Terms & Conditions

These consumer terms and conditions form the basis of your Payright Account.  

If you have any Payright Products, your Agreement with us is made up of these Terms and Conditions together with any: 

  • Application; 
  • Product Terms and Conditions; and 
  • Any Financial Table issued to you. 

Where these Terms and Conditions contradict any Product Terms and Conditions, the Product Terms and Conditions will prevail. 

  1. How to register for your Payright Account

1.1 You can register for a Payright Account by completing the steps set out in your first Application for a Payright Product and agreeing to these Terms and Conditions.

  1. Your representations

2.1 By accepting these Terms and Conditions you acknowledge that Payright has agreed to register your Payright Account. You represent and warrant to Payright that the information that you have provided to Payright is true and correct in every material respect. If any of your personal details change (including your name or any contact details) then you must promptly notify Payright as we rely on you to keep your contact information current, accurate and complete. If you do not notify Payright of changes to personal details, Payright will not be responsible for any issues, loss or claims that may arise as a result of you not notifying us of your changed information, except to the extent caused by Payright’s fraud, negligence or wilful misconduct or any of its officers, employees, contractors, agents or receivers. 

2.2 By accepting these Terms and Conditions you also: 

(a) consent to Payright using your personal information to administer your Payright Account and  any Payright Products you hold, in accordance with Payright’s Privacy Policy and these Terms and Conditions; 

(b) consent to Participating Merchants using your personal information to administer and facilitate your purchases and related payments;

(c) consent to Payright using your personal information in its dealings with credit reporting agencies in relation to your Application for a Payright Account and Payright Products and Payright’s subsequent management of your Payright Account and Payright Products; and 

(d) warrant that the account details that you have provided in the Application for the purpose of the direct debit payments are true and correct, that you are the account holder of the nominated account and that direct debiting is available in connection with that account. 

2.3 By accepting these Terms and Conditions, you agree to:

(a) not to allow others to access your Payright Account at any time unless we are reasonably satisfied that they are authorised by you; 

(b) not assist others in obtaining unauthorised access to any person’s Payright Account; 

(c) fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of your Payright Account or any other Payright Account; 

(d) contact us as soon as reasonably practicable if you believe that your Payright Account may be subject to any unauthorised access or other type of fraudulent activity or security breach. Failure to notify us in a timely manner may limit the options available to us to protect your Payright Account. We will not be responsible or liable for any loss you suffer from any unauthorised access, fraudulent activity or security breach, except to the extent that such loss arises from our failure to take reasonable steps to secure the Payright Account; 

(e) cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on the Payright Account; 

(f) not open more than one Payright Account (noting this does not limit the number of Payright Products that you can hold); 

(g) not use your Payright Account or any Payright Product for any unlawful, fraudulent or improper activity; 

(h) not use any Payright Product to engage in any criminal activities or to use a Payright Product to purchase gambling and betting products or services, weapons or firearms, motor vehicles, motorbikes, motorhomes, and/or caravans;  

(i) not take advantage of any technical or technological error, loophole or glitch on your Payright Account and, where you do take such advantage, we reserve all our rights to recover any proceeds that you make; 

(j) provide us with accurate, correct and valid information that we require and promptly notify us of any changes and you will not provide us with any false, inaccurate, misleading or deceptive information; or 

(k) if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, subject to the extent permitted by law, we may suspend or terminate your Payright Account or any Payright Product after we provide you with reasonable notice should the inaccuracy or incompleteness have a material impact on our ability to meet or comply with our legal obligations and our respond to any credit, security or reputation risks. 

Financial hardship and vulnerability

2.4 If you have a vulnerability or are experiencing financial hardship we encourage you to notify us. We may become aware of your vulnerability or hardship circumstances if you tell us or it is otherwise reasonable for us to become aware of it.  If you are experiencing financial hardship, you can apply for a hardship variation as described here (https://payright.com.au/financial-hardship/).

  1. How your Payright Account works

3.1 As part of your Application for a Payright Product, Payright will process your registration for a Payright Account.  

3.2 Once your Payright Account is open, all your current and future Payright Products will be managed using your Payright Account in accordance with the Product Terms and Conditions. 

3.3 Your Payright Account is not transferrable and can only be used by you. 

3.4 Payright may review your Payright Account at any time and you must provide Payright with any information it reasonably requires to conduct such review. 

3.5 Where you have a zero balance outstanding on all your Payright Products, your Payright Account will remain open but inactive.  You may request us to close your Payright Account at any time by notice to us provided all outstanding amounts on your Payright Products have been paid and your balance is zero for all Payright Products.  When your Payright Account is closed, this also terminates all current Product Terms and Conditions.  If your Payright Account is closed, this may affect your ability to apply for a new Payright Account or Payright Product. If you wish to open a new Payright Account and Payright Product after your Account has been closed, Payright reserves the right to approve or deny this new Application at its sole discretion.  

3.6 Payright may close your Payright Account if outstanding amounts on all your Payright Products have been paid and your balance has been zero for all Payright Products for at least 12 months. Payright will give you 30 days’ notice of its intention to close your Payright Account. 

  1. Fees and charges

4.1 Fees for Payright Products can be found in the relevant Product Terms and Conditions and are re-published on our website from time to time for convenience. We will only ever amend the fees for a Payright Product in accordance with the relevant Product Terms and Conditions. 

  1. Statements, notices and other information

5.1 Statements of account relating to your Payright Products will be provided in accordance with your applicable Product Terms and Conditions. Notices are available online via Payright’s website or by contacting us at any time. 

5.2 You should check your account information and statements of account carefully to ensure that you agree with all of the entries. If you are aware or think there is an error, you must contact Payright as soon as reasonably practicable. 

5.3 Payright will send you (and you consent to receiving) statements of account, (including under the Credit Act), notices and other information in electronic form and/or by any means of electronic communication made available by Payright (unless such a notice is not permitted by law to be given electronically). Payright may from time to time email you with a link to information or notices that have been posted on its website. You acknowledge that where documents and information is provided electronically, paper documents may no longer be given, electronic communications must be regularly checked for documents; and your consent to the giving of documents by electronic communication, insofar as it relates to any Payright Product that is regulated by the Credit Act, may be withdrawn at any time. 

5.4 Payright will not send you paper statements or notices unless Payright is required by law to issue a statement or notice in this form. 

5.5 You are responsible for ensuring that Payright has your most recent email address and for regularly checking your nominated email account for information from Payright regarding your Payright Account. 

5.6 You can access copies of the following of your documents from us (and if you are unable to access any of these documents via Payright’s website, we will either provide you access or provide copies within 7 Business Days): 

(a) any contract including these Terms and Conditions; 

(b) any notices we have sent you (for example, a collections notice informing you that you are behind in payment and need to make a repayment); 

(c) statements of your account in relation to your Payright Products (including each purchase and the total outstanding balance of your purchases); and 

(d) payout figure in relation to your Payright Products and how it was calculated. 

  1. Account Security

(a) Your Payright Account is to be used only by you or any person nominated by you and approved by us in accordance with our policies and procedures. 

(b) You may not assign or otherwise transfer your Payright Account to any other person or entity. 

(c) You are solely responsible for maintaining and protecting the confidentiality and security of your Payright Account (including, but not limited to, your login credentials, two factor authentication device, linked email account, any bank account used in connection with your Payright Account or any Payright Product, phone number and any information you have provided in connection with your Payright Account). We are not responsible or liable for any unauthorised access to, or use of, your Payright Account (even where you may not be aware of such unauthorised access) except to the extent it was caused by the fraud, negligence or wilful misconduct of Payright or any of its offers, employees, contractors, agents or receivers. 

8. Limitation of Liability

(a) To the maximum extent permitted by law, each party will not be liable to the other party for any fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of contract or loss of production). 

(b) The total aggregate financial liability of each party in respect of claims based on events arising out of or in connection with  use of the Payright Account, whether in contract or tort (including negligence) or otherwise, will in no circumstances exceed the total of amounts owing under all Payright Products.

9. Making payments

(a) To the maximum extent permitted by law, you hereby agree to indemnify us, and our partners, officers, directors, employees and agents against any action, liability, cost, claim, demand, loss, damage, proceeding or expense (Loss) of any nature arising under tort, statute, equity, contract or some other cause of action that we suffer as a result of: 

  1. your negligent or wrongful acts or omissions; 
  2. your breach of any law, regulation or rules; 
  3. your use of the Payright Account; or 
  4. your violation of these Terms and Conditions, 

but you will not be liable for any Loss to the extent such Loss is the result of our fraud, negligence or wilful misconduct or any of our offers, employees, contractors, agents or receivers.

10. Termination

(a) You may terminate these Terms and Conditions, and close your Payright Account at any time, provided that you have no outstanding Payright Products. You will be required to close all Payright Products prior to terminating these Terms and Conditions.  

(b) We may terminate these Terms and Conditions and close your Payright Account where you have materially breached any of these Terms and Conditions or are in default under any Product Terms and Conditions provided always that no monies remain owing to us under any Product Terms and Conditions.

11. General matters

Variation

11.1 Payright can make the following types of changes in respect of these Account Terms and Conditions if it applies them to a class of customers or to a product type or feature. Changes which: 

(a) reflect changes in law, an official directive, or the guidelines or requirements of a regulator; 

(b) impose, remove or adjust limits; 

(c) reflect changes to Payright’s business or technological systems; 

(d) reflect current industry or market practice or conditions; 

(e) are administrative or correct a mistake or omission; 

(f) Payright reasonably thinks you will benefit from; or 

(g) are reasonably necessary to protect Payright’s legitimate interests. 

11.2 Payright will notify you in writing of a change to these Account Terms and Conditions and when the change commences. If Payright makes any material change we will provide notice as soon as reasonably possible (and give at least 20 Business Days’ notice), unless the change reduces your obligations under these Terms and Conditions, in which case you will be notified when you next login to your Payright Account.  

Waiver 

11.3 Payright does not waive a right, power or remedy if it fails to exercise or delays in exercising any right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver by Payright of a right, power or remedy must be in writing and signed by Payright. 

Assignment 

11.4 Payright may assign, novate, transfer or otherwise deal with its rights under these Terms and Conditions: 

(a) without notice to you, where:  

i. it is to any related body corporate; 

ii. it is to give effect to any securitisation arrangement; 

iii. it is in the event of any sale of Payright to a third party; 

iv. there is no material detriment to you and it is reasonably necessary in order to protect our legitimate interests. 

(b) we provide reasonable notice to you in any other circumstance.  

11.5 You may assign, novate, transfer or otherwise deal with your rights or obligations under these Terms and Conditions with our prior written consent (not to be unreasonably withheld). 

Governing law 

11.6  These Terms and Conditions are governed by the laws of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia. 

Notices 

11.7  Any notice provided by you or Payright under these Terms and Conditions must be in writing. 

Severability 

11.8  If any term of the Agreement is held to be invalid, illegal or unenforceable for any reason then the affected terms will be severed Agreement and the remaining terms will remain valid and enforceable. 

Defined terms 

In these Terms and Conditions:  

  • “Application” means an application to Payright for a Payright Product.   
  • “Business Day” means a day (not being a Saturday, Sunday or public holiday in that place) on which Payright are open for business in Victoria. 
  • “Credit Act” means the National Consumer Credit Protection Act 2001 (Cth).  
  • “Payright” means Navalo Financial Services Group Pty Ltd (ABN 24 605 753 535). 
  • “Payright Account” means the account provided by Payright under these Terms and Conditions. 
  • “Payright Products” means all the products offered by Payright from time to time. 
  • “Product Terms and Conditions” means any terms and conditions including any formal loan contract and any applicable financial table, which is separate to these Terms and Conditions and which are provided to you and are specific to the relevant Payright Product that you have submitted an Application for. 
  • “Terms and Conditions” means these terms and conditions. 

June 2025.