TERMS AND CONDITIONS OF USE
In this Agreement:
Last Updated: 25 May 2015
COLLECTION OF INFORMATION
In order to use the eWAY Payment Gateway (eWAY), we require certain personal and corporate information relating primarily to Your internet merchant facility (including Your merchant number, terminal ID and/or settlement account, depending on Your Merchant Bank).
We collect corporate information, including your company name, website, email address, type of business and ABN.
We collect personal information such as your name, email address, telephone number, address, credit card information and date of birth.
The information we collect (whether personal or corporate) is collected in one or more of these ways:
Where information is provided to us by a third party engaged by you, we are typically only provided with your name, phone number and/or email address.
We collect personal and corporate information for the purpose of providing you with eWAY’s payment gateway product and a high level of customer service.
Any communication with us (regardless of mode) is recorded and stored in order to provide service references, ensure compliance with our service standards and to assist in our staff training and development initiatives.
In order to use this Website, you must first complete the registration form and create a username and password. During registration you must provide us with certain personal information (such as name and Email address). We use this information to contact you about the services on our site in which you have expressed interest.
You have the option to provide company demographic information (such as industry type and business size) to us; we encourage you to submit this information so we can provide you with a more personalised experience on our site. eWAY is the sole owner of the information collected on www.eway.com.au. eWAY collects personal information from our users at several different points on our Website.
USE OF COLLECTED INFORMATION
When we collect your personal or corporate information, we use that information to:
Where we disclose your personal or corporate information to third parties, it is solely for the purpose of such third parties establishing your merchant account and processing payments, unless otherwise stated.
If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as our administration area, may be limited.
eWAY uses your personal information for essential communications, such as confirmation Emails, accounts information, and critical service details. We may also use this information for other purposes, including direct marketing. If at any time you wish not to receive such correspondence, you may request to be removed from any mailing lists by emailing us at
We use third parties to provide the essential links between the merchants, the banks and ourselves in order to provide credit card payment gateway services on our site. When you sign up for eWAY, we will share your Internet Merchant Account details as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose.
eWAY does not share any information with third parties for any unknown or unrelated uses.
CLEAR GIFS (WEB BEACONS /WEB BUGS)
Our third party advertising partner, such as Google Adwords and third party tracking utility partners may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information.
To learn more about our advertising company's use of clear gifs, please go to
If you use the eWAY forum on this site, you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums.
We reserve the right to disclose your personal information as required or permitted by law (including Privacy Law) and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process.
We may post customer testimonials on our website which may contain personal information such as the customer's name. We will obtain your consent to use your personal information prior to posting the testimonial. If at any time you no longer wish to have any testimonial you have provided posted on the website you may request for it to be removed by emailing us at
eWAY provides free-of-charge a directory for associated partners to join. eWAY associated partners generally include third party applications that contribute to the functionality of the Gateway Services. The process of registering for the partner directory is initiated and completed entirely by the partner, with all information submitted by the partner. If at any time the partner feels that they no longer wish to be a part of this directory they can request to be removed by e-mailing us at
LINKS AND OTHER EWAY SITES
There are many external links on the eWAY site. The terms and conditions set out in this privacy statement only cover sites operated by eWAY, which include au.myeway.com and quote.eway.com.au .
STORAGE OF COLLECTED INFORMATION
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, you can email us at
ACCESS TO COLLECTED INFORMATION
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on the Your Profile page in the eWAY Administration Area or by emailing our Customer Support at
or by contacting us by telephone or postal mail at the contact information listed below.
or by contacting us by telephone or postal mail at the contact information listed below.
We will contact you to acknowledge your complaint as soon as possible after receiving your complaint. We will investigate your complaint and provide you with a written response. If we are unable to resolve your concern, you may request an independent person to investigate your complaint, such as the Privacy Commissioner.
Web Active Corporation
Level 1, 2 Shea Street,
Phillip ACT 2606
eWAY believes that the privacy of its users is of the utmost importance, and all efforts are made to ensure that any communications from eWAY are carried out to benefit our valued merchants.
eWAY uses third-party tools for all mass email campaigns, allowing users to unsubscribe should they wish to no longer receive emails from us. These tools allow us to manage our email lists and ensure that once a user has unsubscribed they can no longer be contacted. These tools abide by anti-spam laws and make all efforts to ensure that any email communication is carried out to benefit recipients.
eWAY adheres to the Australian Spam Act 2003 and regularly updates this policy in response to changes set by
Should you receive any communications from eWAY and no longer wish to do so, please unsubscribe by sending an email to
Merchant Services Agreement
This Merchant Agreement applies when You, the Customer, as defined in the above Terms and Conditions have your merchant account provided by eWAY, and do not have a direct merchant relationship with an acquirer for use of the Services.
This Merchant Agreement should be read independently to the above Terms and Conditions.
Beagle Alerts Additional Terms and Conditions
- By subscribing to Beagle Alerts, you are subscribing to the Third Party Services provided by Retail Decisions (Australia) (“ReD”), You acknowledge and accept that:
- The ReD Third Party Services contains copyright and proprietary materials licensed from ReD;
- Other than in certain specific instances, ReD disclaims any warranty of any kind directly to You, including warranties of title, performance, merchantability, fitness for a particular purpose and non-infringement;
- ReD’s liability is limited to specific instances;
- You are required to maintain properly functioning systems and circuits to use the current release or prior release of the Third Party Services, it being understood that a properly functioning interface is requisite for the integrity of the Red Third Party Services. ReD will provide specifications for the interface between eWAY and You. You are required to upgrade Your systems to a new release within one year of its publication;
- You are to comply with all applicable data protection laws, consumer and other laws and regulations with respect to Your (i) provision, use and disclosure of data; (ii) dealings with the Cardholders providing Cardholder Data; and (iii) use of the ReD Third Party Service;
- Your ability to benefit from the ReD Third Party Service depends on the existence of a current agreement between ReD and eWAY; and
- eWAY may terminate these additional terms and conditions in accordance with clause 13 of the Agreement.
- You must:
- perform all activities reasonably required for the installation and issuance of a certificate of installation, in accordance with instructions provided by ReD or eWAY;
- deliver orders to ReD via the realtime client interface or via the interface software;
- deliver back-end data to ReD via the back-end interface;
- maintain and ensure property functioning systems and circuits necessary to use the ReD Third Party Services at all times, it being understood that a properly functioning interface is requisite for the integrity of the ReD Third Party Services;
- maintain technical and operating resources at all times to facilitate the effective delivery of the ReD Third Party Services;
- refrain from deploying any risk management techniques of which ReD is unaware, such deployment being detrimental to ReD Third Party Services; and
- ensure that Cardholder consent is obtained at the time and point of the Cardholder request for ReD to use the Cardholder Data that is sought by eWAY or You and provided by the Cardholder during the Cardholder requests, for delivery of the ReD Third Party Services.