Version: July 2019
This Agreement is a contract between you (you or your) and LatitudePay Australia Pty Ltd (ABN 23 633 528 873) (LatitudePay). It sets out the terms and conditions of use of our Services and upon which you may pay for goods or services purchased from one of LatitudePay’s authorised Merchants through LatitudePay advancing a loan to you, which you repay in 10 or less equal instalments, without interest.
By registering to use the Service, you acknowledge and agree to be bound by the terms and conditions of this Agreement.
- These terms set out the basis on which you are able to access and use the Service. If there is any inconsistency between these terms and any other terms set out on the Website, these terms will prevail (except as expressly contemplated by these terms).
- In summary, the Service operates as follows:
- you will register with LatitudePay to use the Service;
- you will select a Merchant that is offering the option to pay for goods and services using the Service and in the event that the Merchant is required to confirm that you can use the Service to pay for goods and/or services from that Merchant, subject to the Merchant’s confirmation being provided;
- you will apply for a Loan to pay the Merchant; and
- if your Loan Application is approved by LatitudePay, then you and the Merchant will each receive a confirmation, following which your transaction with the Merchant will be completed and the Merchant will deliver or provide the relevant goods and/or services to you.
The above steps are carried out online on the Website (except for the transaction between you and the Merchant).
Registration as a Customer
- You must complete the Customer registration process found under the “Sign Up” link on the Website.You may be directed to the Website following receipt of a request to register with LatitudePay from a Merchant as part of an in-store or online purchase process.
- LatitudePay reserves the right not to register any person as a Customer if that person has not completed the registration process to LatitudePay’s satisfaction or does not meet LatitudePay’s eligibility criteria set out in clause 9.
- You may be required to renew your registration with LatitudePay if you have not used the Service for 6 months, or otherwise not less than once per year.
- Once you are registered as a Customer on the Website and your LatitudePay Account is created, you will be prompted to choose and enter a secure password. You will then be able to use the Service and apply for a Loan.
- LatitudePay’s eligibility criteria for registering as a Customer are:
- You must be a natural person (that is, not a company, partnership, incorporated society, trust, or other legal entity);
- you must be an Australian citizen, Australian permanent resident or a temporary resident holding a visa that is valid for at least the next 12 months, which LatitudePay will verify through you having an Australian residential address and, upon request by LatitudePay, you will provide a copy of your driver’s license or passport for the purpose of verifying your identity;
- you must have a bank debit card or credit card (Visa or MasterCard) to use the Service;
- you must be 18 years of age or older when you register; and
- you must have an acceptable credit record, as determined by LatitudePay at its discretion. You agree to provide any necessary information required by LatitudePay to assist with LatitudePay’s determination of your credit record.
- LatitudePay will complete a credit check in relation to you before approving your registration as a Customer.
- LatitudePay may terminate or suspend your registration as a Customer at any time by notice to you if LatitudePay reasonably believes that you are not complying with these terms or are otherwise not using the Service for its intended purpose.
- You may terminate your registration as a Customer at any time after you have repaid all money owing under this Agreement and any Loan Contract and once repaid, you may close your LatitudePay Account by notifying LatitudePay through the Website or by email at email@example.com.
- If your registration is terminated or suspended, these terms will continue to apply in respect of any outstanding Loan Amounts and any Late Fees at the time the termination or suspension takes effect.
- Subject to clause 13, these terms will apply to you for so long as you are registered as a Customer.
- You are responsible for maintaining the security of your LatitudePay Account and password details. We will not take responsibility for unauthorized access and use of your LatitudePay Account unless such unauthorized access or use was caused by our failure to take reasonable steps to prevent such access and use.
- You acknowledge and agree that all use of your LatitudePay Account (whether with your authorization or not) will:
- be deemed use by you for the purposes of this Agreement and any Loan Contract entered into hereunder; and
- will not affect your obligations under the Agreement except to the extent that any use of your LatitudePay Account by an unauthorized third party is due to our negligence, willful misconduct or breach of this Agreement.
- You can only use the Service with the Merchants that are listed on the Website. LatitudePay may from time to time introduce new Merchants who will be added to the Website.
- Your Loan Application must be approved before you can use the Service with a Merchant. You may apply at any time for a specific Loan after you have completed the registration process. However, LatitudePay does not guarantee a successful approval of any Loan Application and the LatitudePay Service will not be available to you and you will not be approved for further Loans, if you have not made a payment due under a Loan Contract on or before the due date.
- Each Merchant has the discretion to decide whether to enter into a transaction with you using the Service, including transactions relating to the part-payment of any goods or services provided by the Merchant.
- LatitudePay provides the Service and has not manufactured or supplied any goods or services supplied by a Merchant. LatitudePay does not make any representation or warranty about a Merchant’s goods or services or their availability at any time and you acknowledge that you have not relied on LatitudePay’s skill, opinions or judgement in any way in relation to any goods or services acquired from a Merchant. You should read the Merchant’s terms and conditions regarding its sale of goods and provision of services and you should enquire into the Merchant’s compliance with Competition and Consumer Protection Act and any other applicable law.
- The aggregate amount outstanding under all Loans (including any applicable fees or charges) must not exceed any limit notified to you by LatitudePay (which may be varied by LatitudePay at its discretion from time to time).
- If you want to apply for a Loan using the Service, the Merchant will provide you with details of your proposed transaction (including the Loan) via the Website (by providing these details, the Merchant is making an irrevocable offer to you to enter into the relevant transaction on the basis of the payment details provided, subject only to the Loan Application being approved by LatitudePay). You will need to provide details to LatitudePay to complete the transaction. There is no fee payable by you when submitting a Loan Application.
- As part of the Loan Application, you must provide LatitudePay with details of your debit or credit card with a registered bank in Australia, from which payments are to be made by you in respect of your Loan. By providing those details, you agree to LatitudePay (or LatitudePay’s agent) establishing a payment arrangement against that debit or credit card on the terms of the Direct Debit Request and Direct Debit Service Agreement attached to these terms for the amounts payable by you under these terms and any Loan Contract.
- Once your Loan Application has been approved, you will be able to accept the Merchant’s offer and, on acceptance, you and the Merchant will simultaneously receive notification that the transaction has been completed and a Loan Contract will be in effect between you and LatitudePay under which LatitudePay will agree to advance the Loan Amount to you and you will repay the Loan on the terms of the Loan Contract.
- You agree and acknowledge that if you receive notification from LatitudePay that a transaction has been completed, you are bound to complete the purchase of the relevant goods and/or services and you give us irrevocable and unconditional consent and direction to pay the Merchant on your behalf. You agree and acknowledge that any dispute, breach, defect or other issue in respect of a transaction with the Merchant does not affect your obligations under this Agreement or the relevant Loan Contract.
- Your Loan will be deemed to be advanced to you (by way of settlement of the sale and purchase of the goods and/or services with the relevant Merchant) immediately after LatitudePay has provided you and the relevant Merchant with a notification confirming that the transaction has been completed. Your Loan will be on the terms of the Payment Plan Agreement and the Loan Contract offered to you by LatitudePay at the time the transaction is completed and will require you to make any scheduled repayments to us by instalments at the scheduled times in accordance with the Payment Plan Agreement. We will inform you of any fees and charges when we offer you the Payment Plan Agreement.
- At the time the transaction is completed, LatitudePay will collect the first instalment that makes up 1/10th (or another factor determined by LatitudePay and notified to you from time to time) of the Loan Amount from you.
- LatitudePay will be responsible for paying the Merchant for the goods or services you have agreed to buy from that Merchant.
Fees and Charges payable by You
- If a Loan is advanced to you and you are unable to pay any instalment payment, you must pay a Late Fee (currently $10 including GST) in relation to each such payment missed, which will be charged to your LatitudePay Account as soon as each payment’s deadline passes. Please get in touch with LatitudePay in advance if you think this might happen.
- LatitudePay may from time to time introduce new types of fees or charges or vary the fees and charges to be charged under or in connection with the Service or Loan Contracts with effect from the time specified on the Website under the https://www.latitudepay.com/customer-terms-conditions/ section. However, any change to the fees or charges will apply in respect of a Loan only if you lodged the Loan Application on the Website after the change to the fees or charges came into effect.
- You must pay the Instalment Amounts and all other amounts required to be paid by you under a Loan Contract to LatitudePay on or before the applicable due date(s). You acknowledge that all such payments will be effected through the payment arrangements referred to in clauses 23, 27 and 31.
- The Loan must be repaid in 10 or less instalments in total, calculated by dividing the total purchase price of the good(s) and/or service(s) purchased (including GST and any related charges imposed by the Merchant) by 10 (or less).
Despite clauses 27, 31 and 32, you can prepay the Loan or any portion of it early, in accordance with the terms of the Loan Contract.
- LatitudePay will automatically deduct payments due on the scheduled dates in accordance with your Loan Contract and the Direct Debit Service Agreement. Subject to the terms of the Agreement, you hereby expressly consent to, authorize and instruct LatitudePay to deduct the payment amounts from the credit or debit card nominated by you in your Account details. You may update or change your preferred debit or credit card details in your LatitudePay Account at any time. You must ensure that you have sufficient funds available on the debit or credit card nominated by you in order to make the payments due on the due date for payment specified in your Loan Contract.
- You are liable for any fees or charges imposed by your debit or credit card provider except to the extent that they are imposed as a result of our error or system failure. If the automatic payment process fails (for example because your credit or debit card has expired) a Late Fee may be applied unless you otherwise make the payment on or before the relevant due date. You authorise us to debit your credit or debit card at a later time or date to satisfy any liability you owe to us.
- By holding an Account with LatitudePay, you agree that you must:
- Pay any applicable fees associated with your LatitudePay Service;
- Not provide us with information which is false or misleading or inaccurate;
- Provide and update contact details through your LatitudePay Account on the Website;
- Not use the LatitudePay Service or your aAccount for any unlawful, fraudulent or improper activity;
- Cooperate with us fully to investigate any suspected unlawful fraudulent or improper activity on your LatitudePay Account;
- Not permit anyone else to use your LatitudePay Account or disclose your aAccount password details to any one else;
- Contact us immediately if you believe that your LatitudePay Account is subject to any unauthorised transaction, Account takeover, fraudulent activity or security breach; and
- Not open or use more than one LatitudePay Account.
- LatitudePay will provide (by itself or through a third party) collection and enforcement services (collectively, Collection Services) in respect of your Loans. The Collection Services include:
- monitoring all payment obligations under each Loan Contract;
- taking appropriate steps to contact you for payment arrears and to remedy a payment default.
You agree to pay any and all costs incurred as a result of Collection Services.
- LatitudePay (or its agent) will be entitled to process additional direct debit payments to cover any collection fees payable by you.
- LatitudePay may at any time without notice to you, set-off against any money owing by us, any debt or liability you may have to us in respect of any Loan Contract associated with this Account.
- LatitudePay holds the right to report Credit Reporting Information (as defined under the Privacy Act such as Repayment History Information or Default Information) to a Credit Reporting Body as a consolidated entry for all Loans issued under this Agreement.
Returns and Refunds
- Returns and refunds are subject to each Merchant’s policy. LatitudePay will only provide a refund if the relevant Merchant approves the return of the relevant goods or services you paid for using LatitudePay.
- You are responsible for contacting the relevant Merchant to request a refund or to return a purchased product.
- If purchased goods have been returned to a Merchant in line with their policy and accepted by the Merchant they will notify LatitudePay and:
- The relevant Loan (or part thereof) and if all purchased goods are returned, the Loan Contract will be cancelled (along with any direct debit authority you have provided in relation to that Loan); and
- LatitudePay will process a refund of all Loan Repayments you have made under the relevant Loan where a full refund is processed and the Loan Contract is cancelled.
- In the event of a return of purchased goods accepted by a Merchant which results in a partial refund, LatitudePay will process a refund calculated on how many instalments you have paid and the remaining balance of the Loan.
- LatitudePay will email the Customer with details of the refund. You acknowledge that you are giving us the ability to pay any refunds due to you to the credit or debit card nominated in your Account details.
- You warrant to LatitudePay that:
- all information you provide to LatitudePay is true, accurate, and complete, and there is no information which has not been provided which would impact on LatitudePay’s decision to register you as a Customer or to make a Loan available;
- you will provide LatitudePay with updated information in respect of any Loan or personal information if any of your circumstances have changed from the time you submitted your Customer Application;
- you will use an alternative bank debit or credit card if your card that is registered on your Account expires before your last Loan Repayment instalment; and
- if your residential address, email address, or telephone number changes, you will immediately provide LatitudePay with notice of the change and update the dashboard with your revised information.
Right to Profit
- You acknowledge and agree that LatitudePay and its Related Companies may be paid a commission or other financial benefit by the Merchant and/or by the person providing funding for the Loan in connection with any Loan or the Service.
- You acknowledge and agree, in respect of LatitudePay, and its respective employees, directors, officers, agents and contractors (together, relevant persons), that none of the relevant persons will be liable in respect of:
- any failure to provide the Service; or
- any failure to comply with this Agreement, if the failure or non-compliance is caused by events beyond its reasonable control; or
- any failure by you to be offered a Loan at any time.
- To the maximum extent permitted by law, LatitudePay will not be liable for any loss or damage which you incur as a result of the LatitudePay Service and or the Website being unavailable.
- You acknowledge that you do not rely on LatitudePay’s skill or judgement as to the suitability or otherwise of the Service for your specific needs.
- LatitudePay will not be responsible or liable to you for any indirect, or consequential injury, loss or damage to you or your property whatsoever or howsoever arising.
Nothing in clause 46 to 49 inclusive or these terms limits any rights you may have under the Competition and Consumer Act 2010 or any other applicable legislation.
- Notwithstanding any other provision of the Agreement, you must make all payments in accordance with your Payment Plan Agreement and pay all amounts under the Agreement without any set off, withholding or reduction for any reason whatsoever.
- You have agreed to receive all communications from us in electronic form. Communications (including any amendments to the Agreement) will also be provided to you in any of the following ways by notice (i) posted on our website (where permitted under the Agreement) or (ii) being sent to your email address.
- You must provide notices to LatitudePay by email to the email address below. If you have any questions about the Service or these terms, please contact LatitudePay as follows: Email: help@LatitudePay.com
- LatitudePay will not resolve any dispute you may have with a Merchant regarding any goods or services you have purchased using the Service. Please contact the relevant Merchant directly. The outcome of any dispute with a Merchant does not affect LatitudePay’s rights and remedies under this Agreement or the Loan Contract except as expressly provided in clause 39-43.
- If you have a dispute with us, LatitudePay suggests you contact LatitudePay first and it will do all it can to resolve the dispute as soon as possible:
Phone: 1300 557787 Email: help@LatitudePay.com
- If LatitudePay cannot assist you with resolving the dispute, LatitudePay is member of Australian Financial Complaints Authority dispute resolution scheme. You may refer any dispute relating to the provision of the Service to that dispute resolution service, details of which are as follows:Phone: 1800 931 678 Email: firstname.lastname@example.org Post: Australian Financial Complaints Authority, GPO Box 3, Melbourne Vic 3001 Website www.afca.org.au
Amendments to Agreement
- Subject to clause 30, LatitudePay may amend this Agreement and the way in which LatitudePay provides the Service, at any time by notice on the Website under the https://www.latitudepay.com/customer-terms-conditions/ section. You should check the https://www.latitudepay.com/customer-terms-conditions/ section of the Website regularly. Any such amendments will apply from the date stated on the Website.
- Please read the revised version of the Agreement carefully before you make a purchase using the LatitudePay Service. If you do not agree with the revised version of the Agreement, do not make any further purchases using the LatitudePay Service.
- The current terms of the Agreement will always be available to you to view on our website at https://www.latitudepay.com/customer-terms-conditions/.
- If you do not agree with any changes we make to this Agreement, you may terminate this Agreement by repaying all money owing under this Agreement and any Loan Contract and once repaid, closing your LatitudePay Account.
- We do not have to give you advance notice where an immediate change to the Agreement is required by law or is necessary to restore or maintain the security of our systems or your LatitudePay Account.
- You may not transfer or assign any of your rights or obligations under these terms without LatitudePay’s prior consent.
- LatitudePay may transfer or assign all and any of its rights and obligations under your Loan Contract or this Agreement to any person, without requiring your consent.
Anti-Money Laundering Obligations
- LatitudePay has initial and ongoing customer due diligence and other obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (or equivalent legislation in other countries) and related regulatory directives or guidelines. You agree promptly on request by LatitudePay to provide it with any information and documents that are reasonably required to enable LatitudePay to comply with those obligations.
- This Agreement is governed by the law in force in Victoria.. The parties submit to the non-exclusive jurisdiction of the courts of Victoria in respect of all matters arising under or in connection with this Agreement.
- In these terms:
Customer means a natural person who has registered as a Customer with LatitudePay;
Customer Application means the application to become a Customer, set out on the Website;
Collection Services has the meaning given to that term in clause 36;
Credit Checks means the credit checks carried out by LatitudePay on a Customer, either itself or through a third party credit reporting agency;
Installment Amount means each instalment of the Loan Amount, which will be payable by the Customer to LatitudePay, on a regular basis until the Loan is fully repaid;
Late Fee has the meaning set out in the Loan Contract.
LatitudePay Account means an account that LatitudePay creates to enable you to (a) use the LatitudePay Service; (b) enable you to access information relating to this Agreement and each Payment Plan; and (c) to issue notices to you under this Agreement and any Loan Contract;
Loan means the Loan Amount lent by LatitudePay to a Customer using the Service;
Loan Amount means the amount advanced by LatitudePay to you under a Loan;
Loan Application means the application for a Loan, which is set out on the Website;
Loan Contract in relation to a Loan means the contract under which that Loan is made comprising the Payment Plan Agreement, the schedule of Loan Terms and Conditions and this Agreement;
Merchant means the supplier of goods and/or services which has registered with LatitudePay with which the Customer intends to use the Service;
Service means the service relating to the management of the Customers’ payment for goods and services to Merchants which LatitudePay provides through the Website; and
Website means the website at www.LatitudePay.com, or such other website as LatitudePay may from time to time operate to provide the Service.
- In these terms:
- headings are inserted for ease of reference only, and do not affect the interpretation of these terms;
- references to you or your means the Customer;
- references to the singular include the plural and vice versa;
- references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
- reference to any party includes its permitted assignee or transferee;
- any reference to LatitudePay includes any entity appointed to replace it;
- reference to the “liability” of a person include references to its liability under any cause of action, whether in contract, tort, or equity or under any enactment;
- references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
- a reference to any legislation is a reference to that legislation as amended or replaced from time to time, and includes any regulations or legislative instrument made under it.
Direct Debit is an automated process that makes your LatitudePay repayments from the credit or debit card of your choice.
DIRECT DEBIT REQUEST
Request and Authority to debit your credit or debit card to pay LatitudePay Australia Pty Ltd (ACN 633 528 873) (“LatitudePay”)
Request and Authority to Debit:
“You request and authorise LATITUDEPAY to arrange, through its own financial institution, for any amount LATITUDEPAY may debit or charge your nominated credit or debit card.
This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your nominated debit or credit card and will be subject to the terms and conditions of the Direct Debit Request Service Agreement.”
By authorising this Direct Debit Request you acknowledge having read and understood the terms and conditions governing the debit arrangements between you and LatitudePay as set out in this Request and in your Direct Debit Request Service Agreement.
This authorisation is for all payments required to be made under the LatitudePay Customer Terms and Conditions and any Loan Contracts entered into by you.
You authorise and agree to the terms of this Direct Debit Request and the Direct Debit Service Agreement.
DIRECT DEBIT SERVICE AGREEMENT
This is your Direct Debit Service Agreement with LatitudePay. It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
Account means the debit or credit card account held at your financial institution from which we are authorised to arrange for funds to be debited.
banking day means a day other than a Saturday or a Sunday or a public holiday.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means the Direct Debit Request between us and you.
us or we means LatitudePay (the Debit User) you have authorised by requesting a Direct Debit Request.
you means the Customer who has signed or authorised by other means the Direct Debit Request.
your financial institution means the financial institution nominated by you on the DDR at which the Account is maintained.
2. Debiting your Account
a) By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your nominated debit or credit card. You should refer to the Direct Debit Request and this Direct Debit Request Service Agreement for the terms of the arrangement between us and you.
b) Signing electronically: You consent and agree to signing a Direct Debit Request or providing us with a valid instruction electronically.
c) We will only arrange for funds to be debited from your nominated debit or credit card as authorised in the Direct Debit Request or on alternate terms proposed by You and accepted by Us.
d) If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your nominated debit or credit card on the following banking day. If you are unsure about which day your nominated debit or credit card has or will be debited you should ask your financial institution.
3. Amendments by us
We may vary any details of this Direct Debit Request Service Agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
4. Amendments by you
a) You may change*, stop or defer a debit payment, by providing us with at least 7 days notification via email to email@example.com
b) Or by telephoning us on 1300 557787 during business hours, or through the Customer Centre at www.LatitudePay.com; or arranging it through your own financial institution, which is required to act promptly on your instructions.
5. Your obligations
a) It is your responsibility to ensure that there are sufficient clear funds available on your nominated debit or credit card to allow a debit payment to be made in accordance with the Direct Debit Request.
b) If there are insufficient clear funds to meet a debit payment:
(i) you may be charged a fee and/or interest by your financial institution;
(ii) you may also incur fees or charges imposed or incurred by us; and
(iii) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be available on your nominated debit or credit card by an agreed time so that we can process the debit payment.
c) You should check your Account statement to verify that the amounts debited from your Account are correct.
a) If you believe that there has been an error in debiting your Account, you should notify us directly on firstname.lastname@example.org and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
b) If we conclude as a result of our investigations that your Account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your Account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your Account has been adjusted.
c) If we conclude as a result of our investigations that your Account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
You should check:
(i) your debit or credit card details which you have provided to us are correct by checking them; and
(ii) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
a) We will keep any information (including your nominated credit or debit card details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
b) We will only disclose information that we have about you:
(i) to the extent specifically required by law; or
(ii)for the purposes of this Agreement (including disclosing information in connection with any query or claim).
c) For security and compliance reasons debit card details are not stored by us. We store the information as a secure token only, which represents your card number, and this secure token is used when processing your payments.
a) If you wish to notify us in writing about anything relating to this Direct Debit Service Agreement, you should email to: email@example.com
b) We will notify you by sending a notice via email as per the electronic consents you have provided, or, in the ordinary post to the address you have given us in the Direct Debit Request.
c) Any notice will be deemed to have been received on the third banking day after posting