1. Your agreement with us
1.1. Your credit contract with Openpay Pty Ltd ACN 159 699 126 of Level 40, 120 Collins St, Melbourne, VIC 3000 (“we/us”) consists of:
1.1.1. these terms and conditions; and
1.1.2. each Openpay Plan emailed to you as a confirmation of each purchase financed under the credit contract.
1.2. You will be taken to have accepted the terms of this credit contract when you pay the first instalment in accordance with clause 2.
1.3. By entering into this credit contract, you declare that all information you have given in connection with it is accurate and not misleading and you are aware that we are relying on it. This includes the identification information provided by you to us to process your application such as your name, residential address, date of birth, mobile phone number and home phone number (or alternate secondary contact number), email address and Australian photo identification.
1.4. We will not allow you to redraw any amount under an Openpay Plan in accordance with clause 9.1 until you have made at least 20% of the instalments owing in connection with your most recent purchase financed under the credit contract with us.
1.5. You agree to indemnify us and our officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis)) arising from or relating to a breach by you of these terms or any applicable law or regulation in connection with this credit contract.
- First Instalment
At the time you make a purchase which is, or is to be, financed under this credit contract, you must pay us an initial payment (“first instalment”) inclusive of any Establishment Fee and a Plan Management Fee for the instalment. This first instalment must be paid using a MasterCard or Visa debit or credit card issued in your name and is payable within the Participating Merchant’s store at the time of purchase or, where you make a purchase from a Participating Merchant’s website, at the time of your online purchase. If the total of your subsequent instalments exceeds the limit set by the Openpay Plan (“Credit Limit”) then you will be required to pay a larger first instalment at the time of purchase to ensure that Credit Limit is note exceeded.
- Advancing Credit
3.1. Subject to payment of the first instalment, we will finance the balance of the purchase price in the amount specified in the relevant Openpay Plan by paying that amount to the Participating Merchant on your behalf and debiting that amount to your account with us.
3.2.1. When you make a purchase which is to be financed under this credit contract, we may conduct a pre-authorisation on your credit or debit card for a portion of the total amount due under the Openpay Plan before we agree to fund your purchase.
3.2.2. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation.
Note: No funds are taken from your account at pre-authorisation but a temporary ‘hold’ is placed on the funds. Once we have cancelled the pre-authorisation, it may take up to seven (7) days for your financial institution to release the funds and before you are able to access them.
- Payment Obligations
4.1. You must repay the amount of credit we provide in relation to each purchase we finance by making the instalments specified in the relevant Openpay Plan without set-off or deduction for any reason. You may make any instalment sooner than its due date.
4.2. You may make the instalments in the following ways:
4.2.1. by your Nominated Card;
4.2.2. in cash in person at our office at Level 40, 120 Collins St, Melbourne, VIC 3000 between 9am to 5pm Monday to Friday; and
4.2.3. by cheque or money order sent by post to GPO BOX 5262, Melbourne VIC 3001 quoting your Openpay Plan Number.
4.3. Unless you inform us that you wish to make a particular instalment by cash, cheque or money order, you direct and authorise us to charge the amount of any instalments to your Nominated Card when the instalment is due.
4.4. You will incur a Plan Management Fee as specified in your Openpay Plan for each instalment regardless of the payment method you choose.
4.5. For all instalments made by card, you must ensure there are sufficient funds available to allow the instalment to be charged to the Nominated Card when it is due. You agree to notify us promptly in writing if the Nominated Card specified in any Openpay Plan that forms a part of this credit contract or any other card you nominate to us as a means of making payment is cancelled, suspended, due to expire or otherwise ceases to be a means by which we may collect payments while payments remain owing. In this case, you must immediately nominate another card or pay the outstanding balance and all other amounts payable under this credit contract.
4.3.. You must pay us any government stamp duty or tax that we may be required to pay in connection with your purchase and any payment you make to us.
If the Participating Merchant approves and pays to us a refund of the purchase price for any purchase financed under your credit contract, we will refund the amount of any instalments you have made by crediting those amounts to your Nominated Card account and you will not need to make any further instalments in respect of that purchase. We do not charge you a fee in connection with this however, we will not refund any Plan Management, Establishment or default fees you have already paid.
- Default and its consequences
6.1. You default under this credit contract if:
6.1.1. you fail to pay any amount when due, or fail to comply with any of your obligations under this credit contract;
6.1.2. you become bankrupt or insolvent, are wound up or enter administration or receivership;
6.1.3. the Nominated Card is cancelled or suspended or our attempt to debit any amount payable by you to it is declined for any reason; or
6.1.4. we discover you deliberately gave us misleading or untrue information in relation to this credit contract.
6.2.If you fail to make a payment by its due date, a Late Payment Fee in addition to the relevant Plan Management Fee applies and must be paid by you immediately. If you default, we may terminate this credit contract by notice to you and require you to pay us the Outstanding Balance under this credit contract including all future instalments (even if they are not otherwise due) and all other amounts payable under this credit contract including Late Payment Fees, Plan Management Fees and a Referral Fee. You authorise us to charge such fees to your Nominated Card account. Refer to clause 14 for details of these fees.
6.3. If you are in default, we may engage a debt collector to recover amounts owing under this credit contract. You must pay for any reasonable enforcement expenses we incur in exercising our rights to recover any outstanding amounts due under the credit contract.
6.4. If you change your Nominated Card without telling us or if your Nominated Card is dishonoured, we may charge to any previously Nominated Card any outstanding amounts under your Openpay Plan unless you have instructed us otherwise. The Plan Management Fee will apply for each scheduled instalment regardless of whether it is paid.
6.6 Where your payment of an instalment is dishonoured, we may reattempt to debit the amount from your Nominated Card at a later date. You will be liable to your card issuer or financial institution for any dishonour fees incurred on your Nominated Card.
6.7. You acknowledge that where goods or services you purchase using an Openpay Plan are to be delivered after the time of your purchase, the Participating Merchant may, under instructions from us, withhold delivery of those goods and services if you are in default under these terms and conditions. You authorise us to act as your agent to suspend, terminate or cancel your agreement with the Participating Merchant for delivery of the relevant goods or services in accordance with that agreement’s terms and conditions.
- Dealing with our rights and obligations
We may assign or novate to any person or entity or otherwise deal in any manner with any of our rights, obligations or interests under this credit contract and you consent to us assigning or novating this credit contract.
8.1. You agree that we may give you any notice or document regarding this credit contract and otherwise communicate with you by email, post or personal delivery to any addresses you notify to us.
8.2. You may give us any notice or document regarding this credit contract by email to email@example.com, by post or by delivery to our office at Level 40, 120 Collins St, Melbourne, VIC 3000.
8.3. You agree to notify us promptly in writing if you change your name, residential address, email address or other contact details.
- Your Openpay Plan
9.1. Subject to clause 1.4, you may draw down any Available Credit under this credit contract to finance future purchases with any of the current Openpay Participating Merchants. A current list of Participating Merchants is available on the website at www.openpay.com.au. An Establishment Fee may be payable when you enter into this credit contract and a Redraw Fee may be payable when you draw down any of the Available Credit under a second and each subsequent Openpay Plan forming part of this credit contract.
9.2. This credit contract continues until the sooner of:
9.2.1. termination by us upon your default under clause 6.2;
9.2.2. termination by us under clause 9.3; and
9.2.3. termination by you under clause 9.4.
9.3. After the expiry of all Openpay Plans forming part of this credit contract:
9.3.1. we can terminate this credit contract at any time without cause by notice to you; and
9.3.2. if 12 months has elapsed following expiry, this credit contract shall be deemed to have terminated.
9.4. You can terminate this credit contract at any time by contacting us.
9.5. On termination of this credit contract for any reason, you must immediately pay all amounts owing under this credit contract without set-off or deduction.
9.6. If for any reason the Outstanding Balance exceeds the Credit Limit, you must immediately make such payment as is necessary to reduce the Outstanding Balance to the amount of the Credit Limit.
9.7. The aggregate of the fees you must pay in connection with your Openpay Plan (excluding Late Payment Fees) is capped as follows:
9.7.1. in the first 12 months after commencement of this credit contract $200
9.7.2. in each subsequent 12 month period $125
- Special Terms and Conditions where a warranty product has been purchased
10.1. You acknowledge that if you default under these terms and conditions and remain in arrears for a period of more than 14 days, Openpay will provide written notification to the warranty provider of this default. You acknowledge that in this circumstance, your warranty will be cancelled from the date on which this written notification is provided.
10.2. You acknowledge that the warranty provider will not transfer any warranty financed by Openpay where there is an Outstanding Balance under the relevant Openpay Plan.
- Special Terms and Conditions for financing of goods requiring installation at your residential property, or marketing costs associated with selling a residential property.
11.1. You agree that by taking out the Openpay Plan you are the registered proprietor of the property being marketed or at which the financed goods are being installed.
11.2. You acknowledge that any Outstanding Balances must be paid, prior to selling such property.
- Relationship between Openpay and the Participating Merchant
You acknowledge that a Participating Merchant may pay us a fee in respect of each Openpay Plan used to finance the purchase of goods or services from the Participating Merchant.
Capitalised words and phrases have the meaning given to them in the Openpay Plan) or in these terms and conditions including this clause 13. The following words and phrases have the following meanings:
13.1. Available Credit at any time means the difference between the Credit Limit and the Outstanding Balance at that time.
13.2. Credit Limit means the credit limit specified in your most recent Openpay Plan forming part of this credit contract.
13.3. Fee means any fee specified in clause 14 and any Openpay Plan that forms a part of this credit contract.
13.4. Instalment means any instalment specified in any Openpay Plan that forms a part of this credit contract.
13.6. Nominated Card means the credit or debit card specified in the “Nominated Card” section of an Openpay Plan that forms a part of this credit contract including any card you later notify us in substitution for that card.
13.7. Openpay Checkout Process means the process undertaken to finance the purchase of goods or services supplied by a Participating Merchant including use of the checkout function using the Openpay app or Openpay website and the manual sales process for arranging an Openpay Plan provided by a sales assistant at the Participating Merchant’s premises.
13.8. Outstanding Balance at any time means the aggregate of all amounts owing under this credit contract at that time.
13.9. Participating Merchant means a merchant that allows you to finance a purchase of goods or services under an Openpay Plan .
13.11. Term means, in relation to an Openpay Plan, the period specified in the Openpay Plan terms and conditions.
13.12. These Terms and Conditions will be governed by the law for the time being in force in Victoria, and you agree to submit to the non-exclusive jurisdiction of the Courts in that State.
14.1 The fees payable under this credit contract are those set out in this clause and those disclosed to you before you enter into an Openpay Plan during the Openpay Checkout Process.
14.2 A Plan Management Fee as described at the time of purchase is billed in line with your nominated “plan schedule” which is provided to you during the Openpay Checkout Process. For purchases made via the Openpay website or app, click on the “Initial Payment” Button to see the Plan Management Fee applicable to each instalment under that particular Openpay Plan. For instore purchases made at a Participating Merchant’s premises, view the onscreen information generated by the sales assistant to confirm the Plan Management Fee amount.
14.3 An Establishment Fee or Redraw Fee may be applicable on all approved Openpay Plans. The Establishment Fee or Redraw Fee (as applicable) varies at each Participating Merchant. For purchases made via the Openpay website or app, click on the “Initial Payment” Button to see the Establishment Fee or Redraw Fee applicable. For instore purchases made instore at the premises of a Participating Merchant, view the onscreen information generated by the sales assistant to confirm the Establishment Fee or Redraw Fee amount.
14.4 Other fees which may become payable under this credit contract include a:
14.4.1 Default Fee of up to $9.00 each time you fail to make an instalment due under this credit contract; and
14.4.2 Referral Fee of $19.00 when you choose to close the continuing credit facility under this credit contract before the credit contract comes to an end.
14.5. The aggregate of the fees you must pay in connection with your Openpay Plans (excluding Default Fees) is capped as follows:
14.5.1. in the first 12 months after commencement of this credit contract $200.
14.5.2. in each subsequent 12 month period $125.
- Privacy Statement and Consent
You agree that we may collect your personal information to identify you, process any applications you make, provide our services to you, and for our own internal business development purposes. Unless you tell us not to, we may also use your information to let you know about products or services that may interest you. We may also share your information with the Participating Merchant at which your Openpay plan purchase was made. Your personal information may also be disclosed to a debt collector if you are in default under this credit contract. We may obtain a credit report about you in connection with your Openpay Plan and you consent to us doing this. A credit reporting body (CRB) may include information about you in credit reports to credit providers (such as us) to assist them in assessing your creditworthiness. If you fail to meet your payment obligations or if you commit a serious credit infringement, we may be entitled to disclose this to a CRB. The CRB we use is Equifax whose policy on the handling of personal information related to credit can be found at http://www.equifax.com/privacy/.You have a right to request a CRB not to use your information for the purposes of pre-screening direct marketing and you can also request a CRB not to use your information if you believe on reasonable grounds that you have been or are likely to be the victim of fraud.
We may be required to collect your information by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. If you do not provide us with your personal information we may not be able to provide our services to you.
We may disclose your personal information to our related entities, service providers and agents located overseas, including in the UK, USA, Israel, the Philippines and Hong Kong.
- Varying these Terms and Conditions
These Terms and Conditions may be varied by us from time to time, provided any changes which materially affect your rights or obligations are made by giving you no less than 14 days’ written notice. If you do not wish to agree to any variation (if any), you will be entitled to terminate this credit contract in accordance with clause 9.
This document was last updated 06 September 2017.