OpenPay - Terms & Conditions


Openpay Customer Terms and Conditions

These terms and conditions are applicable to the payment plan you have agreed to for the purchase
of an Australian Warranty Network product that has been provided directly to you by Extend Your Car
Pty Ltd (ABN 156 122 257 51).


1.    Your agreement with us
1.1 Your credit contract with Openpay Pty Ltd ACN 159 699 126 of Level 40, 120 Collins St,
Melbourne, VIC 3000 ("we/us") consists of:
(a)  these terms and conditions; and
(b) where you have financed a purchase under a Openpay Plan (being for multiple purchases), each
Openpay Plan emailed to you as a confirmation after the time of each purchase financed under the
credit contract.
1.2 You will be taken to have accepted the terms of this credit contract when you first pay a
deposit in accordance with clause 2.
1.3 By entering into this credit contract, you declare that all information you have given in
connection with it is accurate and not misleading and you are aware that we are relying on it.
1.4 When you apply for credit with us you will be required to provide the following personal
identification information for us to process your application: your name, address, date of birth,
mobile phone number and home phone number (or alternate secondary contact number), email address
and Australian driver’s licence.
1.5 We will not allow you to redraw any amount under your Plan in accordance with clause 9 or enter
into a new Plan, until you have made at least 20% of the repayments owing in connection with your
most recent purchase financed under a credit contract with us.

2.   Deposit
At the time you make a purchase which is, or is to be, financed under this credit contract, you
must pay Openpay a deposit equal to 10% of the purchase price unless the Extend Your Car advises
you otherwise, in which case your deposit will be confirmed in your Plan. This deposit must be paid
using a MasterCard or Visa debit or credit card in your name and is payable when making the
purchase via Extend Your Car. If the amount you wish to defer exceeds the limit set ("Credit
Limit") then you will be required to pay a larger deposit at the time of purchase to ensure that
you remain under the Openpay Credit Limit.

3.    Advancing Credit
3.1 Subject to payment of any deposit by you, we will finance the balance of the purchase price in
the amount specified in the relevant Plan by paying that amount to Extend Your Car
alian Warranty Network on your behalf and debiting that amount to your account with us.

4.    Payment Obligations
4.1You must repay the amount of credit we provide in relation to each purchase we finance by making
the repayments specified in the relevant Plan without set-off or deduction for any reason. You may
make any repayment sooner than its due date.
4.2 You may make the repayments in the following ways:
(a) by your Nominated Card;
(b) in cash in person at our office at Level 40, 120 Collins St, Melbourne, VIC 3000 between 9am to
5pm Monday to Friday; and
(c) by cheque or money order sent by post to GPO BOX 5262, Melbourne VIC 3001 quoting your Plan
Number.
4.3 Unless you inform us that you wish to make a particular repayment by cash, cheque or money
order, you direct and authorise us to charge the amount of any repayments to your Nominated Card
when the repayment is due.
4.4 If a repayment is made through your Nominated Card, you will incur a card processing fee as
specified in your Plan.
4.5 For all repayments made by card, you must ensure there are sufficient funds available through
the use of your Nominated Card account to allow the repayment to be charged to the Nominated Card
when it is due. You agree to notify us promptly in writing if the Nominated Card specified in any
Plan that forms a part of this credit contract or any other card you nominate to us as a means of
making payment is cancelled, suspended, due to expire or otherwise ceases to be a means by which we
may collect payments while payments remain owing. In this case, you must immediately nominate
another card or pay the outstanding balance of instalments and all other monies payable under this
credit contract.
4.6 You must pay us any government stamp, duty or tax that we may be required to pay in connection
with your purchase and any payments you make to us.

5.   Refund
If Extend Your Car approves a refund of the purchase price for any purchase financed under your
credit contract and notifies us accordingly, Openpay will refund the amount of any repayments you
have made by crediting those amounts to your Nominated Card account and you will not need to make
any further repayments in respect of that purchase. We do not charge you a fee in connection with
this, however we will not refund any processing fees you have paid.

6.    Default and its consequences
6.1 You default under this credit contract if:
(a) you fail to pay any money when due, or fail to comply with any of your other obligations under
this credit contract;
(b) you become bankrupt, are wound up or become subject to administration or receivership or any
similar thing under any law;
(c) the Nominated card is cancelled or suspended or our attempt to charge any amount payable by you
to it is declined for any reason; or
(d) we discover you gave us misleading or untrue information in relation to this credit contract.
6.2 If you default, we may terminate this credit contract by notice to you and require you to pay
us the Outstanding Balance under this credit contract including all future repayments (even if they
are not otherwise due) and all other money payable under this credit contract including late
payment fees, administrative fees and processing fees. You authorise us to charge such amount to
your Nominated Card account
6.3 If you are in default we may engage a debt collector. You must pay for any reasonable
enforcement expenses we incur.
6.4 If you default, we may apply any previously nominated card to any outstanding amounts on your
Plan.
6.5 If you default we may attempt repayment to your nominated card in any manner and any amount we
choose, processing fees will apply to each of these payments.
6.6 You acknowledge that if you default under these terms and conditions and remain in arrears for
a period of more than two weeks, Openpay will provide written notification to both Extend Your Car
and Australian Warranty Network of this default. You acknowledge that in this circumstance, your
policy will be cancelled from the date in which this written notification was provided.
6.7 You acknowledge that Australian Warranty Company will not transfer any policy which is still
under finance with Openpay.

7.    Dealing with our rights and obligations
7.1 We may assign or novate to any person or entity or otherwise deal in any manner with any of our
rights, obligations or interests under this credit contract and you consent to us assigning or
novating this credit contract.

8.   Notices
8.1 You agree that we may give you any notice or document regarding this credit contract and
otherwise communicate with you by email, post or personal delivery to the addresses you notify to
us.
8.2 You may give us any notice or document regarding this credit contract by email to
info@myopenpay.com.au by post or by delivery to our office at Level 40, 120 Collins St, Melbourne,
VIC 3000.
8.3 You agree to notify us promptly in writing if you change your name, address or email address.

9. Subject to clause 1.5, you may draw down any Available Credit under this credit contract to
finance future purchases with any of the current Open Plus Participating Retailers. An
establishment fee may be payable when you enter into this credit contract and a redraw fee is payable when you draw down any of the Available Credit under the second and each subsequent Open Plus Plan forming part of this credit contract.
9.1 This credit contract continues until the sooner of:
(a)   termination by us upon your default under clause 6.2;
(b) termination by us under clause 9.4; and (c )  termination by you under clause 9.5.
9.2 After the expiry of all Openpay Plans forming part of this credit contract, we can terminate
this credit contract at any time without cause by notice to you.
9.3 You can terminate at any time by contacting us.
9.4 On termination of this credit contract for any reason, you must immediately pay all amounts
owing under this credit contract without set-off or deduction.
9.5 If for any reason the Outstanding Balance exceeds the Credit Limit, you must immediately make
such payment as is necessary to reduce the Outstanding Balance to the amount of the Credit Limit.
9.6 The aggregate of the fees in connection with your Open Plus Plan (excluding Late Payment Fees
and the Debt Acceleration Fee) is capped as follows:
• In the first 12 months after commencement of this credit contract $200
• In each subsequent 12 month period  $125

10. Relationship between Openpay and Extend Your Car
10.1 Extend Your Car pays Openpay a fee in respect of each Openpay Plan.
10.2 This Agreement does not, as between the parties, create a relationship of employer and
employee, principal and agent, partnership or joint venture. Extend Your Car and Australian
Warranty Network are independent of Openpay.

11. Interpretation
Capitalised words and phrases have the meaning given to them in the Plan(s) or in these terms and
conditions including this clause 10. The following words and phrases have the following meanings:
(a) Available Credit at any time means the difference between the Credit Limit and the Outstanding
Balance at that time.
(b) Credit Limit means the credit limit specified in a Openpay Plan forming part of this credit
contract.
(c) Fee means any fee specified in the "Fees" section of any Openpay Plan that forms a part of this
credit contract. The repayment amount quoted to you by Extend Your Car is inclusive of processing
fees. These processing fees are $3 per weekly payment and $5 per fortnightly payment.
(d) Repayment means any repayment specified in the "Repayments" section of any Openpay Plan that
forms a part of this credit contract.
(e) Openpay Product means Openpay Express or Open Plus as specified in the "Openpay Product"
section of your Plan(s).
(f) Nominated Card means the payment method specified in the "Nominated Card" section of a Plan
that forms a part of this credit contract including any card you later notify us in substitution
for that card.
(g) Outstanding Balance at any time means the aggregate of all amounts owing under this credit
contract at that time.
(h) Participating Retailer means a merchant that allows you to use Openpay to finance a purchase
from that merchant.
(j) Term means, in relation to a credit contract for an Openpay Plan, the period specified in the
initial Openpay Plan which forms part of this credit contract.

 

Privacy Statement and Consent
You agree that we may collect your personal information to identify you, process any applications
you make, provide our services to you, and for our own internal business development purposes.
Unless you tell us not to, we may also use your information to let you know about products or
services that may interest you. We may also share your information with the Participating Retailer
or Service Provider at which your Openpay Plan Purchase was made. Your personal information may
also be disclosed to a debt collector if you are in default. We may obtain a credit report about
you in connection with your Openpay Plan and you consent to us doing this. A credit reporting body
(CRB) may include information about you in credit reports to credit providers (such as us) to
assist them to assess your creditworthiness. If you fail to meet your payment obligations or if you
commit a serious credit infringement, we may be entitled to disclose this to a CRB. The CRB we use
is Veda whose policy on the handling of personal information related to credit can be found at
www.veda.com.au/privacy .You have a right to request a CRB not to use your information for the
purposes of pre-screening direct marketing and you can also request a CRB not to use your
information if you believe on reasonable grounds that you have been or are likely to be the victim
of fraud.

We may be required to collect your information by the Anti-Money Laundering and Counter- Terrorism
Financing Act 2006. If you do not provide us with your personal information we may not be able to
provide our services to you.

We may disclose your personal information to our related bodies corporate and service providers.
Openpay's Privacy Policy sets out how we manage the personal information we hold (including
information about your credit) and how you can seek access to, or the correction of, the
information we hold about you. It also sets out how you may complain about our information
handling practices and how we deal with such complaints.