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GlowPay Direct Terms Laptop and Plant

GlowPay Direct Account Terms and Conditions 

Last updated: 7 December 2023

GlowPay Direct Account Terms and Conditions

Glow Payments Pty Ltd (ACN 666 911 084) (GlowPay Direct) provides an interest free repayment plan for your well-being through our website and mobile application (Platform). Subject to our approval, you can make a Finance Request to use your Available Credit to obtain an Advance to spread the cost of your well-being related purchases of approved Goods and Services. You then repay us over time, under a GlowPay Direct Payment Plan made under these Terms that sets out the amount and date of each repayment due under the Payment Plan. As you repay us the money owed to us for a purchase under a Payment Plan, you increase the amount of your Available Credit for making future Finance Requests.

 

Your GlowPay Direct Repayment Contract is comprised of these Terms and Conditions and the Payment Plan for each accepted Finance Request. Each purchase you make using your Available Credit will be documented within the Payment Schedule of the applicable Payment Plan. If you have questions, please contact us using the details at the bottom of these Terms.

IMPORTANT: Due to the low cost and customer obligation associated with this product, is it not subject to standard consumer credit protection under the National Consumer Credit Protection Act 2009. You will usually have protection under other consumer laws relating to our interaction with you and our funding of your Payment Plans.

Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • Unless your GlowPay Direct Account is terminated in accordance with these Terms, your GlowPay Direct Account will roll over on an ongoing basis.

  • We will handle your personal information in accordance with our privacy policy, available at www.glowpay.co/privacy on our website.

  • Our liability under these Terms is limited to 12 months of Subscription Fees, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data.

Nothing in these terms limits your rights under the Australian Consumer Law.

1. Your Repayment Contract

1.1  Your Repayment Contract is comprised of these Terms and Conditions and each Payment Plan that we issue to you from time to time.

1.2  You become bound by your Repayment Contract when you open a GlowPay Direct Account in your name.

1.3  We will use the GlowPay Direct Account to debit and credit amounts owing and paid by you under this Repayment Contract.
 

2. Acceptance

2.1  By creating a GlowPay Direct Account on our Platform, you accept and agree to comply with the Terms.

2.2  If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

2.3  By downloading and using our Platform, you:

a) warrant to us that you have read and understood these Terms and our Privacy Policy; and

b) agree to use our Platform in accordance with these Terms.

2.4  When using our App, you must not do or attempt to do anything that is unlawful or inappropriate, including:

a) anything that would be a breach of an individual’s privacy or any other legal rights;

b) using our App to defame, harass, threaten, menace or offend any person;

c) using our App for unlawful purposes;

d) tampering with or modifying our App (including by transmitting viruses and using trojan horses);

e) using data mining, robots, screen scraping or similar data gathering and extraction tools on our App; or

f) facilitating or assisting a third party to do any of the above acts.

3. Your Credit Limit

3.1  The amount of credit that we may agree to provide to you from time to time will be limited by your Credit Limit at the relevant time.

3.2  Your initial Credit Limit will be set out in the Payment Schedule for the first Payment Plan that we issue to you to confirm our acceptance of your request for credit under that Payment Plan. We may change the amount of your Credit Limit from time to time, in accordance with the procedures allowed for in your Repayment Contract. Your changed Credit Limit, if any, may be set out in the later Payment Schedules we issue to you.

3.3  You must keep the outstanding balance of your GlowPay Direct Account within the Credit Limit. If an amount in excess of your Credit Limit is owed to us under this Repayment Contract, you must immediately pay us the amount that is owed by you that is in excess of the Credit Limit. You must also separately perform your other payment obligations under your Repayment Contract from time to time.
 

4. Using your GlowPay Direct Account

4.1  You may use your Available Credit to obtain advances of credit from us to finance your “Associated Transaction.

4.2  When you wish to obtain an advance from us to finance an “Associated Transaction”, you will need to complete and then submit a Finance Request to us.

4.3  If we accept your Finance Request for an advance under a Payment Plan, we will make an advance for the amount specified in the approved Payment Plan. The advance will be paid to you into your Nominated Account detailed in the Payment Schedule for that Payment Plan. A copy of the Payment Plan will be provided to you. We will make the advance the subject of a Payment Plan as provided for in these Terms and Conditions. Whenever we make a payment to you into your Nominated Account under a Payment Plan, we will debit the amount of that advance to your GlowPay Direct Account.

4.4  We may refuse to let you use your GlowPay Direct Account, or your Available Credit, to obtain an advance under your Repayment Contract where:

a) we have not received all of the information or documents we require about you;

b) the making of the advance would result in you exceeding the Credit Limit;

c) you are in Default under your Repayment Contract;

d) your GlowPay Account is suspended or where we have cancelled or reduced your Credit Limit or your Available Credit in accordance with our rights under this Repayment Contract;

e) your Finance Request and its Associated Transaction are not for an Acceptable Purpose; or

f) there is any other reason to do so, as determined by us in our sole and absolute discretion.

In any of these situations, access to your Available Credit may be denied or withdrawn without prior notice to you.

4.5  Your GlowPay Direct Account will be debited with, and you agree to pay us:

a) the amount of each advance we make at your request under a Payment Plan;

b) any other amount owing to us by you under your Repayment Contract

4.6  You will be required to produce identification if requested when making a Finance Request or prior to receiving an advance of credit against your Available Credit.

4.7  Vendors are not able to provide assistance with the completion or submission of a signed or authorised Finance Request.

4.8  We will not be liable to you in any way for any refusal to advance credit to you under a requested Payment Plan or against your Available Credit and we will not be liable for any damage, cost, loss, or expense you may suffer as a consequence of (or in relation to) any refusal on our part to make an advance under a Finance Request that we have not accepted.
 

5. Making Payments

5.1  You must make all repayments described in an accepted Payment Plan we issue to you. Each payment must be made to us at the time stated or provided for in the Payment Schedule of the relevant accepted Payment Plan.

5.2  You must provide us with a valid PayTo Agreement or valid Direct Debit Request (DDR) or an acceptable recurring payment authority. At all times during the term of this Repayment Contract, you must ensure that we hold a valid PayTo Agreement or DDR or recurring payment authority that authorises us to collect or recover from your Nominated Account all amounts that are due to us from you from time to time under your Repayment Contract.

5.3  If your Nominated Account changes, you must provide us with:

a) a new and valid PayTo Agreement for your new Nominated Account; or

b) a new and valid DDR for your new Nominated Account applicable to your new DDR; or

c) a new recurring payment authority applicable to the approved card that is linked to the new Nominated Account.

d) If your applicable Payment Card, account number or card number changes, you must provide us with a new and valid recurring payment authority where we do not hold a valid PayTo Agreement or DDR from you.

5.4  We may debit your Nominated Account or applicable payment card, from time to time, with all amounts that become due and payable to us under your Repayment Contract.

5.5  All payments made to us, or received by us, in respect of outstanding principal, fees, or charges will be applied by us in reduction of your outstanding liabilities to us.

5.6  You must pay us in Australian currency, in Australia, and make payments in a form acceptable to us. We will give you credit for any payment you make from and including the day we receive the payment or cleared payment (whichever is the later). Each payment that you make to us that is not made under a PayTo Agreement or a DDR or a recurring payment authority, must be accompanied by details of your Account and the Payment Plan in respect of which the payment is made.

5.7  We may choose to allow a late payment of an amount that is due to us. A waiver by us in respect of the time for making a particular payment does not affect our rights under this Repayment Contract to receive the payment or your obligations to make payment of any other amount on time.

5.8  In the event of unforeseen circumstances that affect your ability to make repayments, you may be eligible for assistance under our Hardship Policy available on our website www.glowpay.co/financial-assistance or provided by upon request.

5.9  Where you have repayments due under more than one Payment Plan, and where you have provided a different PayTo Agreement, or DDR or recurring payment authority to meet your obligations under one or more different Payment Plans, we may request payment under any of these PayTo Agreements, DDRs and recurring payment authorities for any amount due and payable to us where:

a) you are in Default under this Repayment Contract, including with regard to the payment of an amount that is due and payable to us; and

b) we have made two or more requests for payment using one of your payment authorities and those attempts have failed and we have not been able to contact you to arrange an alternative payment method.

In such circumstances, you also authorise us to combine one or more Payment Plans and deduct all repayments owing under the combined Payment Plans from the one Nominated Account or payment card.

 

6. Using or Increasing Your Credit Limit

6.1  Your Repayment Contract operates with a Credit Limit. If you are approved to borrow up to an approved Credit Limit, you may request to drawdown your Available Credit from time to time by making a Finance Request. Each approved Advance by us to you will result in a separate Payment Plan.

6.2  You are required to make scheduled repayments with respect to each Payment Plan. As you reduce the outstanding balance that you owe us under a Payment Plan, the amount of your Available Credit increases.

6.3  We retain full discretion in deciding whether to accept your request for us to Advance funds against your Available Credit in respect of a proposed Finance Request and Payment Plan.

6.4  Despite sub-clause 6.3, we will seek to approve most reasonable requests for an Advance, for example, when your repayment history is good, all supporting documents are supplied, it is for an Acceptable Purpose and our lending and risk criteria are satisfied.

6.5  If we approve an Advance for a new Finance Request, we will issue a new Payment Schedule to you to document the new Payment Plan. The new Payment Plan will run concurrently with any other active Payment Plan.
 

7. Third-Party Payment Provider

7.1  We may make payment to you for an Advance or seek payment from you from your Nominated Account through our third-party provider Zai Australia Pty Ltd. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

 

8. Your Warranties

8.1  You warrant to us that:

a) you are 18 years or over and a resident of Australia;

b) you are not an undischarged bankrupt and you have no reason to believe you may become Insolvent at the time of executing each Finance Request under a Payment Plan;

c) you will use the Goods or Services as they are intended to be used by the manufacturer or service provider, and not in any way which could be dangerous or cause harm;

d) you have conducted your own due diligence on the Goods or Services and the suitability of the Goods or Services for your purpose;

e) you will not use the Goods or Services in connection with any illegal activity;

f) you will make all payments due and payable under a Payment Plan even if you do not have control or possession of the Goods, or if the Goods are not installed or operational, or if the Good or Services were not supplied or are subject to dispute with the Vendor, or if a refund or partial refund for the Goods or Services has been requested or obtained;

g) you will inform us promptly if your contact details or Nominated Account details change;

h) you will regularly check your communication methods for correspondence from us; and

i) you will notify us immediately if you become unable to meet your payment obligations under your Repayment Contract.
 

9. Availability of Credit & Termination

9.1  We may cancel or reduce your Credit Limit and your Available Credit, or may refuse to pay an Advance if:

a) your GlowPay Direct Account has been fully repaid and has not been used for 24 months;

b) we become aware of any material fact that would (in our reasonable opinion) expose us to significant financial or legal risk if we were to continue to lend to you;

c) you have breached any material obligation under your Repayment Contract; or

d) you are in Default.

9.2  You may terminate your Repayment Contract at any time by paying out all amounts that you owe us and by requesting that we close your GlowPay Direct Account.

 

10. Cancelling Your Account

10.1  You may only cancel your Repayment Contract at any time if:

a) you don’t have any outstanding obligations related to your Repayment Contract;

b) there is no ongoing investigation of any nature in connection with your Repayment Contract;

c) you don’t have a pending or disputed transaction;

d) your Repayment Contract doesn’t have a negative balance or you don’t have an outstanding debt owed to us; or

e) your GlowPay Direct Account isn’t subject to a hold or suspension.

We will deduct any amounts you owe us at the time of cancelling your Account under these Terms from your Nominated Account under the approved authority and close your GlowPay Direct Account.
 

11. Default

11.1  You are in Default under this Repayment Contract if:

a) you do not meet your payment obligations under a Payment Plan or otherwise under the Repayment Contract;

b) you breach a warranty (in a relevant and material way) or any other provision of this Repayment Contract;

c) you or a person acting on your behalf gives us or has given us materially incorrect or misleading information in connection with this Repayment Contract, or we reasonably believe that you or another person has acted fraudulently or illegally in connection with this Repayment Contract;

d) you become Insolvent or are declared bankrupt or steps are taken to make you so; or

e) you fail to correct a breach within 14 days after we give you notice to correct the breach.

11.2  If you are in Default, we will do one or more of the following:

a) suspend your Account and your Available Credit without notice

b) give you notice to correct the breach within 7 days;

c) take any other action available to us at law.

11.3  If you remain in Default, and subject to any applicable law, we may require payment in full of the outstanding balance of your GlowPay Direct Account.

11.4  If you are in Default, enforcement expenses may become payable under this Repayment Contract. You must pay us all reasonable enforcement expenses incurred by us, or on our behalf, in enforcing our rights under the Repayment Contract against you in order to recover amounts due and payable to us or arising from your Default. To the extent permitted by law, enforcement expenses may include those reasonably incurred by our staff, contractors and service providers. We may debit enforcement expenses to your GlowPay Direct Account. Where enforcement expenses are debited to your GlowPay Direct Account they will be due and payable to us from that time.
 

12. Changes To Or Under This Repayment Contract

12.1  We may make reasonable changes to or under this Repayment Contract at any time without your consent and in accordance with this clause 12.

12.2  Acting reasonably and without your consent, we may change the terms of your Repayment Contract by changing:

a) the amount of the Credit Limit and Available Credit as it applies to future advances;

b) the instalment amounts payable under a Payment Plan where we have reason to believe this will assist you or where we elect to do so to meet your request;

c) the frequency or time for repayments, or the remaining credit term under a Payment Plan, where we elect to do so to meet your request.

Before any such change becomes effective, however, we will notify you of the change in writing no later than 14 days before the change takes effect or as otherwise required by law or as otherwise agreed with you to meet your request. We may give this notice in a manner permitted by this Repayment Contract.

12.3  We will not change your Credit Contact to introduce an interest charge on the amount outstanding from time to time on your Account. We will not introduce new fees or charges under these Terms and Conditions.
 

13. Dispute Resolution

13.1  If you believe that we have not complied with this Repayment Contract, or if you have a complaint, please contact us at care@glowpay.co or using the details at the bottom of these Terms and refer to our complaints policy. We will endeavour to respond to you as soon as possible and within 21 days of receiving your complaint.

13.2  If we are unable to resolve your complaint to your satisfaction, we will provide you with a written response explaining the reason for our decision.

13.3  If you are not satisfied with our resolution to your complaint, you may contact the Australian Financial Complaints Authority:

Australian Financial Complaints Authority
GPO Box 3, Melbourne Victoria 2001
Telephone: 1800 931 678
Email: info@afca.org.au
Web: afca.org.au
 

14. Limited Liability

14.1  Our liability under these Terms is limited to 12 months of Subscription Fees, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data.

14.2  You acknowledge that we have not endorsed any Goods or Services sold to you by a Vendor. We do not warrant or endorse any Vendor and, subject to any applicable laws that provide otherwise, we are not liable for any representation made by the Vendor about any Goods or Services that are supplied to you, or that are connected with your “Associated Transaction” financed under your Repayment Contract.
 

15. Fees and Charges

15.1  The maximum establishment fee payable under these Terms is $60.

15.2  The maximum monthly Subscription Fee fee payable under these Terms is $10 per month.

15.3 Without limiting your obligations under any other provision of this agreement, you must pay us all fees and charges noted on your Payment Schedule and any government duties.

15.3  Unless expressly stated in these Terms or otherwise agreed between the parties, you will be liable for any debts owing to us under these Terms.

 

16. General Matters

16.1  If you authorise a third party to deal with us in relation to any question you may have regarding your Account with us, we will only deal with that third person where we are satisfied, in our sole and absolute discretion, that you have sufficiently authorised that person to so deal with us on your behalf. You acknowledge that where we reasonably form the opinion that the relevant person has your authority to deal with us, we are authorised to deal with that person as your representative.

16.2  If we do not exercise a right or remedy fully or at a given time, we can still exercise it later at our discretion.

16.3  We are not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy other than if we are negligent.

16.4  We may assign, novate, or transfer our rights and / or obligations under this Repayment Contract without your consent.

16.5  You cannot assign your Account or your rights under this Repayment Contract without our consent.

16.6  Notices from us may be electronic or on paper, and can be sent to your last address known to us. Communications from you must be identifiable as having been sent by you and be written in email, written on paper and posted, or (where we agree) oral (including when communicated by phone).

16.7  You must notify us as soon as possible if you change your name, postal address, email address or contact telephone number. We may give you any notice or other document by sending it to your last postal or email address appearing in our records, or by any other means that is not prohibited by law.

16.8  Subject to the terms of this Repayment Contract, a provision of this Repayment Contract, or a right created under it, may not be waived by us except in writing signed by us.

16.9  We may agree to vary your Repayment Contract or defer or waive any of these Terms and Conditions without creating a new Contract.

16.10  Subject to any statutory right of set-off that you may have and which we cannot exclude by agreement, you must make all payments in full and without applying any set-off of any kind.

16.11  New South Wales laws govern and apply to this Repayment Contract.

17. MEANING OF WORDS

Acceptable Purpose means bank or card transactions made by you and linked by you to your GlowPay Direct Account that are related to health, wellness or well-being as determined by us at our sole and absolute discretion. We may seek additional information from you or from third parties about the merchant, the merchant’s Goods and/or Services, or the nature of the transaction in making this determination.

Advance includes our payment made to you in response to your Finance Request under an accepted Payment Plan.

Application means your application to us for the provision of credit under a GlowPay Direct Repayment Contract.

 

Associated Transaction means a bank or card transaction made by you via your Nominated Account or other additional bank account linked to your GlowPay Direct Account, determined by us as being for an Acceptable Purpose.

Available Credit means the amount of unused credit at the relevant time being the Credit Limit less the balance of your GlowPay Direct Account at that time.

Balance means the difference between all amounts debited and all amounts credited to your GlowPay Direct Account.

Business Day means a day other than a Saturday or Sunday or a public holiday in New South Wales.

Consumer law includes the Australian Securities and Investments Commission Act 2001 and the Competition and Consumer Act 2010.

Credit Limit is the total amount of credit that, at the relevant time, GlowPay Direct has approved you to borrow under this Repayment Contract.

Default has the meaning set out in clause 11.

Finance Request means a request for finance submitted to us by you in accordance with these Terms and requesting finance from us equivalent to the amount of the “Associated Transaction” nominated by you and accepted by us, at our sole and absolute discretion.

GlowPay Direct Account means any account we open in your name for the purposes of this Repayment Contract.

Goods, Services, or Goods and Services means the goods and/or any services purchased by you from a Vendor.

Insolvent means being an insolvent under administration or insolvent or having a controller appointed (such as defined in the Corporations Act) such as being bankrupt, in receivership, in receivership and management, in liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or otherwise unable to pay debts when they fall due.

Nominated Account means your nominated bank account that is the subject of a direct debit authority or PayTo Agreement; or your approved card account with a financial institution that is to be debited under the recurring payment authority you provide to us to facilitate your payments to us under this Repayment Contract.

Payment Card means a credit or debit card that we are authorised to debit under an approved credit authority you provide to us.

Payment Plan means an agreement between us that is subject to these Terms and Conditions and otherwise documented in a Payment Schedule we issue to you following our acceptance of your Finance Request for an Advance under a Payment Plan.

Payment Schedule means that part of a Payment Plan document that set out, amongst other things, the payments that you are to make to us in respect of an Advance made by us under that Payment Plan.

PayTo Agreement means a payment agreement between you and us where you agree how much, and when, you will pay. You can find your PayTo agreements in your internet or mobile banking app.

 

Platform means our GlowPay Direct website and mobile application.

Repayment Contract means the contract comprising these Terms and Conditions and each of the Payment Plans accepted by us under these Terms and Conditions.

Subscription Fee means an amount you agree to pay us periodically for providing you with this GlowPay Direct Account benefit.

Terms and Conditions, or Terms means this document.

Vendor means a merchant, business or other service provider that you purchased Goods and/or Services from using your Nominated Account that forms the basis of the “Associated Transaction”.  We are in no way representing the Vendor, or endorsing the Goods and/or Services and refer you to clause 14.2.

We, our and us means Glow Payments Pty Ltd (ACN 666 911 084) and its successors and assigns.

You and your means the customer listed on the Payment Schedule. If there is more than one of you, each of you is liable for all obligations under the Contract individually and jointly. You includes your successors and assigns.

18. CONTACT US

Phone:  1300 12 GLOW (1300 12 4569)

Email:    care@glowpay.co

Mail:      Glow Payments

              Level 2, 11-17 York St

              Sydney NSW 2000

Web:     www.glowpay.co

Last updated: 7 December 2023

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