Backpay Terms and Conditions

Last Updated: 28 July 2025

Thanks for taking the time to read our terms and conditions.

If you have any questions, please contact us at info@backpay.com.au.

Acceptance of Terms
1. These Terms, together with our Privacy Policy, apply to your access to and use of Backpay Pty Ltd ACN 689 128 167 (“Backpay”, “we, “us” or “our”) Services. The Terms form a legally binding agreement between us and you (“you” or “your”).
2. Each time you access or use the Platform (including the use of any of the Services), you acknowledge and warrant that you have read, understood and agree to be bound by these Terms. If you do not agree to the Terms, you must immediately exit and not access or use the Platforms and the Services provided by Backpay.
Description of Services
1. Backpay provides technology powered products and services to help Australian employees identify and recover unpaid pay. Our Services to you include, but are not limited to, providing access to the Platform and Software to assist you in calculating your correct pay and providing the Recovery Service to facilitate the processing of your Claim arising from incorrect pay and/or other related issues.
2. We are not a law firm; and are not acting as a lawyer on your behalf or providing you directly with legal advice or services.
3. Any information provided on the Platform, or produced by or via the Software, is for general information purposes only and should not be relied upon as legal advice for your specific situation. You should always seek legal advice from a qualified legal professional before using or relying on the Services.
Definitions and Interpretation
1. In these Terms, the following expressions have the following meanings, unless otherwise stated:
  - “Australian Workplace Laws” means any law, regulation, industrial instrument, or binding legal standard applicable under Australia's national workplace relations system that governs employee entitlements, working conditions, or employer obligations. This includes, without limitation, the Fair Work Act 2009 (Cth), the National Employment Standards (NES), any applicable modern award, any enterprise agreement, relevant state or territory legislation, and decisions or enforceable orders issued by authorised bodies such as the Fair Work Commission, Fair Work Ombudsman, or Australian courts;
  - “Authority to Act Form” means the document by which you authorise us and or any authorised third party any to act on your behalf in relation to the Claim;
  - “Backpay”, “we”, “us” or “our” means Backpay Pty Ltd ACN 689 128 167
  - “Claim” means any demand, action or proceeding pursued through the Service against an Employer for unpaid wages, other monetary entitlements, interest, penalties or costs under Australian Workplace Laws.
  - “Employer” has the meaning given to employer in the Fair Work Act 2009 (Cth) in respect of the employment to which the Claim relates.
  - “Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
  - “Platform” means the platform hosted on the website located at www.backpay.com.au or any other website, platform, or application nominated by us from time to time, and any associated services, software, networks or processes;
  - “Privacy Laws” means the Privacy Act 1988 (Cth), and any other applicable Australian privacy legislation;
  - “Recovered Amount” means any money paid by an Employer in relation to a Claim as settlement, orders, penalties, or otherwise, to you, to us, or to any mutually agreed third-party;
  - “Recovery Service” means the service whereby Backpay pursues a Claim on your behalf;
  - “Related Bodies Corporate” has the meaning given in the Corporations Act 2001 (Cth);
  - “Service Fee” means the fee defined in the Fees and Payment section of these Terms that becomes payable when the Recovered Amount is paid;
  - “Services” means the services we provide to you, including but not limited to, providing you with access to and use of the Platform and Software, the Recovery Service and any associated services pursuant to these Terms;
  - “Software” means the software we provide on the Platform, that assists you in determining your correct pay under Australian Workplace Laws;
  - “Terms” means these terms and conditions, under which we provide access to the Services, Platform and Software, as amended by us from time to time;
  - “you” or “your” means the person or entity that accesses or registers to use the Platform;
  - “Your Data” means the data, information (including personal information or data) or content entered into or uploaded to the Platform or provided to us by you;
Accounts
1. In order to access the Services, you must register for an account.
2. You must be 18 years of age or older to create an account, or access the Software, Services or Platform.
3. The Software and Services are provided for use by individual employees. You must not create, register or use an account on behalf of a business, employer, payroll provider or other organisation, and you must not use the Services for business compliance, audit or analytics purposes, unless we have separately agreed in writing.
4. When you register for an account, you will provide us with personal information about you (including but not limited to your name, date of birth and email address). We will handle your personal information in accordance with our Privacy Policy.
5. You must ensure that all information you provide to us is accurate, current and complete, and that you do not omit any information that a reasonable person would consider relevant to the Services you seek.
6. You must not create more than one unique account, register for more than one account or create an account on behalf of someone else.
7. You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details accurate, up to date, and secure your password as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
8. You must ensure that your access to, and use of, the Software, Services or Platform is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
9. We may, in our absolute discretion, terminate, suspend or delete your account or restrict your access to the Software, Services or Platform for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
Use of the Software
1. You will not:
  1. modify the Software or merge any aspect of the Software with another programme other than as expressly provided under these Terms;
  2. record, reverse engineer, copy, duplicate, reproduce, create derivative works from, frame, download, display, transmit or distribute any of the Software, the source code of the Software or any documents, manuals or setup instructions provided with the Software;
  3. licence, sell, rent, lease, transfer, assign or otherwise commercially exploit the Software;
  4. engage in unlawful behaviour, including unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  5. access, store, distribute or transmit:
    1. viruses, worm, trojan or other malicious code that corrupts, degrades or disrupts the operation of the Software;
    2. material that is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third party;
    3. material that facilitates illegal activity; or
    4. material that abuses or causes damage or injury to any person or property;
  6. provide Software login details or passwords, or otherwise provide access to the Software, to any unauthorised third party and you will take all reasonable steps to prevent unauthorised access to, or use of, the Software;
  7. share any features of the Software that are not publicly available with any unauthorised third party; and
  8. engage in any conduct on the Software that is in breach of these Terms (or any agreements mentioned therein).
2. All rights granted to you under these Terms must not be leased, assigned, sold, licensed, resold or transferred to any third party in any manner whatsoever. You must not in any way encumber or allow the creation of any mortgage, charge, lien or other security interest in respect of the Software.
3. Any breach of this clause 5 constitutes a breach of these Terms and we may, at our absolute discretion, terminate or suspend your access to, and/or use of, the Software, and/or take further actions against you for breach of these Terms.
The Recovery Service
1. We may determine, at our absolute discretion, if you are eligible for the Recovery Service. If we make this determination, we will provide you with the Authority to Act Form. The purpose of the Authority to Act Form is to permit us to engage on your behalf either directly or indirectly with the Employer or its representatives, lawyers, and/or courts in order to obtain a Recovered Amount.
2. Provision of the Platform and/or Software shall not constitute a binding offer to provide you with any other Services, including, without limitation, the Recovery Service.
3. Prior to commencing the Recovery Service, you will be required to authorise your signature on the Authority to Act Form which will specify that you agree to receive the Recovery Service.
4. Once you have signed and submitted the Authority to Act Form you will have commenced the Recovery Service.
5. We may at our absolute discretion suspend or terminate the Recovery Service at any time by notifying you.
6. You agree to provide us with all data or information that is required for the execution of the Recovery Service. You warrant that the data and information you provide is accurate, complete and true. Employment data and information may be submitted to us via the website, email, other electronic or software solutions supported by us, or by phone.
7. You acknowledge that failure to provide us with any such information will impact our ability to provide the Recovery Service and may result in us terminating or suspending the Recovery Service.
8. If you receive any direct payments or any other compensation from the Employer related to the Claim after entering into the Recovery Service, you must advise us immediately. Such payments shall be considered a Recovered Amount and entitle us to the Service Fee.
9. Once the Recovery Service has commenced, you agree that Backpay is your primary point of contact with the Employer regarding the Claim. You agree to cease any ongoing negotiations and to direct new communications about the Claim through us unless we expressly authorise you in writing to communicate directly.
10. You permit Backpay to communicate, negotiate, and attempt to settle the Claim with the Employer on your behalf.
11. By using the Recovery Service, you grant the right and permission to act in your likeness for the purpose of representing you and settling the Claim. This authorisation encompasses any methods Backpay deems necessary and appropriate, including but not limited to making telephone calls on your behalf, representing you in communications, and you expressly agree that we may employ written or audio artificial intelligence technologies to facilitate settlement of the Claim.
12. You understand and agree that this authorisation is provided to us for the purpose of facilitating settlement and negotiation on your behalf and that we may, in our discretion, take actions we consider reasonably necessary to achieve this purpose. The methods employed by Backpay may include representing you in discussions with the Employer, entering into negotiations, and agreeing to terms of settlement for the Claim.
13. By using the Recovery Service you acknowledge and agree to allow Backpay to share Your Data with the Employer.
14. We shall not be held liable for any incorrect communications, documents, incorrect data/information, and fraudulent conduct shared by you. In the event that you provided deliberately incorrect information or data, we may terminate or suspend the Recovery Service in addition to any other recourse we may have under these Terms.
Your obligations
1. While using the Software, Services, Platform you must not:
  1. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information;
  2. misuse any part of the Software of Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;
  3. attempt to gain unauthorised access to any part of the Software or Platform, the server on which the Software or Platform is stored or any server, computer or database connected to the Platform;
  4. engage in any activity that interferes with or disrupts the Software, Services or Platform;
  5. attempt to circumvent, disable or otherwise interfere with any security-related features of the Software, Services or Platform or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Platform;
  6. engage in any abusive, derogatory, threatening, harmful, vulgar, profane, obscene, violent or ethically objectionable behaviour;
  7. advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation; or
  8. breach any other person’s personal information, privacy or publicity rights, or breach a duty or obligation of confidence.
2. You acknowledge that our ability to be able to provide the Software, Services or Platform to you without delay or interruption is dependent on your full and timely cooperation. You will:
  1. cooperate with and assist us in the supply of the Software, Services or Platform;
  2. promptly provide us with full and accurate information, data and explanations as and when required;
  3. comply with all applicable laws, regulations and industry standards with respect to your activities and obligations under these Terms;
  4. ensure that your network and systems comply with the relevant specifications and guidelines provided by us from time to time; and
  5. comply with all reasonable directions and guidelines from us as advised from time to time.
3. You must procure all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Software or Services to you.
4. We may contact you by email or phone or provide you with information by posting notices on the Platform. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
5. The Software, Services or Platform may contain privacy and other policies of those third parties.
6. You must take precautions to ensure that when accessing the Software, Services or Platform, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Software, Services or Platform.
7. If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
  1. immediately, temporarily or permanently withdraw your right to access and use the Services and the Platform (including deletion of your account);
  2. take any other legal action against you; or
  3. refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
Fees and Payment
1. Unless otherwise agreed, you may access the Platform and Software free of charge.
2. The Service Fee for the Recovery Service is a fixed percentage of any Recovered Amount, inclusive of GST. This will be specified in your Authority to Act Form. If no Recovered Amount is obtained, no Service Fee is payable.
3. If the Employer remits any Recovered Amount directly to you, you must promptly notify Backpay and pay the Service Fee on invoice.
4. If the Employer remits any Recovered Amount to Backpay, we will deduct the Service Fee and transfer the balance to you.
5. If the Employer remits any Recovered Amount to an authorised intermediary, that intermediary will remit the Service Fee to Backpay and remit the net balance to you after any intermediary fees; you are responsible for those third-party fees.
  1. Termination of the Recovery Service does not affect our fee. If either party ends the Recovery Service, the Service Fee remains payable on every Recovered Amount already paid—or that later becomes payable—in relation to the Claim.
6. You are responsible for providing accurate payment instructions. Backpay is not liable for any loss arising from incorrect details supplied by you. If Backpay cannot remit payment because of incomplete or incorrect details, we will hold the funds for a reasonable period and seek updated instructions; if you do not respond, the funds may be treated in accordance with applicable unclaimed-money laws or, where permitted, retained by Backpay.
7. If the Recovered Amount has been paid to a wrong receiver by your own fault, we shall not be obligated to actively reclaim it.
8. You shall not be entitled to claim any interest on the Recovered Amount during the time period between when it is paid by the Employer and when it is transferred to you.
9. We shall not be liable for any amount of compensation, damages, or similar, if we are prevented from transferring the payment to you by an event beyond our control, including, but not limited to, strike, lock-out, labor dispute, force majeure, natural disasters, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, and storm.
Intellectual Property
1. All rights, title or interest in and to the Software, Services or Platform, and any information or technology that may be provided to, or accessed by, you in connection with your use of the above is owned, and will remain owned, by us or our licensors (“Backpay IP”). Using the Software does not transfer any ownership or rights, title or interest in and to the Backpay IP.
2. All Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Software or Services will automatically vest in, and are assigned to, us, including any enhancements, improvements and modifications to the Backpay IP (collectively, the “Developed IP”).
3. You must not represent to anyone or in any manner whatsoever that you are the proprietor of any Backpay IP.
4. You retain ownership rights to data and content that you provide to us whether in the form of Registration Data or otherwise. You grant us a worldwide, perpetual, irrevocable, non-exclusive and royalty free license to access and use Your Data for the purpose of performing our obligations under these Terms, and for making improvements to our Software, Services or Platform as detailed in our Privacy Policy.
Warranties
1. We will use reasonable endeavours to provide constant, uninterrupted access to the Software, but with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Software.
2. To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Software provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Software is provided on ‘as is’ basis and that you will make your own investigations into whether or not this is fit for your purposes.
3. We make no representations, warranties or guarantees:
  1. that our Services will result in a Recovered Amount; or
  2. that content available on, or produced by or via, the Software is accurate, complete, reliable, current, error-free or suitable for any particular purpose. This content is provided on an ‘as is’ basis and you acknowledge and agree that you exercise absolute discretion in choosing how to use this content; or
  3. as to the availability of the Software or that the Software is or will be free from viruses, worm, trojan or other malicious code. You are responsible for taking your own precautions in this respect.
Liability and Exclusions
1. You assume sole responsibility for your use of the Software (including any content contained therein) and for any reliance on, and use of, conclusions drawn from such use.
2. We will have no liability for any losses suffered or any damage caused by errors or omissions in any information or instructions provided to us by you in connection with the Software or any actions taken by us at your direction.
3. To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Software, Services or Platform or on any website linked to these. We recommend you ensure you have up-to-date virus checking software installed.
4. To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to your dealings with any third parties you interact with as a result of accessing our Software, Services or Platform. You should address such complaints directly with those third parties.
5. In no event will we be liable to you or any third party for any:
  1. loss of profits, revenue, goodwill or business, business interruption, corruption, loss or alteration of data, downtime costs, loss of use, failure to realise anticipated savings or for any indirect or consequential loss or damage of whatsoever nature, however caused;
  2. breach by you or any third party of the Intellectual Property Rights of a third party or any laws, regulations or any relevant industry codes;
  3. viruses, worm, trojan or other malicious code introduced into, or transmitted to, you or any third party during the course of using the Software; or
  4. loss of or damage to any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms.
6. Our total liability to you or any third party (whether based on warranty, contract, tort, statute, misrepresentation or otherwise) arising out of, or in connection with, these Terms, for any one event or a series of related events, will be limited to AUD $100.
7. The parties acknowledge that the limitations of liability contained in this clause 11 are a fair and reasonable allocation of the commercial risk between the parties.
8. This clause 11 survives termination or expiry of these Terms.
Indemnity
1. To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Software, Services and Platform.
2. You agree to indemnify and hold us, our Related Bodies Corporate and our officers, directors, employees and contractors (collectively, the “Indemnified”) harmless from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified or which the Indemnified must pay, sustain or incur as a direct or indirect result of or arising out of:
  1. breach by you of any of your obligations under these Terms;
  2. loss of, or damage to, any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms;
  3. breach of any third party’s Intellectual Property Rights; or
  4. breach by you of any law (including Privacy Laws).
3. This clause 12 survives termination or expiry of these Terms.
Confidentiality
1. Each party agrees not to use or disclose confidential information received or disclosed to it by the other party in the negotiation or operation of these Terms, save for such use or disclosure necessary and required to perform their respective obligations under these Terms. Disclosure will be, in any event, only made to the receiving party's employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing the receiving party's obligations.
2. In making disclosure to persons as permitted under this clause 13, the receiving party will ensure that persons receiving the disclosing party’s confidential information will comply with the same obligations regarding confidentiality as that of the receiving party.
3. Information is not to be regarded as confidential, and the receiving party will have no obligation regarding confidentiality, where that information is already in the public domain or enters the public domain through no fault of the receiving party, is received from a third party without any obligations of confidentiality, is used or disclosed with the prior written consent of the disclosing party, is disclosed in compliance with a legal requirement or is independently developed by the receiving party.
4. Any confidential information held by a receiving party will be returned to the disclosing party or destroyed at the written request of the disclosing party.
Privacy
1. You must, in connection with these Terms:
  1. ensure that you are aware of your obligations under all applicable Privacy Laws;
  2. at all times comply with your obligations under applicable Privacy Laws; and
  3. take reasonable steps to assist us to comply with our obligations under applicable Privacy Laws as may be notified to you from time to time.
2. We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
Termination
1. You can stop using the Platform at any time. You can terminate your account or our Services by contacting us if all of your outstanding payment and other obligations under the Terms have been satisfied.
2. We may terminate these Terms, or terminate or suspend your access to the Software, Services, or Platform in our absolute discretion.
3. After your account has been terminated, we will have no obligation to store or provide access to Your Data or any parts of the Platform.We may delete or remove any of Your Data stored on the Platform from the date of termination to the extent such deletion is permitted by law. We will not be liable for any losses incurred directly or indirectly from the loss of Your Data after termination.
Situations or Events Outside Our Reasonable Control
1. There are certain situations or events that may occur which will not be within our reasonable control. Where this occurs, we will notify you of these circumstances and attempt to recommence providing the Software, Services or Platform as soon as we are able. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing the Software, Services or Platform.
Linking to the Platform
1. You may link to the Platform, provided that you notify us of this, and also establish the link in a way that is fair, legal and does not damage, or take advantage of our reputation or any third parties. You must not establish any link in a way that suggests any form of association, approval or endorsement by us where none exists.
2. You must not establish a link to the Platform from any website that is not owned by you (except with the website owner’s express permission).
3. The Platform must not be framed on any other website or platform without our written consent.
4. We reserve the right to withdraw linking permission by updating these Terms.
General
1. We may update and modify the Terms from time to time to respond to changes in our products, services, business or as required by law, by posting amended terms to the Platform or otherwise notifying you. Generally, we will give you reasonable notice of material changes to the Terms that we determine may adversely affect your rights or your use of the Services, Software or Platform before they become effective. If an update or modification to the Services, Software or Platform or the Terms is unacceptable to you, you may terminate your account in accordance with the Terms. If you continue to use the Services, Software or Platform after any amended terms become effective, you agree to be bound by the amended terms.
2. The provisions of these Terms that are capable of having effect after the termination or expiry of these Terms will remain in full force and effect following the termination or expiry of these Terms.
3. You must not, without our prior written consent (which will not be unreasonably withheld), assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
4. If either party chooses to waive or ignore a breach of these Terms, this will not prevent that party from taking action in respect of the same type of breach at a future date.
5. Nothing in these Terms is intended to create or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in these Terms. Neither we nor you will have, nor represent that it has, any authority to make any commitments of this kind on the other party's behalf.
6. These Terms, and the relationship between the parties contemplated by it, is not intended to be exclusive.
7. If any provision of these Terms is held invalid or unenforceable, such provision will be deemed deleted from these Terms and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of these Terms will continue in full force and effect.
8. These Terms are governed by the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
9. These Terms may be executed electronically and in any number of counterparts. All counterparts together will be taken to constitute one instrument.
10. These Terms constitute the entire agreement between the parties in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.

Backpay Terms and Conditions

Acceptance of Terms

Description of Services

Definitions and Interpretation

Accounts

Use of the Software

The Recovery Service

Your obligations

Fees and Payment

Intellectual Property

Warranties

Liability and Exclusions

Indemnity

Confidentiality

Privacy

Termination

Situations or Events Outside Our Reasonable Control

Linking to the Platform

General