1 This Agreement
1.1 This Agreement sets out the terms upon which you:
(a) may establish a Loan Account with Refundid. Please refer to clause 2 for further details;
(b) may use that Loan Account to apply to Refundid for Loans equal to the value of the Refunds payable to you by Participating Retailers (under their respective Returns Policies) for Products which you purchased from those Participating Retailers and agree to return to the Participating Retailers under and pursuant to their Returns Policies. Please refer to clause 3 for further details;
(c) assign to Refundid your right to receive a Refund for the Products that you return to the Participating Retailers in accordance with their Returns Policies. Please refer to clause 3 for further details; and
(d) agree to pay Charges to Refundid and allow Refundid to recover any Loan Amounts. Please refer to clauses 6 to 8 for further details.
1.2 You acknowledge that this Agreement is a credit contract that is not governed by the NCC.
1.3 This Agreement commences on the date that Refundid activates your Loan Account and continues until this Agreement is terminated in accordance with clause 13.
2 Establishing your Loan Account
2.1 By accepting these Terms you agree to establish a Loan Account with Refundid.
2.2 You may only open one Loan Account with Refundid at any one time. To be eligible to open a Loan Account you must:
(a) be an individual who is at least 18 years old;
(b) be capable of entering into a legally binding contract;
(c) have a valid and verifiable email address and Australian mobile telephone number;
(d) have a bank account with an Australian bank; and
(e) provide Refundid with a copy of a valid Identity Document which contains your real name and true and correct personal details.
2.3 We may impose a Loan Limit on Loans that you apply for under this Agreement. If we do impose a Loan Limit you will be notified through the Refundid Platform or by email. We may change any Loan Limit from time to time. If a Loan Limit is in place, you will not be able to obtain any Loan where the Loan Amount would exceed the Loan Limit.
2.4 By entering into this Agreement, you represent and warrant that all details provided by you are true and accurate and that you are eligible to open a Loan Account.
2.5 Your Loan Account cannot be used by or transferred to any person other than you.
3 Submission of your Product Loan Requests and the issue of Loans to you
3.1 Product Loan Requests initiated by you will be processed by Refundid on the Refundid Platform in accordance with this Agreement. As part of the Product Loan Request you will need to provide details of the Product you are returning. A Product Loan Request will only be approved if:
(a) the requested Loan Amount is less than any Loan Limit which applies;
(b) you purchased the Product from a Participating Retailer;
(c) the email address you used for the relevant online purchase is registered on your Loan Account; and
(d) it meets any other requirements as specified by Refundid from time to time.
3.2 You agree that when you submit a Product Loan Request to Refundid (i.e. when you request a Loan under or using the Loan Account) you agree:
(a) to return the applicable Products which you have purchased from the Participating Retailer to that Participating Retailer in accordance with their Product Returns Policy;
(b) that the amount of the Loan which you request will be limited to the value of the Refund that is payable for the relevant Products which you have agreed to return to the Participating Retailer; and
(c) to assign to Refundid the right to receive the amount of the applicable Refund payable by the Participating Retailer on return of the Products and that that this amount will be applied by Refundid against the balance of your Loan Account.
3.3 Refundid will lend you the Loan Amount by way of direct deposit into your Nominated Bank Account after the Product Loan Request has been approved by Refundid. If you choose to purchase a shipping label via Refundid then the cost of the shipping label will be deducted from the amount paid to your Nominated Bank Account and Refundid will purchase the shipping label from the shipping label provider on your behalf. For the avoidance of doubt, the Loan Amount includes the amount paid into your Nominated Bank Account and any amount paid to a shipping label provider on your behalf.
3.4 Refundid will use SPLIT Payments as a third party service provider to pay Loan Amounts to your Nominated Bank Account and deduct relevant Charges from your Nominated Bank Account. You authorise SPLIT Payments to process those payments and deductions to your Nominated Bank Account and you accept the terms of the SPLIT Direct Debit Agreement. The SPLIT Direct-Debit Agreement means the Direct Debit Request (www.splitpayments.com.au/ddr) and the Direct Debit Request Service Agreement (www.splitpayments.com.au/ddrsa), as updated by SPLIT Payments from time to time.
3.5 If you enter into this Agreement but choose not to seek a Loan for a Product which you wish to return to a Participating Retailer, you are still able to return that Product to the Participating Retailer and seek a Refund directly from the Participating Retailer in the usual way.
4 Your Access to the Refundid Platform
4.1 When Refundid establishes your Loan Account we will provide you with access to the Refundid Platform.
4.2 You must:
(a) keep your login details and password for the Refundid Platform secret and confidential;
(b) not share those details with any other person;
(c) not use or seek to use the Refundid Platform for illegal or fraudulent purposes or assist any other person to do so; and
(d) inform Refundid without undue delay upon becoming aware of the loss, theft, misappropriation or unauthorised use or disclosure of your log in or password details or any unauthorised use of your Loan Account.
4.3 You must comply with any guidelines we issue or notify to you concerning the use of the Refundid Platform.
5 Requirements applicable to the return of Products
5.1 When you have made a Product Loan Request you must, within 3 Business Days, purchase tracked postage and input details of the tracking number into the Refundid Platform (unless you purchase or receive a shipping label from Refundid).
5.2 You must, within 7 days of either inputting a tracking number into the Refundid Platform as outlined in clause 5.1 or purchasing a shipping label from Refundid in accordance with clause 3.3, post the relevant Product back to the Participating Retailer who sold you the Product. Refundid will use the tracking number associated with the shipping label you purchased from Refundid or the tracking number you have inputted into the Refundid Platform to determine whether you have posted the Product.
5.3 Refundid may charge you Charges under clause 7.2(c) if you do not lodge the tracking number within 3 Business Days of the date of the Product Loan Request. If you do not provide a tracking number within 6 Business Days of the Product Loan Request or if you do not post the Product back to the Participating Retailer who sold you the Product in accordance with clause 5.2, Refundid may then deduct the Loan Amount and any applicable Charges under clause 7.2(c) from your Nominated Bank Account.
5.4 You will be responsible for the costs of returning the relevant Product to the Participating Retailer, unless the Participating Retailer agrees to reimburse you for those costs. Refundid is not responsible for and will not reimburse you for these costs unless expressly requested to do by the Participating Retailer.
5.5 You acknowledge that the Participating Retailer will assess your request for the Refund and the Products which you return. The Participating Retailer may decline your request for a Refund (Refund Rejection Decision) if:
(a) the Product is not returned to the Retailer within 21 days of you submitting the Product Loan Request;
(b) the Participating Retailer considers the Product returned by you does not qualify for a Refund under their Product Returns Policy (eg. the Product is damaged, stained or incomplete);
(c) there is an inconsistency between the Participating Retailer’s sales records and the Product Loan Request; or
(d) another applicable reason to reject the return of the Product applies.
5.6 If a Product has not been received by the Participating Retailer within 21 days of the date of the Product Loan Request (for example, if lost in the post), then Refundid reserves the right to deduct:
(a) the Loan Amount; and
(b) any applicable Charges,
from your Nominated Bank Account. In this circumstance it will be Your responsibility to claim on any transit insurance that may apply.
5.7 If you are not satisfied with any Refund Rejection Decision made by a Participating Retailer, you will need to contact the Participating Retailer directly and resolve the issue with the Participating Retailer. Refundid will not be responsible for any Refund Rejection Decision made by a Participating Retailer or for mediating or resolving any disputed Refund Rejection Decision.
5.8 If a Participating Retailer makes a Refund Rejection Decision for any Product which you have returned, you must contact the relevant retailer to discuss the return of the Product to you (if required by you) and payment of those costs. Refundid is not responsible for returning any rejected Product to you or for the costs of returning any rejected Product to you.
6 Repayment of your Loan
6.1 Refundid will forgive a Loan on receipt by Refundid of payment from the Participating Retailer of the amount of the Refund (providing it is no less than the Loan Amount).
6.2 If a Participating Retailer makes a Refund Rejection Decision then Refundid may deduct:
(a) the Loan Amount; and
(b) any applicable Charges,
from your Nominated Bank Account.
6.3 Refundid reserves the right to deduct from your Nominated Bank Account any amount you are paid by mistake (including where a Refund is incorrectly paid to Refundid and must be repaid to the Participating Retailer).
6.4 Refundid reserves the right to deduct from your Nominated Bank Account any amount you are paid in error by a Participating Retailer (for example where the Participating Retailer provides a Refund directly to you instead of using the Refundid Platform, or wrongly accepts a Product Return).
6.5 If you receive a Loan in respect of a purchase made through a BNPL service, you are required to continue to pay the full BNPL instalments in accordance with the BNPL terms. This Agreement does not vary the BNPL terms.
7 Charges payable to Refundid
7.1 Refundid may charge you the following Charges (each Charge includes GST) if any of the following defaults occur:
(a) If your Product Loan Request is rejected because it was dishonest or lodged in bad faith, we may charge you $10;
(b) If you fail to follow the Participating Retailer’s Product Returns Policy and the Participating Retailer issues a Refund Rejection Decision, we may charge you $5;
(c) If you do not lodge the tracking number for the returned Product on the Refundid Platform within 3 Business Days from the date of the Product Loan Request we may charge you $2 per day for every day the tracking number is not provided. If after 6 Business Days (from the date of the Product Loan Request) the tracking number has not been provided, Refundid may deduct the Loan Amount and an additional $5 dishonour charge. The $2 per day charge will stop being charged on this day.
(d) If a Refund Rejection Decision occurs due to a genuine mistake by you, such as returning the incorrect item instead of the Product or you make a mistake in entering required details into the Refundid Platform, we may charge you $1.
7.2 The Charges payable for a default are calculated to take into account the extra costs imposed on Refundid as a result of the relevant default, including the costs of increased administration and additional financing costs. You agree that the amounts specified are not a penalty but constitute a genuine pre-estimate of the loss and damage that Refundid will suffer if a default occurs.
7.3 Refundid may at its discretion waive any of the Charges or charge $0 if any Product Rejection Decision is the result of a mistake on behalf of Refundid or in exceptional circumstances.
7.4 Refundid will notify you when Charges have been deducted from your Nominated Bank Account and will provide a reason for deducting the Charge.
7.5 You are responsible for ensuring that you have sufficient funds in your Nominated Bank Account to cover all Charges and other deductions (including the deduction of Loan Amounts) that Refundid is entitled to make under this Agreement. By entering into this Agreement and opening a Loans Account, you are providing enduring payment consent for Refundid to deduct Charges and other deductions (including the deduction of Loan Amounts) that Refundid is entitled to make under this Agreement from your Nominated Bank Account until such time as your Loans Account has been closed.
7.6 If a direct debit from your Nominated Bank Account fails, you authorise Refundid to satisfy any monetary liability you owe to Refundid by debiting the Nominated Bank Account at a later time or date.
7.7 Refundid will contact you directly to arrange payment via different means if there are inadequate funds in your Nominated Bank Account for Refundid to deduct Charges and other deductions (including the deduction of Loan Amounts) that Refundid is entitled to make under this Agreement.
7.8 Refundid reserves the right to escalate any unpaid Charges or other deductions (including the deduction of Loan Amounts) and may engage a debt collection agency or pursue other legal avenues. This may increase the amount you owe Refundid and have an impact on your credit rating.
8 Changes to the Charges
8.1 We may change or increase the Charges from time to time during the term of this Agreement. We will give you at least 14 days' notice of any increase or change by email and/or via the Refundid Platform. Any change or increase will only apply to any Loan which you request after the notice period has expired. If you do not agree to the changes or increases you may terminate this Agreement within the 14 day notice period by giving Refundid notice of termination.
9 Liability and Indemnity
9.1 To the maximum extent permitted by law, Refundid's total aggregate liability to you in connection with this Agreement and the operation of the Refundid Platform for any breach of this Agreement by Refundid, any negligent act or omission by Refundid or any other cause, will be limited to the total Charges which you have paid to Refundid in the first 3 months of the term of this Agreement.
9.2 All conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non-supply or delay in supplying the Refundid Platform and/or any services provided by Refundid are excluded to the maximum extent permitted by law.
9.3 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified. To the extent permitted by law, Refundid's liability for a breach of a non-excludable guarantee is limited, at Refundid's option, to:
(a) in the case of goods – the replacement of the goods or the supply of equivalent goods, the repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired, and
(b) in the case of services – the supplying of the services again or payment of the cost of having the services supplied again.
9.4 In no event will Refundid be liable for any act or omission of any third party, including but not limited to a financial institution, any payment system, any third party service provider, any provider of telecommunications services, internet access or computer equipment or software, any payment or clearing house system or for any losses caused by circumstances beyond Refundid's control including a force majeure event (as described in clause 14).
10 Risk & Title in the Products
10.1 Risk and title in the Products will not pass to Refundid at any time, unless indicated otherwise in the Participating Retailer's Product Returns Policy.
10.2 Risk in returned Products will be with you until they have been delivered to the Participating Retailer.
10.3 Title in returned Products will pass from you to the Participating Retailer in accordance with the Participating Retailer’s Product Returns Policy.
11.1 Any expression used in this clause 11 and which is defined in the A New Tax System (Goods and Services Tax) Act 1999 has the same meaning in this clause 11.
11.2 Unless otherwise expressly stated, all amounts stated to be payable by you under these Terms are inclusive of GST.
11.3 If GST is payable on any supply made under or in accordance with these Terms, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made under these Terms, subject to the provision of a tax invoice by the supplier to the recipient.
12 Privacy and Data Protection
12.2 To the extent that Refundid collects, uses or discloses Personal Information of any nature in connection with this Agreement, Refundid must:
(a) comply with the Privacy Act 1988 (Cth); and
(b) use and disclose such Personal Information only for the purposes specified in this Agreement.
13 Termination and suspension
13.1 You or Refundid may terminate this Agreement at any time by providing the other party with 7 days' notice of termination.
13.2 Refundid may terminate this Agreement if any of the following apply:
(a) you breach this Agreement and fail to rectify that breach within 7 days notice from Refundid;
(b) a judgment, order or encumbrance is enforced, or becomes enforceable upon any of your property or you are declared bankrupt or insolvent;
(c) you have insufficient funds in your Nominated Bank Account to allow Refundid to deduct any Charges or any amounts which we are entitled to deduct under clause 6.2 or 6.3; or
(d) Refundid suspects that your use or attempted use of the Refundid Platform is dishonest, fraudulent or is otherwise illegal; or
(e) if Refundid is directed or requested to do so by any police force or regulatory authority or Refundid is or becomes unable to lawfully comply with its obligations due to any law or regulatory requirement.
13.3 On termination of this Agreement under this clause 13, Refundid retains its rights against you in respect of any past breach of this Agreement and any other amounts (including Loan Amounts) or Charges owed, in addition to any other rights, powers or remedies provided by law. A link with your Nominated Bank Account will be maintained by Refundid until all amounts including Charges owing by you have been paid, including any amounts which we are entitled to deduct under clause 6.2 or 6.3.
13.4 On termination of this Agreement (however arising) Refundid will suspend your Loan Account however you will remain responsible for paying to Refundid all Charges and other amounts which Refundid is entitled to deduct under clause 6.2 or 6.3 from your Nominated Bank Account.
13.5 Refundid may at any time suspend or cancel your right to access the Refundid Platform, which will prevent you from submitting Product Loan Requests if:
(a) you breach this Agreement;
(b) Refundid becomes entitled to terminate this Agreement; or
(c) one or more Participating Retailers issue multiple Refund Rejection Decisions in respect of Products which you were required to return.
14 Force Majeure
14.1 Refundid is not liable for any delay or failure to perform an obligation (other than to pay money) under this Agreement caused by an act of God, fire, war, insurrection or other armed conflict, riot, vandalism or sabotage, strike, lockout, ban, transport or port accident or congestion, pandemic, epidemic, quarantine of persons or goods, limitation of work or other industrial disturbance or any law, rule, regulation, order, requirement or restraint imposed by any government or governmental agency whether local, state, national or international.
14.2 The performance of Refundid's obligations under this Agreement is suspended for the period of delay caused by a force majeure event to the extent performance is prevented by such event from the date on which notice is given by Refundid, and any such non-performance or delay in performance of this agreement will not be a breach of this Agreement.
15 Dispute Resolution
15.1 If you have a dispute with a Participating Retailer, you must file a dispute through direct contact with the Participating Retailer.
15.2 If you wish to raise a dispute or submit a complaint to Refundid, you should do so by contacting Refundid using the details listed below:
Email: [email protected]
15.3 If a dispute or difference arises between you and Refundid arising out of or in any way connected with this Agreement, then Refundid will aim to:
(a) acknowledge receipt of all complaints within 5 Business Days; and
(b) resolve all complaints within 15 Business Days, and we will notify you if resolution is taking longer than that.
15.4 We may request additional information or documentation from you to assist Refundid in resolving any complaints or disputes, and you must provide all reasonable assistance to us.
16.1 These Terms and any application we ask you to provide constitute the entire agreement, understanding and arrangement (express and implied) between you and Refundid relating to the Refundid Platform and the Loans Refundid provides to you and supersedes and cancels any previous agreement, understanding and arrangement relating to the same, whether written or oral.
16.2 You agree that Refundid may update these Terms and may change, remove, or insert conditions governing the use of any feature or element of the Refundid Platform by giving 14 days’ prior notice to you. Such notice may be given on any Refundid website, the Refundid Platform, or otherwise by email to you. Any change will only apply to any Loan which you request after the notice period has expired. If you do not agree to any changes you may terminate this Agreement within the 14 day notice period by giving Refundid notice of termination.
16.3 Any notice, approval, consent or other communication by a party under this Agreement (Notice) must be in writing and delivered by post or email to a party at the address or email of that party provided in the Refundid Platform or as otherwise specified by a party by Notice.
16.4 This Agreement is governed by and is to be construed according to the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
16.5 If any part of this Agreement is, or becomes, void or unenforceable, that part is, or will be, severed from this Agreement so that all parts that are not, or do not become, void or unenforceable remain in full force and effect and are unaffected by that severance.
16.6 A failure to exercise or delay in exercising any right, power or privilege by any party will not operate as a waiver of that right, power or privilege. A single or partial exercise of any right, power or privilege will not preclude any other or further exercise of that right, power or privilege, or the exercise of any right, power or privilege. A waiver of any rights of any party will not have any force or effect unless and until the same is executed by the party whose rights are waived.
16.7 Refundid may assign, novate or otherwise transfer its rights and obligations to another party by giving you notice in writing.
17 Meaning of Terms used in this Agreement
In these terms and conditions:
Agreement means these Terms and any application which you submit to Refundid.
BNPL means a Buy Now Pay Later service, such as Afterpay or Zip.
Business Day means a day which is not a weekend, bank holiday or a public holiday in New South Wales.
Charge means a charge made by Refundid under clause 7.2;
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Identity Document means a valid form of identity which is unique to you, such as a passport, Australian driver’s licence or Medicare Card.
Loan means a loan provided by Refundid to you under this Agreement in response to you submitting a Product Loan Request.
Loan Amount means the amount of a Loan.
Loan Account means your account with Refundid for managing Loans.
Loan Limit is the maximum Loan Amount as notified by Refundid under clause 2.3.
NCC means the National Credit Code.
Nominated Bank Account means a bank account in your name which will be used for processing Loans sand Charges.
Participating Retailer means a vendor of goods who has agreed to participate in the Refundid Platform and accept requests for Refunds through the Refundid Platform;
Personal Information has the meaning given to it in section 6 of the Privacy Act 1988 (Cth).
Product means the item purchased by you from a Participating Retailer which is being returned by you to the Participating Retailer.
Product Loan Request means a request from you to receive a Loan, lodged on the Refundid Platform, and under which you assign the right to receive the amount due to you from the Participating Retailer to Refundid in return for the Refund.
Product Returns Policy means the published policy and guidelines set by the Participating Retailer for Product Returns and Refunds, as may be updated from time to time by the Participating Retailer.
Refund means a refund payable by a Participating Retailer for the return of a Product to the Participating Retailer in accordance with the Participating Retailer’s Product Returns Policy.
Refund Rejection Decision has the meaning provided by clause 5.3;
Refundid, We or Us means Refundid Pty Ltd (ABN 90 642 621 770).
Refundid Platform means the platform operated by Refunded to manage Loans issued to Customers and the collection of Refunds from Participating Retailers, and includes any related App provided by Refundid to Customers.
SPLIT Payments means SPLIT Payments Pty Ltd (ACN 604 057 598).
Terms means these terms and conditions, as updated from time to time by Refundid.