NZ Terms & Conditions

  1. Your agreement with us
    1. By agreeing to enter this Deferred Payments Contract
      in respect of any purchase (the “Contract”), you agree to pay Openpay Pty Ltd Pty Ltd ACN 159 699 126 of 40/120 Collins Street, Melbourne, Victoria 3000, Australia (“we”, “us”, “Openpay”) the instalments specified in the Openpay Deferred Payment Plan (the ” Plan”) contained in the store receipt that is issued to you in respect of that purchase.
    2. You agree to pay such instalments in consideration for Openpay paying the retailer the balance of the price for goods purchased by you from the retailer, and you agree to do so on these terms and conditions.
    3. You will be taken to have agreed to these terms and conditions and to the accompanying privacy terms contained in the section headed ‘Collection and use of your personal information’of this brochure by signing an electronic signature pad for the relevant Plan.
    4. By signing this Contract, you declare that all the information you have given in connection with it is accurate and not misleading and you are aware that we are relying on it.
    5. You acknowledge that Openpay may decline to enter this Contract with you in our absolute discretion.
    6. You must retain this Contract and your Plan as they represent your contract with Openpay.
  2. Your payment obligation
  3. This Contract is free from interest and free from upfront or monthly fees.
  4. You must pay a 20% deposit on your nominated MasterCard or Visa debit or credit card (“Nominated Card”) in store before you take your purchases home. If the purchase price of your goods exceeds the aggregate purchase amount threshold imposed by Openpay (details of which can be found on our website – myopenpay.co.nz) (the “Openpay Transaction Limit”), you must pay a 20% deposit on the Openpay Transaction Limit plus the additional amount that exceeds the Openpay Transaction Limit.
  5. You must pay the instalments set out in your Plan at the times specified in your Plan or earlier if you so choose.
  6. If you exercise a statutory or other right to obtain a refund of the purchase of any goods or services financed under this Contract, instalments which you have made to us will be refunded to your Nominated Card.
  • Payments – how made
    1. You must pay each instalment to us by its due date in full without set-off or deduction for any reason.
    2. Instalments may be paid by cheque or money order sent by post to GPO BOX 5262, Melbourne VIC 3001, Australia. Cheques and money orders must be made out to Openpay Pty Ltd Pty Ltd. You must indicate your name and Plan number when providing us with payment in this way.
    3. If we have not received your instalment by cheque or money order by the end of the repayment due date, or if a cheque or money order is dishonoured, you will be taken to have directed and authorised us to instead charge the payment to your Nominated Card.
    4. Payments may also be made by your Nominated Card. A processing fee of $2.50 will be charged at the time of payment for any payment by card (other than payment of the initial deposit which does not incur any fees). You must ensure there are sufficient funds available to be drawn from your Nominated Card account to allow any payment to be honoured.
    5. If we receive a cheque or money order from you in relation to an instalment after we have already charged your Nominated Card, we may elect to apply it towards your Plan or return it to you at our discretion.
    6. We may apply any payment you make in any manner we choose.
    7. We may apply any previously nominated card to any outstanding amounts under any of your Plans in the event that our attempt to process a payment on your Nominated Card is declined for any reason.
    8. Requested changes to payment schedules in your Plan may incur a Plan administration fee of $5 per variation and must be paid by you at the time of requesting the variation.
  • Default and its consequences
    1. You default under this Contract if:
      1. you fail to pay any money when due, or fail to comply with any of your other obligations under this Contract or your Plan ;
      2. you become bankrupt, are wound up or become subject to administration or receivership or any similar thing under any law;
      3. your Nominated Card is cancelled or suspended or our attempt to process a payment is declined for any reason; or
      4. we discover you gave us misleading or untrue information in relation to this Contract or your Plan .
    2. If you fail to make a payment by its due date, a late payment fee of $7.50 applies and must be paid by you immediately. You authorise us to recover this fee by a charge to your Nominated Card.
    3. If you default, we will advise you of this default and unless remedied within 7 business days of us giving you notice of the default, we may (in our sole discretion) require you to pay us the outstanding balance of all instalments owing under your Plan (even if they are not otherwise due) and all other money payable under this Contract including late payment fees and enforcement expenses we reasonably incur. In these circumstances, you will also be required to pay a Plan closing fee of $17.50 which must be paid by you at the time the Plan is closed.
  • Understanding this Contract generally
    1. Where more than one of you has entered into this Contract, each person is individually liable for all the money owing and for all other obligations owing under this Contract and the Plan and if any one of you is not, or ceases to be, liable at any time, each other person will continue to be liable under this Contract and the Plan.
    2. We may assign or novate to any person or otherwise deal in any manner with any of our rights, obligations or interests under this Contract and your Plan
    3. By choosing to defer your purchase using Openpay you have a 14 day cooling off period from the date of purchase during which time you may return your purchase and cancel this Contract. You also have rights under the Consumer Guarantee Act 1993 for any breach of a consumer guarantee. There are no penalties for cancelling your plan within this period however processing fees will not be refunded. The Plan must be presented for all types of returns.
  • Verification
    1. In order for us to verify your identity, you agree to provide us with:
      1. your New Zealand drivers licence (or other form of photo identification acceptable to us such as a New Zealand passport);
      2. a Visa or MasterCard credit card or debit card;
      3. if the identification document provided by you does not include your address, proof of your address in a form acceptable to us;
      4. your email address; and
      5. any further information that we reasonably require in order to comply with all laws and regulations in New Zealand (including but not limited to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009).
  • Interpretation
    1. In this Contract, unless the context otherwise requires an expression that starts with capital letters has the meaning given to it in this Contract,.
    2. In this Contract, any reference to:
      1. “we”, “us” and “Openpay” includes our successors, assignees and transferees and “our” has a corresponding meaning;
      2. “you” means each person specified in your Plan and “your” has a corresponding meaning; and
      3. “Nominated Card “includes any subsequent card nominated by you as your nominated card for the purpose of your Plan.
  • Notices
    1. We may give you any notice or document regarding this Contract or your Plan by email, post or delivering it to your residential address notified to us.
    2. You may give us any notice or document regarding this Contract or your Plan by email, sending it by post or delivering it to our office at the address specified at the start of this Contract.
    3. You agree to notify us promptly in writing if you change your name, address or email address.
    4. You agree to notify us promptly in writing if your Nominated Card is cancelled or suspended or otherwise ceases to be a means by which we may collect payments and you must immediately nominate another card or pay the outstanding balance of instalments and all other monies (including any fees) payable under this Contract and your Plan
  • Governing law
    1. This contract is governed by, and is to be construed in accordance with, New Zealand law.

We care about your information
This statement describes how your personal information is collected, used, handled and disclosed in connection with your application to Openpay Pty Ltd Pty Ltd ACN 159 699126. It also describes the matters to which you give consent. Personal information we collect is treated in accordance with the accompanying privacy terms contained in the section headed ‘Collection and use of your personal information’ of this brochure and the Privacy Act 19. You can request access to the information held about you and obtain a copy of our Privacy Policy (including details of our related companies) from our website or by calling the Privacy Officer on +61 (03) 9009 7211.

Collection and use of your personal information
Your personal information is collected by us primarily to consider your application for credit and to manage your Plan(s). It is also collected for secondary purposes including:

  • to correspond with you in relation to your application or Plan; and
  • to promote our services and understand services you may be interested in receiving.

If you do not want us to use your personal information to notify
you of products and services, please contact our Privacy Officer on +61
(03) 9009 7211, info@myopenpay.co.nz or by post to 40/120 Collins Street, Melbourne, Victoria 3000, Australia.
We may collect information about you:

  • from a commercial credit agency for the purpose of assessing the application, even if it is an application for consumer credit; and from credit providers named in the credit application or in any consumer credit report about you.
  • We may obtain a consumer credit report about you from a consumer credit reporting agency, even if the application is for commercial credit:
  • to assess the application; and
  • to collect overdue payments;

We may collect information from your nominated employer/s to verify your employment and other information you provide.
We may not be able to process the credit application without the information requested.

Disclosure of your personal information
We may disclose personal information collected about you:

  • to our contractors (such as any mail house or commercial agent) on confidential terms;
  • to our related entities (who may use and disclose the information in the same manner we can); and
  • in accordance with any consent you give or where disclosure is authorised or compelled by law.

We will not make these disclosures to any person outside of jurisdictions in which we operate. We may give a credit reporting agency your personal information such as your name, birth date, current and recent addresses; employer details, driver’s licence number, details of cheques dishonoured more than once; the fact that you have applied for credit and the amount;
the fact that we are a current credit provider to you; details of payments more than 60 days overdue where debt collection action has commenced; that in certain circumstances, our view that you have committed a serious credit infringement. We may disclose information about you including your credit worthiness or credit history to other credit providers to assess an application by you for credit, to notify them of a default by you and to inform other credit providers who allege you are in default with them. We may disclose your information to any person reasonably necessary for the purposes of that person taking an assignment of your loan.

Information about other persons
If you provide information about any other person, such as an employer or referee, you agree to tell them:

  • that you are providing this information to us;
  • of our contact details on this form;
  • the reason you are providing their information; and
  • the fact that personal information is collected, used and disclosed as described above

E-mail Communication
You must provide us with an e-mail address for correspondence. You consent to electronic communications being sent to you via that e-mail address, including notices and reminders. To protect your privacy, we recommend
that any e-mail address you provide to us, be your personal e-mail address rather than, for example, an e-mail address accessible by your work colleagues or family members.