Terms of Service

Zinga – General Terms of Service

Last updated: 30 March 2026

We've included annotations in the grey boxes below to help guide you as you read these terms. Annotations are not part of the terms and have no legal effect, but they should help you follow the text.

This page describes the general terms that apply to your use of any of our services. By using our services you agree to these terms on top of any other terms that apply to a specific service you are using. If you use our services on behalf of your company, your company agrees to them too.

These General Terms of Service ("General Terms") are a legal agreement between you, as a current or prospective customer of Zinga's services ("you" or "your"), and Aspire Payment Pty Ltd ACN 662 218 331 trading as Zinga Pay and Zinga Send("Zinga", "we", "our" or "us"). These General Terms govern your use of the Zinga website located at https://getzinga.com.au/, the Zinga mobile application (the "App"), and all related products and services including payments, ordering, POS, international transfers, rewards and connectivity services in Australia (collectively, the "Services").

By using any of the Services, you agree to these General Terms and any policies referenced within ("Policies"), including our Privacy Policy (see clause 9) and terms that limit our liability (see clause 19) and require arbitration for any potential legal dispute (see clause 22), which are collectively incorporated herein by reference. You also agree to any additional terms specific to Services you use ("Additional Terms"), such as Payment Terms, which become part of your agreement with us (collectively, the General Terms and Additional Terms comprise the "Terms").

If you are using the Services on behalf of an entity, you represent to us that you have authority to bind that entity to these Terms, and that entity accepts these Terms.

Payment Terms:These terms apply to all Payment Services.

1.Zinga Account Registration

Provide accurate personal information during registration and keep the information current. We can suspend or terminate your account if you provide incomplete or false information. You are responsible for all activity on your account.

1.1.You must open an account with us (a "Zinga Account") to use the Services. During registration we will ask you for information, which may include but is not limited to your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current.

1.2.You are fully responsible for all activity that occurs under your Zinga Account, including for any actions taken by persons to whom you have granted access to the Zinga Account.

1.3.We reserve the right to change the account type, suspend or terminate the Zinga Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.

1.4. You authorise us, directly or through third parties, to make any enquiries we consider necessary to verify your identity. This may include:

(a) asking you for further information;
(b) requiring you to take steps to confirm ownership of your email address or financial instruments; and
(c) requiring you to provide your driver licence or other identifying documents.

1.5.Anti-money laundering and counter-terrorism financing laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF Act"), may require that we verify your identity. We reserve the right to close, suspend, or limit access to your Zinga Account and/or the Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

2.Revisions, Disclosures and Notices

We can make updates to our terms of service at any time, and we'll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms. You also agree to receive notices from us electronically.

2.1. We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.

2.2.You agree to utilise electronic signatures and consent to receive disclosures electronically. We may provide disclosures and notices required by law and other information about your Zinga Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Zinga Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.

2.3. If you wish to withdraw your consent to receiving electronic communications, contact Zinga Support. If we are not able to support your request, you may need to terminate your Zinga Account.

3.Description of Services

Zinga is a technology platform and payment facilitator, not a bank.

3.1. Zinga provides:

(a) payment processing;
(b) ordering and marketplace technology (ZingaMenu);
(c) POS tools;
(d) international transfers;
(e) rewards and promotions;
(f) connectivity services including eSIM; and
(g) business tools.

3.2.Zinga is a technology platform and payment facilitator, not a bank. Zinga does not currently hold an Australian Financial Services Licence (AFSL). To the extent any regulated financial services are provided in the future, such services will be provided in accordance with applicable Australian laws and regulatory requirements. Details regarding any applicable licensing arrangements or exemptions will be updated as required.

3.3.Where legally required, relevant disclosure documentation will be made available to users.

3.4.Funds held within the App are not bank deposits. Funds are held via regulated partners in safeguarded or segregated accounts where required by law. Zinga does not guarantee deposit protection schemes. Access to funds may be restricted where required for compliance, risk or regulatory reasons.

4.Restrictions

By using our Services, you agree not to engage in any prohibited or unlawful activities.

4.1. You must not, nor permit any third party, directly or indirectly, to:

(a) export the Services in breach of any export restrictions imposed by Australian law, including the *Customs Act 1901 (Cth) and related regulations;

(b) engage in any activity that may violate sanctions administered under the *Autonomous Sanctions Act 2011 (Cth);

(c) access or monitor any material or information on any Zinga system using any manual process or robot, spider, scraper, or other automated means;

(d) except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, or decompile, disassemble or otherwise reverse engineer the Services;

(e) perform or attempt to perform any actions that would interfere with the proper working of the Services;

(f) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Zinga;

(g) use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;

(h) use the Services for any illegal activity or goods or in any way that exposes you, other Zinga users, our partners, or Zinga to harm; or

(i) otherwise use the Services except as expressly allowed under these Terms.

4.2.If we reasonably suspect that your Zinga Account has been used for an unauthorised, illegal, or criminal purpose, you give us express authorisation to share information about you, your Zinga Account, and any of your transactions with law enforcement.

5.Payments and Transactions

5.1. Zinga facilitates payments between Users and Merchants. Zinga is not the seller of goods or services provided by Merchants.

5.2.Transactions may be delayed, declined, reversed, or reviewed for reasons including fraud detection, regulatory checks, technical issues, or chargebacks.

6.International Transfers (FX)

6.1. Zinga may facilitate currency transfers via partners.

6.2. Exchange rates are provided in real-time, may include margin, and may change without notice.

6.3. Completed transfers may not be reversible. Additional verification may be required.

7.Marketplace and Ordering

7.1. ZingaMenu and ordering features operate as marketplace technology. Merchants are responsible for products, pricing, fulfilment, refunds, and customer service.

7.2. Zinga is not liable for Merchant conduct.

7.3.Gift Cards and Vouchers: Zinga may facilitate the purchase of third-party gift cards or vouchers (e.g., retail, gaming, or dining). Zinga is not the issuer of these third-party vouchers.

7.4.All third-party gift cards and vouchers are strictly non-refundable once issued, are subject to the specific issuer’s terms and conditions (including expiry dates), and Zinga accepts no liability for lost, stolen, or expired vouchers.

8.Merchant Services

8.1. Merchants agree to:

(a) comply with the *Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law);
(b) comply with payment network rules;
(c) comply with AML/CTF obligations under the AML/CTF Act; and
(d) provide accurate business information.

8.2. Zinga may impose reserves, limits, settlement delays, and monitoring.

9.Privacy

By using any of our Services, you acknowledge and agree to our Privacy Policy.

9.1.By using any of our Services, you acknowledge and agree to the data practices outlined in the Zinga Privacy Policy (the "Privacy Policy") which applies to you. The Privacy Policy explains how Zinga collects, uses and protects the personal information you provide to us.

9.2.Zinga will process certain personal data of your customers and/or employees on your behalf as a service provider. You agree to comply with the data protection laws and regulations applicable to you, including the *Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). You agree to inform data subjects about the processing of their personal data in a way that satisfies the transparency requirements of such laws.

10.Communications

You consent to us sending messages about your account or services, which may include marketing. You can opt out.

10.1.By providing your email address and mobile number, you consent to receiving emails, calls, push notifications and messages relating to your Zinga Account or our Services, which may include promotional or marketing content.

10.2.You can opt out of receiving promotional communications by following specific instructions for each communication method, such as unsubscribing from emails, or replying "STOP" to text messages.

10.3.You acknowledge that you are not required to consent to receiving promotional or marketing messages as a condition of using the Services.

10.4.Standard message and data rates applied by your carrier may apply to text messages we send you.

10.5. We comply with the Spam Act 2003 (Cth) and the Spam Regulations 2021 (Cth).

10.6.We also provide Services that allow you to send short message service (SMS) messages to your customers (the “ Seller-Initiated SMS Services ”). You will only use the Seller-Initiated SMS Services in compliance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.

11.Fees

Fees may apply to our services. Fee changes will be communicated.

11.1.Fees may include subscription fees, processing fees, FX margin, hardware fees, and service fees.

11.2. Fees may change. Fees are disclosed within the App, agreements or pricing pages.

11.3. Third-party fees may apply.

11.4. Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds. We reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the balance in your Zinga Account, or your linked bank account.

11.5.Unless otherwise provided, Subscription Fees will be charged on the first of every month until cancelled. You may cancel at any time from your Zinga Account settings. You will not be entitled to a refund for any fee already due or paid.

11.6.We reserve the right to change our Subscription Fee upon thirty (30) days' advance notice. Your continued use after notice constitutes agreement.

12.Taxes

Your Taxes are your responsibility.

12.1.For purposes of these Terms, "Tax" and "Taxes" include any and all present or future taxes, charges, fees, levies or other assessments, including goods and services tax (GST), income, stamp duty, excise, property, sales, withholding, payroll, and other taxes imposed by any domestic or foreign taxing authority, including any penalties, interest or additions thereto.

12.2.Unless otherwise expressly stated, all fees are exclusive of any Taxes. You are responsible for identifying and calculating all applicable Taxes.

12.3.You agree that Zinga is not a marketplace facilitator or similar construct under any applicable law relating to sales, use, or similar taxes.

12.4.Zinga may charge applicable Taxes on Services as required by law. You agree to fully indemnify and hold Zinga harmless against any Tax imposed by a tax authority for failure to apply correct Taxes where such failure results from your failure to provide correct evidence.

12.5.Zinga may be obligated under applicable laws to report certain Tax Information and/or deduct withholding Taxes from payments to you.

12.6.Zinga does not provide Tax advice. For Tax-related enquiries, consult your own Tax or legal adviser.

13.Modification and Termination

We can terminate or deny access at any time. You can deactivate your Zinga Account.

13.1.We may terminate these General Terms or any Additional Terms, suspend or terminate your Zinga Account or restrict your access to any Service at any time for any reason. We will take reasonable efforts to notify you.

13.2.You may also terminate by deactivating your Zinga Account at any time, but you will remain liable for all obligations related to your Zinga Account even after it is closed.

13.3. Upon closure, we will cancel any scheduled or incomplete transactions.

13.4. You may not close your Zinga Account to evade an investigation, or if you have a pending transaction, open dispute, or claim.

13.5. All data related to your Zinga Account will be handled in accordance with our Privacy Policy.

14.Effect of Termination

Certain terms survive termination.

14.1. If these General Terms or your Zinga Account is terminated or suspended for any reason:

(a) the licence and any other rights granted under these Terms will end;
(b) you agree to immediately terminate and cease use of all Services;
(c) we may (but have no obligation to) delete your information and account data; and
(d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or Account data.

14.2. The following clauses survive termination: 6 (Your Content, clause 15), 8 (Security, clause 16), 9 (Privacy), 14 (Effect of Termination), 16 (Ownership, clause 17), 18 (Indemnity), 19 (Representations and Warranties, clause 20), 20 (No Warranties, clause 21), 21 (Limitation of Liability), 22 (Disputes), 23 (Governing Law), 25 (Assignment), and 28 (Other Provisions).

15.Your Content

You retain your Content rights but grant us broad rights to use it in our Services.

15.1.You grant us, our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and incorporate into the Services.

15.2. You retain all rights in your Content, subject to the rights granted to us.

15.3. You must not upload Content that is false, misleading, unlawful, obscene, defamatory, threatening, harassing, hateful, or that infringes any third-party right.

15.4. Although we have no obligation to monitor Content, we have absolute discretion to remove Content at any time. Zinga may monitor Content to detect and prevent fraudulent activity or violations of these Terms.

16.Security

We take security seriously. You are responsible for protecting your Zinga Account.

16.1. We have implemented technical and organisational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never defeat those measures.

16.2. You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible devices and computers. You must immediately notify us of any unauthorised use of your password or Zinga Account or any other breach of security.

16.3. In the event of any dispute regarding ownership of your Zinga Account, we will have the final determination. Our decision (which may include termination or suspension) will be final and binding.

17.Ownership

While we allow you to use our Services, you have no ownership rights in them.

17.1. We retain all rights not expressly granted to you. The Services are protected by copyright, trademark, patent and other laws of Australia and other countries.

17.2. All Platform IP remains Zinga property. Users receive a limited licence. You may not copy, reverse engineer or exploit the Platform.

17.3. "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, trademark, trade dress and service mark rights, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future.

17.4. You may submit feedback, comments or ideas about the Services ("Ideas"). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit without any obligation to you.

18.Indemnity

If your use of our Services results in legal action against us, you agree to indemnify us.

18.1. You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) any breach of your representations, warranties, or obligations under these Terms;
(b) your wrongful or improper use of the Services;
(c) your violation of any third-party right, including privacy or Intellectual Property Rights;
(d) your violation of any law, rule or regulation of Australia or any other country;
(e) any third-party claims regarding Zinga's processing of personal information in connection with Services;
(f) any other party's access to the Services with your credentials;
(g) any transaction, purchase, good or service for which Zinga provides payment processing services;
(h) Merchant disputes; and
(i) regulatory breaches.

18.2.This clause does not apply to the extent that a claim arises from our negligence or wilful misconduct.

19.Rewards and Promotions

19.1. Rewards have no cash value unless stated, may expire, may change, and may be withdrawn.

19.2. The App contains advertising, Offer Walls, and sponsored promotions. Zinga does not endorse, warrant, or guarantee the products or services offered by third-party advertisers. Any engagement with an advertiser is strictly between you and the third party.

20.Representations and Warranties

You promise you are who you say you are and will obey the law and our terms.

20.1. You represent and warrant to us that:

(a) you are at least eighteen (18) years of age;
(b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms;
(c) any information you provide accurately represents your business or personal identity;
(d) you and all transactions initiated by you will comply with all applicable laws;
(e) you will not use the Services for any fraudulent undertaking or to interfere with the Services; and
(f) your use of the Services will comply with these Terms.

21.No Warranties

We provide Services as-is, except for warranties and guarantees that cannot be excluded under Australian law.

21.1. THE USE OF "ZINGA" IN CLAUSES 21 AND 22 MEANS ZINGA, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

21.2. To the extent permitted by law, the Services are provided "as is" without representation or warranty, whether express, implied, or statutory. Without limiting the foregoing, Zinga specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, except to the extent that such warranties cannot be excluded under the *Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) or any other applicable law.

21.3. Australian Consumer Law Notice: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with services, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.

21.4. Zinga does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party, including Merchants. Zinga does not have control of, or liability for, goods or services that are paid for using the Services.

22.Limitation of Liability and Damages

Our liability is limited. This does not affect your rights under the Australian Consumer Law.

22.1. To the maximum extent permitted by applicable law, in no event will Zinga be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the Services. In all cases, Zinga will not be liable for any loss or damage that is not reasonably foreseeable.

22.2. Under no circumstances will Zinga be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Services or your Zinga Account.

22.3. To the maximum extent permitted by applicable law, the total liability of Zinga is limited to the greater of:

(a) the amount of fees earned by us in connection with your use of the Services during the six (6) month period immediately preceding the event giving rise to the claim for liability; or
(b) AUD $500.

22.4. Nothing in these Terms purports to exclude, restrict or modify any consumer guarantee, right or remedy conferred on you by the *Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) or any other applicable law that cannot be excluded, restricted or modified by agreement.

22.5. To the extent that our liability for breach of any consumer guarantee cannot be excluded, our liability is limited (at our option) to:

(a) in the case of services: the supply of the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

23.eSIM and Connectivity

23.1. Connectivity services are provided via third-party telecom providers. Zinga is not responsible for coverage, outages, or network performance.

24.Third Party Products and Services

24.1. All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer.

24.2. You may be offered Third Party Services. You will be responsible for reviewing their terms. We are not responsible or liable for Third Party Services.

24.3. The Services may contain links to third-party websites. Such websites are not governed by these Terms.

25.Disputes

How we will resolve disputes.

25.1. "Disputes" means any claim, controversy, or dispute between you and Zinga, its processors, suppliers or licensors, whether arising before or during the effective period of these Terms.

25.2. Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any questions regarding its existence, validity or termination, must be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules. The seat of arbitration is Perth, Australia. The language of the arbitration is English.

25.3. Small Claims: Either party may elect to pursue a Dispute in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis.

25.4. Court Proceedings: Subject to and without waiver of the arbitration agreement, you consent to the exclusive jurisdiction and venue of the courts of Western Australia.

25.5. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.

26.Governing Law

Our relationship is governed by the laws of Western Australia.

26.1. These General Terms and any Dispute will be governed by the laws of Western Australia, without regard to its choice of law or conflicts of law principles.

27.Limitation on Time to Initiate a Dispute

27.1. Any action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.

28.Assignment

28.1.Unless expressly authorised by Zinga, these General Terms may not be transferred or assigned by you.

28.2.Zinga may assign or transfer these Terms to related entities.

29.Force Majeure

29.1. Zinga is not responsible for delays caused by events outside reasonable control, including outages, cyber incidents, infrastructure failures, regulatory changes, natural events, pandemics, or government action.

30.Confidentiality

30.1. Users must not disclose non-public platform information.

31.Other Provisions

31.1.These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Zinga.

31.2. If any provision is invalid or unenforceable, it will be changed and interpreted to accomplish its objectives to the greatest extent possible, and remaining provisions continue in full force.

31.3. No waiver of any term will be deemed a further or continuing waiver.

31.4. Third-party beneficiaries: no provision creates rights in any third party.

32.Australian Regulatory Notices

32.1. Where Zinga provides financial services (including payment services, funds transfer, or foreign exchange), those services may be provided under an AFSL or a relevant exemption under the Corporations Act 2001 (Cth).

32.2. Where Zinga provides designated services within the meaning of the AML/CTF Act, Zinga will comply with its obligations under that Act, including customer identification, reporting, and record-keeping obligations.

32.3. Information about Zinga's regulatory status, AFSL details (if applicable), and any relevant product disclosure statements or financial services guides are available on request or at https://getzinga.com.au.

33.Contact

For questions regarding these Terms, please contact us:
Address: 70 Stirling Terrace, Albany, WA, Australia
Phone: +61 8 9841 1466