Terms and Conditions of Service
deferit Pty Ltd (ABN 79 623 547 473)
The terms “us” or “our” or “we” refer to Deferit Pty Ltd, the owner of the platform, whose registered office is located in New South Wales. The term “you” or “your” refers to the product user.
Any reference to our platform in these terms and conditions is also a reference to our app.
- Our platform allows you to defer and manage your bills. We offer two products: “Deferit Pay in 4” and “Deferit Pay in 1” which have different payment cycles (see Bill Payment section below). The Deferit Pay in 4 product allows you to split your bill payment into 4 instalments. The “Deferit Pay in 1” allows you to make one payment but defer your instalment to us for five days.
- By deferring a bill with us, you (as the registered account holder) provide us with unconditional and irrevocable consent and direction to pay the bill issuer in consideration for your agreement and obligation to pay us, together with any additional applicable fees.
- All deferrals are subject to our approval. For more information on assessment and checks, see section titled “Approval, verification and checks”.
- Fees: Deferit Pay in 4 - $9.99 per month for up to $2,000.00 in bill balance. You only pay the monthly fee if you have an outstanding balance at the start of the month. No monthly fee is payable for using “Deferit Pay in 1” only. No interest and no late fees. For more information on fees, see section titled “Fees”.
Your use of this platform is also subject to the below terms and conditions.
- The content on the platform is for your general information and use only. It is subject to change without prior notice.
- The platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the platform. Any reproduction of the platform’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this platform, which are not the property of, or licensed to us, are acknowledged on the platform.
- Unauthorised use of this platform may be a criminal offence and/or give rise to a claim for damages.
- This platform may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. We do not endorse, approve of or recommend those third-party websites, and are not responsible for the information, graphics and material they contain.
- Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this platform for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
- To the extent permitted by law, we do not guarantee continuous, uninterrupted or secure access to our platform.
Limitation of Liability
- Your use of any information or materials on this platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this platform meet your specific requirements. Any information contained on the platform is not intended to be financial advice and does not take into account any user’s objectives, financial situation or needs.
- You acknowledge that we do not have any control over, and are not responsible or liable for, the services or products provided by your biller that you request us to pay.
- Every effort is made to keep the platform up and running smoothly. However, we take no responsibility for, and will not be liable for, the platform being temporarily unavailable due to technical issues beyond our control.
- Subject to any rights implied by law which cannot be excluded, our liability to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, costs, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to our platform or our products is limited to the value of the affected bill (including late fees) which you uploaded.
- Neither party (including our related bodies corporate, employees, directors or any third-party providing services on our behalf), will be liable for any consequential loss arising under contract or tort.
- To the extent permitted by law, a party’s liability to the other party under or in connection with these terms and conditions is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage. The parties will take all reasonable steps to mitigate any loss incurred by them under these terms and conditions.
Processing and bill payments
On business days, we process all bills submitted before 5:00 PM AEST on the same day. For a bill to be processed, it needs to be validly uploaded in your account on the platform. We do not accept bills via email, messenger, or any other means. If a bill is submitted after 5:00 PM AEST on a business day or at any time during a non-business day, the bill will at the latest be processed on the next available business day. Business days refer to business days as in NSW. The following is an indicative estimate of the time it may take for payments to clear with your bill issuer once your bill is approved and paid, which you accept when using our service:
We bear no liability for any late fees you may incur if your biller receives our payment in accordance with the above timetable.
You indemnify us or any of our related companies from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis):
- in connection with any claim or demand made by any third party due to or arising out of your breach of these terms and conditions, or your breach of any law or of the rights of a third party relating to your use of our products or platform; and
- as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence.
Your liability under this section will be reduced proportionately to the extent that we, our contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
- Your use of and access to our platform may be terminated at any time by us without notice. These terms and conditions will survive termination.
- All amounts owing to us survive termination.
- You may only close your account with us if all amounts owing to us have been paid in full.
- To close your account, please complete our online support form. Please note you will not be able to use our service again for a period 12 months following the closure of the account.
Approval, verification and checks
- You must be over 18 years old to use the platform and be capable of entering into a legally binding contract.
- All validly submitted applications to use our products are subject to our internal approval criteria, as amended from time to time. We may choose not to approve you based on our risk assessment checks. If your application is denied, you will be notified immediately. If your bill due date is within or shortly after this timeframe, we are not responsible for any late fees you may incur if you are required to pay your biller directly.
- Each deferral you submit is also assessed accordingly to our eligibility criteria. We may choose not to approve a deferral at our sole discretion. If you have any overdue payments with us, we will not approve any further deferrals.
- As part of our approval process and our assessment as to whether or not you have the capability to fulfil your obligation to make future payments to us, we charge your first payment before paying your bill in full.
- We reserve the right to verify your identity and credit worthiness. You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments to us. This may include ordering a credit report, performing other payment capability checks and verifying information (including but not limited to personal information) you provide against third party databases.
- You agree and confirm that you are authorised to provide the personal details presented and consent to your information being checked with either (i) third party databases which may make use of credit header data and/or (ii) the document issuer or official holder via third party systems for the purpose of confirming your identity. Should you wish for us to check your identity via method (ii) only, please fill out our online support form requesting this before confirming and verifying your details on the platform.
- You authorise us (or any third parties providing services on behalf of us) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your account.
- When you create and use your account, you are establishing a continuous contract with us (the Product).
- The Product will have a specified limit. Multiple advances are available up until this limit. As you make successful payments to us, the amount of available balance ordinarily increases up to your determined limit.
- If you are not utilising the Deferit Pay in 4 Product, you will not be charged any fee. In such a case, the Deferit Pay in 4 Product is still active and has not been closed, and you can use it at any time in the future.
- If you are only using the Deferit Pay in 1 Product, no monthly fee will be charged. If you are not utilising the Deferit Pay in 1 Product, it will remain active and is available to you to use at any time in the future.
- For using Deferit Pay in 4, a $9.99 fee (Monthly Fee) for up to $2,000.00 in bill balance (limit). The Monthly Fee is a fixed fee which you pay only when you are using the Deferit Pay in 4 Product. There is no monthly fee for the Deferit Pay in 1 product.
- The Monthly Fee for a Contract is payable on: (i) your first payment if you do not have any outstanding account balance in that month or (ii) the first of the month, if you have existing balance with us on that first day of the month (unless you have already paid a Monthly Fee in the previous 7 days).
- Any payments made on the platform will be subject to a fee equal to 1.5% + 20c (Processing Fee). The Processing Fee is comprised of a card surcharge (0.97% + 20c) and a payment transaction fee (0.53%) applicable to all payments made on the platform. The payment transaction fee covers payment services such as maintaining payment systems and infrastructure, managing the payment services and reporting, payment fraud monitoring and maintaining the security and integrity of all data relating to the provision of payment services.
Failure to pay
- Whilst we do not impose late fees, if you fail to (i) make your bill payments as per your schedule and pay the monthly fee, or (ii) pay the monthly fee, you acknowledge that you have failed to pay us.
Bill Payment Schedule and Bill Amount
- Deferit Pay in 4: Your nominated bill amount will be divided into four equal fortnightly payments. You will be required to pay these as they fall due.
- Deferit Pay in 1: Your nominated amount will be paid in one payment and we will only debit the funds from your card five days after the transaction date. We may reserve the amount on your card on the transaction date (but not debit it) to ensure you can fulfill your payment obligation to us.
- Any bills that require online payment and which have further fees imposed by the biller when making that payment on your behalf will be added to the nominated bill amount.
- We will automatically charge directly to your nominated payment source in accordance with your payment schedule. By deferring a bill you hereby expressly consent to authorise and instruct us to deduct the pre-set amounts from your nominated payment source for the amounts owing on the relevant dates.
- If you have missed a payment, you authorise us to attempt to process this payment again on any card linked in your account at a later date at our discretion.
- Any payments made by card on the platform will be subject to a 1.5% + 20c card surcharge.
- You are responsible for ensuring that you have sufficient funds in your nominated payment source or the underlying account which funds that nominated payment source. You are responsible for ensuring that you have available funds to make payments. You are liable for any fees or charges imposed by your bank for any payments we attempt to process in accordance with these terms and conditions.
Pre-authorisation of a payment source
We reserve the right to conduct a pre-authorisation of a nominated payment source. This may involve placing funds in the account linked to your nominated payment source on hold each time you attempt to submit a new deferral or add a new card to your account. We immediately instruct your bank to void this pre-authorisation transaction. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available.
- If we are unable to pay a bill due to an issue with the bill provider not accepting the payment (for example last payment date exceeded or change of bill amount) we will refund all payments made on that bill and cancel the bill.
- We are unable to refund payments where the bill has been paid as the funds have already been paid to the bill provider. Please contact your biller for them to issue you with a refund instead.
- In cases where funds are returned to us by the biller for a bill, we will issue a refund on all payments made on that bill. This refund of the payments will only be made after the money has been successfully returned back to us. Refunded payments can take up to 10 business days to reach a bank account, depending on banking institution policies.
- Your use of this platform and any dispute arising out of your use of it is subject to the laws of New South Wales.
- You may only use the platform for lawful purposes and in a manner consistent with the nature and purpose of the platform.
- These terms and conditions may be amended from time to time. Your continued use of our service following any such amendments will be deemed to be confirmation that you accept those amendments. Each time you use our service to defer a bill, you are agreeing to our terms and conditions at the relevant time. If you do not agree with the amendments, you may choose not to upload any further bills and can close your account with us in accordance with the “Termination” section. We will send you an email notification outlining any changes to our terms and conditions if we later amend them.
- You cannot transfer or assign any rights you may have with us without our prior written consent. We may transfer or assign any right we have with you to a third party without obtaining consent. This will not affect your rights and obligations under these terms and conditions
- You agree that any failed payments from you to us may constitute an overpayment by us to your biller, and to the extent we are able to, we may seek to recover funds from the biller.
- Headings contained in this document are for reference purposes only.
- You agree that all notices may be sent to you electronically.
Complaints and disputes
- If you have a complaint with your bill provider, you should contact them directly.
- If you wish to lodge a complaint or dispute with us, you should do so by completing our online support form and detail your dispute in writing.
- We aim to resolve all complaints within 14 days after receiving them. We may request that you provide further documentation in order for us to resolve your dispute.
- If you are not satisfied with the outcome of your complaint after it has been through our internal complaints process, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.