Terms and conditions

How it Works

PlanPay allows you to pay for a purchase in a series of regular weekly, fortnightly or monthly payments prior to receipt of a purchase. We will remit all instalment payments you make to the Merchant when they become due and payable.

Your first instalment payment is due to us at the time you make your purchase.

When making instalment payments, we will impose a minimum instalment payment amount.

You must be over 18 years old and be the authorised holder of an Eligible Card.

All Payment Plans are subject to PlanPay’s approval and in some circumstances, we may not be able to support your Order.

PlanPay will automatically try processing payments on the dates set out in your Payment Plan from your Nominated Payment Source.

The delivery, supply and quality of goods and services and all refunds are the responsibility of the Merchant where you make the purchase, and you agree not to hold us liable in the event a claim is made against the Merchant.

Unauthorised Transactions

We can place a hold on your Account to prevent it from being used and assist you in resetting your login details. Please contact us immediately at service@planpay.com if:

• you believe there has been an unauthorised transaction on your Account;

• if the device from which you access your Account is lost or stolen, and you are unable to login to your Account to change your password;

• you are otherwise locked out of your Account in suspicious circumstances

Changes to the Service

We may change the Term and Conditions of our service at any time without your consent. Any changes will only apply to transactions initiated after the date of the change. We will notify you of changes by displaying details of the change within your Account the first time you login after we make the change. If you are unhappy with the changes, you may elect to terminate your arrangement with us by closing your Account.

Complaints Handling

Should you have any complaints about our services please prepare your complaint in writing and email it to service@planpay.com.

We will provide written acknowledgement of your complaint within 7 days of receipt. We will generally investigate and advise you of the steps we have taken to resolve your complaint within 30 days of receipt of your complaint.

If you are not satisfied with our handling of your complaint, you may take your complaint to the Australian Financial Complaints Authority (AFCA). Details of how to contact AFCA can be found at www.afca.org.au.

Please read this Agreement carefully before you access or use the Platform and keep a copy for future reference.

1. General
   
   This Agreement is a contract between you (‘you’ or ‘your’) and PlanPay Pty Limited, ACN 604 105 740 (‘PlanPay,’ ‘we,’ ‘us,’ ‘our’).
   
   By using the Platform, you agree to the Terms and Conditions set out herein. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform.
   
   The Platform allows you to:

   1. set a Payment Method;

   2. pay and manage your Plan; and

   3. manage your Account and profile.
      
      

2. Use of PlanPay’s Platform
   
   To make a booking through PlanPay, you must create an Account to use the Platform. You agree to provide accurate and complete information when creating an Account and agree to keep this information current.
   
   By creating an Account, you warrant you:

   1. are an individual over eighteen (18) years of age;

   2. have the legal right and ability to enter into a legally binding agreement with us;

   3. are not suffering an Insolvency Event;

   4. agree to the Terms and Conditions set out in this Agreement;

   5. agree to our Privacy Policy.

You must keep your Account secure and must not permit any other person to use your Account. You are responsible for all activities under your Account. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs, or expenses arising out of, or in any way connected to, the use or unauthorised access of your Account by you or any other person (even where you may not be aware of such unauthorised access).

3. Your obligations
   
   You may only use the Platform and the Products in accordance with these Terms and Conditions.
   
   You must not access or use the Platform:

   1. in any way which breaches any laws or regulations;

   2. in any way which interferes with other users or defames, threatens, harasses, or menaces any person;

   3. for any purpose other than to use or receive the Products, including any data mining, automated querying, or similar data extraction processing.
      
      

4. Intellectual property
   
   You acknowledge and agree the Platform contains proprietary and confidential information that is protected by law.
   
   All the intellectual property rights on the Platform and the content of the Website are owned by us and/or our licensors. We grant you a personal, non-transferable and non-exclusive right and licence to use the Platform in accordance with this Agreement and any use of the Platform not specifically permitted under this Agreement.
   
   You must not:

   1. disassemble, decompile, or reverse engineer the whole or any part of the Website or software in relation to the Services.

   2. modify, rent, lease, loan, copy, transmit, display, perform, publish, license, or create derivative works from any information or software accessed in relation to the Platform.

   3. reproduce or distribute any content on the Platform.
      
      
      

5. Our relationship

   1. About us

      1. Our Products allow you to buy goods or services offered by Merchants that are partnered with PlanPay.

      2. We do not provide you with any loan, forms of credit or deposit or prepaid payment services when using our Products, we act as a payment facility to allow for instalment payments.

      3. By making a purchase with a Merchant using our Products, you acknowledge and agree that:

         1. you enter into an arrangement with us to enter into a Plan for the purchase of the goods or services from the Merchant;

         2. you are obliged to pay to us, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Merchant) on the dates outlined in your Plan;

         3. you will not be entitled to the goods or services purchased from the Merchant until such time as the Plan has been completed;

         4. you provide us with unconditional and irrevocable consent and direction to pay (or procure an Affiliate to pay) the Merchant on your behalf.

      4. You acknowledge we do not have any control over, and we are not responsible or liable for and you hold us harmless, for the goods or services purchased from Merchants paid for with our Products. We cannot ensure a Merchant you are dealing with will complete the transaction and do not guarantee the identity of any Merchant.

   2. Your Consumer Rights
      As a consumer, you have certain rights under the Competition and Consumer Act 2010 (Cth) (Consumer Rights). These Consumer Rights include statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses.
      
      Nothing in this Agreement is intended to exclude, restrict, or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner that would be considered unfair under the relevant consumer protection laws.

6. Your PlanPay Account

   1. Your eligibility

      1. To be eligible for an Account to use our Platform and access our Products you must:

         1. be an individual who is at least 18 years old;

         2. have a valid and verifiable email address and mobile telephone number;

         3. provide a valid and verifiable residential address;

         4. have access to a Payment Method; and

         5. in connection with your use of your Account and our Products, use your real name and true and correct personal details and do not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable, or unverifiable Account.

      2. PlanPay may request any documentation reasonably required to verify your identity and eligibility for use of the Platform and access to our Products.

      3. A failure to supply any requested verification documents may mean your Account is suspended or terminated and you are not eligible to access our Product.

      4. By entering into this agreement, you represent and warrant you are eligible to use our Products.

      5. PlanPay may at its absolute discretion refuse to offer you an Account or access to its Products.

   2. Creating your Account

      1. An Account is created either:

         1. when you make your first Booking with any of our Merchants; or

         2. by signing up directly on the Platform.

      2. When your Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Account, using your secure password.

      3. You are responsible for maintaining the security of your Account details. We will not take responsibility for unauthorised access (even where you are not aware of the access) and use of your Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

      4. If you consider a transaction made using your Account was not made or otherwise authorised by you, you should contact PlanPay and we will investigate this as an unauthorised transaction. In the absence of such a request from you, you acknowledge and agree we will treat any such Booking on your Account as a valid transaction for the purposes of this Agreement. If you notify us of an unauthorised transaction, we will immediately suspend that Booking. You may be liable for any fees charged by us or the in the event of unauthorised access to your account.

   3. Your obligations to us as a holder of an Account
      By holding an Account with us, you agree you must

      1. not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable, or unverifiable Account);

      2. ensure any information about you, including your contact details, is true, current, and complete. If your information changes, you must update it through your Account;

      3. provide us in a timely manner with all documentation relating to your identity, if requested by us;

      4. not use your Account or our Products for any unlawful, fraudulent, or improper activity;

      5. cooperate fully with us to investigate any suspected unlawful, fraudulent, or improper activity on your Account;

      6. pay any taxes that may apply to purchase the goods or services where applicable (e.g., GST);

      7. not permit others to use your Account or allow anyone else to have or use your account password details.

      8. not use any technology (device, software, or hardware) to damage, intercept or interfere with our Products or Platform.

      9. immediately contact us if you believe your Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.

      10. authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa, and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

      11. not open or use more than one Account.

   4. Closing your Account
      When you can close your Account

      1. You may request to close your Account by contacting us directly. We are only able to close your Account if all amounts owing to us by you have been paid in full to us
         
         Or ;
         
         where your Booking has been cancelled with the Merchant and no outstanding amounts remain. You may not close your Account where you have any outstanding Bookings or amounts owing.
         When we can close or suspend your account

      2. We may immediately limit your access to our Services and the Platform and/or restrict, suspend or close your Account, without prior notice to you, where we reasonably believe that:

         1. you are attempting to gain or attempt to gain unauthorised access to the Platform, your Account or another person’s Account;

         2. there is a technical or operational difficulty;

         3. you have failed to pay, or have fraudulently paid, for any goods or services purchased from a Merchant;

         4. we are unable to support your use of our Products or the Platform;

         5. it is necessary to protect us against legal, regulatory or non-payment risk;

         6. it is necessary to do so in order to protect the integrity of our systems or Products, prevent fraud or limit the risk of money laundering or terrorism financing;

         7. we are required to or instructed by a regulator, enforcement officer or court of law; or

         8. you have breached this Agreement.

      3. Consequences of closure This Agreement will continue to apply to any Bookings accepted prior to closure (where it is immediate under clause 6.c above until all amounts owing are received in full and until all disputes and refunds are resolved/processed.

7. Bookings, payments, and billing

   1. Booking Confirmation and Plans

      1. All Bookings which you place with PlanPay are subject to approval by PlanPay, at our absolute discretion.

      2. We will provide you with written confirmation by email once your Booking has been approved. This written confirmation will detail your Plan.

      3. You may access information about your Bookings through your Account including viewing the amount outstanding, the due dates for payments and a record of your past payments.

      4. We may choose not to approve a Booking or may cancel an approved Booking before the goods or services are delivered or supplied, if:

         1. we reasonably consider this necessary in order to:

         2. protect the integrity of our systems or the Products;

         3. prevent fraud;

         4. limit the risk of money laundering or terrorism financing; or

         5. otherwise protect us against legal, regulatory or non-payment risk.

      5. we are unable to support your use of our Services;

      6. we reasonably suspect, or are aware, you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date).

      7. we otherwise reasonably consider the Booking to be suspicious.

   2. Cancellation of Booking

      1. If a Plan is cancelled, either by us or because you or a Merchant has cancelled your goods or services:

         1. we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or if that is not possible to any other Eligible Card you have provided us details of and will cancel any future payments related to that Plan. In the event the Plan is cancelled because a chargeback has been incurred by PlanPay that payment(s) will not be refunded by PlanPay. Any return of funds in the event of a chargeback will be between you and your issuing bank and we will not be held liable in such circumstances. The Merchant will not be obliged to deliver or supply the goods or provide the services, unless required to do so by law.

         2. you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Plan; and

         3. if you wish to proceed with the Booking from the Merchant, the Merchant may accept an alternative payment method at its discretion, or if required to do so by law.

      2. You agree to ensure payment(s) are made in accordance with the Plan. You may make early payments through your Account, otherwise, PlanPay will automatically process payments in accordance with the due dates indicated on the Plan. You authorise PlanPay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Plan, PlanPay reserves the right to re-attempt to process the payment at a later time or date. A repeated failure to make payments required under the Plan may result in the suspension of your Account or the cancellation of your Plan.

   3. Booking changes

      1. Where you wish to make a change to any goods or services booked this must be done directly with the Merchant who will then inform us of any changes to the Plan. You are not required to notify the Merchant if you are making additional payments towards your Plan.

      2. Merchants who you purchase from may impose fees or charges on any changes made to your Booking. You should consider the Merchant’s terms and conditions to understand whether any fees or charges will be imposed when making a change to your Booking.

   4. 7.4. Automatic Payments

      1. An ‘Automatic Payment’ is a payment, using your Nominated Payment Source on a one-time or regular basis in agreed upon amounts as outlined in your Plan. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Account.

      2. The value of an Automatic Payment must always be greater than $10 and cannot exceed $1,000.

      3. Subject to the other terms of this Agreement, you consent to, authorise, and instruct PlanPay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Plan. You acknowledge you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, per your Plan and the terms of this Agreement.

      4. You are responsible for ensuring you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Plan. You are liable for any fees or charges imposed by your Nominated Payment Source (e.g., interest charges on a nominated credit card), except to the extent such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

   5. Late Payments

      1. A consistent or continued failure to make your payments on the due dates could result in the cancellation of the Plan with the Merchant which could incur additional cost. Any potential costs will be shown to you at the time your Booking is made.

8. Refunds

   1. If you decide to cancel your Booking with a Merchant, and request a refund, and where a refund is accepted by the Merchant or permitted by law, you will directly arrange the cancellation with the Merchant, ensuring the cancellation is conducted according to the Merchant’s cancellation policy or other instructions or your rights at law. Please note, using PlanPay to pay for any eligible purchase will not affect any of your existing rights to a refund under applicable consumer law or otherwise.

   2. It is your responsibility to notify the Merchant if you intend to cancel a purchase. The cancellation must be completed within the period specified and, in the manner, required by the Merchant’s cancellation policy or as otherwise permitted by the Merchant or Third-Party.

   3. Unless we are notified by a Merchant that a cancellation and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Plan.

   4. Until such time the Merchant has confirmed the cancellation and has issued a transaction reversal for the purchase, you will still need to make the payments in accordance with your Plan.

   5. Once the Merchant has issued a refund to us for the purchase, we will issue a refund to your Nominated Payment Source and/or adjust your Plan appropriately (including to reduce or cancel any future payments, if necessary).

   6. Where your Plan has been finalised and a period of 120 days has lapsed since finalising your Plan, the Merchant or Third-Party Supplier will be solely responsible for processing all refunds.

9. Indemnity and limit on liability

   1. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless us (and our Affiliates from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:

      1. a. your conduct and use of our Platform and Products;

      2. your breach of this Agreement or our Privacy Policy;

      3. your breach of any law, regulation or rule;

      4. your violation or breach of our intellectual property or any other proprietary right under law;

      5. your failure to secure or keep secret your Account password;

      6. any information you provide to us via our Platform;

      7. any damage you may cause to our Platform or any other person or entity; or

      8. any right exercised by us under this Agreement.

   2. 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 Original Value of your Plan(s) at any given time, regardless of whether the liability arises under any breach of contract, tort (including negligence), statute, equity, contract or any other cause of action.

   3. Neither you, the Merchant nor us are liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, lost opportunity cost, loss of enjoyment

10. Privacy

    1. We will collect, store, use and disclose your personal information in accordance with our Privacy Policy, which can be found on the PlanPay website www.planpay.com

    2. You must read and agree to our Privacy Policy before you first access the Platform or make an Booking.

    3. We may change our Privacy Policy from time to time by publishing an updated version on the Platform when you next login to your Account. You will need to agree to the updated Privacy Policy before you can access your Account and make subsequent Bookings.

11. Complaints and disputes

    1. Disputes between you and a Merchant

       1. If you have a dispute with a Merchant or Third-Party Supplier (as applicable), you should file a dispute through direct contact with the Merchant or Third-Party Supplier.

       2. PlanPay will endeavour to facilitate communication between you and the Merchant or Third-Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Merchants or Third-Party Suppliers will not affect PlanPay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 8.

    2. Disputes between you and PlanPay

       1. Should you have any complaints about our services please prepare your complaint in writing and email it to service@PlanPay.com.

       2. In resolving your complaint we:

          1. will provide written acknowledgement of your complaint within 7 days of receipt; and

          2. will provide a response to the complaint within 30 days from the date of the complaint, this written response will include:

          3. the outcome of our investigation;

          4. your right to take your complaint to the Australian Financial Complaints Authority (AFCA) along with their contact details.

       3. If your complaint is resolved within 5 business days, we will not provide a written response to your complaint.

       4. You may contact AFCA directly if you are not satisfied with our internal dispute resolution process by visiting www.afca.org.au for more information.

12. Notices and Communications
    How we will communicate with you

    1. This Agreement and any other agreements, notices, or other communications regarding your Account and/or your use of our Products may be provided to you electronically. You agree to receive all communications from us in electronic form.

    2. You consent to us using the contact details (in accordance with our Privacy Policy) you have provided to us in setting up your Account to:

       1. contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us you do not wish to receive such communication); and/or

       2. contact you in relation to your Account, our Products and/or any Bookings you have made.

    3. You acknowledge that we (or any Third-Party Supplier providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for PlanPay’s own protection. PlanPay does not provide any guarantee any such monitoring or recording will be retained or retrievable

13. Definitions
    Where appearing in this agreement, the following words have the meaning set out below.
    
    Account means an account PlanPay creates to uniquely identify you and to enable you to use our Products and Platform.
    
    Affiliate means a related body corporate or related entity of PlanPay, including one in another jurisdiction.
    
    Agreement means this agreement and any Plan, together with any policies and documents incorporated by reference.
    
    Automatic Payment is a payment, using your Nominated Payment Source on a one-time or regular basis in agreed-upon amounts as outlined in your Plan. .
    
    Card means any payment card issued as a part of a card-based payment processing scheme. E.g. MasterCard & Visa.
    
    Eligible Card means a card that is supported by PlanPay, currently, these are Visa or Mastercard-issued credit or debit cards excluding Gift Cards and other pre-paid cards.
    
    Insolvency Event means:

    1. any step being taken by a mortgagee to take possession, or dispose, of the whole or any part of your assets;

    2. any step being taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, or other like person in respect of the whole or any part of your assets;

    3. any step being taken which could result in you being subject to any arrangement, assignment or composition, protected from creditors under any statute;

    4. being otherwise unable to pay your debts as they fall due; or

    5. having something with the same or a similar effect happen under the laws of any jurisdiction.

Nominated Payment Source means the Payment Method you have chosen, that we automatically charge directly to your nominated Eligible Card.

Booking(s) are created between a customer and Merchant, and represents an agreement to redeem goods or services on a specific date, supplied by a Merchant that may be facilitated by PlanPay as the payment method.

Original Value means the total cost of your Plan displayed to you by PlanPay in the PlanPay payment window (before any refunds may be applied).

Platform means the Website or other interface made available by us to access the Products or your Account.

Payment Method means any payment method accepted by PlanPay.

Plan means, in relation to a Booking, a list of payment amounts PlanPay is entitled to receive from you, and the relevant due dates of each payment. The applicable time zone for all due dates provided as part of a Plan shall be the applicable time zone in Sydney, Australia.

Privacy Policy means the Privacy Policy available on our Website.

Products mean the ability for you to use PlanPay to pay for goods or services offered by a Merchant in instalments prior to receiving the goods and services and associated services offered by PlanPay.

Merchant means an online merchant with which PlanPay or Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.

Website means www.planpay.com

You (or Your) means the person identified when a PlanPay Account is created. If:

1. such a person does not exist, or

2. the name or details are used by someone who is not in fact that person, or

3. is otherwise provided dishonestly or fraudulently, then you (or your) means the person who clicks to accept these Terms and Conditions.