Timely Terminals - Refer a Friend Program (AU)

This guide includes the AU specific T&Cs for the Timely Terminals - Refer a Friend Program. 

Timely Software Ltd ("Timely", "we", "us", "our") operates the Timely Terminals Refer a Friend
Program (the "Program") as a limited trial initiative in Australia. Timely requires all participants,
whether acting as a Referrer or as a Friend (each as defined below), to accept and adhere to
these Terms and Conditions (this "Agreement"). By participating in the Program in any capacity,
each participant agrees to be bound by this Agreement. Timely may update this Agreement
from time to time by publishing a revised version on its Help Centre. Continued participation
following publication of an updated Agreement constitutes acceptance of the revised terms.

1.  Definitions.

In this Agreement, the following terms have the meanings set out below:
 

(a) "Program Period" means the period commencing on 1 May 2026 and expiring at 11:59 pm (Australia time) on 30 June 2026.

(b) "Referrer" means an existing Timely Terminals customer in Australia who refers a Friend to the Program in accordance with this Agreement.
 

(c) "Friend" or "Referee" means a natural or legal person who does not, at the time of referral, hold an active Timely Terminals subscription, who is referred to Timely by a Referrer, and who contacts Timely directly pursuant to clause 3 of this Agreement.
 

(d) "Terminal" means a Timely EFTPOS or card payment terminal device activated under a Timely subscription.
 

(e) "Activation Date" means the date on which a Friend's Terminal first successfully processes a payment transaction.
 

(f) "Qualifying Transaction Period" means a period of fourteen (14) consecutive calendar days commencing on the Activation Date during which the Friend's Terminal is used to process at least one (1) payment transaction per day.
 

(g) "Reward" means the $100 AUD e-voucher delivered via GiftPay, issued to an eligible Referrer upon satisfaction of all conditions set out in clause 5 of this Agreement.
 

(h) "GiftPay" means the third-party e-voucher delivery platform engaged by Timely to fulfil Rewards.
 

(i) "Referral Contact" means the referral hyperlink or dedicated email address provided by a Timely salesperson to a Referrer for the purpose of the Friend making direct contact with Timely.
 

(j) "Self-Referral" means any referral in which the Friend and the Referrer are the same person or entity, or are employees, directors, or contractors of the same salon or business entity.

2.  Eligibility.

2.1  Referrer Eligibility.

To be eligible to participate as a Referrer, a person or entity must, at the time of the referral and at the time of Reward fulfilment:

(a)  hold an active Timely Terminals subscription in Australia;

(b)  not be an employee, officer, director, contractor, or agent of Timely or any related body corporate; and

(c)  comply with all terms of this Agreement.

2.2  Friend Eligibility.

To be eligible as a Friend, a person or entity must:

(a)  not hold, and must not have held within the preceding twelve (12) months, an active Timely Terminals subscription;

(b)  not constitute a Self-Referral;

(c)  contact Timely directly via the Referral Contact provided by the Referrer, in accordance with clause 3 of this Agreement; and

(d)  satisfy the Qualifying Transaction Period in respect of their Terminal.

For the avoidance of doubt, independent rent-a-chair stylists operating within a shared premises under separate business registrations are eligible to refer one another, provided that no other disqualifying condition applies.
 

3.  Referral Process - Mandatory Workflow.

The following workflow governs all referrals under this Program. Participation in the Program is conditional upon strict compliance with this workflow. Timely staff must not, under any circumstances, collect or record a Friend's personal contact information on the Referrer's behalf prior to the Friend making independent contact with Timely.
 

Privacy compliance notice: 
Privacy compliance notice: Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, a Referrer does not have the right to disclose a third party's personal information to Timely without that person's knowledge and consent. A Referrer who submits a Friend's contact details to Timely without the Friend's prior knowledge does so in breach of applicable privacy law and this Agreement. Any such referral will be disqualified. The Friend must always initiate contact with Timely themselves.

4.  Consent and Acceptance of Terms.

4.1  Referrer Consent.

By participating as a Referrer (including by requesting a Referral Contact from a Timely salesperson), the Referrer:

(a)  irrevocably agrees to be bound by this Agreement in its entirety;

(b)  warrants that they will only transmit the Referral Contact to their Friend and will not submit the Friend's personal details to Timely on the Friend's behalf; and

(c)  acknowledges that the Reward is conditional upon satisfaction of all requirements set out in clause 5 of this Agreement.
 

4.2  Friend Consent.

By contacting Timely via the Referral Contact, the Friend:

(a)  voluntarily provides their own personal information to Timely;

(b)  consents to Timely contacting them for the purpose of discussing and facilitating their use of Timely Terminals;

(c)  acknowledges that their personal information will be collected, used, and stored in accordance with Timely's Privacy Policy, available at https://www.gettimely.com/support/privacy/; and

(d)  agrees to be bound by this Agreement to the extent applicable to their participation as a Friend.
 

4.3  Terms Accessibility.

This Agreement is hosted on the Timely Help Centre and is linked in all Program communications. Participation in the Program in any capacity constitutes acknowledgement that the participant has had the opportunity to read, and agrees to be bound by, this Agreement.

5.  Reward — Conditions for Entitlement.

5.1  Qualifying Conditions.

A Referrer will be entitled to receive the Reward only upon satisfaction of all of the following conditions:

(a)  the Friend has contacted Timely directly via the Referral Contact in accordance with clause 3 of this Agreement;

(b)  the Friend is a verified new Timely Terminals customer and no disqualifying condition under clause 6 applies;

(c)  the Friend's Terminal has been activated on or before 31 June 2026;

(d)  the Friend has completed the Qualifying Transaction Period; and

(e)  the Referrer's eligibility has been verified against Timely's records.
 

5.2  Post-Period Completion.

Where the Friend's Activation Date occurs on or before 31 May 2026, the Qualifying Transaction Period may extend beyond the Program end date. In such circumstances, Timely Terminals Refer a Friend — Australia Terms and Conditions | Page 4 of 6 the Reward will be issued upon completion of the Qualifying Transaction Period, provided all other qualifying conditions remain satisfied.
 

5.3  Reward Limit.

Each Referrer is entitled to a maximum of two (2) Rewards (totalling $200 AUD) during the Program Period. No further Rewards will be issued to a Referrer who has received two qualifying Rewards, regardless of the number of additional referrals made.

6.  Disqualification.

Timely reserves the right, in its sole discretion, to disqualify any referral and to withhold or recover any Reward where:

(a)  the referral constitutes a Self-Referral;

(b)  the Referrer has submitted the Friend's personal contact details to Timely without the Friend's knowledge and consent, in breach of clause 3;

(c)  the Referrer or Friend has engaged in fraudulent, deceptive, or dishonest conduct in connection with the Program;

(d)  the referral is made by or on behalf of an employee, contractor, officer, or agent of Timely or any related body corporate;

(e)  the Friend fails to satisfy the Qualifying Transaction Period; or

(f)  any other provision of this Agreement has been materially breached by a participant.

7.  Reward Fulfilment.

7.1  Verification and Issuance.

Timely will manually verify satisfaction of the Qualifying Transaction Period. Upon verification, the Reward will be issued to the email address associated with the Referrer's Timely account via GiftPay within a reasonable time following verification.
 

7.2  GiftPay Terms.

GiftPay e-vouchers are subject to GiftPay's own terms and conditions, including applicable expiry dates. Timely accepts no liability for the availability, functionality, or delivery performance of the GiftPay platform, or for any failure or delay attributable to GiftPay.
 

7.3  Non-Transferability.

Rewards are personal to the Referrer and are non-transferable. Rewards have no cash equivalent and may not be exchanged for cash or credit.

8.  Program Modification and Termination.

Timely may, in its sole discretion, modify, suspend, or terminate the Program at any time, including where the allocated program budget has been exhausted, by providing notice to participants via email or by updating this Agreement on the Help Centre. Where Timely terminates the Program prior to 31 May 2026, any Referrer whose Friend's Terminal has already been activated at the date of termination will remain entitled to the Reward upon completion of the Qualifying Transaction Period, subject to satisfaction of all other qualifying conditions.

9.  Privacy.

Timely collects, uses, and stores personal information in connection with this Program in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles and its Privacy Policy, available at https://www.gettimely.com/support/privacy/, which is incorporated by reference into this Agreement. Personal information collected from Referrers and Friends will be used solely for the purposes of administering the Program and, with the Friend's consent given pursuant to clause 4.2, for Timely's sales and marketing activities. Referrers must not disclose a Friend's personal information to Timely without that Friend's prior knowledge and consent. Any purported referral made in breach of this clause will be disqualified under clause 6(b).

10.  Disclaimers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH))), TIMELY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OR CONTINUITY OF THE PROGRAM, THE TIMELY PAYMENT PLATFORM, OR THE GIFTPAY DELIVERY MECHANISM. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED UNDER APPLICABLE LAW.

11.  Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIMELY'S TOTAL AGGREGATE LIABILITY TO ANY PARTICIPANT IN CONNECTION WITH THE PROGRAM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE VALUE OF THE REWARD ($100 AUD) IN RESPECT OF THAT PARTICIPANT'S INDIVIDUAL CLAIM. IN NO EVENT SHALL TIMELY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE, PROFIT, GOODWILL, OR DATA.

12.  General.

12.1  Governing Law and Jurisdiction.

This Agreement is governed by and shall be construed in accordance with the laws of the State of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia in respect of any dispute arising out of or in connection with this Agreement.
 

12.2  Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, severed from this Agreement, and the remaining provisions shall continue in full force and effect.
 

12.3  No Waiver.

No failure or delay by Timely in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provision.
 

12.4  No Third-Party Beneficiaries.

This Agreement is entered into for the sole benefit of Timely and each participant. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
 

12.5  Relationship of Parties.

Nothing in this Agreement creates or shall be construed to create any joint venture, partnership, employment, agency, or fiduciary relationship between Timely and any participant.
 

12.6  Entire Agreement.

This Agreement (together with Timely's Privacy Policy, incorporated by reference) constitutes the entire agreement between Timely and each participant with respect to the Program and supersedes all prior or contemporaneous representations, understandings, or agreements relating to its subject matter.
 

12.7  Notices.

Notices from Timely to participants may be delivered by email to the address associated with the participant's Timely account, or by updating this Agreement on the Help Centre. Participants should direct enquiries regarding the Program to the Timely Payments team at [payments@gettimely.com].