Terms & Conditions

Compare Payments (ABN [98661326925]) (“We” or “we” or “our”) website or app is a referral service for comparison of fees charged by third party merchant service providers. We provide factual information only and do not provide financial advice. 

We refer all enquiries that are initiated on this website to those third party merchant service providers who are licensed to provide their respective products and quotes. 

On completion of our online form, we will forward the information you have provided in the form to relevant third-party merchant service  providers in order for them to provide you with a quote and contact you about their products and services. 

You consent to us doing so by submitting the form. 

We receive marketing and referral fees from financial institutions for making these introductions. We don't recommend any products, services, or providers. Although we cover a wide range of products and services, we don't cover every product, provider, or service available in the market and for some products or services, we may not have a large selection of providers on board, so there may be other options available to you outside of our services.

Merchant Services Provider services and Third Parties

A merchant service provider from whom we receive marketing and referral fees will contact you by telephone after you submit your form. During that telephone call, the merchant services provider  will discuss your options in more detail. During this call and other subsequent communications, you will be dealing with a third party and not Compare Payments.

Compare Payments does not guarantee the accuracy of information on any third party website or any information given in any other subsequent communication, including information provided by contributors or third parties at any particular time. You must not rely on this information to make a financial or investment decision. Compare Payments provides a referral service to demonstrate the most cost-effective choice at the time of engagement. We do not guarantee or warrant the information for any products or services will be available for any particular time period or on the same pricing and terms.  

Usage and Disclosures 

By submitting your details on this website, you agree with Compare Payments using your details and supplying them to other organisations (who may be located overseas in a wide range of countries including but not limited to NZ, US, EU, and Philippines) for purposes set forth in our Privacy Policy and for: 

• sending you information, offers, and promotions about products and services (Offers) by mail, phone/SMS/MMS, or email

• incorporating your details in any information products and information management services to provide to Compare Payments clients; and

• administering your details including improving and personalising Offers

• verifying and assessing your identity, maintaining, and updating records. 

Please note that we may also collect information from other sources such as your browser information from cookies and other technology to add to your details. You agree that we can use your details for an indefinite period or until you notify us or opt-out from receiving offers.

We do receive referral  fees from organisations including financial institutions. You should always read their corresponding terms & conditions and any product disclosure statement before making any decision. By submitting your details on this site, you have read and understood and are agreeing to the Terms of Service and the Privacy Policy. Additionally, by submitting your details, your confidential business information, such as the following may be disclosed to third parties:

• business industry

• average monthly turnover 

• merchant service fees per month 

• business geographical location 

• name

• email address mobile number 

Please note that the mere collection and transmission of information is not considered "dealing" in a financial product or service under section 766C of the Corporations Act.

Disclaimer of Liability

To the maximum extent permitted by law (and subject to our liability under any consumer guarantee that may apply), in no event will we be liable to you for any loss or damage of any kind (including consequential loss) arising out of or in connection with:

• Your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf, or any of the Compare Payments services;

• Delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf and any of the Compare Payments services;

• Viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf or any of the Compare Payments services or any website or service linked to our websites, software or any of the Compare Payments services;

• Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf or any of the Compare Payments services or in the information and graphics obtained from them; and

• The content, actions, or inactions of third parties.

To the extent our liability is not otherwise limited by this part, and to the maximum extent permitted by applicable law, Compare Payments is not liable for consequential loss.

To the maximum extent permitted by law, our liability for any breach or non-compliance is limited to doing one or more of the following (at our election): resupplying the services or payment of the cost of such re-supply or a maximum limit of $1000.

No warranty

• The Compare Payments services are provided “as-is” and no condition or warranty in relation to any services supplied by Compare Payments is to be implied in this agreement, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

• Compare Payments does not guarantee continuous, uninterrupted or secure access to any part of the Compare Payments services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf may be interfered with by numerous factors outside of our control.

Your obligations

You must not

• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or Compare Payments services.

• Use an anonymising proxy.

• Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission.

• Use any device, software or routine to bypass our robot exclusion headers.

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Compare Payments services) operated by us or on our behalf, any of the Compare Payments services or other users' use of any of the Compare Payments services.

• Use the Compare Payments services to test credit card behaviours.

• Harass and/or threaten our employees, agents, or other users.

Intellectual Property

"ComparePayments.com," "Compare Payments," and all logos related to the Compare Payments services are either trademarks or registered trademarks of Compare Payments, Inc. or its licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Compare Payments. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Compare Payments for the purpose of directing web traffic to the Compare Payments services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Compare Payments or the Compare Payments services or display them in any manner that implies Compare Payments's sponsorship or endorsement. All right, title and interest in and to the Compare Payments websites, any content thereon, the Compare Payments services, the technology related to the Compare Payments services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Compare Payments and its licensors.

Governing law

This agreement is governed by the law in force in New South Wales.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Severability

If any provision of this agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. This agreement will otherwise remain in full force and effect and be enforceable.

Court

Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Alternative dispute resolution

We may consider using alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in New South Wales, Australia or another location mutually agreed upon by the parties.