Merchant terms
Draft for legal review. Prepared for Dinetap Australia Pty Ltd and not yet approved. Highlighted items are still to be confirmed. These are the terms for restaurants and businesses using Dinetap. The payment terminal terms also apply to the terminal.
These terms are an agreement between Dinetap Australia Pty Ltd (ABN 23 679 041 537, ACN 679 041 537), Level 18, 324 Queen Street, Brisbane City QLD 4000 (“Dinetap”, “we”, “us”) and the business that signs up to use Dinetap (“you”). They apply to the Dinetap POS, payments app, payment terminal, back office, payment links, WooCommerce plugin and related support (the “Services”).
The payment terminal terms also apply if we supply you with a terminal. Your application form and pricing schedule form part of this agreement. If they conflict with these terms, the application form and pricing schedule apply.
1. Signing up
To use the Services you must be a business operating lawfully in Australia, with an ABN, and the person accepting these terms must be authorised to bind the business.
You must give us accurate and complete information about your business, its owners, directors and beneficial owners, and your bank account, and keep it up to date. We and Adyen must verify this information under anti-money laundering and counter-terrorism financing laws, card scheme rules and Adyen’s requirements. We may ask for documents and further information at any time.
We may decline an application, or delay activating the Services, if we cannot verify your information or if your business or the way you intend to use the Services is not acceptable to us or Adyen. We will tell you if we do.
2. The Services
We will provide the Services with due care and skill, and with the features described on our website and in your application. The Services include software that we improve over time. We may change features, but we will not make a change that materially reduces the core functions you use without giving you at least 30 days’ notice, so you can end this agreement without any exit fee if you do not accept it.
We aim to keep the Services available at all times, but there will be occasional planned maintenance, which we try to schedule outside trading hours, and unplanned interruptions. The payments app can keep taking card payments when connected through the terminal’s mobile network if Wi-Fi fails.
Support is available 24 hours a day, 7 days a week, from our Australian team by phone on +61 403 111 317, WhatsApp and email.
3. Card payments and Adyen
Card payments are processed, and payouts are made, by Adyen Australia Pty Limited (ABN 55 162 682 411, AFSL 516550). To accept payments you must accept Adyen’s terms, which we show you during sign-up. Adyen’s terms govern the processing of your transactions and the holding and payout of funds. If the card scheme rules, Adyen’s terms and these terms conflict, they apply in that order.
We are not a bank and we do not hold your money: funds from your sales are held by Adyen until they are paid out. Funds Adyen holds are not deposits. Complaints about Adyen’s payout service can be made to Adyen and, if you are eligible, to the Australian Financial Complaints Authority. We use Adyen for Platforms: you are set up as an account holder on our Adyen platform with your own balance account, and Adyen pays your funds to you.
Every payment is subject to authorisation by the card issuer, fraud checks and the card scheme rules. A payment can be declined, held, reversed or investigated by the issuer, the card scheme or Adyen.
You must accept and process payments only for genuine sales of your own goods and services, for the correct amount, and only after showing the customer the total amount.
4. Payouts
We arrange for Adyen to pay your card sales, less fees, refunds, chargebacks and any other amounts you owe under this agreement, into the Australian bank account you nominate.
Next-day payouts are available once your account is fully verified. Payments accepted before 11:59 pm your local time on a business day are paid on the next business day. A next-day payout costs 0.05% of the payout amount. A payout due on a weekend or public holiday is paid on the next business day. There is no minimum payout amount, and no card type is excluded.
A payout may be delayed if a payment is under a fraud or risk review, if we or Adyen reasonably need to verify information, or if a bank or card scheme is delayed. If we or Adyen need to hold funds as a reserve because of unusual chargeback, refund or fraud levels, we will tell you why, how much and for how long, and release them within 5 business days after the risk has passed. Your first payout may take longer while your account is verified.
5. Fees
You pay a percentage of the value of each card transaction. There are no setup fees, monthly fees or terminal rental fees. Your pricing schedule sets out your rate and our other charges: the next-day payout fee, refund fees, dispute and chargeback fees, and the charge for a lost or damaged terminal.
We may change our fees by giving you at least 30 days’ written notice. If you do not accept the change, you may end this agreement before it takes effect without paying any exit fee.
Fees are deducted from your payouts or charged as your pricing schedule says. We will give you a monthly statement of the fees you paid.
GST. Dinetap Australia is not registered for GST, so our fees do not include GST. If we become registered and GST applies to a fee, we will tell you before we add it and give you a tax invoice.
6. Surcharges, prices and tips
You must not surcharge card payments. Since 1 October 2026 the eftpos, Mastercard, Visa, American Express and UnionPay networks prohibit surcharges (PayPal since 5 October 2026), including on international and business cards. You must not disguise a card surcharge as another fee.
You may charge lawful weekend or public holiday surcharges, and service or booking fees, if you display them as the Australian Consumer Law requires, for example by showing the surcharge and the days it applies on your menu. You are responsible for your prices and the surcharges you set.
We may switch off surcharge settings that would breach these rules. If you apply a card surcharge, we may ask you to remove it within 2 business days and, if you do not, suspend the Services under section 12.
Tipping on the terminal is optional for customers. Tips form part of your sales and you are responsible for how you pass them on to staff.
7. Refunds, chargebacks and disputes
You are the seller to your customers and you are responsible for your goods and services, your refund policy and your obligations under the Australian Consumer Law.
If a customer disputes a payment, the card issuer may reverse it (a “chargeback”). We will tell you promptly and help you respond with evidence, which you must give us within the time we tell you (usually 7 days). If the chargeback is upheld, the amount, and any chargeback fee in your pricing schedule, will be deducted from your payouts or charged to you.
If a refund or chargeback cannot be covered from your payouts, you must pay the shortfall within 14 days of our request.
8. Your responsibilities
You must:
- comply with all laws that apply to your business, including consumer, food, liquor, tax, employment and privacy laws;
- comply with the card scheme rules and PCI DSS requirements that apply to you, and never record or store card numbers, security codes or PINs;
- keep your prices, menus, allergen and dietary information accurate in the POS and the Dinetap app;
- make sure only authorised staff use the Services, give each person their own login with the right permissions, and keep logins secure;
- tell us promptly about any security incident, suspected fraud or unauthorised use; and
- tell us within 14 days if your business ownership, legal entity, trading name, business activities or bank details change.
You must not use the Services for unlawful, fraudulent or prohibited transactions, including businesses or products that Adyen or the card schemes do not allow, or for anyone else’s sales.
9. Your data and your customers’ data
You own the data you enter into the Services and the records of your sales (“your data”). You give us the right to use your data to provide, secure and improve the Services, to meet our legal obligations, and in de-identified or aggregated form for analysis.
Where your data includes personal information about your customers or staff, you are responsible for collecting it lawfully and telling them how it will be handled. We handle it on your behalf, only to provide the Services, and protect it as our privacy policy describes. We will not use your customers’ personal information for our own marketing, and we do not sell it.
You can export your sales and menu data from the back office at any time, and for 90 days after this agreement ends. After that we may delete it, except records we must keep by law.
10. Our intellectual property
The Services, our software and our brand belong to us or our licensors. We give you a non-exclusive, non-transferable licence to use the Services for your business while this agreement is in force. You must not copy, modify, reverse engineer or resell the Services.
11. Confidentiality
Each of us must keep the other’s confidential information confidential and use it only for this agreement, except where the law requires disclosure or the information is already public.
12. Suspension
We may suspend all or part of the Services, or hold payouts, only if we reasonably believe it is necessary because:
- of suspected fraud, unlawful activity or a serious security risk;
- we or Adyen are required to by law, a regulator or the card scheme rules;
- you have not provided information we need to verify your business; or
- you have materially breached this agreement and not fixed the breach within 14 days of our notice.
We will tell you why, unless the law or a regulator prevents us, and restore the Services as soon as the reason has been resolved.
13. Ending this agreement
There is no minimum term. You can end this agreement at any time by giving us notice. There is no exit fee. You must return any terminal we supplied, as the terminal terms explain.
We can end this agreement by giving you at least 30 days’ notice. We can end it sooner, by notice, if you materially breach it and do not fix the breach within 14 days of our notice, if you become insolvent, or if we or Adyen can no longer lawfully provide payment services to you.
When this agreement ends, you must pay any amounts you owe, and the sections on fees, chargebacks, data, confidentiality, liability and disputes continue to apply. Chargebacks and refunds can arise for some months after the end, and remain your responsibility.
14. Liability
Nothing in this agreement excludes, restricts or changes any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where the law allows, our liability for a failure to comply with a consumer guarantee is limited to supplying the Services again or paying the cost of having them supplied again.
Subject to that, and to the extent the law allows:
- neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or data that was not a reasonably foreseeable result of the breach;
- each party’s total liability to the other under this agreement in any 12 month period is limited to [the greater of the fees you paid in that period and A$X: decide, and keep it mutual]; and
- neither of us is liable for delay or failure caused by events outside our reasonable control, such as outages of the internet, mobile networks, banks or card schemes.
These limits do not apply to your obligation to pay fees, refunds and chargebacks, to a breach of confidentiality, to our breach of our privacy or security obligations, to fraud, wilful misconduct, or death or personal injury caused by negligence.
15. Responsibility for third-party claims
Each of us is responsible for losses the other suffers from a third-party claim, to the extent the claim is caused by that party’s breach of this agreement, breach of law or negligence. For you, this includes fines and assessments imposed by card schemes or Adyen because of your transactions or your breach of the card scheme rules.
16. Changes to these terms
We may change these terms to reflect changes in the law, the card scheme rules, Adyen’s requirements or our Services. We will give you at least 30 days’ notice by email or in the back office, unless a shorter period is required by law or a regulator. If a change is not required by law and disadvantages you, you may end this agreement before it takes effect without any exit fee.
17. Complaints and disputes
Please contact us first at support@dinetap.com or on +61 403 111 317. We will acknowledge a complaint within 2 business days and aim to resolve it within 21 days.
If a dispute cannot be resolved within 30 days, either of us may refer it to mediation through the Australian Disputes Centre or another mediator we agree. You can also contact the Australian Small Business and Family Enterprise Ombudsman. Nothing stops either of us seeking urgent relief from a court.
18. General
This agreement is governed by the law of Queensland, and each of us submits to the non-exclusive jurisdiction of the courts of Queensland.
Notices may be given by email to the address in your account or, for us, to support@dinetap.com. You may not transfer this agreement without our consent, which we will not unreasonably withhold. We may transfer it to a related company or a buyer of our business that can provide the Services on the same terms, and will tell you if we do.
If any part of this agreement is invalid, the rest continues to apply. This agreement, with your application form, pricing schedule and the terminal terms, is the whole agreement between us about the Services.