) and Limepay Pty Ltd ACN 169 399 393 (or its affiliates or related bodies corporate as applicable) (Limepay
). The Merchant is the party that provides you with the goods or services that you purchase under an arrangement separate to this agreement. You can purchase the merchant’s goods or services over a period of time by repaying in instalments (‘pay in 4
’) or in one lump sum payment in full (‘pay in full
’). These payment options are collectively, or interchangeably as the context requires, referred to in this agreement as the Payment Plan
shall mean each of the Merchant, Limepay and any other assignee/transferee under clause 12.
Summary of how the ‘pay in 4’ Payment Plan works
- The availability of the ‘pay in 4’ Payment Plan is subject to our approval. We may decline to enter into a ‘pay in 4’ Payment Plan with you. In these circumstances, we may choose to offer you a ‘pay in full’ Payment Plan instead or decline to enter into any Payment Plan with you.
- If you are approved for a ‘pay in 4’ Payment Plan, you will pay for your purchase in 4 payments (unless you elect to pay your Payment Plan off earlier).
- You will pay the first payment upfront, and the remaining 3 payments will be due every fortnight from the date of the first payment.
- You can pay your payments before the due dates, otherwise we will automatically take payments from your nominated (or subsequently nominated) debit or credit card on or after the due dates.
- If any automatic payment fails initially, we will attempt to take that payment again after that scheduled payment date (second attempt). If that second attempt fails, Limepay will charge you a late fee of $5. That late fee (including any other late fees incurred because of other failed instalment payments under the Payment Plan), will be added to the next scheduled payment. Over the term of any one Payment Plan, the total late fees you will be charged will not exceed 3 late fees (or $15).
- If you fail to make your payments in accordance with the Payment Plan and subsequently take out or seek to take out another payment plan either with the Merchant or another merchant that Limepay has the same or similar arrangements with (Limepay Merchant), Limepay has the right to and may recover from you, all amounts (including late fees) owed under this Payment Plan by debiting such amounts from any debit or credit card you nominate under any future payment plan.
Summary of how the ‘pay in full’ Payment Plan works
For ‘pay in full’ Payment Plans (whether selected by you or applying because your application for a ‘pay in 4’ Payment Plan was not approved), you will pay the full purchase price on the same day as the purchase.
1. Eligibility for a Payment Plan
To be eligible to open an Account and enter into a Payment Plan, you must:
- Be an individual who is at least 18 years old;
- Be capable of entering into a legally binding contract;
- Have a valid email address and phone number;
- Have a valid debit or credit card; and
- Pay the requested deposit or sum in full as directed at the checkout.
You can access and view the details about your Payment Plan (such as amounts paid, scheduled payments, etc) at any time by clicking the link we will provide to you. In entering into the Payment Plan, you agree to:
- Use the Payment Plan strictly only in accordance with its intended use (to purchase goods and/or services from the Merchant and to make your repayments in accordance with the Payment Plan) and not to use the Payment Plan for any other use including but not limited to fraud and/or acts of crime;
- Maintain and promptly update any information given to us so as to keep your information accurate and complete (you can update your details by clicking the link we will provide to you);
- Not allow others to access your Payment Plan online or give anyone else your account login information; and
- Fully cooperate with us in investigating any improper access to your Payment Plan.
We may decline to enter into a Payment Plan with you, resulting in your Payment Plan not being approved. Examples of when this could happen include:
- You provide inaccurate, untruthful or incomplete information or we have reasonably grounds to suspect this is the case;
- We are not able to identify you to our satisfaction;
- We don’t think you are eligible for the Payment Plan
- Results of credit checks completed on you are not to our satisfaction or acceptable to us;
- You have outstanding payments or late payment fees(s) due on any payment plan whether with the Merchant or another Limepay Merchant, or we suspect or are aware that you have breached or violated your agreement under another payment plan (whether with the Merchant or another Limepay Merchant);
- We are not satisfied with your ability to make payments;
- We reasonably consider it necessary to limit the risk of money laundering or terrorism financing, fraud or any other breach of law; or
- We otherwise determine that it is not appropriate to offer you the Payment Plan.
If you have sought a ‘pay in 4’ Payment Plan, we may decline to enter into that Payment Plan but instead offer you a ‘pay in full’ Payment Plan. You are responsible for maintaining and protecting the confidentiality of your Payment Plan. We are not responsible for any unauthorised access to the relevant link provided by us to you for your Payment Plan unless we have failed to take reasonable steps to prevent such access or use, in which case clause 7 applies.
2. Payment Plans
Payments If the Merchant enters into a Payment Plan with you, you will pay the purchase price as agreed at the checkout. For ‘pay in 4’ Payment Plans, you will pay the first payment on the same day as the purchase and pay the subsequent 3 payments on the same day every 2 weeks thereafter. For ‘pay in full’ Payment Plans, you will pay the full purchase price on the same day as the purchase. Automatic payments You authorise us to process payments and any late payment fee(s) as applicable (see more on late fees below), using the payment method details provided by you under this Payment Plan or subsequent payment plans. You will have the option to select your payment method when you enter into the Payment Plan. You must provide us with details of your nominated debit or credit card when selecting your payment method. You are responsible for ensuring that you have sufficient funds in your nominated debit or credit card. If we are unable to process a payment for any reason, including but not limited to, your nominated card being expired or cancelled or there being insufficient funds in the account associated with your nominated card, you are liable for late payment fee(s) (as specified below) and any fees and charges imposed by your nominated financial institution or card issuer (as applicable). If you fail to make your payments in accordance with this Payment Plan and subsequently take out or seek to take out another payment plan in Australia (either with the Merchant or another Limepay Merchant), we have the right to and may recover from you, all amounts (including late fees) owed under this Payment Plan by debiting such amounts from any debit or credit card you nominate under any future payment plan (taken out in Australia). We are not responsible for the actions of your financial institution which may impact your compliance with the Payment Plan. Limepay may engage a third party payment processing service to process the payments under your Payment Plan. You authorise Limepay to provide any third party payment processing service with your personal information (including the account or card details you have provided us, or any payment authority you complete and sign) for the purposes of processing payments under your Payment Plan. If at any time you believe that a debit or credit card nominated under your Payment Plan is expired, cancelled, incorrect or no longer suitable, it is your responsibility to notify us as soon as possible (you can update your details by clicking the link we will provide to you).
3. Consequences of failing to comply with Payment Plan terms
Late fees If any automatic payment fails initially, we will attempt to take that payment again after the scheduled payment date (second attempt). If that second payment attempt fails, we will charge you a late fee of $5 in respect of that payment. That late fee (including any other late fees incurred because of other failed instalment payments under the Payment Plan), will be added to the next scheduled payment. Over the term of any one Payment Plan, you can be charged up to 3 late fees (that is, up to $15). We may waive any late fee at our discretion. Where we are unable to process a payment because of an error or failure in our systems, you will not be liable for the relevant late payment fee(s). Other actions If you fail to make payments in accordance with your Payment Plan, we reserve our rights to pursue any and all actions against you that are available to us. Such actions may include debt recovery, bars or conditions on future payment plans and termination or suspension of any current payment plans you hold with us, including this Payment Plan or such other actions as we consider appropriate in the circumstances (in our discretion). Debt recovery and your credit score In the case that you do not make the payments agreed under your Payment Plan, you consent to us notifying third party collections/recovery agencies. This may affect your credit rating, your ability to obtain credit in the future and may also mean you are not approved to enter into payment plans in the future with the Merchant or other Limepay Merchants or alternate credit providers. Your ongoing liability to repay For Australian plans, we may deduct any amounts owing to us (including payment amounts and late payment fees) that are payable by you, from any payment method you nominate under this Payment Plan or future payment plan(s) under any number of payments until the full amounts outstanding are repaid (regardless of how long this takes). Where we terminate your Payment Plan, the full outstanding amount will immediately be due and payable.
4. Identity checks and payment assessments
‘Pay in 4’ Payment Plans If we agree that your transaction is to be refunded or credited in full, you will not have to pay any further payments related to the Payment Plan, and we will refund each payment you have made under the Payment Plan including any late fees you have paid. If we agree that your transaction is to be partially refunded or credited:
- if the outstanding debt is equal to the refund amount, you will not have to pay any further payments related to the Payment Plan;
- if the outstanding debt is greater than the refund amount, the refund amount will be deducted from any further payments related to the Payment Plan; or
- if the outstanding debt is less than the refund amount, we will refund you the difference and you will not have to pay any further payments relating to the Payment Plan; and
- we may refund, revoke or cancel (as applicable) any late fees at our discretion.
‘Pay in full’ Payment Plans If we agree that your transaction is to be refunded or credited partially or in full, we will refund the relevant amount to you. No setoff allowed If we refuse to refund or credit your transaction despite you seeking a refund or credit, or disputing the purchase, you must pay all amounts due under the Payment Plan (as applicable) without setting off the amount you believe we owe you and without counterclaiming from us, except to the extent that any right of set off, refund or credit you may have cannot be excluded under any law.
7. Limitation of liability
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement shall not exceed the total value of your purchase, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action. This limitation does not apply to your rights under law, including Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) (collectively the Australian Consumer Law). Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.
8. No resale of the Payment Plan
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Payment Plan, use of the Payment Plan, or access to the Payment Plan.
9. Early Termination
Early repayment You can terminate your Payment Plan at any time by repaying the full remaining balance owing under your Payment Plan including any late payment fee(s). Default termination We may terminate your Payment Plan immediately if:
- our attempt to collect a payment from you fails three or more times; or
- we believe you are not using this Payment Plan only in accordance with its intended use (to purchase goods and/or services from the Merchant and to make your repayments in accordance with the Payment Plan and not to use the Payment Plan for any other use including but not limited to fraud and/or acts of crime).
If we terminate your Payment Plan, any outstanding amounts under the Payment Plan become immediately due and payable.
10. Disclaimer of Warranties
Your use of the Payment Plan is at your sole risk. The Payment Plan is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except we do not disclaim liability to the extent it is caused by our negligent or wrongful act or omission. This limitation does not apply to your rights under law, including the Australian Consumer Law. Other than in respect to any rights you may have under the Australian Consumer Law or where applicable New Zealand consumer protection law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, we make no warranty that:
- the Payment Plan will meet your requirements; or
- the Payment Plan will be uninterrupted, timely, secure, or error-free.
This agreement does not apply to the supply of goods and/or services by the Merchant which is a separate and independent arrangement.
We may provide you with notices by email or postings on the Payment Plan dashboard (that you can access via the link we provide to you).
If you choose and are approved for a Payment Plan, the Merchant assigns its rights and obligations under this agreement in respect of the debt, to Limepay and such assignment does not require your consent. Limepay may also transfer, or assign, our rights and obligations under this agreement without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee/transferee or to anyone who is considering becoming the assignee/transferee. You also authorise us to novate our obligations under this agreement to the assignee/transferee, where applicable. You cannot transfer or assign your rights under this agreement without our written consent.
13. Changes to terms and conditions
It is important that you read these terms in full each time you take out a payment plan. We reserve the right to modify, update or otherwise alter the terms of this agreement as they may relate to future payment plans from time to time. Any such changes will apply to your next payment plan but will not apply to this Payment Plan. If you are unhappy with any of the changes, you can elect to not proceed with the next Payment Plan.
14. General Information
Choice of law and Forum This agreement will be governed by the laws of the state or territory of Australia that you reside in at the time you enter into the Payment Plan. You and we agree to submit to the non- exclusive jurisdiction of the courts of that state or territory. Waiver and severability of terms Any failure of a party to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. Target market determination Limepay’s target market determination document is available for you to access for free. If you would like a copy of Limepay’s target market determination document, please contact us on email@example.com Interpretation The section titles in this agreement are for convenience only and have no legal or contractual effect.