Wizitpay Terms and Conditions

1. Introduction
   • 1.1. Wizitpay allows you to split the cost of Purchases at Approved Retailers over 4 convenient fortnightly instalments.
   • 1.2. You’ll pay no interest under your Wizitpay Account. Provided you pay on time, you won’t need to pay any late fees, so your fees will be capped at a low $5 per month, which only applies to months in which your Wizitpay Account is active as at the last day of the month (see clause 17.1 for more information).
   • 1.3. To make Purchases using your Wizitpay Account, you must make a minimum payment of 25% of the Purchase Price at the time of the Purchase (‘Initial Payment’).
   • 1.4. If the Purchase will cause you to exceed your available Shopping Limit, you may be given the option to pay an increased Initial Payment provided the value of the Purchase Price does not exceed the Maximum Value, to allow the Purchase to proceed. (See clause 11 for more information)
   • 1.5. To be eligible to apply for and use a Wizitpay Account, you must meet the Minimum Eligibility Criteria. (See Clause 4 for more information.)
   • 1.6. All Purchases using your Wizitpay Account are subject to approval by Wizit. If you are overdue in making any payment under your Payment Schedule or this Agreement, or are in default under this Agreement in any way, you may be unable to use your Wizitpay Account to make further Purchases. (See Clauses 4 to 8 for more information in relation to the process for opening a Wizitpay Account.)
   • 1.7. Our approval process for Purchases includes conducting a pre-authorisation on your Nominated Account in the amount of your Initial Payment. (See Clause 6 for more information in relation to Wizitpay’s pre-authorisation).
   • 1.8. Your Wizitpay Account allows early repayment at any time prior to the Due Date. Otherwise, payments will be debited from your Nominated Account in accordance with your Payment Schedule and this Agreement. (See Clause 10 for more information in relation to early repayment and how we apply those payments).
   • 1.9. If you fail to make payment on or before the Due Date, a Late Payment Fee will apply. A Late Payment Fee of $5 per month will be charged to your Wizitpay Account at the end of each month if an overdue balance exists at the end of that month. Late Payment Fees are capped at $5 per month, regardless of the number of missed payments in that month.
   • 1.10. The Approved Retailer from whom you purchased the goods or services is responsible for the delivery and quality of the goods or services. You should direct any warranty claim, refund request or complaint or enquiry relating to those goods or services to the Approved Retailer.
   • 1.11. These Terms and Conditions, and any other terms expressly incorporated into these Terms and Conditions, form the Agreement between you and Wizitpay. This Agreement contains important terms and conditions. Please read the Agreement carefully.
   • 1.12. By checking the consent box on the Wizitpay ‘Your details’ screen or by using your Wizitpay account to make a Purchase, you are entering a legal contract and agree to be bound by this Agreement.
2. Our Relationship
   • 2.1. Your Wizitpay Account allows you to make online Purchases for goods or services offered by Approved Retailers.
   • 2.2. By making a Purchase with an Approved Retailer using your Wizitpay Account, you unconditionally and irrevocably consent and direct us to pay the Approved Retailer the amount of the Purchase Price on your behalf. In exchange for our payment to the Approved Retailer, you agree to repay to us, as principal debtor, the Instalments and any Account Keeping Fee or Late Payment Fee payable by you under this Agreement, on the Due Date.
   • 2.3. You acknowledge and agree that Wizitpay is not responsible or liable for the goods or services purchased from Approved Retailers. We do not offer any endorsement in relation to Approved Retailers or their goods and services, nor do we warrant that any Approved Retailer will complete any Transaction as agreed or at all.
   • 2.4. You agree that, notwithstanding any delay or failure by an Approved Retailer to complete the Transaction, you remain bound by this Agreement and liable to pay the Instalments in accordance with your Payment Schedule and any Account Keeping Fee or Late Payment Fee payable by you under this Agreement.
   • 2.5. You acknowledge that by entering into this Agreement, Wizitpay is not entering into any partnership, joint venture, agency or employment relationship with you.
3. Terms Incorporated into this Agreement
   • 3.1. This Agreement is a contract between you and Credit Corp Financial Services (ACN 146 525 706) trading as Wizitpay (‘Wizitpay’).
   • 3.2. Your Agreement with Wizitpay is comprised of these Wizit Terms and Conditions, the Customer Privacy and Credit Reporting Policy, Privacy Disclosure Statement and Consent, Wizit and any Payment Schedule accepted by you in relation to any Purchase. (‘Agreement’). It is recommended that you print or save a copy of each of these documents for your records.
   • 3.3. The Agreement sets out the terms and conditions that apply to your use of your Wizitpay Account. By checking the consent box on the Wizitpay ‘Your details’ screen or by using your Wizitpay Account to make a Purchase, you are agreeing to be bound by this Agreement.
   • 3.4. If you do not agree with the terms of this Agreement and do not wish to be bound by the Agreement, you must not check the consent box on the Wizitpay ‘Your details’ screen and must not make any Purchase using your Wizitpay Account.
4. Minimum Eligibility Criteria
   • 4.1. To be eligible to apply for and use a Wizitpay Account, you must meet the following minimum eligibility criteria. You must:
     • 4.1.1. be legally resident in Australia with current rights to work in Australia;
     • 4.1.2. be aged 18 years or over and have the capacity to enter into a binding legal contract;
     • 4.1.3. have an Australian residential and Australian delivery address;
     • 4.1.4. hold a valid email address and Australian mobile telephone number; and
     • 4.1.5. hold a valid Australian Visa or Mastercard debit or credit card in your name from which we can direct debit payments for which you are liable under this Agreement.
5. Opening Your Wizitpay Account
   • 5.1 You may apply to open a Wizitpay Account:
     • 5.1.1. in the Wizit App; or
     • 5.1.2. during a Transaction with an Approved Retailer.
   • 5.2 You must not open more than one Wizitpay Account at any time.
   • 5.3 When creating your account, you will be required to select a password. You must keep the password and other user details secure at all times and must not disclose your password and other user details to anyone else. You agree not to use an obvious password (such as your date of birth).
   • 5.4 You must not permit any third party to use or access, or make any Purchase using, your Wizitpay Account.
   • 5.5 You agree to check your Wizitpay Account statement regularly, and in any event at least monthly. You must immediately advise Wizit, by calling us on 1300 730 552, if you believe that your Wizitpay Account has been accessed or used without your consent, or your password or user name has been lost, stolen, disclosed to a third party or otherwise compromised.
   • 5.6 We will never require you to provide your password by email or over the telephone and you agree that you will not provide your password in such a manner to any person.
   • 5.7 If you believe that your password may have been lost, stolen or compromised, you should reset it immediately using the password reset function.
   • 5.8 You agree that we are not responsible for any loss incurred as a result of:
     • 5.8.1. your failure to keep your password confidential; or
     • 5.8.2. your failure to take steps to prevent your password and other user details from being discovered; or
     • 5.8.3. any unreasonable delay by you in notifying us that your password has been lost, stolen, disclosed to a third party or otherwise compromised; or
     • 5.8.4. your Wizitpay Account having been used without your consent.
   • 5.9. You must not use the Wizit Website or your Wizitpay Account for any unlawful or improper purpose, or for any purpose other than the purpose of applying for a Wizitpay Account, making Purchases from Approved Retailers and managing and repaying your Wizitpay Account.
   • 5.10. You agree to provide us with information reasonably necessary to allow us to investigate any unlawful or improper use of your Wizitpay Account.
   • 5.11. You agree that we may disclose information, including your Personal Information to third parties (including credit card issuers) for the purpose of seeking to prevent fraud, money laundering, terrorism financing or other illicit behaviour, and in complying with our legal obligations in relation to those matters.
6. Pre-Authorisations of Your Nominated Account
   • 6.1. You agree that Wizitpay may conduct a pre-authorisation of your Nominated Account as part of its assessment and approval process for Purchases.
   • 6.2. This may include placing funds held in your Nominated Account on hold up to the value of the Initial Payment each time you make a Purchase.
   • 6.3. Upon making a Purchases, we will immediately instruct your bank to void the pre-authorised amount. Funds are not received by Wizitpay during the pre-authorisation process. While, in most instances, banks will void pre-authorisation transactions within 24 hours, in some circumstances this process may take up to 14 days. You acknowledge that the time for your bank to void this transaction and make your funds available to you is outside of Wizitpay’s control and you agree that we are not responsible for any delay by your bank in relation to this process.
7. Warranty by You
   • 7.1. By applying for and using your Wizitpay Account, you warrant that:
     • 7.1.1. you meet the Minimum Eligibility Criteria;
     • 7.1.2. the information submitted in your application is true, complete and correct in all respects, and is not misleading; and
     • 7.1.3. you are applying in your own name and not under any alias, or on behalf of any other person (including where you have that person’s consent).
8. Identity Confirmation and Assessment
   • 8.1. By checking the consent box on the Wizitpay ‘Your details’ screen and accepting the terms of this Agreement, you consent to Wizitpay undertaking checks in relation to you to confirm your identity and to meet our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2009.
   • 8.2. Where we reasonably request any information or evidence from you to assist us in confirming your identify in connection with your Wizitpay Account or any Purchase, you agree to promptly provide us with that information.
   • 8.3. Our steps to confirm your identity may include using the Document Verification Service (‘DVS’) to confirm that the personal information you provide to us in your application as evidence of your identity matches the information by the agency which issued that document. For more information in relation to our use of the DVS to verify your identity, please refer to the Privacy Disclosure Statement and Consent.
   • 8.4. You agree that we may make any enquiries considered necessary to identify you or assess your capacity to meet your repayment obligations in relation to your requested Shopping Limit, and to us using or disclosing your information, or collecting any information, for any of the purposes outlined in the Privacy Disclosure Statement and Consent.
   • 8.5. For information in relation to how Wizitpay collects, uses, stores and discloses your information, please refer to our
9. Payments
   • 9.1. By using your Wizitpay Account to make Purchases, you authorise us to arrange a Debit Payment from your Nominated Account in accordance with your Payment Schedule and this Agreement.
   • 9.2. You may update your Nominated Account by logging on to the Wizit App. You may have only one Nominated Account at any given time.
   • 9.3. If the Due Date falls on a day that is not a Banking Day, we may direct your Financial Institution to process the Debit Payment on the following Banking Day. If you are unsure about the Banking Day on which the Debit Payment has been or will be made from your Nominated Account, you should contact your Financial Institution.
   • 9.4. It is your responsibility to ensure that there are sufficient clear funds available in your Nominated Account to allow a Debit Payment to be made on each Due Date.
   • 9.5. If you wish to stop or defer a future Debit Payment, you must notify us in writing at least five (5) Business Days before the next Due Date.
   • 9.6. If a Debit Payment fails (including where the Nominated Account is a credit or debit card which has expired) or if there are insufficient clear funds in your Nominated Account for the Debit Payment by the Due Date:
     • 9.6.1. you may be charged a fee and/or interest by your Financial Institution;
     • 9.6.2. we may charge you a Late Payment Fee and/or Account Keeping Fee;
     • 9.6.3. you may be in default under this Agreement;
     • 9.6.4. you may no longer be able to use your Wizitpay Account;
     • 9.6.5. you must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your Nominated Account by an agreed time so that we can process the Debit Payment; and
     • 9.6.6. you agree that we may re-attempt to process the Debit Payment at a later time or date and to re-attempt to process the payment on multiple occasions if prior attempts to process the payment are unsuccessful, and you agree to bear responsibility for all fees and charges that may be charged by your Financial Institution (if any) in relation to such re-attempts.
   • 9.7. We may, at any time, debit the whole or part of any previous amount due (including any fees payable) that has not been paid, either as a separate Debit Payment or together with the current amount due under your Payment Schedule.
   • 9.8. You should check your Nominated Account statement to verify that the amounts debited from your Nominated Account are correct.
   • 9.9. If you believe that there has been an error in debiting your Nominated Account, you should:
     • 9.9.1. notify us immediately by calling 1300 730 552; and
     • 9.9.2. confirm this in writing with us as soon as possible so that we can resolve your query more quickly, and/or
     • 9.9.3. directly contact your Financial Institution in relation to your query.
   • 9.10 If you notify us in accordance with clauses 9.9.1 and 9.9.2 above and we conclude, as a result of our investigations, that your Nominated Account has been incorrectly debited, we will respond to your query by arranging for your Financial Institution to adjust your Nominated Account accordingly (including charges), by directly crediting your Nominated Account.
   • 9.11. If we conclude, as a result of our investigations, that your Nominated Account has not been incorrectly debited, we will respond to your query, in writing within 30 days, by providing you with reasons and any information supporting that finding.
   • 9.12. Before using you Wizitpay Account and authorising us to arrange a Debit Payment from your Nominated Account, you should check:
     • 9.12.1. with your Financial Institution whether direct debiting is available from your Nominated Account, as direct debiting is not available on all accounts offered by financial institutions;
     • 9.12.2. that the Nominated Account details which you have provided to us are correct by checking them against a recent statement you have been provided in relation to your Nominated Account; and
     • 9.12.3. with your Financial Institution if you are uncertain about either of the above matters.
10. Early Repayment
    • 10.1. You may pay any amounts owing under your Wizitpay Account earlier than the Due Date without penalty.
    • 10.2. Where you make such early repayments, unless you have specified in the Wizit App the particular Instalment or fee that you intend to pay, you agree that Wizitpay may apply such early repayments to any Instalment, fee or any part of your Wizitpay Account balance as it sees fit in its absolute discretion.
11. Transactions Exceeding Your Approved Shopping Limit
    • 11.1. If you are approved for a Wizitpay Account, you will be provided with a Shopping Limit in accordance with your stated requirements and our approval criteria. Your Shopping Limit will be a maximum amount of $500.
    • 11.2. Where the value of a Purchase will exceed your approved Shopping Limit, you may be given the option to continue with the Purchase by paying an increased Initial Payment at the point of purchase, in excess of 25% of the purchase price, provided the value of the Purchase Price does not exceed the Maximum Value.
    • 11.3. Where this option is available to you, the increased Initial Payment amount will be displayed to you before your confirmation of the Purchase. In accepting such a Purchase, you appoint Wizitpay as your limited agent solely for the purpose of debiting and paying to the Approved Retailer your increased Initial Payment.
    • Example: You have a shopping limit of $500 and intend to purchase goods costing $600. You may be permitted to pay an increased Upfront Instalment of $225, with the 3 remaining Instalments of $125 payable over 3 fortnightly payments.
    • 11.4. Nothing in this clause modifies your obligation to pay the Instalments in accordance with your Payment Schedule.
12. Our Right to Cancel or Reverse Purchases
    • 12.1. All Purchases through your Wizitpay Account are subject to approval by Wizitpay. We may at our discretion cancel or reverse a Purchase at any time before the goods or services are provided to you, including where:
      • 12.1.1. you are in breach of any payment obligation or other material obligation under this Agreement; or
      • 12.1.2. you have breached a warranty given in relation to this Agreement; or
      • 12.1.3. you have breached the Wizit Website Terms and Conditions; or
      • 12.1.4. you have failed to meet any verification check; or
      • 12.1.5. we consider declining or cancelling the Purchase is reasonably necessary to:
        • 12.1.5.1. limit our financial risk, including risk of non-payment; or
        • 12.1.5.2. mitigate the risk of fraud, money laundering or terrorist financing; or
        • 12.1.5.3. comply with our anti-money laundering and counter terrorism financing policies and program; or
        • 12.1.5.4. protect us from legal or regulatory risk; or
        • 12.1.5.5. protect the integrity of our systems or the Wizitpay BNPL Product.
    • 12.2. We may also decline or cancel your Purchase where:
      • 12.2.1. Wizitpay ceases to trade; or
      • 12.2.2. Wizitpay ceases to offer the Wizitpay BNPL Product; or
      • 12.2.3. Wizitpay does, or intends to, substantially modify its Wizitpay BNPL Product; or
      • 12.2.4. a change in legislation or regulatory environment materially impacts the Wizitpay BNPL Product; or
      • 12.2.5. the retailer or shipping address for the Purchase is located outside of Australia; or
      • 12.2.6. we believe that your account has been subject to unauthorised access or use or has otherwise been compromised; or
      • 12.2.7. we believe that any matter relating to your Wizitpay Account is suspicious; or
      • 12.2.8. the Approved Retailer ceases to be an Approved Retailer.
    • 12.3. Where we cancel or reverse a Purchase before the goods or services are provided to you, the Approved Retailer will not be under any obligation to provide those goods or services to you and we will refund all amounts paid to us in relation to the Purchase by direct credit to your Nominated Account. We will notify you by email if your Purchase is cancelled or reversed.
13. Our Right to Close or Suspend Your Wizitpay Account
    • 13.1.We may, at our discretion, close or suspend your Wizitpay Account where, acting reasonably, we consider or suspect that:
      • 13.1.1 you are in breach of any payment obligation or other material obligation under this Agreement; or
      • 13.1.2 you have breached any warranty given in relation this Agreement; or
      • 13.1.3 you have breached the Wizit Website Terms and Conditions; or
      • 13.1.4 you have failed to meet any verification check.
    • 13.2. We may also close or suspend you Wizitpay Account if that closure or suspension of your Wizitpay Account is reasonably necessary to:
      • 13.2.1. limit our financial risk, including risk of non-payment; or
      • 13.2.2. mitigate the risk of fraud, money laundering or terrorism financing; or
      • 13.2.3. comply with our anti-money laundering and counter terrorism financing policies or program; or
      • 13.2.4. protect us from a legal or regulatory risk; or
      • 13.2.5. protect the integrity of our systems or the Wizitpay BNPL Product.
    • 13.3. We may also close your Wizitpay account where:
      • 13.3.1. Wizitpay ceases to trade; or
      • 13.3.2. Wizitpay ceases to offer the Wizitpay BNPL Product; or
      • 13.3.3. Wizitpay does, or intends to, substantially modify its Wizitpay BNPL Product; or
      • 13.3.4. a change in legislation or regulatory environment materially impacts the Wizitpay BNPL Product; or
      • 13.3.5. we believe that your Wizitpay Account has been subject to unauthorised access or use or has otherwise been compromised; or
      • 13.3.6. we believe that any matter relating to your Wizitpay Account is suspicious.
    • 13.4. Where Wizitpay intends to close or suspend your Wizitpay Account, it will, unless prohibited by law or it is not reasonably practicable to do so, use reasonable endeavours to give you 7 days’ prior written notice of that intention. If you would like us to reconsider our decision to close or suspend your Wizitpay Account, you must contact us within 7 days of receiving such notice.
14. Closing Your Wizitpay Account
    • 14.1. You may ask us to close your Wizitpay Account by emailing a written request to hello@wizit.money or by calling us during normal business hours on 1300 730 552.
    • 14.2. We will close your account within 14 days of your request, provided that:
      • 14.2.1. you pay all outstanding amounts owing in relation to your Wizitpay Account, including any Late Payment Fee and Account Keeping Fee;
      • 14.2.2. there are no outstanding disputes or refunds pending processing.
    • 14.3. If you believe that your Wizitpay Account may be subject to fraud risk, you may request for your account to be suspended or closed by calling us during normal business hours on 1300 730 552.
15. Obligations After Closure
    • 15.1. When you Wizitpay Account is closed, either upon your request or where Wizitpay exercises its right to close your Wizitpay Account, this Agreement will continue to apply to all Purchases approved by Wizitpay prior the closure of your Wizitpay Account until such time as all amounts owing in relation to your Wizitpay Account, including any Late Payment Fee or Account Keeping Fee, have been paid in full.
    • 15.2. You will remain liable under this Agreement to pay any amount owing or which may become owing in relation to your Wizitpay Account after your Wizitpay Account has been closed.
16. No Interest Charges
    • 16.1. No interest charges are payable by you in relation to the Wizitpay BNPL Product.
17. Fees and Charges
    • 17.1. The following fees and charges apply to your Wizitpay Account:

    • Product name	Explanation
      Late Payment Fee	A late payment fee of $5 is payable by you at the end of each month only if an overdue balance exists at the end of that month. Late Payment Fees are capped at $5 per month, regardless of the number of missed payments in that month, and at $50 for each arrears cycle. An arrears cycle is any period of consecutive months in which there is an overdue balance on your Wizitpay Account.
      Account Keeping Fee	An Account Keeping Fee of $5 is payable for any month during which your Wizitpay Account is active on the last day of the month. Your Wizitpay Account is considered “active” where the balance owing is greater than $0 on any day within that month. No Account Keeping Fee will apply if your Wizitpay Account is not active on the last day of the month. Further, no Account Keeping Fee will apply where the balance owing at the end of the month is comprised solely of fees.

    • 17.2. All fees and charges are billed on the last calendar day of the month in which those fees are incurred and are payable on the 3rd calendar day of the month following the month in which they were incurred.
    • 17.3. Fees will not by payable by you if they are incurred as a result of Wizitpay’s error. If you believe that a Late Payment Fee or Account Keeping Fee has been applied to your Wizitpay Account due to our error, please contact us on 1300 730 552 or accounts@wizit.money to request a review.
18. Changes to your Wizitpay Agreement
    • 18.1. Wizitpay may amend this Agreement from time to time by providing 45 days’ written notice to you, provided the variation is reasonably necessary to protect the legitimate interests of Wizitpay and/or does not cause financial or other detriment to you. Any change to this Agreement will be published on the Wizit Website. When you make further Purchases using the Wizitpay Account, you will be required to agree to the updated terms of the Agreement applicable at the time of Purchase. If you do not agree to the updated terms of the Agreement, you may discontinue using and close your Wizitpay Account. For information on closing your Wizitpay Account, please refer to clause 14.
    • 18.2. Any amendment of the terms of this Agreement will not apply to existing Purchases already accepted by Wizitpay, and your rights and obligations in relation to those Purchases shall continue to be governed by the terms of the Agreement applicable at the time of the Purchase.
19. Overseas Transactions
    • 19.1. Your Wizitpay Account does not support overseas transactions. Wizitpay accounts may only be used for approved Purchases from Approved Retailers located in Australia. All fees and charges are billed in Australian currency and all payments will be debited or credited in Australian currency. Delivery addresses for goods or services purchased using your Wizitpay Account must be within Australia.
20. Assignment /Appointment
    • You agree we may transfer or assign our rights under this Agreement without your consent, provided we reasonably believe you will not suffer any material detriment by reason of the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you including Personal Information to the assignee or to anyone who is considering becoming our assignee.
21. Default by you
    • 21.1. You agree, where any amount remains unpaid in relation to your Wizitpay Account for a period of more than 60 days, that we may refer the account to a third party debt collector and give them any information (including documents) about you including Personal Information for the purpose of collecting any amount owed by you.
    • 21.2. You agree to pay any fees and charges that are reasonably incurred in relation to enforcing our rights under this agreement due to your default, and that such fees and charges may be added to the balance of your Wizitpay Account as they are incurred.
    • 21.3. You agree, where you fail to pay any amount owing in relation to your Wizitpay Account, that, subject to the requirements under Part IIIA of the Privacy Act 1988 and the Privacy (Credit Reporting) Code 2014 (Version 2.3), as amended or replaced from time to time, Wizitpay may report the default to a credit reporting body.
    • 21.4. For more information in relation to credit reporting, see our Privacy Disclosure Statement and Consent and Customer Privacy and Credit Reporting Policy.
    • 21.5. If you are experiencing financial difficulty, please contact us on 1300 730 552 to discuss your situation or go to https://www.wizit.money/contact/financial-difficulty to find information on how we can support you.
22. Set Off
    • 22.1. Your obligation under this Agreement to make all payments by the Due Dates is an absolute and unconditional obligation, and you agree not to exercise or purport to exercise any right or claim to withhold payment, or claim any deduction or set-off in respect of this obligation for any reason.
    • 22.2. You agree that we may set off any debt or monetary liability we owe you against amounts which are due and payable by you under this Agreement.
23. Your Rights Under the Australian Consumer Protection Legislation
    • 23.1. You have certain rights under Australian consumer protection legislation that cannot be excluded or limited by contract. These rights include the statutory guarantees under the Australian Consumer Law (‘ACL’) that goods will be of acceptable quality and services will be rendered with due care and skill and that the goods or services will be reasonably fit for any purpose specified. Consumers are entitled to seek remedies under the ACL for breaches of these statutory guarantees. Australian consumer protection legislation also provides consumers with certain non-excludable implied warranties that financial services will be provided with due care and skill and that the services supplied under a contract for the supply of the services and any materials supplied in connection with those services will be reasonably fit for any
    • 23.2 specified purpose or are of such a nature and quality that they might reasonably be expected to achieve that result.
    • No term of this Agreement is intended to exclude, limit or modify any rights you have under the Australian consumer protection legislation, or impose liability on you in a manner that would be deemed unfair under the Australian consumer protection legislation.
24. No Warranty
    • 24.1. To the maximum extent permitted by law, we do not give any express warranty or guarantee as to the availability, reliability or suitability of the Wizitpay BNPL Product, the content or availability of the Wizit Website, or the Wizit App or any goods or services provided by any Approved Retailer.
    • 24.2. Subject to your rights under the Australian consumer protection legislation, as outlined above in clause 23, Wizitpay does not give any implied warranties or guarantees.
    • 24.3. In no event shall we be liable for any loss or damages suffered by you or third parties (whether to their computer systems or otherwise), as a result of or in connection with accessing the Wizit Website or the Wizit App, provided Wizitpay has not acted negligently.
25. Complaints Process
    • For details in relation to complaints, see clause 26 - Complaints against Approved Retailers; and clause 27 - Complaints against Wizitpay.
26. Complaints Against Approved Retailers
    • 26.1. Where you have a dispute with an Approved Retailer, you should raise your dispute directly with them.
    • 26.2. Wizitpay may, at its discretion, make reasonable efforts to facilitate communication between you and an Approved Retailer for the purpose of enabling a resolution of any dispute between you and an Approved Retailer, but is not obligated to do so.
    • 26.3. The outcome of any dispute with an Approved Retailer will not affect your obligations under this Agreement (subject to clause 27), including to make any payment on a Due Date, nor will it affect our rights and remedies under this Agreement.
27. Complaints Against Wizitpay
    • 27.1. Customer service is important to us. We strive to provide the best customer experience possible.
    • 27.2. If you are unhappy with your experience with Wizitpay please let us know as soon as possible by contacting us on:
      • 1300 730 552; or
      • hello@wizit.money
    • 27.3. If you are unhappy with the response from our operator, you may ask to speak to a manager.
    • 27.4. If you remain dissatisfied, you can contact our Customer Care team by:
      • 27.4.1. calling 1300 768 621
      • 27.4.2. submitting a complaint through the online form at https://www.wizit.money/contact/complaints ; or
      • 27.4.3. writing to us at:
        Wizitpay – Customer Care
        GPO Box 4475,
        Sydney, NSW, 2001.
    • 27.5. We will use reasonable endeavours to send you notification that your complaint has been received within 1 Business Days of receiving your complaint.
    • 27.6. Your complaint will be investigated by a Customer Care Officer and, where the complaint cannot be resolved to your satisfaction, a written response will be provided to you.
    • 27.7. We may require additional information from you to assist us in investigating and responding to your complaint. You agree to provide all information reasonably required and/or requested by us to assist in investigating and resolving your complaint.
    • 27.8. We will use reasonable endeavours to respond to your complaint within 30 days or within any such shorter timeframe as may be required by law. Where we anticipate that we will be unable to do so, we will notify you accordingly providing reasons for the delay and advise you of the date by which we expect to be able to provide our final response.
    • 27.9. If you remain dissatisfied with our final response and your complaint relates to privacy, your complaint may be referred to the Australian Financial Complaints Authority (‘AFCA’) which is approved by the Office of the Australian Information Commissioner and the Australian Securities and Investments Commission. AFCA provides an impartial dispute resolution service which is free to consumers and can be contacted at www.afca.org.au or on 1800 931 678 or GPO Box 3, Melbourne, VIC, 3001.
    • 27.10. You can also contact the Office of the Australian Information Commissioner by visiting the following website and following the steps listed on the website: www.oaic.gov.au/privacy/privacy-complaints.
28. Refunds and Returns
    • 28.1. Notwithstanding your use of the Wizitpay Account to make a Purchase, any return of goods to an Approved Retailer for the purpose of obtaining a refund will be subject to the returns policy of the relevant Approved Retailer or any rights you have against the Approved Retailer under any applicable law. It is your responsibility to contact the Approved Retailer directly to arrange any return or refund.
    • 28.2. Wizitpay will continue to process Debit Payments in accordance with your Payment Schedule and the Agreement, unless we have been notified by the Approved Retailer that a refund has been approved and we have been provided sufficient time (being not less than 4 Business Days) to amend your Payment Schedule.
    • 28.3. You will remain liable to pay Wizitpay for all amounts due under your Payment Schedule until the Approved Retailer has provided confirmation that a refund has been issued to Wizitpay in respect of the returned goods.
    • 28.4. Upon our receipt of any refund from the Approved Retailer, we will (subject to clause 28.5 and 28.6 below) provide a refund to you by direct credit to your Nominated Account or, if your Nominated Account can no longer accept payments, we will notify you of that and request that you nominate in writing an alternative Australian credit or debit card. Subject to such alternative account being approved by us, we will process your refund accordingly.
    • 28.5. If your Nominated Account can no longer accept payments and you do not, upon request by us, nominate an alternative Australian credit or debit card and we are unable to contact you following reasonable attempts to do so and/or you fail to assist us in facilitating a refund to you, then upon the expiry of 5 years from the date that we first request you to nominate an alternative Australian credit or debit card, you agree to forgo any right, title and interest in such refund and all right, title and interest in those funds will vest in Wizitpay.
    • 28.6. In the case of a partial refund, Wizitpay will apply the refund amount to the latest payment/s due under your Payment Schedule first.
      Example:
      You make a purchase of $200 using your Wizitpay Account. You contact the Retailer to return a defective item and obtain a refund of $125 from the Retailer prior to the date of your second Instalment. In the circumstances, your Payment Schedule would be amended as follows:
      

      Original Schedule	Amended Schedule
      Initial Payment $50	Initial Payment $50
      Second Instalment $50	Second Instalment $25
      Third Instalment $50	Third Instalment $0
      Fourth Instalment $50	Fourth Instalment $0

    • 28.7. Where you obtain any refund from an Approved Retailer in circumstances where all funds owing under your Wizitpay Account in relation to that Purchase have been paid, such refund will be paid to you directly by the Approved Retailer and Wizitpay shall have no involvement in the process.
29. Your Information
    • 29.1. We will take reasonable steps to keep your information (including your Nominated Account details) secure and protect it from unauthorised use, modification, reproduction or disclosure. For more information about how we collect, store, use and disclose your information please refer to our Privacy and Credit Reporting Policy.
30. GST and Taxes
    • 30.1. You agree that you are responsible for determining whether any taxes may apply to your use of your Wizitpay Account.
31. Financial Difficulties
    • 31.1. You should tell us immediately if you cannot pay any Instalments. If you do, we will discuss alternative payment arrangements with you. However, we do not have to agree to any alternative arrangements. Please contact one of our operators on the below details:
      • 1300 730 552; or hello@wizit.money
    • 31.2. You can find out more about our hardship process by going to https://www.wizit.money/contact/financial-difficulty
32. Intellectual Property Rights
    • 32.1. Wizitpay provides access to the Wizit Website and Wizit App free of charge to provide information about Wizitpay, its capabilities and the services it provides customers and to allow you to apply for, use and manage your Wizitpay Account. Your use of the Wizit Website and the Wizit App is subject to the Wizit Website Terms and Conditions.
    • 32.2. Copyright in all material (including any compilation) on the Wizit Website and the Wizit App is owned by, or licenced to, Credit Corp Financial Services Pty Limited trading as Wizitpay and/or its parent company Credit Corp Group Limited. No materials on the Wizit Website or the Wizit App may be reproduced, altered or further distributed without the prior written permission of Credit Corp Financial Services Pty Limited or Credit Corp Group Limited.
    • 32.3. All trade names, trademarks, service marks, logos and trade styles on the Wizit Website and the Wizit App are owned by Credit Corp Financial Services Pty Limited trading as Wizitpay and/or its parent company Credit Corp Group Limited. Proper use is limited to use in connection with the products and services of Credit Corp Financial Services Pty Limited or Credit Corp Group Limited and its subsidiaries and no other use is permitted without the prior written permission of Credit Corp Financial Services Pty Limited and/or Credit Corp Group Limited.
    • 32.4. You acknowledge and agree that any breach by you in relation to the matters referred to in this clause may irreparably harm Wizitpay or its related bodies corporate.
    • You agree that monetary damages would not be sufficient to remedy any detriment
    • arising from such breach and may be incapable of being ascertained.
    • Where Wizitpay or any of its related bodies corporate satisfies a court that a breach has occurred, you consent to the granting of interlocutory injunctive relief against you to restrain any threatened or actual breach of this clause and you agree that this will be without prejudice to any other remedies Wizitpay or its related bodies corporate may have in relation to those breaches.
33. Notices and Communication
    • Notices to you
    • 33.1. By accepting this Agreement, you consent to receiving all notices and other communication in relation to your Wizitpay Account electronically. This consent extends to notices and communications sent by Wizitpay, its authorised agents or its successors and assigns.
    • 33.2. Where permitted under this Agreement, communications will be posted on the Wizit Website or the Wizit App or sent by email or text message to your nominated email address or mobile telephone number.
    • 33.3. You agree to advise us of any changes to your contact details within 7 Business Days of the change.
    • 33.4. Notwithstanding your consent to receiving electronic communication, Wizitpay may, at its election, give notice to you by:
      • 33.4.1. sending it to you by ordinary pre-paid post to, or delivering it to you at, your nominated address listed on your Wizitpay Account; or
      • 33.4.2. giving notice in any manner in accordance with any applicable rules of the courts.
    • 33.5. A notice or other communication is regarded as having been given to and received by you:
      • 33.5.1. if sent by mail, 5 Business Days after it is posted;
      • 33.5.2. if given electronically, 1 Business Day after it was sent or given, unless we receive actual notice that delivery has failed.
    • Notices to Wizitpay
    • 33.6. All notices you give to Wizitpay must be in writing, and must include your account number to allow Wizitpay to identify the Wizitpay Account to which the notice relates. Notices may be:
      • 33.6.1. sent by email to hello@wizit.money; or
      • 33.6.2. sent by ordinary pre-paid post to Wizitpay, GPO Box 4475, SYDNEY NSW 2001; or
      • 33.6.3. given in any manner in accordance with any applicable rules of the courts.
    • 33.7. You may also contact Wizitpay in relation to any general queries regarding your Wizitpay Account or our products and services:
      • 33.7.1. by calling us on 1300 730 522;
      • 33.7.2. by writing to us at GPO Box 4475, Sydney, NSW 2001, Australia; or
      • 33.7.3. by emailing us at hello@wizit.money.
34. Governing Law and Jurisdiction
    • 34.1. This Agreement shall be governed and construed according to the laws in force in the state of New South Wales and both parties unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.
35. Waiver
    • 35.1. Neither party shall waive any of their rights under this Agreement unless they do so expressly in writing.
36. Limitation of Liability
    • 36.1. To the maximum extent permitted by law, and subject to your rights under applicable Laws:
      • 36.1.1. the aggregate liability of Wizitpay or its related bodies corporate for all claims arising from or in any way related to this Agreement, whether under statute, in contact, in tort (including for negligence) or otherwise, is limited to the total value of the Purchase(s) to which the claim relates and any applicable Late Payment Fee or Account Keeping Fee charged in relation to such Purchase(s);
      • 36.1.2. other than in respect of misuse of your Wizitpay Account or the Wizit Website or the Wizit App or our Intellectual Property, your aggregate liability to Wizitpay or its related bodies corporate, whether under statute, in contract, in tort (including negligence) or otherwise, will not exceed the total value of the Purchase(s) to which the claim relates plus any applicable Late Payment Fee, Account Keeping Fee and Enforcement Expenses;
      • 36.1.3. neither Wizitpay, its related bodies corporate or you shall be liable for any Consequential Loss arising out of or in connection with the performance of the parties’ respective obligations under this Agreement (whether under statute, in contract, in tort (including for negligence) or otherwise);
      • 36.1.4. you agree that neither Wizitpay nor its related bodies corporate, nor their respective directors, officers, employees or agents will be liable for any loss or damage you or any other party may incur from your purchase and use of any goods or services from an Approved Retailer, except to the extent that such loss or damage is caused by us, and for the avoidance of doubt, any such loss or damage will be subject to the limitations of liability set out in this clause 36;
      • 36.1.5. you agree that any matters concerning claims in relation to the goods and services purchased through your Wizitpay Account from any Approved Retailer are matters between you and that Approved Retailer only, subject to any obligations we have under this Agreement in relation to refunds;
      • 36.1.6. a party’s liability arising under, or in connection with, this Agreement is reduced to the extent to which the other party’s conduct caused or contributed to their own losses.
37. Indemnity
    • 37.1. You agree that you are liable to Wizitpay and its related bodies corporate for any loss, expense, damage or costs (including any legal fees reasonably incurred) suffered or incurred in connection with any claim made or asserted by any third party as a result of or in connection with your breach of this Agreement, or as a result of or in connection with any third party accessing your Wizitpay Account due to your negligence, including your failure to keep your password secret and secure.
    • 37.2. You acknowledge that Wizitpay contracts as trustee for the rights of any non-party benefiting from the indemnity arising under this clause.
    • 37.3. Your liability under this indemnity is reduced to the extent that Wizitpay caused, or contributed to, the loss, expense, damage or costs, or failed to act reasonably to take appropriate steps to avoid or lessen those losses, expenses, damages or costs.
    • 37.4. You acknowledge that Wizitpay enters into this Agreement in reliance upon the information submitted in your application relating to you being true, complete and correct in all respects, and not misleading, and upon your agreement not to use your Wizitpay Account for any unlawful or improper purpose, or for any purpose other than the purpose of applying for a Wizitpay Account, making Purchases from Approved Retailers and managing and repaying your Wizitpay Account.
    • 37.5. This indemnity survives the termination of this Agreement.
38. Definitions and Interpretation
    • “we”, “us”, “our”, or “Wizitpay” means Credit Corp Financial Services Pty Limited ACN 146 525 706, trading as Wizitpay.
    • “you” or “your” means the holder of a Wizitpay Account or person applying for a Wizitpay Account.
    • “Account Keeping Fee” has the meaning given to it in clause 17.
    • “Approved Retailer” means any retail merchant approved by Wizitpay to accept payment using a Wizitpay Account. The most recently updated list of Approved Retailers can be found at
    • “Business Day” means a date that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Sydney, New South Wales.
    • “Business Hours” means 8.30am to 5pm Monday to Friday and 8am to 12pm Saturdays.
    • “Banking Day” means a day in other than a Saturday or a Sunday or a public holiday listed throughout Australia.
    • “Consequential Loss” means any of the following:
      • incidental, special, indirect, consequential, remove or unforeseeable loss or damage (including punitive or exemplary damages); and
      • loss of profits or anticipated profits, loss of opportunity or loss of goodwill.
    • “Debit Payment” means a transaction where a debit is made from your Nominated Account.
    • “Due Date” means in respect of any Instalment, the date set out in the Payment Schedule; and in respect of any Late Payment Fee or Account Keeping Fee, the 3rd calendar day of the month following the month in which that fee was incurred.
    • “Enforcement Expenses” means all reasonable expenses incurred by us in enforcing
    • this Agreement where you are in default, including (but not limited to) those expenses referred to in clause 21 of this Agreement;
    • “Fees and Charges” means the fees and charges specified in clause 17 of this agreement.
    • “Financial Institution” means your financial institution in relation to your Nominated Account.
    • “Instalment” means a fortnightly instalment payable under your Payment Schedule in respect of a Purchase with an Approved Retailer.
    • “Late Payment Fee” has the meaning given to it in clause 17.
    • “Maximum Value” means $2000.
    • “Minimum Eligibility Criteria” has the meaning given to it in clause 4.
    • “Nominated Account” means the account nominated by you for the purpose of the debiting of payments in relation to your Wizitpay Account, which must be a valid Australian Visa or MasterCard debit or credit card in your name.
    • “Payment Schedule” means the dates on which you agree to pay Instalments in respect of a Purchases made using your Wizitpay Account as agreed at the Point of Sale.
    • “Personal Information” has the meaning given to it in the Privacy Act 1988 (Cth).
    • “Point of Sale” means the time of making a Purchase.
    • “Privacy Disclosure Statement & Consent” means the Privacy Disclosure Statement & Consent authorising us to collect, use and exchange credit and Personal Information about you for the purposes outlined in that consent.
    • “Purchase” means the purchase of goods or services from an Approved Retailer made online using your Wizitpay Account.
    • “Purchase Price” means the total purchase price of the goods or services purchased from an Approved Retailer in a single transaction when you make a Purchase.
    • “Shopping Limit” means the total approved limit that applies to your Wizitpay Account based on your stated requirements and our approval criteria.
    • “Transaction” means a retail transaction in respect of a Purchase between you and an Approved Retailer.
    • “Wizitpay Account” means your Buy Now Pay Later Wizitpay Account operating on the terms and conditions set out in this Agreement.
    • “Wizitpay BNPL Product” means the Buy Now Pay Later product offered by Wizitpay on the terms and conditions set out in this Agreement.
    • “Wizit App” means the application owned and operated by Wizitpay available on the Apple store and the Google Play store
    • “Wizit Website” means the website owned and operated by Wizitpay at www.wizit.money
    • “Wizit Website Terms and Conditions” means the terms and conditions of use of the Wizitpay Website available at https://wizit.money/terms-and-conditions-customer
39. Interpretation:
    • 39.1 Headings are for convenience only and do not affect the interpretation;
    • 39.2 A reference to a party includes that party’s successors and permitted assigns;
    • 39.3 A singular word includes the plural and vice versa;
    • 39.4 A word which denotes one gender includes and is capable of being read as non-gender specific;
    • 39.5 A reference to a statute or other legislation includes any amendment, replacement or re-enactment for the time being in force and includes all regulations, by-laws and statutory instruments made thereunder;
    • 39.6 A reference to this or any other document includes a reference to that document as amended, supplemented, novated or replaced from time to time; and
    • 39.7 Where there is a conflict between these Wizitpay Terms and Conditions and other terms referred to in clause 3.2, these Wizitpay Terms and Conditions will prevail.