Finance

Terms of Service - Australia

LAST UPDATE: 14 November 2019 

HIGHLIGHTS:

• Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase. 
• You must be over 18 years old and be the authorised holder of an eligible debit/credit card to apply (see clause 2.4 for eligibility criteria).
• All orders are subject to Afterpay’s approval – for example, if you have any overdue payments, Afterpay will not be available to you. For more information on assessment and checks, see clause 6.2
• As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment - see clause 6.2(f)
• You can make repayments to Afterpay any time BEFORE the due date. Otherwise, Afterpay will automatically try process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply – initial $10 late fee, and a further $7 if the payment remains unpaid 7 days after the due date.
• For each order below $40, a maximum of one $10 late fee may be applied per order. For each order of $40 or above, the total of the late fees that may be applied are capped at 25% of the original order value or $68, whichever is less. See Schedule 1.
• If you won’t be able to pay us on time, please contact us as soon as possible. Please click here for more information regarding Hardship. 
• The delivery/quality of goods and all refunds is the responsibility of the retailer where you make the purchase or the Third Party Supplier who supplies the Third Party Goods available through our Website. 

 

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS:

As part of our approval process and our assessment as to whether or not you have the capability to fulfil your obligation to make future payments to Afterpay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain a barcode for an in-store purchase or add a new Card to your Afterpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. For in-store, where a barcode is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation if the barcode is cancelled or expires. No funds are received by Afterpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available.

PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorisation transaction within a few hours of the pre-authorisation transaction being conducted by Afterpay. However, in some observed instances, banks have taken up to fourteen (14) days to finalise this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalise this process and Afterpay makes no representations on this subject matter.

Please read this Agreement carefully. By clicking to accept these terms and using Afterpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Afterpay’s Privacy Policy which can be found here. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Afterpay’s Privacy Policy for your records.  

1.  Welcome to our Website

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

 

1.1  Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Afterpay Pty Ltd ACN 169 342 947 (‘Afterpay’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Afterpay Products.

 

1.2  Policies incorporated into this Agreement

Before you create an account with us or use any of our Products, you should read this Agreement, as well as Afterpay’s Privacy Policy and any other policy found on the Website, which are incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

 

1.3  Changes to this Agreement

(a) Afterpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Afterpay Account in accordance with clause 3.4.

(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.

 

2.  Our relationship

 

2.1  About us

(a) Our Products allow you to buy (i) goods or services offered by online or in-store Retailers including a Retailer in an overseas jurisdiction permitted by Afterpay, and (ii) Third Party Goods from Third Party Suppliers available through our Websites.

(b) By placing an Order with a Retailer and using our Products, you provide us with unconditional and irrevocable consent and direction to pay (or procure an Afterpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Retailer) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) By placing an Order through our Websites for Third Party Goods, you agree to repay or pay to us in accordance with this Agreement the agreed amounts (which my include any applicable taxes or duties or other related amounts charged by the Third Party Supplier) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date as set out in clause 4.

(d) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Retailers paid for with our Products. We cannot ensure that a Retailer you are dealing with will complete the transaction.

(e) You acknowledge that we act as agent for the Third Party Suppliers when we process Orders for Third Party Goods through our Websites. Delivery, fulfilment and customer support for the Third Party Goods will be provided by the Third Party Supplier. You agree to be bound by the terms and conditions of the Third Party Supplier identified to you at the time of purchase. Please review all applicable Third Party Supplier terms and conditions prior to placing your Order for any Third Party Goods.

(f) Afterpay does not:

(i) Enter into a partnership, joint venture, agency or employment relationship with you;
(ii) Guarantee the identity of any Retailer;
(iii) Determine if you are liable for any taxes; or
(iv) Collect or pay any taxes on your behalf that may arise from your use of our Products.

 

2.2  Your Consumer Rights

As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:

(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.

Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

 

2.3  No warranty

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or Third Party Goods, or of the content on our Website.

(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.

(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.

 

2.4  Your eligibility

(a) To be eligible to use our Products you must:

(i) be an individual who is at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and Australian mobile telephone number;
(iv) provide a valid delivery address in Australia; 
(v) have access to a Payment Method, for example by being the holder of a Card; and 

(vi) in connection with your use of your Afterpay Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Afterpay Account.

(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

 

2.5  Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.

 

3.  Your Afterpay Account

 

3.1  Creating your Afterpay Account

(a) We will create your Afterpay Account when you place your first Order with any of our Retailers or for Third Party Goods available through our Websites. You may also create your Afterpay Account by visiting the Afterpay Website.

(b) Once your Afterpay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Afterpay Account, using your secure password, through our Website.

(c) You are responsible for maintaining the security of your Afterpay Account details. We will not take responsibility for unauthorised access and use of your Afterpay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) You acknowledge and agree that if a person places an Order by using your Afterpay Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:

(i) we are or at any time become aware of that or the use of your Afterpay Account not being authorised by you;
(ii) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person, a Retailer or a Third Party Supplier; or
(iii) any rights or claims that we, a Retailer or a Third Party Supplier may have against that person.

except to the extent any use of your Afterpay Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement. 

3.2  Your obligations to us as a holder of an Afterpay Account

By holding an Afterpay Account with us, you agree that you must:

(a) Pay any applicable Fees associated with your use of our Products and your Afterpay Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Afterpay Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Afterpay Account via our Website;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Afterpay Account, our Products or Third Party Goods for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Afterpay Account;

(g) Be aware of and pay any taxes that may apply to your use of our Products;

(h) Not permit others to use your Afterpay Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Websites;

(j) Immediately contact us if you believe that your Afterpay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Retailers or Third Party Suppliers; 

(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one Afterpay Account.

 

3.3  In-store payment via barcode

(a) If you wish to make an in-store purchase using Afterpay, you must create an Afterpay Account (new Afterpay customers), or log in to your existing Afterpay Account (existing Afterpay customers), and request authorisation to make an in-store purchase up to a nominated value via the Afterpay App.

(b) If your request is approved, Afterpay will promptly issue you with a barcode via the Afterpay App which you may use to make a single purchase with a Retailer who offers Afterpay in-store up to the nominated value.

(c) The barcode will be scanned by the Retailer to finalise your Afterpay purchase. Your first 25% instalment will be due at the time of purchase. Payments will be deducted from your Nominated Payment Source in accordance with your Payment Schedule.

(d) Once a barcode has been used to make an Afterpay purchase, it cannot be used again, even if the value of the purchase was less than the value of the barcode.

(e) Unused barcodes will expire.

(f) A barcode must only be used by you as the Afterpay Account holder. It is your responsibility to keep the barcode secure at all times from theft, fraud, misuse and/or unauthorised use.

(g) If the barcode is faulty, or has been lost or stolen prior to its expiry, you can contact us on 1300 100 729 and we will endeavour to cancel it unless it has been used already.

(h) To the extent permitted by law, and subject to clause 2.2, we will not be liable to you or anyone else for any losses suffered or incurred due to delay in receipt of, or for any lost or misdirected, barcodes sent to the email address you have provided, or for any losses suffered or incurred due to the theft, fraud, misuse or unauthorised use of the barcode, except to the extent that such losses arise as a result of our negligence, wilful misconduct or breach of this Agreement.

 

3.4  Closing your Afterpay Account

(a) You may request to close your Afterpay Account by contacting us directly. You may only request to close your Afterpay Account if:

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and
(ii) no disputes or refunds are in progress.

(b) You may not close your Afterpay Account to evade investigations of any nature.

(c) We may close your Afterpay Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(d) Except as otherwise stated, this Agreement will be terminated once your Afterpay Account is closed. However, you will remain liable for all outstanding obligations related to the Afterpay Account even after it has been closed.

(e) We may immediately limit your access to our Products or suspend or close your Afterpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d); 

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Afterpay Account or our Products in breach of this Agreement); or

(iv) we otherwise reasonably consider the activity associated with the Afterpay Account to be suspicious.

(f) We will use our best efforts to provide written notice to you before closing your Afterpay Account, in the circumstances described in clause 3.4(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Afterpay Account in accordance with clause 3.4(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Afterpay.

(g) Despite clause 5(f), where your Afterpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until the earlier of:

(i) the date on which all amounts you owe to us have been paid to us; or
(ii) the date which is 120 days after your last Order or such later date we have agreed with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchased by you. After that time, the Retailer or Third Party Supplier will be solely responsible for processing all product returns and associated refunds.

 

 4.  Orders, payments and billing

 

 4.1  Order Confirmation and Payment Schedule

(a) All Orders which you place with Afterpay are subject to approval by Afterpay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by Afterpay; or

(v) we otherwise reasonably consider the Order to be suspicious.

(b) If we cancel an approved Order:(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Afterpay in relation to a payment for the approved Order, that payment will not be refunded by Afterpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer or Third Party Supplier (as applicable) will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;
(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
(iii) if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative payment method in its discretion, or if required to do so by law.

(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Afterpay Account, otherwise Afterpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Afterpay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Afterpay reserves the right to re-attempt to process the payment at a later time or date.

4.2  Automatic Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Afterpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Afterpay Account.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Afterpay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.

(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:(i) Debiting your Nominated Payment Source at a later time or date;
(ii) Debiting any other Card which you have provided details of;
(iii) Offsetting the payment amount against any amounts we may owe to you; or
(iv) Any other legal means.

Please see clause 4.3 below for more information regarding Late Fees.

4.3  Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.

(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Afterpay’s error, please let us know, and we will waive or refund such fees, as relevant.

4.4  Fees

(a) Charges or Fees, if any, payable by you for the use of our Products or your Afterpay Account will be set out in Schedule 1 to this Agreement.

 

4.5 Cross Border Transactions

Where you use our Products to make a Cross Border Transaction, we will convert what the Retailer charges for the goods into your local currency using a retail exchange rate selected by Afterpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.

4.6  Interest

(a) No interest charges are payable by you for the use of our Products.

4.7  No set off

Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

4.8 Higher Upfront payment

Where the Original Order Value exceeds your approved spending limit with Afterpay, you may be offered the option to pay an instalment at the time of purchase which is higher than 25% of the Original Order Value (Higher Upfront Payment).

If this section applies to you, the Higher Upfront Payment will display prior to you confirming your Afterpay Order, and we will act as your agent by paying through your Higher Upfront Payment to the merchant. For the avoidance of doubt, Your obligations with respect to Your Payment Schedule (regardless of the applicability of this section) shall continue to apply in accordance with this Agreement, including your obligations under clause 4.2.  

5.  Refunds

(a) If you decide to return goods to a Retailer or Third Party Supplier (as applicable), which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or Third Party Supplier or permitted by law, you will directly arrange the return with the Retailer or Third Party Supplier, ensuring that the goods are returned according to the Retailer’s or Third Party Supplier’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Retailer or Third Party Supplier if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Retailer’s or Third Party Supplier’s returns policy or as otherwise permitted by the Retailer or Third Party Supplier.

(c) Unless we are notified by a Retailer or Third Party Supplier that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.

(d) Until such time that the Retailer or Third Party Supplier has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Retailer or Third Party Supplier has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.

For example, if you make a $400 purchase using Afterpay and the retailer approves a $250 refund, we will cancel your 3rd and 4th instalments of $100, and amend your 2nd instalment to $50. Your new payment schedule will become 2 payments (instead of 4) of $100 & $50. If you had already paid 2 instalments of $100 each, a refund of $50 would be applied to your card and the remaining 2 instalments would be cancelled.

When a Retailer issues a refund for a Cross Border Transaction, Afterpay will use the original retail exchange rate (used at the time the order was placed) to determine the refund amount to apply to your Nominated Payment Source for the relevant goods. 

For example, if a New Zealand Retailer charged 100NZD which was converted to $96 as the Original Order Value, if the Retailer issues a refund for 50NZD, your order total and Payment Schedule will be adjusted by $48.

(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Retailer will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchase by you.

 

6.  Assessment and checks

6.1  Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.

6.2  Repayment capability and identity checks

(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).

(b) You agree to provide any information or documentation reasonably requested by Afterpay, a Retailer or a Third Party Supplier to verify your identity in connection with your Afterpay Account or Orders.

(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Afterpay Orders. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.

(d) All information that Afterpay collects about you or the recipient you nominate for the Third Party Goods, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Afterpay Privacy Policy (https://www.afterpay.com.au/privacy/).

(e) You authorise Afterpay (or any third parties providing services on behalf of Afterpay) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Afterpay Account. In addition, you acknowledge that Afterpay reserves the right to report any negative activity on your Afterpay Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.

(f) As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make payments to Afterpay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain a barcode for an in-store purchase or add a new Card to your Afterpay Account.

For online purchases:

(i) the pre-authorisation amount will not exceed your first instalment (plus one cent) owed to us for that purchase; and
(ii) we immediately instruct your bank to void this pre-authorisation transaction.

For in-store purchases:

(iii) the pre-authorisation amount will not exceed 25% of the value of the barcode (plus one cent); and
(iv) where a barcode is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation transaction upon expiry or cancellation of the barcode.

No funds are received by Afterpay during the pre-authorisation process.

(g) We cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction and our voiding of that transaction.

7.  Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Afterpay. The information on our Website is for information purposes only and is subject to change without notice.

(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

8.  Complaints and disputes

8.1  Disputes between you and a Retailer

(a) If you have a dispute with a Retailer or Third Party Supplier (as applicable), you should file a dispute through direct contact with the Retailer or Third Party Supplier.

(b) Whilst Afterpay will endeavour to facilitate communication between you and the Retailer or Third Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Retailers or Third Party Suppliers will not affect Afterpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

8.2  Disputes between you and us

(a) We aim to:

(i) Acknowledge receipt of all complaints within 5 business days; and
(ii) Resolve all complaints within 21 days.

(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Email: info@afterpay.com.au
Phone: 1300 100 729
Mail: GPO Box 2269, Melbourne, VIC 3001, Australia

(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

(d) Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

(e) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.  

Email:    info@afca.org.au

Website:  www.afca.org.au

Phone:   1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority

                       GPO Box 3, Melbourne VIC 3001

9.  Notices and Communications

9.1  How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Afterpay Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Afterpay Account; or
(ii) sending it to you via other electronic methods of communication using contact details listed on your Afterpay Account (including text messages).

(d) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.

(e) You consent to us using the contact details you have provided to us to:

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or
(ii) contact you in relation to your Afterpay Account, our Products and/or any Third Party Goods you have purchased.
(f) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Afterpay’s own protection. Afterpay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

9.2  How you can communicate with us

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by mail to:

Afterpay, GPO Box 2269 Melbourne, VIC 3001, Australia

(b) Other communications

If you wish to contact us for any other reason, you can do so on the details below:

Email: info@afterpay.com.au
Phone: 1300 100 729
Mail: GPO Box 2269, Melbourne, VIC 3001, Australia

10.  General

10.1  System Outages

(a) Access to our Products or our Websites may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our control.

(b) To the extent permitted by law, and subject to clause 2.2, Afterpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

10.2  Governing Law and Jurisdiction

(a) This Agreement is governed by the law in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.

 

10.3  Limitation of Liability

(a) To the full extent permitted by law, and subject to clause 2.2:

(i) Afterpay’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees; 

(ii) Except for claims arising in respect of clause 10.5, your liability for all claims arising under or related in any way to this Agreement no matter how arising (including the indemnity in clause 10.4), and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees; and

(ii) Neither party (including in relation to Afterpay, its related bodies corporate, or any third party providing services on behalf of Afterpay), will be liable for any Consequential Loss arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.

(b) Afterpay and its related bodies corporate, or any third party providing services on behalf of Afterpay, and the directors, employees, officers, agents and representatives of them, will not, to the extent permitted by law and subject to clause 2.2, be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Retailer or a Third Party Supplier, except to the extent that we cause such loss or damage (in which case, our liability to you is limited as set out in clause 10.3(a) above). You acknowledge that any consumer-related claims you may have in respect of the goods or services purchased from a Retailer or Third Party Supplier will be a matter between you and the Retailer or Third Party Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Retailer or Third Party Supplier.

(c) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.

(d) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.

 

10.4  Indemnification

(a) You are responsible to Afterpay and any related companies of Afterpay to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.4(a) gives a non-party rights, Afterpay contracts as trustee of the rights given under that clause.

(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Afterpay, its contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.

10.5 Breach relating to misuse of the Products

(a) You acknowledge that it is imperative that Afterpay be able to rely on:

(i) the information you provide to us;
(ii) the identity that you use; and
(iii) that your use of your Afterpay Account and our Products be for the intended purpose.

(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Afterpay and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Afterpay or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.  

(c) If Afterpay reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Afterpay Account and our Products, you agree, on request from Afterpay, to provide Afterpay with copies of all documents, notes or communications in relation to such alleged breach. 

(d) This clause 10.5 survives termination of this Agreement.

DEFINITIONS

Afterpay, we, us or our means Afterpay Pty Ltd ACN 169 342 947, and can include an Afterpay Affiliate where applicable.

Afterpay Account means an account that Afterpay creates to uniquely identify you and to enable you to use our Products.

Afterpay Affiliate means a related body corporate or related entity of Afterpay, including one in another jurisdiction.

Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.

Card means any Australian card issued by Visa or MasterCard, excluding Gift Cards and other pre-paid cards.

Consequential Loss means any loss, damage or costs incurred that is:

(i) indirect or consequential; and 

(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Afterpay directly in respect of this Agreement.

Consumer Rights has the meaning given in clause 2.2.
Fees means any fees charged by us, as described in this Agreement, including Late Fees.

Cross Border Transaction means an Afterpay Purchase between You and a Retailer in an overseas jurisdiction permitted by Afterpay.

Gift Card means a stored value or prepaid card which, when activated:

(a) can be used to purchase services or merchandise from suppliers;
(b) may not be redeemable for cash;
(c) may be capable of being used on multiple occasions;
(d) is marketed solely as a gift card;
(e) is not a component of another financial product; and
(f) prominently displays or permits the prominent display on the card or mechanism either:(i) the expiration date; or (ii) the number of months following purchase that such card or mechanism expires (along with room to write the purchase date on such card or mechanism).

For the avoidance of doubt, Gift Card includes both open loop and closed loop pre-paid cards.

Late Fees mean the fees set out in Schedule 1.

Nominated Payment Source has the meaning given in clause 4.2(a).

Order means a request submitted by you to us, to use an Afterpay Product to pay for goods or services offered by a Retailer or to pay for Third Party Goods available through our Websites.

Original Order Value means the total cost of your Order displayed to you by Afterpay in the Afterpay payment window (before any refunds may be applied).

Payment Method means any payment method accepted by Afterpay from time to time.

Payment Schedule means, in relation to an Order, a list of payment amounts that Afterpay is entitled to receive from you, and the relevant due dates of each payment.

Products mean the payment products and associated services offered by Afterpay from time to time.

Retailer means an online or in-store merchant with which Afterpay or an Afterpay Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.

Third Party Goods means goods or services supplied by a Third Party Supplier that may be purchased through our Websites using the Products.

Third Party Supplier means our third party supplier of goods and services available through our Websites.

Website means www.afterpay.com, www.afterpay.com.au, www.secure-afterpay.com.au and any other website operated by Afterpay, including the Afterpay App.

You (or Your) means the person identified when an Afterpay Account is created. If:

(a) such person does not exist, or
(b) the name or details are used by someone who is not in fact that person, or
(c) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.

SCHEDULE 1

Late Fee: $10 Late Fee if a payment is due from you but not received by Afterpay in accordance with the Payment Schedule, with a further $7 Late Fee added seven days after the payment is due if the payment is still unpaid.

Afterpay has introduced caps on Late Fees (effective for all payments due on or after 30 June 2018):

(a) For each Order with an Original Order Value below $40 - a maximum of one $10 Late Fee may be applied;

(b) For each Order with an Original Order Value between $40 and $272 (inclusive) - the aggregate sum of the Late Fees applied in relation to the Order will not exceed 25% of the Original Order Value; and

(c) For each Order with an Original Order Value above $272 – a maximum of $68 (i.e. 4 x $17) of Late Fees may be applied.

For example, a $25 Order will have a maximum of one $10 Late Fee applied, a $108 Order will have up to $27 (25% x $108) of Late Fees applied, and a $500 order will have up to $68 of Late Fees applied (maximum limit). Once the cap is reached, no additional Late Fees will be applied to payments associated with that Order.

Please note: there are no partial Late Fees, so all applied Late Fees are either $10 or $7 subject to the caps above.

Other fees or charges: Nil

 

Zip Pay

Minimum monthly repayments are required. A monthly account fee of $7.95 applies. Pay your closing balance in full each month and we'll waive the fee.

 

Zip Money

Minimum monthly repayments are required. Paying only the minimum monthly repayment amount will not pay out the purchase within the interest free period. Any balance outstanding at the expiry of the interest free period for the purchase will be charged interest at the contractual rate, currently 19.9%. A $7.95 monthly account fee applies. A one-off establishment fee may apply.

Available to approved applicants only. Terms & Conditions apply and are available on application. See your contract for further details. Credit provided by zipMoney Payments Pty Limited (ABN 58 164 440 993, Australian Credit Licence Number 441878).

Version:  July 2019

This Agreement is a contract between you (you or your) and LatitudePay Australia Pty Ltd (ABN 23 633 528 873) (LatitudePay). It sets out the terms and conditions of use of our Services and upon which you may pay for goods or services purchased from one of LatitudePay’s authorised Merchants through LatitudePay advancing a loan to you, which you repay in 10 or less equal instalments, without interest.

By registering to use the Service, you acknowledge and agree to be bound by the terms and conditions of this Agreement.

Introduction

0. These terms set out the basis on which you are able to access and use the Service. If there is any inconsistency between these terms and any other terms set out on the Website, these terms will prevail (except as expressly contemplated by these terms).
1. Before you register with us or use the Service, you should read this Agreement as well as LatitudePay’s Privacy Policy which is incorporated by reference into this Agreement.
2. In summary, the Service operates as follows:
   1. you will register with LatitudePay to use the Service;
   2. you will select a Merchant that is offering the option to pay for goods and services using the Service and in the event that the Merchant is required to confirm that you can use the Service to pay for goods and/or services from that Merchant, subject to the Merchant’s confirmation being provided;
   3. you will apply for a Loan to pay the Merchant; and
   4. if your Loan Application is approved by LatitudePay, then you and the Merchant will each receive a confirmation, following which your transaction with the Merchant will be completed and the Merchant will deliver or provide the relevant goods and/or services to you.

The above steps are carried out online on the Website (except for the transaction between you and the Merchant).

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Registration as a Customer

3. In order to access and use the Service, you must register as a Customer by completing the online Customer Application. The Customer Application will collect personal information from you, which will be used by and disclosed by LatitudePay, on the terms set out in the Privacy Policy specified on the Website, which you agree will be binding on you.
4. You must complete the Customer registration process found under the “Sign Up” link on the Website.You may be directed to the Website following receipt of a request to register with LatitudePay from a Merchant as part of an in-store or online purchase process.
5. LatitudePay reserves the right not to register any person as a Customer if that person has not completed the registration process to LatitudePay’s satisfaction or does not meet LatitudePay’s eligibility criteria set out in clause 9.
6. You may be required to renew your registration with LatitudePay if you have not used the Service for 6 months, or otherwise not less than once per year.
7. Once you are registered as a Customer on the Website and your LatitudePay Account is created, you will be prompted to choose and enter a secure password. You will then be able to use the Service and apply for a Loan.
8. LatitudePay’s eligibility criteria for registering as a Customer are:
   1. You must be a natural person (that is, not a company, partnership, incorporated society, trust, or other legal entity);
   2. you must be an Australian citizen, Australian permanent resident or a temporary resident holding a visa that is valid for at least the next 12 months, which LatitudePay will verify through you having an Australian residential address and, upon request by LatitudePay, you will provide a copy of your driver’s license or passport for the purpose of verifying your identity;
   3. you must have a bank debit card or credit card (Visa or MasterCard) to use the Service;
   4. you must be 18 years of age or older when you register; and
   5. you must have an acceptable credit record, as determined by LatitudePay at its discretion. You agree to provide any necessary information required by LatitudePay to assist with LatitudePay’s determination of your credit record.
9. LatitudePay will complete a credit check in relation to you before approving your registration as a Customer.
10. LatitudePay may terminate or suspend your registration as a Customer at any time by notice to you if LatitudePay reasonably believes that you are not complying with these terms or are otherwise not using the Service for its intended purpose.
11. You may terminate your registration as a Customer at any time after you have repaid all money owing under this Agreement and any Loan Contract and once repaid, you may close your LatitudePay Account by notifying LatitudePay through the Website or by email at help@latitudepay.com.
12. If your registration is terminated or suspended, these terms will continue to apply in respect of any outstanding Loan Amounts and any Late Fees at the time the termination or suspension takes effect.
13. Subject to clause 13, these terms will apply to you for so long as you are registered as a Customer.

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Account Security

14. You are responsible for maintaining the security of your LatitudePay Account and password details. We will not take responsibility for unauthorized access and use of your LatitudePay Account unless such unauthorized access or use was caused by our failure to take reasonable steps to prevent such access and use.
15. You acknowledge and agree that all use of your LatitudePay Account (whether with your authorization or not) will:
    1. be deemed use by you for the purposes of this Agreement and any Loan Contract entered into hereunder; and
    2. will not affect your obligations under the Agreement except to the extent that any use of your LatitudePay Account by an unauthorized third party is due to our negligence, willful misconduct or breach of this Agreement.

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Loan Process

16. You can only use the Service with the Merchants that are listed on the Website. LatitudePay may from time to time introduce new Merchants who will be added to the Website.
17. Your Loan Application must be approved before you can use the Service with a Merchant. You may apply at any time for a specific Loan after you have completed the registration process. However, LatitudePay does not guarantee a successful approval of any Loan Application and the LatitudePay Service will not be available to you and you will not be approved for further Loans, if you have not made a payment due under a Loan Contract on or before the due date.
18. Each Merchant has the discretion to decide whether to enter into a transaction with you using the Service, including transactions relating to the part-payment of any goods or services provided by the Merchant.
19. LatitudePay provides the Service and has not manufactured or supplied any goods or services supplied by a Merchant. LatitudePay does not make any representation or warranty about a Merchant’s goods or services or their availability at any time and you acknowledge that you have not relied on LatitudePay’s skill, opinions or judgement in any way in relation to any goods or services acquired from a Merchant. You should read the Merchant’s terms and conditions regarding its sale of goods and provision of services and you should enquire into the Merchant’s compliance with Competition and Consumer Protection Act and any other applicable law.
20. The aggregate amount outstanding under all Loans (including any applicable fees or charges) must not exceed any limit notified to you by LatitudePay (which may be varied by LatitudePay at its discretion from time to time).
21. If you want to apply for a Loan using the Service, the Merchant will provide you with details of your proposed transaction (including the Loan) via the Website (by providing these details, the Merchant is making an irrevocable offer to you to enter into the relevant transaction on the basis of the payment details provided, subject only to the Loan Application being approved by LatitudePay). You will need to provide details to LatitudePay to complete the transaction. There is no fee payable by you when submitting a Loan Application.
22. As part of the Loan Application, you must provide LatitudePay with details of your debit or credit card with a registered bank in Australia, from which payments are to be made by you in respect of your Loan. By providing those details, you agree to LatitudePay (or LatitudePay’s agent) establishing a payment arrangement against that debit or credit card on the terms of the Direct Debit Request and Direct Debit Service Agreement attached to these terms for the amounts payable by you under these terms and any Loan Contract.
23. Once your Loan Application has been approved, you will be able to accept the Merchant’s offer and, on acceptance, you and the Merchant will simultaneously receive notification that the transaction has been completed and a Loan Contract will be in effect between you and LatitudePay under which LatitudePay will agree to advance the Loan Amount to you and you will repay the Loan on the terms of the Loan Contract.
24. You agree and acknowledge that if you receive notification from LatitudePay that a transaction has been completed, you are bound to complete the purchase of the relevant goods and/or services and you give us irrevocable and unconditional consent and direction to pay the Merchant on your behalf. You agree and acknowledge that any dispute, breach, defect or other issue in respect of a transaction with the Merchant does not affect your obligations under this Agreement or the relevant Loan Contract.

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Settlement

25. Your Loan will be deemed to be advanced to you (by way of settlement of the sale and purchase of the goods and/or services with the relevant Merchant) immediately after LatitudePay has provided you and the relevant Merchant with a notification confirming that the transaction has been completed. Your Loan will be on the terms of the Payment Plan Agreement and the Loan Contract offered to you by LatitudePay at the time the transaction is completed and will require you to make any scheduled repayments to us by instalments at the scheduled times in accordance with the Payment Plan Agreement. We will inform you of any fees and charges when we offer you the Payment Plan Agreement.
26. At the time the transaction is completed, LatitudePay will collect the first instalment that makes up 1/10th (or another factor determined by LatitudePay and notified to you from time to time) of the Loan Amount from you.
27. LatitudePay will be responsible for paying the Merchant for the goods or services you have agreed to buy from that Merchant.

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Fees and Charges payable by You

28. If a Loan is advanced to you and you are unable to pay any instalment payment, you must pay a Late Fee (currently $10 including GST) in relation to each such payment missed, which will be charged to your LatitudePay Account as soon as each payment’s deadline passes. Please get in touch with LatitudePay in advance if you think this might happen.
29. LatitudePay may from time to time introduce new types of fees or charges or vary the fees and charges to be charged under or in connection with the Service or Loan Contracts with effect from the time specified on the Website under the https://www.latitudepay.com/customer-terms-conditions/ section. However, any change to the fees or charges will apply in respect of a Loan only if you lodged the Loan Application on the Website after the change to the fees or charges came into effect.

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Repayments

30. You must pay the Instalment Amounts and all other amounts required to be paid by you under a Loan Contract to LatitudePay on or before the applicable due date(s). You acknowledge that all such payments will be effected through the payment arrangements referred to in clauses 23, 27 and 31.
31. The Loan must be repaid in 10 or less instalments in total, calculated by dividing the total purchase price of the good(s) and/or service(s) purchased (including GST and any related charges imposed by the Merchant) by 10 (or less).

Despite clauses 27, 31 and 32, you can prepay the Loan or any portion of it early, in accordance with the terms of the Loan Contract.

32. LatitudePay will automatically deduct payments due on the scheduled dates in accordance with your Loan Contract and the Direct Debit Service Agreement. Subject to the terms of the Agreement, you hereby expressly consent to, authorize and instruct LatitudePay to deduct the payment amounts from the credit or debit card nominated by you in your Account details. You may update or change your preferred debit or credit card details in your LatitudePay Account at any time. You must ensure that you have sufficient funds available on the debit or credit card nominated by you in order to make the payments due on the due date for payment specified in your Loan Contract.
33. You are liable for any fees or charges imposed by your debit or credit card provider except to the extent that they are imposed as a result of our error or system failure. If the automatic payment process fails (for example because your credit or debit card has expired) a Late Fee may be applied unless you otherwise make the payment on or before the relevant due date. You authorise us to debit your credit or debit card at a later time or date to satisfy any liability you owe to us.

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Your Obligations

34. By holding an Account with LatitudePay, you agree that you must:
    1. Pay any applicable fees associated with your LatitudePay Service;
    2. Not provide us with information which is false or misleading or inaccurate;
    3. Provide and update contact details through your LatitudePay Account on the Website;
    4. Not use the LatitudePay Service or your aAccount for any unlawful, fraudulent or improper activity;
    5. Cooperate with us fully to investigate any suspected unlawful fraudulent or improper activity on your LatitudePay Account;
    6. Not permit anyone else to use your LatitudePay Account or disclose your aAccount password details to any one else;
    7. Contact us immediately if you believe that your LatitudePay Account is subject to any unauthorised transaction, Account takeover, fraudulent activity or security breach; and
    8. Not open or use more than one LatitudePay Account.

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Collection Services

35. LatitudePay will provide (by itself or through a third party) collection and enforcement services (collectively, Collection Services) in respect of your Loans. The Collection Services include:
    1. monitoring all payment obligations under each Loan Contract;
    2. taking appropriate steps to contact you for payment arrears and to remedy a payment default.

You agree to pay any and all costs incurred as a result of Collection Services.

36. LatitudePay (or its agent) will be entitled to process additional direct debit payments to cover any collection fees payable by you.
37. LatitudePay may at any time without notice to you, set-off against any money owing by us, any debt or liability you may have to us in respect of any Loan Contract associated with this Account.
38. LatitudePay holds the right to report Credit Reporting Information (as defined under the Privacy Act such as Repayment History Information or Default Information) to a Credit Reporting Body as a consolidated entry for all Loans issued under this Agreement.

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Returns and Refunds

39. Returns and refunds are subject to each Merchant’s policy. LatitudePay will only provide a refund if the relevant Merchant approves the return of the relevant goods or services you paid for using LatitudePay.
40. You are responsible for contacting the relevant Merchant to request a refund or to return a purchased product.
41. If purchased goods have been returned to a Merchant in line with their policy and accepted by the Merchant they will notify LatitudePay and:
    1. The relevant Loan (or part thereof) and if all purchased goods are returned, the Loan Contract will be cancelled (along with any direct debit authority you have provided in relation to that Loan); and
    2. LatitudePay will process a refund of all Loan Repayments you have made under the relevant Loan where a full refund is processed and the Loan Contract is cancelled.
42. In the event of a return of purchased goods accepted by a Merchant which results in a partial refund, LatitudePay will process a refund calculated on how many instalments you have paid and the remaining balance of the Loan.
43. LatitudePay will email the Customer with details of the refund. You acknowledge that you are giving us the ability to pay any refunds due to you to the credit or debit card nominated in your Account details.

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Warranties

44. You warrant to LatitudePay that:
    1. all information you provide to LatitudePay is true, accurate, and complete, and there is no information which has not been provided which would impact on LatitudePay’s decision to register you as a Customer or to make a Loan available;
    2. you will provide LatitudePay with updated information in respect of any Loan or personal information if any of your circumstances have changed from the time you submitted your Customer Application;
    3. you will use an alternative bank debit or credit card if your card that is registered on your Account expires before your last Loan Repayment instalment; and
    4. if your residential address, email address, or telephone number changes, you will immediately provide LatitudePay with notice of the change and update the dashboard with your revised information.

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Right to Profit

45. You acknowledge and agree that LatitudePay and its Related Companies may be paid a commission or other financial benefit by the Merchant and/or by the person providing funding for the Loan in connection with any Loan or the Service.

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Liability

46. You acknowledge and agree, in respect of LatitudePay, and its respective employees, directors, officers, agents and contractors (together, relevant persons), that none of the relevant persons will be liable in respect of:
    1. any failure to provide the Service; or
    2. any failure to comply with this Agreement, if the failure or non-compliance is caused by events beyond its reasonable control; or
    3. any failure by you to be offered a Loan at any time.
47. To the maximum extent permitted by law, LatitudePay will not be liable for any loss or damage which you incur as a result of the LatitudePay Service and or the Website being unavailable.
48. You acknowledge that you do not rely on LatitudePay’s skill or judgement as to the suitability or otherwise of the Service for your specific needs.
49. LatitudePay will not be responsible or liable to you for any indirect, or consequential injury, loss or damage to you or your property whatsoever or howsoever arising.

Nothing in clause 46 to 49 inclusive or these terms limits any rights you may have under the Competition and Consumer Act 2010 or any other applicable legislation.

50. Notwithstanding any other provision of the Agreement, you must make all payments in accordance with your Payment Plan Agreement and pay all amounts under the Agreement without any set off, withholding or reduction for any reason whatsoever.

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Communications

51. You have agreed to receive all communications from us in electronic form. Communications (including any amendments to the Agreement) will also be provided to you in any of the following ways by notice (i) posted on our website (where permitted under the Agreement) or (ii) being sent to your email address.
52. You must provide notices to LatitudePay by email to the email address below. If you have any questions about the Service or these terms, please contact LatitudePay as follows: Email: help@LatitudePay.com

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Dispute Resolution

53. LatitudePay will not resolve any dispute you may have with a Merchant regarding any goods or services you have purchased using the Service. Please contact the relevant Merchant directly. The outcome of any dispute with a Merchant does not affect LatitudePay’s rights and remedies under this Agreement or the Loan Contract except as expressly provided in clause 39-43.
54. If you have a dispute with us, LatitudePay suggests you contact LatitudePay first and it will do all it can to resolve the dispute as soon as possible:
 Phone: 1300 557787 Email: help@LatitudePay.com
55. If LatitudePay cannot assist you with resolving the dispute, LatitudePay is member of Australian Financial Complaints Authority dispute resolution scheme. You may refer any dispute relating to the provision of the Service to that dispute resolution service, details of which are as follows:Phone: 1800 931 678 Email: info@afca.org.au Post: Australian Financial Complaints Authority, GPO Box 3, Melbourne Vic 3001 Website www.afca.org.au

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Amendments to Agreement

56. Subject to clause 30, LatitudePay may amend this Agreement and the way in which LatitudePay provides the Service, at any time by notice on the Website under the https://www.latitudepay.com/customer-terms-conditions/ section. You should check the https://www.latitudepay.com/customer-terms-conditions/ section of the Website regularly. Any such amendments will apply from the date stated on the Website.
57. Please read the revised version of the Agreement carefully before you make a purchase using the LatitudePay Service. If you do not agree with the revised version of the Agreement, do not make any further purchases using the LatitudePay Service.
58. The current terms of the Agreement will always be available to you to view on our website at https://www.latitudepay.com/customer-terms-conditions/.
59. If you do not agree with any changes we make to this Agreement, you may terminate this Agreement by repaying all money owing under this Agreement and any Loan Contract and once repaid, closing your LatitudePay Account.
60. We do not have to give you advance notice where an immediate change to the Agreement is required by law or is necessary to restore or maintain the security of our systems or your LatitudePay Account.

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Assignment

61. You may not transfer or assign any of your rights or obligations under these terms without LatitudePay’s prior consent.
62. LatitudePay may transfer or assign all and any of its rights and obligations under your Loan Contract or this Agreement to any person, without requiring your consent.

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Anti-Money Laundering Obligations

63. LatitudePay has initial and ongoing customer due diligence and other obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (or equivalent legislation in other countries) and related regulatory directives or guidelines. You agree promptly on request by LatitudePay to provide it with any information and documents that are reasonably required to enable LatitudePay to comply with those obligations.

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Governing Law

64. This Agreement is governed by the law in force in Victoria.. The parties submit to the non-exclusive jurisdiction of the courts of Victoria in respect of all matters arising under or in connection with this Agreement.

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Definitions

65. In these terms:

Agreement means this Agreement, together with any policies and documents incorporated by reference including the Privacy Policy, Direct Debit Service Agreement and the Loan Contract that applies to a transaction.

Customer means a natural person who has registered as a Customer with LatitudePay;

Customer Application means the application to become a Customer, set out on the Website;

Collection Services has the meaning given to that term in clause 36;

Credit Checks means the credit checks carried out by LatitudePay on a Customer, either itself or through a third party credit reporting agency;

Installment Amount means each instalment of the Loan Amount, which will be payable by the Customer to LatitudePay, on a regular basis until the Loan is fully repaid;

Late Fee has the meaning set out in the Loan Contract.

LatitudePay Account means an account that LatitudePay creates to enable you to (a) use the LatitudePay Service; (b) enable you to access information relating to this Agreement and each Payment Plan; and (c) to issue notices to you under this Agreement and any Loan Contract;

Loan means the Loan Amount lent by LatitudePay to a Customer using the Service;

Loan Amount means the amount advanced by LatitudePay to you under a Loan;

Loan Application means the application for a Loan, which is set out on the Website;

Loan Contract in relation to a Loan means the contract under which that Loan is made comprising the Payment Plan Agreement, the schedule of Loan Terms and Conditions and this Agreement;

Merchant means the supplier of goods and/or services which has registered with LatitudePay with which the Customer intends to use the Service;

Privacy Policy means the then current privacy policy of LatitudePay specified on the Website;

Service means the service relating to the management of the Customers’ payment for goods and services to Merchants which LatitudePay provides through the Website; and

Website means the website at www.LatitudePay.com, or such other website as LatitudePay may from time to time operate to provide the Service.

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Interpretation

66. In these terms:
    1. headings are inserted for ease of reference only, and do not affect the interpretation of these terms;
    2. references to you or your means the Customer;
    3. references to the singular include the plural and vice versa;
    4. references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
    5. reference to any party includes its permitted assignee or transferee;
    6. any reference to LatitudePay includes any entity appointed to replace it;
    7. reference to the “liability” of a person include references to its liability under any cause of action, whether in contract, tort, or equity or under any enactment;
    8. references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
    9. a reference to any legislation is a reference to that legislation as amended or replaced from time to time, and includes any regulations or legislative instrument made under it.

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Direct Debit

Direct Debit is an automated process that makes your LatitudePay repayments from the credit or debit card of your choice.

DIRECT DEBIT REQUEST

Request and Authority to debit your credit or debit card to pay LatitudePay Australia Pty Ltd (ACN 633 528 873) (“LatitudePay”)

Request and Authority to Debit:

“You request and authorise LATITUDEPAY to arrange, through its own financial institution, for any amount LATITUDEPAY may debit or charge your nominated credit or debit card.
This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your nominated debit or credit card and will be subject to the terms and conditions of the Direct Debit Request Service Agreement.”

Acknowledgement:

By authorising this Direct Debit Request you acknowledge having read and understood the terms and conditions governing the debit arrangements between you and LatitudePay as set out in this Request and in your Direct Debit Request Service Agreement.

Payment Details:

This authorisation is for all payments required to be made under the LatitudePay Customer Terms and Conditions and any Loan Contracts entered into by you.

Electronic Signature:

You authorise and agree to the terms of this Direct Debit Request and the Direct Debit Service Agreement.

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DIRECT DEBIT SERVICE AGREEMENT

This is your Direct Debit Service Agreement with LatitudePay. It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.

1. Definitions

Account means the debit or credit card account held at your financial institution from which we are authorised to arrange for funds to be debited.

banking day means a day other than a Saturday or a Sunday or a public holiday.

debit day means the day that payment by you to us is due.

debit payment means a particular transaction where a debit is made.

direct debit request means the Direct Debit Request between us and you.

us or we means LatitudePay (the Debit User) you have authorised by requesting a Direct Debit Request.

you means the Customer who has signed or authorised by other means the Direct Debit Request.

your financial institution means the financial institution nominated by you on the DDR at which the Account is maintained.

2. Debiting your Account

a) By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your nominated debit or credit card. You should refer to the Direct Debit Request and this Direct Debit Request Service Agreement for the terms of the arrangement between us and you.

b) Signing electronically: You consent and agree to signing a Direct Debit Request or providing us with a valid instruction electronically.

c) We will only arrange for funds to be debited from your nominated debit or credit card as authorised in the Direct Debit Request or on alternate terms proposed by You and accepted by Us.

d) If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your nominated debit or credit card on the following banking day. If you are unsure about which day your nominated debit or credit card has or will be debited you should ask your financial institution.

3. Amendments by us

We may vary any details of this Direct Debit Request Service Agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.

4. Amendments by you

a) You may change*, stop or defer a debit payment, by providing us with at least 7 days notification via email to help@latitudepay.com

b) Or by telephoning us on 1300 557787 during business hours, or through the Customer Centre at www.LatitudePay.com; or arranging it through your own financial institution, which is required to act promptly on your instructions.

5. Your obligations

a) It is your responsibility to ensure that there are sufficient clear funds available on your nominated debit or credit card to allow a debit payment to be made in accordance with the Direct Debit Request.

b) If there are insufficient clear funds to meet a debit payment:

(i) you may be charged a fee and/or interest by your financial institution;

(ii) you may also incur fees or charges imposed or incurred by us; and

(iii) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be available on your nominated debit or credit card by an agreed time so that we can process the debit payment.

c) You should check your Account statement to verify that the amounts debited from your Account are correct.

6. Dispute

a) If you believe that there has been an error in debiting your Account, you should notify us directly on help@latitudepay.com and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.

b) If we conclude as a result of our investigations that your Account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your Account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your Account has been adjusted.

c) If we conclude as a result of our investigations that your Account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

7. Accounts

You should check:

(i) your debit or credit card details which you have provided to us are correct by checking them; and

(ii) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

8. Confidentiality

a) We will keep any information (including your nominated credit or debit card details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

b) We will only disclose information that we have about you:

(i) to the extent specifically required by law; or

(ii)for the purposes of this Agreement (including disclosing information in connection with any query or claim).

c) For security and compliance reasons debit card details are not stored by us. We store the information as a secure token only, which represents your card number, and this secure token is used when processing your payments.

9. Notice

a) If you wish to notify us in writing about anything relating to this Direct Debit Service Agreement, you should email to: help@latitudepay.com

b) We will notify you by sending a notice via email as per the electronic consents you have provided, or, in the ordinary post to the address you have given us in the Direct Debit Request.

c) Any notice will be deemed to have been received on the third banking day after posting

 

1. How to establish your humm RCA

1.1 If you don’t already have an RCA with us, by submitting a completed Credit Schedule to an Eligible Merchant or by making an application to join humm using the humm Portal, you:

1. offer to enter this Contract electronically; and
2. consent to providing your acceptance electronically for the purposes of this Contract, the Direct Debit Service Agreement, the Identity Verification and the Privacy Consent.

1.2 If we accept your offer, we will open an RCA in your name and these Terms and Conditions will apply. We may accept your offer by opening an RCA in your name or by sending you a purchase confirmation.

2. How you can use your RCA

2.1 You can use your RCA to purchase Goods or Services from Eligible Merchants.

2.2 You can have a Big Things Limit or a Little Things Limit or both. You can ask us to increase them, but only up to the Maximum Big Things Limit and the Maximum Little Things Limit. We do not have to agree to an increase.

2.3 Subject to these terms, you may drawdown under your RCA to purchase from Eligible Merchants:

1. Big Things up to the amount you have Available to Spend on Big Things; and
2. Little Things up to the amount you have Available to Spend on Little Things.

2.4 To make a purchase using your RCA, you must request that we provide an Amount of Credit on the terms specified in a Credit Schedule. That request can be made by submitting a Credit Schedule in relation to a proposed purchase to us via the humm Portal or an Eligible Merchant.

2.5 If we confirm your request, you may complete the purchase using the Amount of Credit for that purchase under your RCA.

2.6 If you request that we provide an Amount of Credit that is more than your Maximum Purchase Amount, we will treat your request as a request to increase your relevant Credit Limit. Subject to these terms, if the limit increase request is approved by us your relevant Credit Limit will increase by that amount.

2.7 You must pay any minimum deposit we require you to pay to the Eligible Merchant for a purchase in order to drawdown under your RCA for that purchase. You will be notified of any minimum required deposit at the time of any proposed purchase.

2.8 You cannot use your RCA to purchase a Big Thing if it will result in you having more than three Outstanding Purchase Amounts relating to purchase of Big Things.

3. When you can't use your RCA for a purchase

3.1 You cannot drawdown under your RCA if:

1. the RCA has been closed or use of the RCA has been suspended or cancelled;
2. you are in Default;.
3. you do not provide any documents we reasonably require from time to time, including identification documents;
4. the Amount of Credit or required deposit is not within the Merchant’s limit as set by us from time to time;we are not reasonably satisfied that the Merchant is entitled to that amount under your contract with the Merchant;the terms upon which the Amount of Credit is to be repaid as set out in the Credit Schedule would not result in the Amount of Credit being repaid in full within the selected term or are otherwise incorrect or incomplete;you have not provided a completed Credit Schedule (including a direct debit authority if we require it);v
5. we suspect that you or another person may have acted fraudulently in connection with your RCA; or
6. it will cause you to exceed the amount you have Available to Spend on Big Things or the amount you have Available to Spend on Little Things.

4. The amount you have Available to Spend

4.1 When you purchase a Big Thing with your RCA, the amount you have Available to Spend on Big Things is reduced by the Purchase Amount on the Start Date for that purchase, but increases as you make the repayments on any such purchase as described below in clause 4.2.

4.2 When you make a repayment on a purchase it is applied first to paying certain fees and other amounts (see clause 6). When repayments are made on a Purchase Amount for a Big Thing:

1. your Big Things Limit reduces by the amount you repay and increases by the amount by which the amount you have Available to Spend on Big Things increases, as set out in sub-clause (b) below; and
2. the amount you have Available to Spend on Big Things increases by an amount which corresponds as follows:
    

   Percentage of Purchase Amount repaid	Percent of dollars repaid to Purchase Amount available to make another purchase (i.e. added to the amount you have Available to Spend on Big Things)
   1% to 25%	10%
   26% to 50%	50%
   51% to 75%	75%
   76% to 100%	100%

4.3 At any time you may request that we increase your Little Things Limit up to the Maximum Little Things Limit. We may approve

4.4 When you purchase a Little Thing with your RCA, your Little Things Balance Owing increases by the Purchase Amount and the amount you have Available to Spend on Little Things is reduced by the Purchase Amount on the Start Date for that purchase.

4.5 When repayments are made on a Purchase Amount for a Little Thing, your Little Things Balance Owing decreases by the amount of the repayment after applying any fees and other amount in accordance with clause 7 and the amount you have Available to Spend on Little Things increases by the same amount.

5. Reducing or cancelling your Credit Limit

• 5.1 If you ask us to, we will reduce or cancel your Credit Limit, subject to any minimum limits that apply at the time.
• 5.2 We may, acting reasonably, reduce all or any of your Credit Limit or Available Limit to any amount we choose if:
  1. you are in Default;
  2. we reasonably form the opinion that there may be a material adverse effect for you or us if we do not (including if we have concerns, on reasonable grounds, that you may not be able to meet your obligations under this Contract if you drew down further);
  3. we decide to no longer offer this product or we put an alternative offer to you; or
  4. it is necessary due to a change in law or a code binding us or in interpretation of such a law or code.
     If you are in Default, we do not need to give you notice of this. Otherwise, we will give you one months' notice.

6. Repayments

• 6.1 Once we provide you with a Purchase Amount, you owe us that amount. You must pay to us, in relation to each Purchase Amount:
  1. the repayments in the amount and at the frequency or on the dates specified in the Credit Schedule for the relevant purchase from the Start Date; and
  2. any additional fees not included in the Amount of Credit.
• However, your final required repayment in relation to a Purchase Amount cannot exceed the unpaid amount of that Purchase Amount and any applicable fees. If an amount is due on a day that is not a Business Day or a day that does not exist (e.g. 30 February) you must pay us that amount on the next Business Day.
• 6.2 Each purchase under the RCA will have a separate Purchase Amount and repayments that are payable. The repayment amount stated in the Credit Schedule excludes any government duties applicable to the repayment and does not include any fees or charges payable under this Contract other than the Establishment Fee or Repeat Purchase Fee (if applicable).
• 6.3 We will notify you of the Start Date for each Purchase Amount. The Start Date for a Purchase Amount will typically be the date you submit a Credit Schedule to us.
• 6.4 You must make the repayments by direct debit from the bank account or credit card shown in the Credit Schedule or by any other manner approved by us. If you have more than one Purchase Amount outstanding, we will initiate separate direct debits for the repayment amounts that relate to each Purchase Amount. You must ensure that there are sufficient funds in that account to allow any repayment to be honoured.
• 6.5 You can make repayments or pay fees and charges ahead of time, if you like. For some repayments, you may be given an option in the humm Portal to reschedule the due date for that payment to a later date up to the day before the following repayment is due. However, you can only have one outstanding rescheduled payment at any one time. If you select a new due date for a repayment where that option is available, the payment will be due on the new date selected.
• 6.6 We ordinarily apply a payment received in the following order in repayment of any unpaid amounts to the extent that the relevant items have been charged to your RCA at the time the repayment is processed:
  1. enforcement expenses;
  2. government taxes, duties or charges;
  3. fees payable under this Contract relating to the relevant purchase;
  4. any outstanding Purchase Amounts relating to the relevant purchase;
  5. any other part of the Balance Owing.

• 6.7 If you make a payment to us, and you have made more than one purchase on your RCA, you may nominate the purchase which it relates to. If you do not nominate a purchase, or if you are in Default, we may, acting reasonably, determine which purchase it relates to at our discretion.
• 6.8 If you are in Default, we may make reasonable changes to the amount, method of calculation, number, frequency or time for payment of repayments or period over which repayments are to be paid without your consent in order to remedy any arrears in payment.
• 6.9 All repayments, fees and charges, once paid, are not refundable unless we have received payment in error or you are entitled to a refund under the Australian Consumer Law or any other law.
• 6.10 In the event you sell the goods or property to which the goods purchased with your RCA have been installed or attached to, you are still required to continue to make repayments to us and to pay any related fees and charges until the Total Amount Owing is paid in full, even in the event you are no longer in possession of those goods.

7. Fees and Charges

• 7.1 Subject to clause 7.3, you must pay us:
  1. an Establishment Fee or Repeat Purchase Fee for each purchase of a Big Thing. The fee will be set out in the Credit Schedule for a purchase. The Amount of Credit for a purchase will include the Establishment Fee or Repeat Purchase Fee together with the amount to be paid to the merchant. The fee is repaid as part of the repayments relating to the purchase;
  2. a Monthly Fee of $8.00. This fee is due and payable each month on the first Business Day of each month if the Balance Owing (excluding all amounts in relation to any Short Term Little Thing Purchase) has been greater than zero on any day since the first Business Day of the previous month. This is only charged once each month, regardless of the number of Outstanding Purchase Amounts.
  3. a Late Payment Fee of $6.00 each time a repayment is not paid by the due date for payment;
  4. a Collection Fee of $30.00 each time we take steps to collect an overdue payment;
  5. all additional government stamp and other duties and charges payable on receipts or withdrawals under this Contract; and
  6. any reasonable Costs we reasonably incur in enforcing this Contract after a Default, which includes enforcement expenses reasonably incurred by the use of our staff and facilities.
• 7.2 Notwithstanding any other clause in the Contract, the total amount payable under this Contract for Establishment Fees, Repeat Purchase Fees and Monthly Fees and any other amount payable under this Contract which is a charge for the provision of credit under this Contract, is subject to annual caps. Those caps are:
  1. for the period of twelve (12) months after you enter into the Contract - $200; and
  2. for any subsequent period of twelve (12) months - $125.
  However, the cap is $0 if you have had a previous continuing credit contract with us (or our Associate) in the previous 12 months. These caps will automatically reduce to reflect any lower prescribed maximum charge under section 6(5) of the National Consumer Credit Code or any equivalent statutory provision for contracts of this type.
• 7.3 You authorise us to debit any of these amounts to your RCA. We may do so on or after the date we pay them or the date they become payable by you or us. If they are not already due, they are due when debited to the RCA.

8. Closing your RCA

• 8.1 You may cancel your RCA by written notice to us. You may do this at any time as long as there is no Balance Owing outstanding. Your RCA remains open until you or we cancel it.
• 8.2 We may cancel your RCA if no purchases are made using it for 24 months after the Purchase Amount for all outstanding purchases is repaid. See also clause 9 which enables us to suspend your RCA in some circumstances.
• 8.3 While your RCA remains open, it is only active while there is a Balance Owing. If at any time after you make the initial purchase the Balance Owing is zero, your RCA becomes inactive until you choose to activate it again by making an additional purchase.

9. Suspending your RCA

• 9.1 We may suspend your RCA if:
  1. you are in Default; and
  2. we reasonably suspect that there may be a material adverse impact on you or us if we do not suspend your RCA;
  3. we reasonably suspect that you or someone else has acted fraudulently in connection with this Contract or your RCA;
  4. there is any dispute regarding a transaction under your RCA and we reasonably consider we should suspend to prevent a material adverse impact to you or us; or
  5. we otherwise reasonably consider it to be necessary to protect your or our interests.
• 9.2 We do not need to give you prior notice of a suspension but will promptly inform you afterwards.

10. Default

• 10.1 You are in Default if:
  1. you do not pay on time all amounts due under this Contract within 2 Business Days of their due date;
  2. you or another person on your behalf gives us or has given us materially incorrect or misleading information in connection with this Contract, or we conclude on the basis of evidence available to us that it is more likely than not that you have acted fraudulently in connection with this Contract; or
  3. you become Insolvent or are declared bankrupt or steps are taken to make you bankrupt or Insolvent.
• 10.2 If you are in Default, we may give you a notice stating that you are in Default. If you don’t correct the Default within any period given in the notice, then, at the end of that period and without further notice to you, the Total Amount Owing becomes immediately due for payment (to the extent it is not already due for payment). We may then sue you for that amount and we may cancel your RCA. If we give you notice by sending a document to your last address notified to us this will be considered notice to you even if those notices are returned to us.
• 10.3 Enforcement expenses may become payable under this Contract in the event of a breach of this Contract and are payable in accordance with clause 7.

11. What you do if you dispute a transaction or want to make a complaint

• 11.1 If you want to dispute a transaction or make a complaint about your RCA or anything else in relation to this Contract, you should tell us as soon as possible and provide us with sufficient information or documents for us to be able to investigate the matter.
• 11.2 We will investigate the matter, and if we are unable to settle it immediately to your and our satisfaction, we will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.
• 11.3 Within 21 days of receipt from you of the details of the disputed transaction or your complaint, we will:
  1. complete our investigation and advise you in writing of the outcome of our investigation: or
  2. advise you in writing that we require further time to complete our investigation.
  In the case of a complaint, we will complete our investigation within 45 days of receiving your complaint, unless there are exceptional circumstances in which case we will let you know the reasons for the delay and about your others rights to complain to the Australian Financial Complaints Authority (AFCA). AFCA’s contact details are:
•    
     Australian Financial Complaints Authority
•    GPO Box 3
     Melbourne VIC 3001
     Toll Free Call: 1800 931 678
     Website: www.afca.org.au
   
• AFCA offers an independent dispute resolution process to customers. If you have been through our internal complaints process without a response or you are nor satisfied with the outcome, you can take the matter to AFCA. We will also provide you with monthly updates on the progress of the investigation and its likely resolution date, except where we are waiting for a response from you and you have been advised that we require such a response.
• 11.4 If we find that an error was made, we will make any appropriate adjustments to your RCA and notify you in writing of the amount of any adjustment.

12. What you can do if you are in financial difficulty

If you are having trouble, or think you may in the future have trouble, meeting your obligations under this Contract, please contact us on (08) 8232 2828 so we can work with you to try to help you.

13. General matters

• 13.1 We may exercise a right or remedy under this Contract (in addition to other rights and remedies provided by law independently of it or by any other Contract) or give or refuse our consent in any way we consider appropriate including by imposing reasonable conditions.
• 13.2 If we do not exercise a right or remedy fully or at a given time, we can still exercise it later.
• 13.3 We are not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy other than caused by our negligence.
• 13.4 We may assign or transfer our rights under this Contract. Any person to whom our rights are transferred will have the same rights that we do under the Contract. This will not affect our obligations to you under this Contract. You agree that we may disclose any information or documents we consider desirable to help us exercise this right including personal creditworthiness information to persons involved in providing funds by way of securitisation. Your rights are personal to you and may not be assigned without our written consent.
• 13.5 Notices, certificates, consents, approvals and other communications provided by you in connection with this Contract must be in writing (writing includes communication via the humm Portal).
• 13.6 Communications from us may be signed by any of our authorised employees, if required.
• 13.7 Subject to clause 14.1, communications for you or us may be given by any means permitted by law.
• 13.8 If you are in Default, we may make any reasonable change to any provision of this Contract (other than the Amount of Credit or fees or charges set out in the Credit Schedule) in addition to those specifically mentioned. We may also make any reasonable change to any provision of this Contract to comply with any law or regulation, or if we give you 6 months' written notice before the change takes effect. However, we cannot make any change to clause 7.2 for any reason.
• 13.9 Subject to any statutory right of set-off which we cannot exclude by agreement (such as under consumer protection legislation), you must pay all amounts due under this Contract in full without setting off amounts you believe we owe you and without counter-claiming amounts from us.
• 13.10 It is your sole responsibility to arrange subsequent utilities for any Goods installed or applied to a property where the Goods require these additional services in order for it to operate fully. For example, for solar panels it is up to you to arrange for connectivity to the grid and your property via your electricity provider. Such utilities do not form part of this Contract.
• 13.11 This Contract is governed by the laws of South Australia.
• Your email address and mobile phone number
• 13.12 We may use, and you consent to us using, your email address as part of our secure log in or authorisation process, or to advise you of changes to your RCA which may alter our delivery of, or your ability to use your RCA. You need to keep your email address current and you can use the humm Portal to update your email address or contact us on 1800 088 151.
• 13.13 Because we use, and you consent to us using, electronic communication we will use your mobile phone number to send you SMS Codes and other information you need to know. So we can communicate with you, you must keep your mobile phone number provided to us up to date. You may update your mobile phone number using the humm Portal or by contacting us on 1800 088 151. If you do not provide us with your current mobile phone number you will not be able to transact on your RCA, and you may not be notified of important information relevant to the use of your RCA.
• 13.14 You agree that you will notify us of any change to your contact details as previously advised to us within 5 Business Days of the change taking effect.
• Transactions and Merchant records
• 13.15 You agree that Merchant records and documents of any transaction with you are evidence of the transaction and of the amount shown and that we may rely on those records and documents to make decisions about your RCA and how we deal with you. What you acknowledge by entering into this Contract and submitting a Credit Schedule
• 13.16 You acknowledge at the date of this Contract and each time you submit a Credit Schedule that:
  1. you are a permanent resident of Australia;
  2. you are permanently employed working at least 25 hours per week or receiving an aged or veterans pension;
  3. you are not an undischarged bankrupt or have reason to believe you are or may become Insolvent; and
  4. if Goods, Installation or Services are to be fitted or fixed in place so that they become a part of a property or dwelling then you are the owner of the domestic property or dwelling.
• What happens upon the return or cancellation of goods or services?
• 13.17 You agree that:
  1. subject to clause 13.17(b), the return or cancellation of any Goods, Installation or Services from the Merchant or us will not be accepted in lieu of repayments to us unless we otherwise agree;
  2. we will often be a linked credit provider of a Merchant, which means you may have rights against us in relation to Goods, Installation or Services which are the subject of a purchase under the Australian Consumer Law or other consumer laws. If this is the case, we may be liable with the Merchant for any amounts the Merchant owes you in respect of the Goods, Installation or Services. If there is a problem with the Goods, Installation or Services, you should talk to the Merchant first to try and resolve it. However, if you are unable to resolve it with the Merchant, you should contact us and we will consider all of the circumstances (including any liability we have in the matter) and consider what assistance we can provide you;
  3. subject to the rights described in clause 13.17(b), and any other applicable law, we are not responsible or liable:
     1. if a supplier or other person refuses to offer or accept an application to use a humm RCA, no matter what the reason; or
     2. for any defect or deficiency whatsoever in respect of any Goods, Installation or Services (for example, with respect to the quality of any Goods, Installation or Services or their fitness for any purpose).

• Your authority to operate the bank account
• 13.18 You agree that you are the authorised signatory of the bank or credit card account to be used for the repayments.
• Who we can take instructions from in relation to your RCA
• 13.19 Subject to clause 13.20, we can only take instructions in relation to this Contract from you. Should you wish to nominate a third party to act on your behalf, we must receive this request from you in writing (which includes via the humm Portal). What happens if you are more than one person?
• 13.20 Where you are more than one person, you acknowledge and agree that:
  1. any one such person individually can operate the RCA and bind all such persons. We can take and act on instructions from any one such person in relation to this Contract (including instructions to suspend or cancel your RCA) however to lift a suspension we will require the consent of all such persons;
  2. each such person is individually and jointly liable for all of your obligations under this Contract; and
  3. information available in the humm Portal will be accessible by each such person.

The humm portal and how we communicate with you

14. How you can access and use the humm Portal

• 14.1 You agree to receive statements, notices and any documents that we are required to give you in relation to the RCA and your Contract by electronic communication through the humm Portal. You need to know that we will not usually send you paper documents. You should regularly check for communications from us in the humm Portal as this will be our main method of communication with you (although we may on occasion also contact you by your email address or mobile phone number). Even though we operate online we still might write to you if we cannot use the humm Portal to communicate with you, or if we think you are not receiving our electronic communications. You can withdraw your consent to electronic communications using the humm Portal, but if you do that we may close your RCA (when you have paid the Total Amount Owing).
• 14.2 You are responsible for any charges by your telecommunications provider for connecting to the humm Portal on your mobile phone or tablet device, including call costs and data costs associated with browsing the internet. Access to your RCA using the humm Portal.
• 14.3 Access to your RCA using the humm Portal requires a password, PIN or SMS Code (together referred to as Password) and sometimes more than one of these might need to be used. The humm Portal is intended to give you 24-hour access to your RCA but this may not always be possible and we are not obliged to give you continuous access.
• 14.4 We may adjust debits and credits to your RCA to accurately reflect your legal obligations and ours and we will show you any adjustments in your humm Portal. If an adjustment is required we may make consequential adjustments. Password access to your RCA using the humm Portal
• 14.5 You have to keep your Password secret. This is important because anyone who obtains your Password will be able to access the humm Portal and our website and obtain information about you, your RCA and give us details and instructions. You must not provide your Password to anyone else to enable them to access your RCA.
• 14.6 If you have lost, forgotten, or misplaced your Password, or believe someone else knows it, for example by hacking your mobile phone, you must cancel and re-set your Password.
• 14.7 You must protect your Password and ensure that it does not become known to any other person. You must use up to date antivirus, anti-malware and firewall software on your computers and mobile devices. You must not give your Password to anyone else. You must not record your Password without protecting the security of the Password, for example by disguising the password within another record, hiding the record somewhere safe or by keeping it locked away or in a password protected device. You must not choose a password that represents your date of birth or name.
• 14.8 You are liable for any losses that occur before you notify us of a breach of Password security if you contributed to that loss by fraud or by breaching clauses 14.5, 14.6 or 14.7. However, you are not liable for losses that exceed the total amount of credit available to you under this Contract (being the sum of your Big Things Limit and your Little Things Limit) at the relevant time. You are also not liable for losses caused by fraud or negligence of us, a merchant, employees or agents of us or a Merchant, losses caused by transactions that occur before we have sent you the relevant Password, or losses caused by transactions that occur after you notify us of a breach of Password security.

Privacy

15. Privacy (including consents)

• 15.1 The clauses below set out:
  1. consents that you gives us in relation to your personal information by applying for credit from us; and
  2. important information about our collection, use, disclosure and management of your personal information.
• 15.2 Our “Privacy Policy” document, available at shophumm.com.au (select ‘Privacy Policy’) provides more details about how we manage your personal information, including your credit information and credit eligibility information. Collection, use, and disclosure of Your personal information
• 15.3 We ordinarily collect personal information about you for the following purposes, and, to the extent not already authorised by law, you agree to us using and disclosing that information for these purposes:
  1. assessing and processing existing or future application(s) for consumer credit, managing your account or other products, responding to your questions, performing our obligations in relation to credit provided to you;
  2. either us, the Merchant or any other service provider appointed by us contacting you about your Contract or regarding repeat purchase promotions, campaigns or for any other special offer/s or promotions;
  3. protecting us and our assets (including against fraud) and selling our assets (including by assigning any debts); and
  4. complying with laws. Australian laws that may require us to collect your personal information include: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (for example, for identity verification), the National Consumer Credit Protection Act 2009 (Cth), the Financial Sector (Collection of Data) Act 2001 (Cth) and the Corporations Act 2001 (Cth), as well as other legislation (for example, requiring us to maintain client and transaction records, and to make reports and provide other information to regulators such as ASIC) and the Taxation Administration Act, the Income Tax Assessment Act and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation).
• 15.4 We may collect your personal information from third parties where it is unreasonable or impracticable to collect it directly from you. These third parties include the Merchant, other credit providers, any of your employers, former employers, referees, banks, landlords, accountants, lawyers and financial advisers, service providers to us (including introducers, private investigators, professional advisers), professional organisations, internet sources, public and subscriber only databases and government authorities.
• 15.5 If you do not provide your personal information to us, we may not be able to approve your application and/or we may not be able to deal with future requests or queries from you in connection with your contract.
• 15.6 You agree that we can disclose your personal information (including, where permitted to do so under the Privacy Act, your credit information and credit eligibility information) for the purposes described above to any of our related bodies corporate, our assignees or potential assignees, Merchants, our service providers, other credit providers, your assignees or proposed assignees, debt collection agencies, our banks and financial advisers, our lawyers, accountants and other professional advisers, any suppliers or contractors to us who may need to have access to your personal information for the purpose of providing services to us or you, any person specifically authorised by you in writing and any person as permitted or required by law.
• We may disclose your personal information to overseas recipients
• 15.7 Some of the organisations to whom we may disclose your personal information (including your credit information or credit eligibility information) will be located overseas. The countries in which overseas recipients are likely to be located currently include the Philippines and Ireland (for an updated list of countries from time to time please see our Privacy Policy available on our website).
• 15.8 You acknowledge that by consenting to us disclosing your personal information to overseas recipients, Australian Privacy Principle (“APP”) 8.1 will not apply to the disclosure (which means that we will not be obliged under the Privacy Act to take reasonable steps to ensure that an overseas recipient does not breach the APPs and we may not be liable under the Privacy Act if the recipient does not act consistently with the APPs). By applying for this product you consent to such disclosures.
• Marketing products and services to you
• You agree to us using and disclosing your personal information (including your telephone number, regardless of whether it is listed on the Do Not Call Register and your email or other electronic addresses) to provide you with information about our other products and services and the products and services offered by our Merchant partners, our related companies or suppliers. This includes, without limitation, communicating with you via emails, text messages or other electronic messages (without an unsubscribe facility). This agreement operates indefinitely. However, you can tell us that you no longer wish us to use or disclose your personal information for these purposes by contacting us on (08) 8232 2828.
• Accessing and correcting your personal information
• 15.9 You have rights to request access to and correction of personal information that we hold about you (including credit information and credit eligibility information). Our Privacy Policy contains details about how you can make such requests as well as details about how you can make a complaint if you think there has been a breach of the Privacy Act and how we will deal with such a complaint.

Direct debit service agreement

This is your Direct Debit Service Agreement with Certegy Ezi-Pay Pty Ltd (User ID No.125202). It explains what your obligations are when undertaking a direct debit arrangement with us. It also details what our obligations are to you as your direct debit provider. This forms part of the Contract and should be read together with any Direct Debit Request authorisation in a Credit Schedule you submit to us.

16. Direct Debit Service Agreement

• Debiting your account
• 16.1 By providing bank account details to make the Direct Debit Request (DDR) in a Credit Schedule or in the humm Portal or by accepting the DDR during your online application or by providing us with a valid instruction, you authorise us to debit funds from the account stated in the Credit Schedule or in the humm Portal including any fees or charges specified in clause 7 and other amounts due under this Contract. You should refer to the DDR and these Terms and Conditions for the terms of the agreement between you and us.
• 16.2 We will only arrange for funds to be debited from your account stated in a Credit Schedule or the humm Portal as authorised in the DDR or as amended by notice from you (including by providing updated details in a subsequent Credit Schedule or in the humm Portal).
• 16.3 If any Repayment or other amount falls due on a day that is not a Business Day, we may direct your financial institution to debit the account stated in a Credit Schedule or the humm Portal on the following Business Day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
• 16.4 You must keep your DDR in effect until your RCA is closed by you or a new DDR has been established.
• Amendments by us
• 16.5 If you are in Default, we may vary any details of the DDR or this clause 16 (other than the account number) to enable us to recover funds which are due and payable by you to us under this Contract.
• Amendments by you
• 16.6 Subject to clauses 16.1 to 16.4, you may change, stop or defer a debit payment, or terminate the DDR by arranging it through your financial institution, which is required to act promptly on your instructions.
• Your obligations
• 16.7 It is your responsibility to ensure that there are sufficient clear funds available in the account stated in the Credit Schedule or the humm Portal to allow a debit payment to be made in accordance with the DDR.
• 16.8 If there are insufficient funds in an account stated in a Credit Schedule or the humm Portal to meet a debit payment:
  1. you may be charged a fee and/or interest by your financial institution;
  2. you may also incur fees or charges imposed or incurred by us; and
  3. you must arrange for the debit payment to be made by another method or arrange for sufficient funds to be in the account stated in the relevant Credit Schedule or in the humm Portal by an agreed time so that we can process the debit payment.
• 16.9 You should check the statement for the account stated in the Credit Schedule or the humm Portal to verify that amounts debited to the account are correct.
• Errors or Queries
• 16.10 If you believe that there has been an error in debiting your account you should notify us directly on (08) 8232 2828 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
• 16.11 If we conclude as a result of our investigations that the account stated in a Credit Schedule or the humm Portal has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including any interest and penalties charged by your bank) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
• 16.12 If we conclude that the account stated in a Credit Schedule or in the humm Portal has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
• Accounts
• 16.13 You should check:
  1. with your financial institution whether direct debiting is available from an account stated in a Credit Schedule or in the humm Portal as direct debiting is not available on all accounts offered by financial institutions;
  2. wyour account details which you have provided to us are correct by checking them against a recent account statement; and
  3. wwith your financial institution before completing the DDR if you have any queries about how to complete the DDR.
• Notice
• 16.14 If you wish to notify us in writing about anything relating to this Direct Debit Request Service Agreement, you should contact us through the humm Portal, or write to Certegy Ezi-Pay Pty Ltd, GPO Box 1878 Adelaide SA 5000.
• 16.15 We will notify you by sending a notice in the ordinary post to the address you have given us in the DDR.
• 16.16 Any notice will be deemed to have been received on the third Business Day after posting.

Meaning of words and interpretation

In these Terms and Conditions:

Amount of Credit is the amount of credit requested by you in relation to a purchase, as specified in the Credit Schedule.

Associate has the meaning given in the National Consumer Credit Protection Regulations 2010 (Cth).

Available Limit means the amount Available to Spend on Big Things or Available to Spend on Little Things, as applicable.

Available to Spend on Big Things means the Big Things Limit less sum of the Big Things Balance Owing and any amount for a Big Things purchase that has not yet happened but which we have preapproved. This is the amount you have "available to spend" on Big Things as specified in the humm Portal.

Available to Spend on Little Things means the Little Things Limit less the Little Things Balance Owing. This is the amount you have "available to spend" on Little Things as specified in the humm Portal.

Balance Owing means, at any time, the difference between all amounts credited and all amounts debited to your RCA at that time. When this amount is to be calculated at the end of a day, it includes all debits and credits assigned to that day.

Big Thing means any Goods, Installation or Services identified in a Credit Schedule that we indicate is a "Big Thing" in relation to a purchase.

Big Things Balance Owing means such part of the Balance Owing as relates to purchases of Big Things or as otherwise specified in the humm Portal.

Big Things Limit means the amount specified as your "Big Things Limit" in the humm Portal.

Business Day means a day other than a Saturday or Sunday or a public holiday listed throughout Australia.

Contract means the contract formed between you and us comprising each Credit Schedule and these Terms and Conditions.

Costs includes charges and expenses and costs in connection with legal and other advisers.

Credit Limit means the Big Things Limit or the Little Things Limit, as applicable.

Credit Schedule means, in relation to a purchase using your RCA of a:

1. Big Thing, either the document titled Credit Schedule that you submit to an Eligible Merchant or the plan submitted to request an amount of credit using the humm Portal in relation to that purchase; or
2. Little Thing, the plan submitted to request an amount of credit using the humm Portal in relation to that purchase, including information about the Purchase Amount and repayment term and frequency in relation to that purchase.

DDR has the meaning given in clause 16.1.

Default has the meaning given in clause 10.1.

Direct Debit Service Agreement means the Agreement set out in clause 16.

Eligible Merchant means any person that we have an arrangement with that accepts the humm RCA for the purchase of Big Things (in the case of a proposed purchase of a Big Thing) or Little Things (in the case of a proposed purchase of a Little Things) or either of them for the purpose of establishing a RCA.

Goods, Installation or Services, whether used together or separately, means the items and services purchased, which are or are proposed to be (as the context requires) wholly or partly funded under this Contract.

humm Portal means the online interface provided to you by Us at shophumm.com.au or in the hum App available in the Apple App Store or the Google Play Store.

Identity Verification means the third-party identity verification that you consent to us undertaking to confirm your identity using a document verification service.

Insolvent means being an insolvent under administration or insolvent or having a controller appointed (such as defined in the Corporations Act 2001 (Cth)) such as being bankrupt, in receivership, in receivership and management, in liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or otherwise unable to pay debts when they fall due.

Little Things means any Goods, Installation or Services identified in a Credit Schedule that we indicate is a "Little Thing" in relation to a purchase.

Little Things Balance Owing means such part of the Balance Owing as relates to purchases of Little Things or as otherwise specified in the humm Portal.

Little Things Limit means the amount specified as your "Little Things Limit" in the humm Portal.

Maximum Big Things Limit means an amount approved by us up to $30,000 or such other amount that we determine from time to time.

Maximum Little Things Limit means an amount approved by us up to $2,000 or such other amount that we determine from time to time. Maximum Purchase Amount means the amount you have Available to Spend on Big Things for a Big Thing purchase or the amount you Available to Spend on Little Things for a Little Thing purchase.

Merchant/s means the person from which you purchased, or propose to purchase, Goods, Installation or Services under this Contract.

Outstanding Purchase Amount means any Purchase Amount which has not been repaid in full.

Password means password, PIN and SMS Code together and any of them individually.

Person includes an individual, a firm, a body corporate, an unincorporated association or an authority.

Privacy Consent means the consent you provide to Us to our Privacy Policy.

Privacy Policy means our privacy policy available at www.shophumm.com.au

Purchase Amount means the Amount of Credit provided by us under your RCA in relation to a purchase.

Revolving Credit Account or ‘RCA’ means an account we establish in your name for recording all transactions in connection with this Contract.

Short Term Little Thing Purchase means the purchase of a Little Thing with your RCA for which the related Credit Schedule indicates that the term in which the Purchase Amount is to be repaid in full is 2.5 months.

Start Date has the meaning given in clause 6.3.

Terms and Conditions means this document.

Total Amount Owing means the Balance Owing on your RCA, plus all other amounts which you must pay under this Contract but which have not been debited to your RCA.

‘We’ means Certegy Ezi-Pay Pty Ltd ABN 28 129 228 986 and its successors and assigns and ’Our’ and ‘Us’ have a corresponding meaning.

‘You’ means the person or persons named in the first Credit Schedule you submit to us and ‘your’ has a corresponding meaning. If there is more than one person named, each of you is liable for all obligations under this Contract individually and jointly. It includes your successors and assigns.

In these Terms and Conditions:

1. a reference to a document includes any variation or replacement of it;
2. a reference to a law includes any common law, principles of equity, and laws made by parliament (and laws made by parliament include regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of them);
3. a reference to any thing includes the whole and each part of it;
4. the word 'include' in any form is not a word of limitation; and
5. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.