© 2016 zipMoney Payments
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
Your Contract comprises:
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.
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
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
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.
The Contract comprises the zipPay Schedule and these Terms and Conditions. The Contract governs all Transactions made using the Account
The Contract operates as a revolving credit facility by using the Account.
You cannot make a Transaction until your Account is activated. Your Account is activated by you accepting your Contract.
We may allow you to obtain credit by making a Transaction on your Account through any Access Method we determine which may include:
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.
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.
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.
Repayments must be made in a manner shown on your Statement, as amended from time to time, which may include the following:
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.
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.
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.
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.
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:
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.
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:
You should also ensure that:
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.
You are liable to us in respect of an Unauthorised Transaction when:
You are not liable to us in respect of an Unauthorised Transaction when:
If you are concerned about any suspect activity on your Account, please contact our customer service team immediately.
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.
Subject to the law we may vary your Contract at any time without your consent including:
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:
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.
You must contact us immediately to inform us of a change in your particulars, including when:
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.
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.
Your Contract is subject to the laws of the State or Territory in which you are ordinarily a resident when you accept our offer.
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.
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.
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.
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.
You are in default if:
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.
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.
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.
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:
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.
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.
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.
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.
You may contact us with your feedback including any complaints by:
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
Mail: GPO Box 3, Melbourne, VIC, 3001
We will contact you with a result in 2 business days. If your application is successful we will be in touch to help you with set up and integration
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