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Terms & Conditions

Coles Group Limited ABN 11 004 089 936
Date: 5th August 2024

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1. Overview

flypay is a digital wallet provided by Coles Group Limited (ABN 11 004 089 936) of 800 Toorak Road, Hawthorn East, Victoria 3123 (Coles).

Beem means Digital Wallet Pty Ltd trading as Beem.

Us, Our or We means Coles.

You/Your means you individually and any person acting as your agent, under your authority, or with your permission.

2. Notice and use of Website

Please read these Terms and Conditions carefully. By accessing this website and creating a flypay Account, www.flypay.com.auThis link opens in a new tab or window (Website), You are entering into an agreement with Us and agree to be bound by these Terms and Conditions, the Coles Privacy Policy and the Beem Privacy Policy.

Ongoing use by You of this Website and the creation and use of a flypay Account shall constitute acceptance of this agreement. If You do not agree to these Terms and Conditions, the Coles Privacy Policy and the Beem Privacy Policy, do not access this Website or create or use a flypay Account.

When using this Website, You must not:

  1. use another person’s details without their permission or impersonate another person when accessing the Website;

  2. by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any content contained on the Website;

  3. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code;

  4. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any part of the Website;

  5. create a flypay Account by automated means or under false or fraudulent pretences;

  6. take any action that imposes or that would, in Our reasonable opinion, result in an unreasonable or disproportionately large load on Our infrastructure;

  7. use the Website in any other manner or for any purpose other than the purposes stated in these Terms and Conditions and the purpose for which it was designed;

  8. use the Website for benchmarking or developing a competing product, or if You provide or intend to provide any app, service or functionality which competes with the Website;

  9. reproduce information obtained by using the Website except where such reproduction is for Your own personal non-commercial use in accordance with these Terms and Conditions;

  10. use the Website in any way that breaches Our rights or the rights of any third party or infringes any other party’s intellectual property rights or is for any unlawful, illegal or inappropriate purpose.

3. Creating an Account

flypay is a digital service that enables You, upon signing up to a flypay account (Account), to make purchases when shopping online with merchants where You see the flypay "Pay Now" button (Participating Retailers).

By creating a flypay Account, You hereby:

  1. represent and warrant that You are at least 18 years of age, an individual and a legal resident in Australia;

  2. represent and warrant that You are capable of entering into a legally binding agreement and the authorised holder of Eligible Payment Card(s);

  3. authorise Us and Beem to electronically store Your flypay Account Information; and

  4. agree to comply with these Terms and Conditions and all applicable laws, rules and regulations in connection with Your use of flypay.

4. Setting up your Account

4.1 Creating an Account

You may create a flypay Account by providing Us with the requested information at Account creation including your full name; valid email address; and valid Australian mobile number.

At Account creation, if You are an existing Beem customer with a Beem wallet, You will be prompted to use the same email address or Australian mobile number that is already registered by You to use the Beem wallet to create Your Account.

4.2 Activation Code

Upon creating Your Account, You will receive an activation code from Us to Your Australian registered mobile number and Your registered email address. You must enter this activation code online before You can proceed to set up and activate Your Account.

There is no cost for setting up Your Account but You acknowledge that text message costs may apply to You from Your mobile carrier to receive the activation code from Us.

4.3 flypay Account Information

In Your Account You may store:

  1. payment information including Your default Eligible Payment Card number and expiration date (Payment Information);

  2. Your default delivery address;

  3. additional Payment Information (including storing up to five (5) Eligible Payment Cards) and alternate addresses;

  4. Your Flybuys account details; and

  5. Your mycoles card number.

All the information provided by You during the Account set-up is referred to in these Terms and Conditions as "flypay Account Information".

You acknowledge:

  1. We do not guarantee the flypay Account information provided by You and do not accept any liability for inaccuracies. You should therefore ensure that the flypay Account information You provide is true and correct;

  2. subject to clause 3 below, You own Your uploaded flypay Account information and you grant to Us a license to use, display, copy, modify, adapt, aggregate, deal with and publish (subject to the Coles Privacy Policy to the extent it applies to Your uploaded flypay Account information) and all intellectual property rights in respect thereof for the purpose of providing flypay (including but not limited to providing, maintaining, supporting and developing flypay);

  3. We own and may use, display, copy, modify, adapt, aggregate, deal with and publish in any way, all data (including data derived from uploaded flypay Account information) in the Website that is de-identified. This right survives termination of these Terms and Conditions;

  4. We may send email communications to Your nominated email address upon setting up Your Account and at any time You update your flypay Account information and when You make a successful payment. If You receive any email communication from Us and You have not updated your flypay Account Information or otherwise consented to this email communication, please Contact Us;

  5. We may provide marketing communications and targeted advertising to You on an ongoing basis by telephone, electronic messages (e.g. email), Our digital services and other means. These communications may relate to products and services We provide and products which may be of interest to You. Unless You tell Us that You no longer wish to receive these communications, We will infer that Your consent is current and will continue to apply unless You indicate that You no longer wish to receive direct marketing information from Us. If You do not wish to receive direct marketing information from Us, please Contact Us or login to your Account at flypay.com.au at any time to opt-out of electronic and telephone direct marketing communications;

  6. flypay stores payments details from all credit, debit and prepaid payment cards issued by the following schemes: eftpos, Mastercard, Visa, and American Express in Australia (Eligible Payment Card);

  7. flypay may change any of these Terms and Conditions where it is in Our legitimate interests to do so. We will provide You with reasonable Notice of any changes, unless they have a neutral or beneficial effect on You;

  8. When You choose to save and store Your Payment Information in Your Account, You consent to:

    1. Your Eligible Payment Card details being stored to your Account for use only to be retrieved and presented as a payment method for future purchases You may make; and

    2. flypay notifying You of any changes to these Terms and Conditions by providing You with reasonable Notice in accordance with subclause 7 above;

  9. When You choose to save and store Your Flybuys account details, including Your Flybuys card number in Your Account:

    1. You consent to Your Flybuys card number being stored so that it can be retrieved and presented for future purchases You may make;

    2. You will earn Flybuys points on qualifying transactions when You make Your payment to the Participating Retailer using flypay. The Participating Retailer must also be a Flybuys partner in order for Your transaction to be eligible for Flybuys points;

    3. You may choose to use Your Flybuys points to make Your payment or part payment, if this is supported by the Participating Retailer;

    4. You agree that it is Your responsibility for ensuring that You have entered Your Flybuys account details, including Flybuys card number, correctly and You update them as necessary;

    5. You acknowledge that Flybuys only facilitates the earning and redemption of Flybuys points through flypay, and does not otherwise have control over and is not responsible or liable for the operation of flypay or the Website. You also acknowledge that We are not responsible for managing, allocating or redeeming Flybuys points and that standard Flybuys Terms and ConditionsThis link opens in a new tab or window and Rewards Terms and ConditionsThis link opens in a new tab or window apply. See flybuys.com.auThis link opens in a new tab or window for details on eligible Flybuys Participating Retailers and which transactions qualify for the purposes of earning and redeeming Flybuys points using flypay.

    6. Participating Retailers also have their own terms and conditions relating to: (i) their awarding of Flybuys points (subject to change), available at flybuys.com.auThis link opens in a new tab or window; and (ii) the number of Flybuys points required to be redeemed per dollar, and the minimum and maximum number of Flybuys points which can be redeemed in connection with a qualifying transaction. These terms are available during Your check out process with the Participating Retailer prior to Your completion of the transaction.

    7. You agree to the terms and conditions relating to use of Your Flybuys card, available at flybuys.com.auThis link opens in a new tab or window.

  10. When You choose to save and store Your mycoles discount card number in Your Account:

    1. You consent to Your mycoles discount card number being stored so that it can be retrieved and presented for future purchases You may make;

    2. You agree that it is Your responsibility for ensuring that You have entered Your mycoles discount card number correctly and You update it as necessary;

    3. You agree to the terms and conditions relating to use of mycoles discount card, available at mycoles.

5. Managing Your flypay Account Information

You can manage Your flypay Account Information at any time by updating Your flypay Account Information using the "Account overview" tab in Your Account.

You can change or remove Payment Information, addresses, Your linked Flybuys account or Your mycoles card number at any time.

You are responsible for maintaining up to date and accurate flypay Account Information.

Upon updating Your Account, We may send a confirmation email to Your registered email address as a security measure.

If You have a Beem wallet, Your flypay Account Information will be updated to share the same profile details (including your Payment Information and default delivery address) saved in your Beem wallet.

6. Your security

6.1 Your responsibilities

You are responsible for maintaining adequate security and control of any and all usernames, passwords, personal identification numbers (PIN) or any other codes that You use to access Your Account (including and any applicable passcodes or biometric identification features to access Your devices).

You must take all reasonable steps to stop the unauthorised access to or use of Your Account or any flypay Account Information.

7. Payments

7.1 Using flypay

To use flypay, You must have an Eligible Payment Card stored to Your Account.

7.2 Making a payment

Upon clicking the flypay "Pay Now" or “Proceed” button, You authorise Us, and We will subject to 7.2(6) below, make available Your nominated Payment Information to a Participating Retailer, for purchases You choose to make (Transaction). You acknowledge and agree that:

  1. In providing this digital wallet, We are not making or facilitating the payment, We are not the issuer of the payment card or the Flybuys card number nominated by You in Your Account and each third party has their own terms and conditions. Nothing in these Terms and Conditions or Your use of flypay modifies the terms of any such agreement;

  2. You are responsible for ensuring that You comply with these Terms and Conditions including responsibility for all charges, debits and taxes that result from the Transaction;

  3. We make no representations or warranties and cannot guarantee that the parties who issue Your Eligible Payment Card or Flybuys who issues Your Flybuys card number, will facilitate, approve or honour Your Transactions;

  4. Participating Retailers have their own terms and conditions in relation to Transactions including without limitation the payment method it may accept, the delivery address following payment for the Transaction and any processing fees, charges and taxes. Please refer to the Participating Retailers website for more information;

  5. We do not have control over, and are not responsible for, any products purchased by You from Participating Retailers and cannot guarantee that a Participating Retailer will complete or honour Your Transaction;

  6. Your Transaction may also not proceed if:

    1. there is an error in the Payment Information provided by You;

    2. We suspect (acting reasonably) fraudulent activity;

    3. Your Transaction is in breach of these Terms and Conditions or contrary to any law;

  7. We may repair, maintain and introduce new features to flypay from time to time and in order to do this, We may temporarily restrict Your access to flypay, but We will endeavour to provide prior Notice to You (where possible).

7.3 De-linking

You acknowledge that if You do not link, or choose to delink, Your Flybuys card from Your Account, You will not be able to (i) earn Flybuys points on qualifying Transactions completed using flypay unless You manually enter Your Flybuys card number or use Your Flybuys card prior to completing a Transaction, or (ii) redeem Flybuys points to make payment or part payment with Participating Retailers using flypay.

You acknowledge that if You do not link, or choose to delink, Your mycoles card from Your Account, You will need to manually enter Your mycoles card number or use Your mycoles card prior to completing a Transaction.

8. Issues with payment Transactions or Flybuys points

Your Transaction history is available for You to view, search and filter under the Transactions tab in Your Account.

If You identify an issue with a Transaction, You can:

  1. direct any issue in relation to Your payment, to the bank or financial institution that issued the Eligible Payment Card including if:

    1. You believe a fraudulent purchase has been made with Your Account;

    2. You dispute a Transaction made utilising Your Account.

  2. direct any product related issue in relation to a Transaction to the Participating Retailer including change in delivery address; delay in delivery; incorrect charge; defective or faulty goods and any refund request. In some cases, processed refunds may appear in the Transaction history in Your Account;

  3. direct any issue in relation to the collection and redemption of Flybuys points to Flybuys. More information can be found at flybuys.com.auThis link opens in a new tab or window.

  4. Contact Us with any other issue or concern.

You acknowledge and agree that:

  1. flypay is not a payment facility and is not a new payment method to make payments to third parties;

  2. flypay is not a payment ecosystem that allows You to direct payments to any other member;

  3. Our role is limited to providing the technological infrastructure to create virtual representations of Eligible Payment Cards only and We are not responsible for the processing of any payments through the Eligible Payment Cards or for receiving, holding or transferring Your funds or have any other control over payments, returns, chargebacks, refunds or discounts that may arise out of Your use of Eligible Payment Cards through flypay;

  4. We have no obligation to You regarding the delivery of any funds to any Participating Retailer or third party. These matters are dealt with by the issuer of the payment card or third parties associated with each of the Eligible Payment Cards;

  5. We do not hold, and are not required to hold, an Australian financial services licence under the Corporations Act 2001 (Cth) in order to provide flypay.

9. Closing Your flypay Account

You may close Your Account at any time through the Website. By closing Your Account You acknowledge:

  1. You will no longer be able to use flypay for Transactions, including for earning Flybuys points;

  2. You will no longer be able to access past Transactions;

  3. some information including personal information will still be held by Us and Beem for a period of up to 7 years. This information will be held in accordance with the Coles Privacy Policy and the Beem Privacy Policy.

10. Intellectual Property Rights

You acknowledge that We or Our related bodies corporate, own or are licensed to use all intellectual property rights in flypay, including any images, photographs or text that appears on the flypay website. You must not make any representation to the contrary and You must not use or copy flypay in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trade marks or logos that appear on the flypay website are owned by or licensed to Us or Our related bodies corporate, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

11. Third Party Websites

This Website contains links to websites controlled by third parties including some Participating Retailers. We are not responsible for any content on third party websites nor does it endorse or approve those websites. If You choose to visit third party websites You do so at Your own risk and should make Your own enquiries before relying on any content You view there.

We make no representations that third party websites do not infringe anyone's Intellectual Property Rights.

12. Limitations of Liability

12.1 We will use reasonable skill and care in providing the flypay service to You. We may however not provide this service to You due to causes beyond Our reasonable control.

12.2 We have no responsibility for the authenticity, validity, accuracy or completeness of the Payment Information You provide and We make available on Your behalf.

12.3 We do not warrant or guarantee:

  1. the accuracy or completeness of any information available on the Website;

  2. that access to the Website will be uninterrupted or error free;

  3. that any defects will be corrected immediately; or

  4. that the Website will be free from viruses or other contamination.

12.4 Except where prohibited by law, Coles, Flybuys and their agents will not be liable for any loss including any liability, costs, expenses, claim, proceeding, action, demand or damage of any kind (Loss) that may arise as a result of use of the Website, including use of any information on it, unauthorised access to or use of Your Account or any Flypay Account Information, except to the extent it is caused by Our negligence, fraud or wrongful act or omission.

12.5 Subject to clause 12.6, We are responsible for Loss suffered by You as a result of:

  1. negligence, fraud or wrongful act or omission; or

  2. a serious breach of these Terms and Conditions by Us,

if that Loss was reasonably foreseeable at the time.

12.6 Subject to 12.5 and to the extent permitted by law, both parties release and discharge each other, from all forms of direct, special, indirect or consequential loss (including loss of profits, loss of data, or loss that may reasonably have been supposed to have been in the contemplated of the parties as at the date of these Terms and Conditions) arising out of or in connection with these Terms and Conditions (including the installation, downloading, use or performance of any software relation to the Website).

13. Termination

13.1 These Terms and Conditions will be effective until terminated by You or Us.

13.2 We may terminate or suspend Your use of flypay by providing reasonable prior Notice to You if We cease to provide the flypay payment service or if:

  1. We reasonably believe the information You provide is false, inaccurate, not current or incomplete;

  2. We reasonably suspect You of engaging in any fraud or other illegal activity;

  3. one or more of the Eligible Payment Cards You have nominated is cancelled, blocked or suspended;

  4. directed to do so by an issuer of a nominated debit or credit card or an applicable card network (for example, in circumstances of suspected fraud); or

  5. We reasonably believe You have materially breached these Terms and Conditions or any law that applies to Your use of flypay.

13.3 You may terminate these Terms and Conditions with respect to flypay for any reason at Your convenience by ceasing use of flypay and closing Your Account.

14. Data collection and Your privacy

By using flypay you acknowledge that Our collection, use and disclosure of your personal information will be in accordance with the Privacy Collection Notice, the Coles Privacy Policy and the Beem Privacy Policy.

15. Notices and Contact Us

We may send You notices including any updates to these Terms and Conditions, by email, conventional mail or notice on the flypay Website. Notice is effective the day Notice is received, or such later date as specified in the Notice.

You may give Notice to flypay by contacting Us via email at customercare@flypay.com.au. Please refer to the Website for other ways to contact Us.

16. Severability

Each provision of these Terms and Conditions is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

17. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia.

18. General

We provide flypay in conjunction with other entities. While We remains responsible to You for all obligations under these Terms and Conditions regarding Your use of flypay, You acknowledge and agree that this service is subject to the ongoing operational capacity of other entities (including Beem) that may be subject to different terms, capabilities and service levels.