Terms of Service

These Terms of Service (“Terms”) govern access to and use of the 2PAY platform, website, and related services (together, the “Service”) provided by 2PAY Pty Ltd (“2PAY”, “we”, “us”, or “our”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a practice, organisation, or other entity, you confirm that you have authority to bind that entity. If you do not agree to these Terms, you must not access or use the Service.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service, whether on your own behalf or on behalf of a medical practice or other organisation. You are responsible for providing accurate account information and for keeping your login credentials confidential and secure.

Access within the Service is governed by roles (such as Practice Manager, Doctor, or 2PAY Admin) and by the organisation (tenant) an account belongs to. You must notify us promptly at support@2pay.com.au if you become aware of any unauthorised use of your account or a security breach.

Access to the Service is provided on a subscription and/or transaction-fee basis as agreed with your practice at onboarding or as otherwise notified to you. Unless expressly stated otherwise, fees quoted are exclusive of GST, and GST will be added to invoices at the prevailing rate (currently 10%) in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Where applicable, service fees are calculated and deducted from distributions in accordance with the fund-flow and service-fee settings configured for your practice.

We may change our fees from time to time. Where a fee change applies to your existing subscription, we will give you at least 30 days' notice before the change takes effect. If fees are not paid when due, we may suspend or terminate access to the Service in accordance with the Termination section below.

You must not, and must not permit any third party to:

• use the Service for any unlawful purpose or in a way that breaches any applicable law or regulation, including laws governing Medicare and MBS billing;
• attempt to gain unauthorised access to the Service, other tenants' data, or our systems, or attempt to circumvent tenant isolation or security controls;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law;
• upload or transmit malicious code, or use the Service to interfere with its operation or that of any other user;
• submit fraudulent, misleading, or duplicate invoices, billing records, or payment instructions; or
• use the Service in a manner that infringes the intellectual property or other rights of any third party.

2PAY provides software-as-a-service technology for billing, service-fee calculation, ledger reconciliation, and fund distribution. 2PAY is not a bank or authorised deposit-taking institution, does not hold an Australian financial services licence, and does not provide financial product advice, credit, or banking services. Payment processing and fund transfers are carried out by, or in conjunction with, third-party licensed payment providers and payment system participants.

Nothing in the Service or these Terms constitutes financial, tax, legal, or accounting advice within the meaning of the Corporations Act 2001 (Cth) or otherwise. You remain solely responsible for the accuracy of billing information you submit and for your own tax, accounting, and regulatory compliance, and you should seek independent professional advice where required.

The Service, including its software, design, text, graphics, and the 2PAY name and logo, is owned by or licensed to 2PAY and is protected by copyright, trade mark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your practice's internal business purposes.

As between you and 2PAY, you retain ownership of the data you or your practice submit to the Service (“Customer Data”). You grant 2PAY a licence to host, process, and use Customer Data solely to provide, maintain, and improve the Service and as otherwise described in our Privacy Policy.

Each party must keep confidential any non-public information disclosed by the other party in connection with the Service, and must not use or disclose that information except as necessary to perform its obligations, as required by law, or with the other party's consent. This obligation does not apply to information that is or becomes publicly available other than through a breach of these Terms, and it continues after these Terms end.

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we exclude all warranties, whether express or implied, in connection with the Service. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

To the extent permitted by law, and other than in respect of liability that cannot be limited by law (such as liability for death or personal injury caused by negligence, or liability for fraud), our aggregate liability arising out of or in connection with the Service is limited to the total fees paid by your practice to us in the 12 months preceding the event giving rise to the claim, and we are not liable for any indirect, special, or consequential loss.

Either party may terminate a subscription in accordance with the terms agreed at onboarding or by giving the notice period specified in your subscription arrangement. We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees when due, or use the Service unlawfully or in a way that risks harm to 2PAY, other users, or third parties.

On termination, your right to access the Service ends, but you remain liable for any fees accrued before termination. We will make Customer Data available for export for a reasonable period (at least 30 days) following termination, after which we may delete it in accordance with our data retention practices. Provisions of these Terms that by their nature should survive termination — including intellectual property, confidentiality, warranties and liability, and governing law — continue to apply.

These Terms, and any dispute arising out of or in connection with them or the Service, are governed by the laws of Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.

We may update these Terms from time to time to reflect changes to the Service, our business, or the law. We will post the updated Terms on this page with a revised “Last updated” date and, where changes are material, take reasonable steps to notify you, such as by email or an in-app notice. Your continued use of the Service after an update takes effect constitutes your acceptance of the revised Terms.

2PAY Pty Ltd
ABN 92 671 936 575
Brisbane QLD 4000, Australia
Email: support@2pay.com.au