Terms & conditions

zipMoney Payments Pty Ltd ABN 58 164 440 993 | Australian Credit Licence Number 441878 | E: www.zipmoney.com.au | P: (02) 8294 2345 | A: Level 37, 50 Bridge St, Sydney, 2000, AU

About these Terms and Conditions

Your Contract comprises:

  1. The zipPay Schedule; and
  2. These Terms and Conditions.

Before you accept this offer and a Contract is formed you should read both documents carefully. Together they contain information we are required by law to give you and you should keep them for future reference.

Privacy

We collect and use your personal information in accordance with our Privacy Policy (as amended from time to time) which you can view on our website www.zipmoney.com.au.

1. Definitions

The following terms and expressions have the following meaning in the Terms and Conditions, The Information Statement, and The zipPay Schedule:

Access Method means: a) a method made available by us for you, and authorised and accepted by us, to act on an instruction or request to debit or credit an Account; and b) comprises the use of one or more components (including but not limited to) Password, PIN, e-signature, token or SMS Code.

Access Code means any one or more of your Password, PIN, Token, SMS Code and any other code we provide to you from time to time, that enables you to gain access to or use your Account and which you are required to keep secret.

Account means the Account we set up to record Transactions under this Contract.

Account Limit means the amount specified as the Account Limit in the zipPay Schedule or, if varied by us, the Account
Limit as varied and notified.

Account Number means the unique number that identifies your Account.

Available Credit means the difference between the Account Limit and the sum of the Outstanding Balance and any Transactions authorised but not yet posted to your Account.

BPAY Facility means the BPAY Facility we allow you to use to make BPAY payments to your Account.

Business Day means a Day that is not a Saturday, Sunday or Public Holiday in New South Wales.

Cash Advance means a Drawdown where cash or its equivalent is obtained, as determined by ZIP at its discretion.

Closing Balance means the balance of your Account as described on a Statement.

Contract means the Contract between you and us comprising the zipPay Schedule and these Terms and Conditions.

Customer ID means a number we give you that identifies you as having an Account with us.

Direct Debit Request is an authority that allows us to debit your Nominated Account and to credit your Account.

Direct Debit Request Service Agreement means your agreement with us in respect of your Direct Debit Request.

Disbursement Authority means your request for ZIP to transfer funds from your Account.

Drawdown means the advance or borrowing of money under your Account.

Due Date means the date that we assign to an amount that is debited, or where relevant, credited to your Account.

Effective Date means the date that we assign to an amount that is debited, or where relevant, credited to your Account.

Electronic Equipment means any electronic device which is capable of receiving emails including but not limited to a computer, telephone or mobile phone.

Invoice (Order or Receipt) means the document provided to you by the Merchant at the time of Purchase recording details of the Purchase.

Merchant means a retailer or supplier of goods or services who accepts Purchases.

Minimum Repayment Amount means the minimum amount you are required to pay us by the Due Date as notified on
your zipPay Schedule or Statement.

National Credit Code means the National Credit Code which is Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth).

Past Due Amount (Overdue) means the amount described as such on your Statement, which includes but not limited to repayments not made by the Payment Due Date.

Password means the secret alphanumeric code used by you to access your Account.

PIN means the personal identification number used by you to access your account.

Purchase means the advance or borrowing of money under your Account.

SMS means the telecommunications “short message service” technology which may allow text messages to be sent to your Mobile Phone.

SMS Code means an authorisation code sent by SMS to your Mobile Phone to authorise a Transaction on your Account.

ZipPay Statement means a statement of account issued by us in respect of your Account.

Terms and Conditions means this zipPay Terms and Conditions document which forms part of your Contract.

Transaction means any Transaction authorised by you and accepted and authorised by us under this Contract, including but not limited to a Purchase or a Cash Advance.

Transaction Amount means the dollar amount related to a Transaction posted to your Account.

Transaction Date means the date that a Transaction is processed to your Account which is described as such in a
Statement.

Unauthorised means without your knowledge or consent.

Unpaid Balance (Outstanding Balance) means the difference between all amounts credited to and all amounts debited from the Account.

we, us, our means ZIP and includes its’ successors and assigns and anyone acting on our behalf.

you, your means the holder of the Account, and where more than one includes each of you individually and all of you
collectively.

ZIP means zipMoney Payments Pty Ltd ABN 58 164 440 993.

ZIP Customer Centre means a secure online service where ZIP customers may log in to access their Account to obtain current or historical Account information, Transaction information, or provide ZIP with new personal information, or change banking and repayment details.

zipPay Schedule means the zipPay Schedule document provided to you which forms part of your Contract.

2. Contract

The Contract comprises the zipPay Schedule and these Terms and Conditions. The Contract governs all Transactions made using the Account

3. Nature of the Account

The Contract operates as a revolving credit facility by using the Account.

4. Electronic Acceptance

You:

  1. acknowledge and agree that both you and Zip have or will sign this Contract electronically; and
  2. consent to providing your signature electronically for the purposes of this Contract, the Direct Debit Service Agreement, and the Privacy Act Authorisation and Disclosure.

5. Account Activation

You cannot make a Transaction until your Account is activated. Your Account is activated by you accepting your Contract.

6. Communications Between Us

  1. By inserting your email address in the zipPay Schedule you authorise us to use email for communication purposes.
  2. You must tell us if you change your name, your residential, postal or email address, your telephone or mobile number.
  3. If you have to give us a document or notice then you can:
    • leave it at our office address as shown on the zipPay Schedule, or any other address we tell you; or
    • email it to an email address we tell you
  4. Unless stated otherwise, if we need to give you a document or notice we can do so by:
    • delivering it to you personally; or
    • leaving it at, or sending it by post to your residential or postal address last known to us; or
    • emailing it to the email address you have provided to us.
  5. If you have provided us with your email address you must:
    • regularly check your email address to see if you have received any emails from us;
    • maintain and check your Electronic Equipment and your email address regularly to ensure it is always capable of receiving emails from us; and
    • you are responsible for printing or saving important documents, and we strongly recommend that you do so.
  6. By inserting your telephone number in the zipPay Schedule you authorise us to use this telephone number for communication purposes, which may include contacting you for the purposes of ensuring compliance with your obligations under this Contract.

7. Making Transactions on your Account

We may allow you to obtain credit by making a Transaction on your Account through any Access Method we determine which may include:

  1. making a Purchase with any Merchant authorised by us; or
  2. at the ZIP Website www.zippay.com.au; or
  3. any other Access Method we authorise from time to time.

To find out which Merchants are recognised by us please check our Website, the Zip Customer Centre or telephone our customer service team.

Transactions on your Account are initiated and authorised using a combination of Password, PIN and SMS Code.

Note that not all Access Methods may be available for your Account.

We are not liable for any refusal or failure of a Merchant to accept your instructions at any time or for the quality, performance or other matters in relation to goods and services bought with Transactions on your Account unless this is required by law or a code or is covered by the Terms and Conditions.

All Transactions made from your Account will be debited to your Account and you agree to repay them to us in accordance with the Contract. Daily or periodical transaction limits may apply on the number or value of Transactions on your Account you may make using different Access Methods. If we apply or vary any daily or periodic transaction limit we will advise you.

All Transactions made from your Account are at our absolute discretion.

8. Repayments

  1. You must pay us the Minimum Repayment Amount shown on your Statement by the Due Date shown on your Statement. You may choose to pay more if you wish but you must not put the balance in your Account in to Credit.
  2. An explanation of the Minimum Repayment Amount is set out in the zipPay Schedule.
  3. You are responsible for ensuring that payment is received by us on time on or before the Due Date.
  4. If the Payment Due Date is not a Business Day, or on the 29th, 30th or 31st of a month that does not include such a day, you must ensure it is received by us by the next Business Day.

If your Statement shows a Past Due Amount (Overdue) or refers to an amount “Due Immediately” you must also pay us that amount immediately on receipt of your Statement.

9. Application of Repayments

A repayment will be treated as being made on the Effective Date. The Effective Date for each repayment will be set out in your Statement.

We will apply your repayments to your Unpaid Balance.

10. How to make Repayments

Repayments must be made in a manner shown on your Statement, as amended from time to time, which may include the following:

  1. direct debit from your Nominated Account (by completing a Direct Debit Request) ; or
  2. BPAY from any participating financial institution (please refer to your Statement or the ZIP Customer Centre for further information on how to make a repayment to us Using BPAY); or
  3. by signing in to your account at www.zippay.com.au and using one of the payment methods identified ; or
  4. By any other method we advise you of.

11. Account Limit

Your Account Limit is the amount specified in the zipPay Schedule or such other amount as we may authorise. Subject to any Transaction limits you may Drawdown up to your Account Limit. You must ensure that you do not exceed your Account Limit. If your Account Limit is reached or exceeded fees and Government charges will continue to be charged to your Account even if debiting these items results in you exceeding your Account Limit. Your Account Limit does not change because your Account balance exceeds your Account Limit. Any excess above your Account Limit shall be immediately repayable by you without the necessity for ZIP to demand repayment. Should your Account reach the Account Limit, you should not initiate and we may not authorise further Transactions on your Account.

We may increase your Account Limit at your request or with your written consent, subject to our approval. You may request us to reduce your Account Limit at any time.

As per clause 20 we may decrease your Account Limit at any time.

12. Credit Balances

The Account must not have a credit balance. However, if your Account has a credit balance, Transactions on your Account will firstly be applied to reduce your credit balance.

We will not pay interest on the credit balance of your Account.

13. Fees Payable

You must pay us the fees and charges in the amounts and the circumstances set out in the zipPay Schedule, as varied from time to time. We will debit the fees and charges to your Account when they are payable and they will appear on your Statement.

14. Government Fees and Charges

You must pay all Government duties, rates, taxes and charges now, or in the future, charged on or otherwise payable in relation to your Contract or your Transactions. You must pay us the amounts in accordance with the relevant legislation, whether or not you are liable for them under that legislation. We may debit these to your Account and they will appear on your Statement.

15. Accessing your Account

We may provide you with access to your Account, at our absolute discretion, to obtain information or give us instructions using any one or more of the following Access Methods:

  1. our website;
  2. our ZIP Customer Centre;
  3. our customer service team;
  4. A Merchant recognised by us; or
  5. Any other method that we determine from time to time

Access to your Account may require a one of, or a combination of, a Password, PIN or SMS Code. We will try (without any legal obligation) to provide access on a 24-hour continuous basis. However, circumstances may not always make this possible.

16. Password Access to your Account

You must keep your Password secret and secure. This is because your Password permits the holder of the Password to access our Website and, therefore, information about your Account and to give instructions in respect of your Account. Please ensure you do not record or save your Password on your computer or on any emails. If you have lost, forgotten, or misplaced your Password, or believe someone knows it please contact us to cancel your Password and to re-set your Password.

Your Password should also:

  1. Be changed regularly via the Website or our customer service team, be easy to memorise but difficult to guess and not have any connection with you (such as birthday, telephone number, car registration etc);
  2. Not be disclosed to anyone else, not even family members or friends; and
  3. Not be stored in your computer programmable function keys.

You should also ensure that:

  1. your computer is free from viruses and any form of password recording program or mechanism;
  2. your computer is not left unattended while logged onto our Website; and
  3. you shut down all browser windows used to gain access to our Website and that the ‘back’ function or similar cannot be used to trace your activities.

17. Your email address and mobile phone number

We may use your email address as part of our secure log in and/or Transaction authorisation process, or to advise you of any enhancement or changes to your Account which may alter our delivery of, or your ability to use your Account. You need to keep your email address current. You may update your email address by contacting us or Using the Zip Customer Centre. If you do not provide us with a correct email address, you may not receive important information and Statements regarding your Account.

We may use your Mobile Phone number to send you SMS Codes as part of the Transaction authorisation process and other information relevant to this service. You need to keep your Mobile Phone number current. You may update your Mobile Phone number by contacting us or using the Zip Customer Centre. If you do not provide us with your correct Mobile Phone number you will not be able to transact on your Account, and you may not be notified of important information relevant to the use of your Account.

18. Liability for Unauthorised Transactions on your Account

You are liable to us in respect of an Unauthorised Transaction when:

  1. you have failed to advise us of any suspected or unauthorised use of your Account; or
  2. you have provided information regarding your Password to someone whether knowingly or not; or
  3. you have committed fraud.

You are not liable to us in respect of an Unauthorised Transaction when:

  1. The Unauthorised transaction occurred after you had advised us of suspected use of your Account; or
  2. A Transaction is incorrectly credited or debited to your Account by us; or
  3. It is clear that you have not contributed to the loss; or
  4. It was caused by the fraudulent or negligent conduct of employees or agents of:
    • us;
    • any organisation involved in the provision of the EFT System; or
    • any Merchant; relating to a forged, faulty, expired, fraudulent or cancelled Transaction

If you are concerned about any suspect activity on your Account, please contact our customer service team immediately.

19. Statements

You will receive a Statement each month where there has been a Transaction made on your Account or where there is an Outstanding Balance in the period unless we are excused from doing so under law. You are also entitled to ask for a Statement at any time. We may charge you a fee to provide Statements on request. All our Statements are provided electronically unless specifically requested otherwise. It is your responsibility to check your Statement carefully as soon as you receive it and immediately notify us of any errors or unauthorised Transactions. So that you can check your Statement you may wish to keep all your records of all your Invoices.

20. Changes to your Contract

Subject to the law we may vary your Contract at any time without your consent including:

  1. Changing the amount, frequency, time for repayment, or method of calculating any repayments;
  2. Changing the amount, frequency or time for payment of any fee or charge;
  3. Imposing a new fee or charge;
  4. Reducing (but not increasing) the Credit Limit;

We will give you notice of any change in accordance with any requirement of the law which may apply.

We will give you 20 days notice of a change if:

  1. The change will impose or increase any fees or charges relating to the use of an Access Method, or the issue of an additional Access Method; or
  2. We impose, remove or adjust daily or other periodic transaction limits applying to the use of an Access Method.

We are not obliged to give you any advance notice if an immediate change to the Terms and Conditions is deemed necessary for the security of individual accounts. We will give you notice of any other changes in the Terms and Conditions in accordance with this Contract.

21. Changes in your circumstances

You must contact us immediately to inform us of a change in your particulars, including when:

  1. your contact details change (including phone numbers, residential, delivery and email address);
  2. you have changed your name, either first or last name;
  3. you have been declared bankrupt or commit an act of bankruptcy;
  4. you would like to appoint a person to act on your behalf under a power of attorney; or
  5. your payment instructions change (for example you may wish to change your current Nominated Account details).

You must also tell us if you think there is any information that we should be aware of about your ability to comply with this Contract.

We may require written proof for changes in personal details.

22. Service of Notices

To the extent permitted by law, any notice or document given by us under this Contract or required by law or industry code or guideline may be given in writing, can be signed by any of our officers, and can be delivered personally, by pre- paid mail to the address you have nominated for delivery of notices and documents, or by email to your nominated email address, or if no such address has been nominated by you, your address as last known to us. Any such notice or document shall be deemed to have been received by you when it would have been delivered in the ordinary course of post or, if delivered by email, at the time it becomes capable of being retrieved by you at your email address.

23. Applicable Law

Your Contract is subject to the laws of the State or Territory in which you are ordinarily a resident when you accept our offer.

24. Evidence

You agree that any record of a Transaction provided to us by a Merchant is admissible evidence of the Transaction and of the amount shown and that, unless the contrary is established, it is conclusive evidence.

Further, you also agree that any statement (including, but not limited to, a statement of account or a default notice) that has been given to you by us or a person acting on our behalf, is admissible evidence of that fact or matter in the statement and that, unless contrary evidence is established, it is conclusive evidence.

25. Assignments of rights and disclosures

This Contract cannot be assigned by you without our prior written consent.

You authorise us to assign, transfer or otherwise deal with our rights under this Contract without the need to obtain further consent from you. This will not affect your rights or obligations under the Contract.

You consent to us disclosing on a continuous basis any information or documents relating to you we consider necessary to assign such rights, manage the assigned Contract and assess your total liabilities to us and any related entity.

26. Exercise of our rights

If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later and you agree we are not stopped from doing so. In addition we are not liable for any loss caused by exercising or attempting to exercise a right remedy or power or not exercising it, whether or not it is caused by our negligence.

27. Closure of, or denial of, access to your Account

  1. You may request that your Account be closed by:
    • Giving us notice in writing or contacting us; and
    • Paying any Outstanding Balance in full, including Transactions, and fees and charges not yet shown on your Account.
      If you request that we close your Account:
    • No further Transactions will be permitted; and
    • your obligations under this Contract will continue until you pay us the total amount you owe us (including fees and charges and other amounts you become liable to pay under the Contract and which are not yet debited to the Account).
  2. We may decide at any time without prior notice and whether or not you are in default to:
    • Suspend your Account; or
    • Close your Account.
      We will advise you if we do so. In either event:
    • you will not be allowed to make any further Transactions; and
    • you must continue to pay the Minimum Repayment Amount each month and, if relevant any Past Due Amount

    Subject to c), if we suspend your Account, you may continue to access information about your Account through our website. We will advise you when your Account is no longer suspended.

  3. We may, at any time, deny access to your Account via our Website for any reason including suspected fraudulent use, non-compliance with the Terms and Conditions or if we consider a security issue has arisen which requires further investigation.

28. Default

You are in default if:

  1. The payment of a Minimum Repayment Amount is not made by the relevant Due Date; or
  2. The Outstanding Balance of your Account exceeds the Account Limit; or
  3. You do not comply with any other terms or conditions of this Contract; or
  4. We believe, on reasonable grounds, that we were induced by fraud on your part to enter into this Contract; or
  5. You make any materially false or misleading representation to us.

If you are in default we may send you a default notice specifying the details of the default, how it may be corrected, and how long you have to correct it.

If you do not remedy the default within the time allowed then all amounts you owe us (including amounts which have been accrued but not yet debited to your Account) will be immediately due and payable. We may exercise our rights under this Contract at law.

Enforcement expenses may be payable if you default. You must pay to us all reasonable enforcement expenses incurred by us or our agents in exercising our rights because you default. Enforcement expenses when charged are debited to your Account, and when we do they will be added to and form part of the Unpaid Balance.

Enforcement expenses may include reasonable solicitors’ legal costs and the reasonable expenses of our staff and our facilities reasonably incurred in relation to any enforcement.

29. Exclusions of Warranties and Representations

  1. We do not warrant that recognised Merchants will accept Purchases. You should always enquire beforehand before selecting goods or services.
  2. We do not accept any responsibility should a Merchant refuse to accept or honour the Transaction.
  3. Unless the law requires, we are not responsible for any defects in the goods and services acquired by you through the use of the Account. You acknowledge and accept that all complaints about these goods and services must be addressed to the Merchant who provided or sold those goods and services. Even if you make a complaint or dispute regarding a Transaction you must still pay us all amounts and charges charged to your Account. However, if you dispute a transaction made using your Account within 30 days of that Transaction, in certain circumstances, and after due process and investigation, we may seek a reversal of the Transaction on your behalf (for example, where you did not receive the goods or services paid for). This involves the “charge back” or debiting of the Transaction from the Merchant’s account with its financial institution, and a crediting of that amount to your Account.

30. Warranties

You agree that all statements made, information and documents provided in connection with the application to us for the Account and all representations which you have made or may make to us whilst the Account is open are true and correct. You acknowledge that we have relied upon the correctness of those statements, documents or representations in entering into the Contract and will continue to do so in our dealings with you.

31. Legal rights

You have certain rights at law which cannot be limited or excluded. Nothing in the Terms and Conditions limits or excludes those rights, however our liability is limited to the maximum extent permitted by law.

If any provision of the Contract is or becomes invalid, unenforceable or breaches any mandatory law or applicable code then it is deleted and will not affect the remaining parts of the Contract.

32. Loss or damage if you breach your Contract

Subject to the Terms and Conditions and in addition to any rights we have to recover the Outstanding Balance of your Account, you agree to pay us for any loss, damage or costs we might have if:

  1. you breach any law or regulation that applies to your Account or Transactions;
  2. you do not use your Account correctly;
  3. you breach your Contract; or
  4. we are not responsible for any loss is if a Password is stolen or misused except where we agree in the Terms and Conditions or where by law or applicable code you are not responsible for any loss.

33. Appointment of signatories and attorneys

You can appoint a signatory or another person (attorney) under power of attorney to act on your behalf and access
your Account. We may require the signatory or attorney to sign our prescribed forms before they can access your Account. We will require satisfactory documentary evidence of the attorney’s appointment before we can allow the attorney to access your Account. We can refuse to accept any instructions from any signatory or attorney.

34. Interception and recording of communications

You agree and acknowledge that we can intercept, record, read or view by any means any communication you may have with or make to us by any means. Communications include telephone calls, emails and any other form of electronic or wireless communication.

35. Anti-Money Laundering and Counter-Terrorism Financing

  1. You acknowledge that:
    • we are subject to various Anti- Money Laundering and Counter-Terrorism Financing laws (AML/CTF) which include prohibitions against any person dealing with the proceeds or, or assets used in, criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act; and
    • the AML/CTF laws may prohibit us from offering services to, or entering into, or conduction Transactions with you.
  2. You agree:
    • That we are not required to accept or execute any instruction, or take any other action under, or in connection with, the Contract if we are not satisfied as to your identity, or where we suspect on reasonable grounds that by doing so we may breach the AML/CTF laws;
    • That we may delay, block or refuse to release any monies on your instructions, if we believe on reasonable grounds that to do so may breach any law in Australia or of any other country, including the AML/CTF Laws; and
    • That we will incur no liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us contemplated in paragraph b) (i) and (ii).

    You agree to provide all information and documents to us which we reasonably require to comply with any law in Australia or any other country, including the AML/CTF Laws and agree that we may disclose information which you provide to us, or about Transactions you conduct, or seek to conduct, with us where we required to do so by any such laws. You undertake that the payment of monies in accordance with this Contract or any instructions given by you will not breach the AML/CTF laws and you agree to indemnify us against any loss arising where you breach this undertaking.

36. No set off of counterclaim

You agree to make all payments you owe us under the Contract in full, without any set-off or counterclaim. This means that you cannot deduct anything that you claim we owe you, or could in the future owe you.

37. Feedback and complaint management

You may contact us with your feedback including any complaints by:

  1. Emailing us at customercare@zipmoney.com.au
  2. Calling our customer service team on (02) 8294 2345
  3. Clicking on the contact us button in the Customer Centre

We will process your complaint as per our complaints policies and procedures.

If your complaint cannot be resolved promptly, our Complaints Officer will take responsibility and work with you to resolve the matter. A final written response will be provided within 45 days.

If you remain dissatisfied with the outcome and would like an independent review of the complaint and the result you can refer your complaint to:

Financial Ombudsman Service (FOS)
Phone: 1800 367 287
Internet: www.fos.org.au
Mail: GPO Box 3, Melbourne, VIC, 3001

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