Our GiftPay payment plan option allows you to purchase our goods or services over a period of time by repaying us in equal instalments (Payment Plan).
Summary of how this Payment Plan works
- You will pay for your purchase in 4 equal payments.
- 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 debit or credit card on the due dates.
- If an automatic payment fails on the due date, we will charge you a late fee of $5. You can be charged up to 4 late fees which total $20.
- If an automatic payment fails, we will attempt to take that payment 4 days later. If that second payment attempt fails, we will add the payment due, including any late fees, to the next scheduled payment.
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 (you will need both of these to verify your identity );
- Have a valid debit or credit card; and
- Pay a 25% deposit, unless you qualify to have this deposit waived.
Your Account will be administered by our third party administrator. If you enter into payment plans with other merchants using the same administrator, your Accounts will be managed so that all your payment plans can be viewed and accessed in the one Account.
In opening an Account and entering into a Payment Plan, you agree to:
- Provide accurate and complete information about yourself as prompted by our website;
- Maintain and promptly update such information to keep it accurate and complete;
- 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 online to your Payment Plan.
If you provide any inaccurate or incomplete information, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your Account and refuse future use of Payment Plans. We may decline to open your Account or enter into a Payment Plan if you are not approved by us. Examples of when this could happen are:
- We are not able to identify you to our satisfaction.
- The deposit is declined;
- You have outstanding payments or late payment fees(s) due on any payment plan, attached to your Account, or we suspect or are aware that you have breached or violated your agreement under another payment plan attached to your Account;
- We are not satisfied with your ability to make payments; or
- We reasonable consider it necessary to limit the risk of money laundering or terrorism financing, fraud or any other breach of law.
You are responsible for maintaining and protecting the confidentiality of your login details, which consists of your e-mail address and password. We are not responsible for any unauthorised access and use of your Account unless we have failed to take reasonable steps to prevent such access or use.
2. Payment Plans
If we enter into a Payment Plan with you, you will pay us the purchase price in 4 equal payments. You will pay the first payment as a deposit on the same day as the purchase, and pay the subsequent 3 payments on the same day every 2 weeks thereafter. Automatic payments You authorise us to process payments and the late payment fee(s) specified below using the payment method details provided by you. You will have the option to select your payment method when you create your Account and 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 the late payment fee(s) specified below and any fees and charges imposed by your nominated card issuer. Where we are unable to process a payment because of an error or failure in our systems, you will not be liable for the late payment fee(s) specified below. You acknowledge that:
- We may, in our absolute discretion, engage a third party payment processing service to process the payments;
- Your financial institution may, in its absolute discretion, at any time by notice in writing to you, terminate the payment arrangement as to future payment;
- You authorise us to provide the payment provider with your personal information (including the account details you have provided us, or any payment authority you complete and sign) for the purposes of processing the payments;
- We will provide you with the payment provider’s service agreement, and by electing to pay by direct debit or credit card, you consent to that service agreement;
- We will notify you in writing if we engage a new payment provider, and we will provide you with the new provider’s service agreement at the time we notify you;
- You may cancel your arrangement with the new payment provider upon being notified of the change, but you must make alternative payment arrangements with us to effect payment, as agreed in writing by us; and
- If at any time you believe that a direct debit (or credit) against your nominated account (or credit card) is inappropriate or incorrect it is your responsibility to notify us as soon as possible.
If you fail to make any payment in relation to a Payment Plan, you must pay us a $5 late payment fee for each late payment. The late payment fee will be applied the day the payment failed. We will attempt to take any failed payments on the day that is 4 days after the date they were due if still unpaid. If you fail to make a payment for a third time, we may at our discretion terminate your Account. You consent to us notifying the third administrator, and this may affect your ability to enter into payment plans with other merchants. We will also ban you from using Payment Plans with us in the future. We will deduct any late payment fees payable from your nominated payment method. Where we terminate your Payment Plan, the full outstanding amount will immediately be due and payable. We do not charge you any interest, establishment fees, monthly account keeping fees or any other fees for entering into a Payment Plan. We may waive any late fee at our discretion.
3. Identity checks and payment assessments
4. Cancellations and refunds
You can ask us to terminate your Account at any time. You remain liable to make your payments and pay the late payment fees(s) above in respect of any Payment Plan you have entered into. If you terminate a Payment Plan and no refund is payable, the outstanding debt will be immediately due and payable. If we agree that your transaction is to be refunded or credited, 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 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 this agreement 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 you may have cannot be excluded under any law.
You agree to indemnify us in respect of any liability incurred by us for any loss, cost, damage, or expense, arising under any theory of liability (including but not limited to tort, statute, equity or contract), we suffer as a result of your negligent or wrongful acts or omissions, or your breach of these terms or any other terms and conditions you agree to prior to using our Payment Plan but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent or wrongful acts or omissions.
6. 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 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.
7. 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 (including your Account), use of the Payment Plan, or access to the Payment Plan.
This agreement will continue until terminated in accordance with this clause. You can terminate this agreement by paying all outstanding amounts due under all Payment Plans with us. You agree that we may, under certain circumstances and without prior notice, immediately terminate this agreement and the provision of our Payment Plans. Cause for such termination shall include, but not be limited to:
- We reasonably suspect or aware that you have breached or violated this agreement or other incorporated agreements or guidelines or we reasonably consider Account activity to be suspicious;
- Requests by law enforcement or other government agencies;
- Discontinuance or material modification to our Payment Plan (or any part thereof);
- Unexpected technical or security issues or problems; and
- Extended periods of inactivity.
Termination of your agreement includes:
- Terminating all current Payment Plans and requiring immediate payment of all outstanding amounts; and
- Barring further use of a Payment Plan.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your Account, any associated email address, or access to our Payment Plan.
9. Disclaimer of Warranties
You expressly understand and agree that:
- 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
- We make no warranty that:
- The Payment Plan will meet your requirements; • The Payment Plan will be uninterrupted, timely, secure, or error-free; and • Any errors in the Payment Plan will be corrected.
We may provide you with notices, including those regarding changes to this agreement, by email or postings on the Payment Plan dashboard.
We may transfer, or assign, our rights 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 or to anyone who is considering becoming the assignee. We have an arrangement in place whereby our third party administrator may acquire your debt. You cannot transfer, or assign your rights under this agreement without our written consent. We may engage a collections agency to recover any amounts you owe to us.
12. Changes to terms and conditions
We reserve the right to modify, update or otherwise alter the terms of this agreement. We will notify you of any changes to the terms, including any changes to fees and charges, by displaying the updated terms the first time you log into your Account after the change. Any changes will apply to your next Payment Plan, but will not apply to any Payment Plan that has been approved and which you are currently making payments for in accordance with a payment schedule. If you are unhappy with any of the changes, you may terminate your agreement with us immediately by closing your Account.
13. Intellectual property
You acknowledge and agree that this agreement contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this agreement, in whole or in part.
The parties must attempt in good faith to resolve any dispute between them in connection with this agreement by negotiation. If any dispute cannot be resolved by negotiation between the parties within 10 days or such further period as the parties agree is appropriate, then within the following 10 days, the parties must seek to agree on the procedural rules and a timetable for resolving the dispute through mediation by a mediator agreed upon by the parties, or if the parties cannot agree, a mediator appointed by the Australian Disputes Centre or anybody which replaces it. Each party will bear their own costs of mediation and pay one half of the mediator’s costs A party may not commence court proceedings or arbitration (other than an urgent interlocutory application) relating to any dispute arising from this agreement unless that party has complied with the preceding requirements. This clause shall survive the termination or expiry of this agreement.
15. General Information
Choice of law and Forum – This agreement and the relationship between you and us shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales. Waiver and severability of terms – Any failure of ours 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. Statute of limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this agreement are for convenience only and have no legal or contractual effect.
In this agreement, “Account” means the account you have opened with us to access and use the Payment Plan.