that affect your use of the Services.
3. Merchant Account
To use our Services, you must apply for and be approved for a Touch2Pay merchant account. You agree to:
- Provide accurate, complete, and current information during the application process
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorised access to your account
- Be responsible for all activity that occurs under your account
We reserve the right to refuse, suspend, or terminate any merchant account at our discretion, including in cases of suspected fraud, violation of these Terms, or regulatory requirements.
4. Fees and Payment
Our standard transaction fee is 1.4% per transaction. Additional fees may apply for:
- Terminal rental or purchase
- Chargebacks and disputes
- International card transactions
- Custom API integrations or premium support
All fees are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise. We will provide you with a fee schedule upon account approval. We reserve the right to change our fees with 30 days written notice.
Transaction fees are deducted from your settlement amount before funds are transferred to your nominated bank account. Settlements are processed on the next business day.
5. User Obligations
As a Touch2Pay merchant, you agree to:
- Use the Services only for lawful business purposes
- Comply with all applicable laws, regulations, and card network rules (Visa, Mastercard, etc.)
- Not process transactions for prohibited goods or services, including illegal items, counterfeit goods, or restricted substances
- Maintain proper records of all transactions processed through our Services
- Respond promptly to chargeback requests and provide supporting documentation
- Not attempt to reverse-engineer, decompile, or tamper with our software or hardware
- Handle all customer payment card data in accordance with PCI-DSS requirements
- Display the accepted payment methods clearly at your place of business
6. Terminal Hardware
If you rent or purchase payment terminal hardware from Touch2Pay:
- Rented terminals remain the property of Touch2Pay and must be returned in good condition upon termination of service
- You are responsible for the care and safekeeping of the terminal equipment
- You must not modify, disassemble, or tamper with the terminal hardware
- Hardware defects covered under warranty will be replaced at no cost
- Damage caused by misuse, neglect, or unauthorised modification is your responsibility
7. Limitation of Liability
To the maximum extent permitted by law:
- Touch2Pay provides the Services "as is" and makes no warranties, express or implied, regarding the reliability, availability, or fitness for a particular purpose of the Services
- Touch2Pay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services
- Our total liability for any claim arising from the Services shall not exceed the total fees paid by you to Touch2Pay in the twelve (12) months preceding the claim
- We are not liable for any loss or damage caused by system outages, network failures, or force majeure events beyond our reasonable control
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.
8. Indemnification
You agree to indemnify and hold harmless Touch2Pay, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Services
- Your breach of these Terms
- Your violation of any law or regulation
- Any dispute between you and your customers
9. Termination
Either party may terminate this agreement with 30 days written notice. Touch2Pay may also terminate or suspend your account immediately if:
- You breach any material provision of these Terms
- We are required to do so by law or regulatory direction
- We reasonably suspect fraudulent or illegal activity on your account
- Your chargeback rate exceeds acceptable thresholds set by card networks
Upon termination:
- All outstanding fees and charges become immediately payable
- Rented terminal hardware must be returned within 14 days
- We will process any remaining settlements owed to you, less any applicable fees or reserves
- Your access to the merchant dashboard and APIs will be revoked
10. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Queensland.
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiation for a period of at least 30 days.
11. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable fee schedule, constitute the entire agreement between you and Touch2Pay.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent.
- Amendments: We may amend these Terms at any time by posting the updated version on our website. Continued use of the Services after amendments constitutes acceptance.
12. Contact Us
If you have any questions about these Terms, please contact us: