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User Agreement

Welcome to RentPay!

This user agreement is a contract between you and RentPay Technology Pty Ltd ACN 636 254 709, DE ID:616839 governing your use of your RentPay account and the RentPay services.

You must be a resident of Australia and at least 18 years old to open a RentPay account and use the RentPay services.

By opening and using a RentPay account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and agreements:

Please carefully read all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you. If there is any inconsistency between this user agreement and any of the above policies, the incorporated policy will prevail.

We may revise this user agreement and the incorporated policies listed above. The revised version will be effective at the time we specify. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide notice to you of at least 30 days. You agree to receive notices electronically. By continuing to use our services after any changes to this user agreement become effective, you agree to comply with those changes. If you do not agree with any changes to this user agreement, you may close your account.

  1. Communications Between You and Us

This agreement and any other agreements you have with us may be provided electronically. RentPay may communicate with you about your RentPay account and the RentPay services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Except as otherwise set out in this agreement, written notices to RentPay must be sent by postal mail to:

RentPay Technology Pty Ltd
GPO Box 2543
Perth WA 6001

  1. Opening an Account

Your RentPay account lets you do things like:

  • Add money to your account using your debit card, credit card, bank account, BPay or other payment methods.
  • Pay your rent and other housing bills using your RentPay balance.
  • Gain access to other features such as Scorebuilder and Safetynet (which have eligibility criteria separate to RentPay).

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers or any other codes that you use to access your RentPay account and the RentPay services. You must keep your mailing address, email address and other contact information current in your RentPay account profile.

You understand that it is a legal requirement for us to verify your identity before you may use RentPay, therefore you agree to provide us with such information as is required for us to verify your identity and any other information we require from time to time, including information we require to comply with the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth).  You agree that that we may access third party databases containing information about you, including from Equifax whose privacy policy and contact details are available at www.equifax.com.au.

In connection with any potential applications to use the Product, you agree to RentPay obtaining from Equifax a Credit Report containing the Personal Information of or relating to you and to us disclosing to Equifax details of the credit applied for and any defaults if applicable. You can contact Equifax or visit their website to see their policies on the management of credit-related personal information, including details of how to access credit-related personal information they hold. You may have the right to request Equifax not to use or disclose credit-related personal information where you have been the victim of fraud or not to use such information to determine your eligibility to receive direct marketing from credit providers.

  1. Closing Your RentPay Account

You may close your account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your RentPay account even after the RentPay account is closed. When you close your RentPay account, we will cancel any scheduled or incomplete transactions. Once we have received a request to close your RentPay account we will no longer allow any payments to be made from the account.

In certain cases, you may not close your RentPay account, including:

  • To evade an investigation we are conducting in relation to your account.
  • If you have a pending transaction or an open dispute or claim.
  • If your RentPay account has a negative balance.
  • If your RentPay account is subject to a hold, limitation or reserve.
  • If you have an outstanding balance on a loan from us or one of our affiliates.

Any funds we are holding for you at the time of closure, less any fees and any other amounts you owe us under this user agreement, will be paid to you at our discretion by:

  • Direct deposit to your linked Australian bank account; or
  • A cheque mailed to the address listed in your account.
  1. Link or Unlink a Payment Method

You can link or unlink a debit card, credit card, or an Australian bank account to your RentPay account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your RentPay account.

If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner.

If you have chosen a Preferred Payment Method, it will be shown as the primary method of payment and we’ll process all payments using your Preferred Payment Method. Where a payment via your Preferred Payment Method fails, then where you have provided one, we may use your Backup Payment Method to make the payment.

  1. Holding a RentPay Balance

You may choose to carry a balance in your account (Available Balance). RentPay holds the Available Balance funds on trust for you, in accordance with this User Agreement.  You acknowledge that the Available Balance can be used to meet our settlement obligations in respect of your transactions and to provide security for our settlement obligations.

Any interest paid by our bank on the total of renters’ Available Balances held in the trust bank account will be applied towards offsetting transaction and other costs of operating the trust bank account and our other expenses. You acknowledge and agree that we are entitled to any interest earned on funds held on your behalf, and that interest will not be paid into your account.

  1. Adding or Withdrawing Money

Adding money

You can add funds to your wallet either by using the BPAY details provided to you (note that it can take up to 3 Business Days for funds to clear using this method) or by using any of the payment methods linked to your RentPay account. When using the payment methods linked to your RentPay account, you can either direct us (via the RentPay app or website) to add funds to your account as a one off or you can set up recurring payments. Amounts in your wallet can only be used by you once we have received cleared funds.   We will use reasonable endeavours to effect any such payment within 2 Business Days after you have instructed us to do so.

Withdrawing money

Other than by directing us to make bill or rent payments on your behalf, you may not withdraw funds from your account except if you are closing your account or under very limited other circumstances. If you wish to withdraw funds, you will need to contact us at support@rentpay.com.au or 1300 797 933 to request a withdrawal. If we receive such a request, we will evaluate it and provide a response within 2 Business Days. Withdrawals less any applicable fees, will be paid to you at our discretion by:

  • Direct deposit to your linked Australian bank account; or
  • A cheque mailed to the address listed in your account.
  1. Making Payments for Rent and Other Permitted Purposes

You may make payments to verified real estate agents or landlords, or to permitted third parties such as utility and/or telecommunications companies, insurers and similar providers. You may not make any payments to any party that is not a Permitted Party (as described below).

In order for a payee to be a Permitted Party, we will first need to verify them following our internal Anti Money-Laundering and Counter Terrorism-Financing (AMLCTF) Policy. If we are unable to verify a party to whom you are trying to pay money we may ask for further information before processing the transaction or we may decline to process the transaction at our sole discretion.

You may make payments to a Permitted Party by using the app or website to either schedule recurring transactions or by directing us to make a single payment. You will need to have an Available Balance greater than the required payment amount on any date that a payment is required to be made from your account. If you do not have sufficient funds, we will not process the transaction.

  1. Account Statements and Requesting Account Records

You have the right to receive an account statement showing your RentPay account activity. You may view your RentPay account statement by logging into your RentPay account and can request an emailed copy of your statement at no cost to you.

In the event you request that we send you hard-copy records related to your RentPay account; we may charge you a fee of $10.00 per item requested but we won’t charge you for records requested in connection with your good-faith assertion of an error in your RentPay account.

  1. Your personal data

As a RentPay user, or when you use our services or access our sites, you consent to our use of your personal data in accordance with our Privacy Policy.

  1. Complaints and Disputes

We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling processes and policies and relevant regulatory standards. You can make a complaint or lodge a dispute by emailing us at complaints@rentpay.com.au or via telephone at 1300 797 933.

We aim to:

  • Acknowledge receipt of all complaints within 1 Business Days.
  • Resolve all complaints within 30 days. This may not be possible in all circumstances.

Where we cannot resolve a complaint within 30 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

For further information on complaints and disputes, our Internal Dispute Resolution policy can be found here.

Dispute with us or your card issuer

For disputed payments made via a credit or debit card, you must choose whether to pursue a dispute with RentPay or to pursue the dispute with your card issuer. You can’t do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we’ll close your dispute/claim with us. This won’t affect the dispute process with your card issuer. In addition, if you successfully pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later.

If you choose to dispute a transaction with RentPay and we decide against you, you can seek to pursue the dispute with your card issuer later. If RentPay does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer).

Before contacting your card issuer please contact RentPay so that we can try and resolve your dispute, particularly if this dispute relates to services not received from a third party.

Referral of unresolved complaints to external dispute resolution scheme

We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers. For more information on AFCA, please visit www.afca.org.au.

If you are not satisfied with our resolution or handling of your complaint you may wish to contact AFCA by:

Phone: 1800 931 678

Mail: Australian Financial Complaints Authority
GPO Box 3, Melbourne VIC 3001

Web: www.afca.org.au/make-a-complaint


Court

Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in Western Australia, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

 

  1. Restricted Activities and Holds

Restricted Activities

In connection with your use of our websites, your RentPay account, the RentPay services, or in the course of your interactions with RentPay, other RentPay customers, or third parties, you must not:

  • Breach this user agreement, or any other agreement between you and RentPay.
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services or anti money-laundering and counter terrorism-financing).
  • Infringe RentPay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
  • Act in a manner that is defamatory, trade libellous, threatening or harassing.
  • Provide false, inaccurate or misleading information.
  • Send or receive what we reasonably believe to be potentially fraudulent funds.
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both RentPay and the bank or card issuer for the same transaction.
  • Control an account that is linked to another account that has engaged in any of these restricted activities.
  • Allow your RentPay account to have a negative RentPay balance.
  • Access the RentPay services from a country that is not included on RentPay's permitted countries list.
  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf or the RentPay services;
  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or RentPay services.
  • Use an anonymising proxy.
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission.
  • Use any device, software or routine to bypass our robot exclusion headers.
  • Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf, any of the RentPay services or other users’ use of any of the RentPay services.
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers.
  • Use the RentPay services to test credit card behaviours.
  • Circumvent any RentPay policy or determinations about your RentPay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional RentPay account(s) when an account has a negative RentPay balance or has been restricted, suspended or otherwise limited; opening new or additional RentPay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s RentPay account.
  • Harass and/or threaten our employees, agents, or other users.

 

 Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect RentPay, its customers and others at any time in our sole discretion acting reasonably. The actions we may take include, but are not limited to the following:

  • Terminate this user agreement, limit your RentPay account, and/or close or suspend your RentPay account immediately and without penalty to us.
  • Refuse to provide the RentPay services to you in the future.
  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf, your RentPay account or any of the RentPay services, including limiting your ability to pay or send money with any of the payment methods linked to your RentPay account, restricting your ability to send money or make withdrawals.
  • Update inaccurate information you provided us.
  • Take legal action against you.

If we close your RentPay account or terminate your use of the RentPay services for any reason, we’ll provide you with notice of our actions and refund any unrestricted funds held in your RentPay account.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by RentPay, any RentPay customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the RentPay services.

We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law or regulation. For example, we may refuse to process a payment:

  • Sent to a person or country sanctioned by the United Nations or Australian government; or
  • Where we believe there is a legal or regulatory risk or a risk of loss being suffered by us or our users.
  1. Account Limitations

General information about Account Limitations

Under certain circumstances, in order to protect RentPay and the security and integrity of the RentPay services, RentPay may take account-level or transaction-level actions. If we take any of the actions described here, we’ll provide you with notice of our actions (but may not be in a position to disclose the reasons for such actions), but we retain the sole discretion to take these actions. To request information in connection with an account limitation, you should contact us at support@rentpay.com.au or follow the instructions in our email notice with respect to the limitation.

We may limit your access to sending, receiving or withdrawing funds for up to 180 days. A limitation may remain beyond 180 days if we reasonably believe there is still a risk to the integrity, security or reliability of us or our systems.

You must resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect RentPay, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. The actions we may take include:

  • Return funds to the sender and restore access to your account;
  • Continue to limit your account access to protect us against the risk of reversals, legal and/or regulatory risk or because we may be prohibited by law from releasing funds or unrestricting your account;
  • Close your account by giving you notice and returning any funds held in your balance to you, less funds in dispute. If you are later determined to be entitled to funds in dispute we will return those funds to you; or
  • Refuse to provide our services to you in the future.

There may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we’re in compliance with laws). If you find that your RentPay account has been limited, you should either review the email you receive from us informing you that your RentPay account is limited or log in to your RentPay account for additional details about the limitation on your RentPay account.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your RentPay account, placing a limitation on your RentPay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your RentPay account. When we implement a limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the limitation may remain in place longer than 180 days.

  1. Liability for Unauthorised Transactions and Other Errors

Protection from Unauthorised Transactions

This section applies to individuals only.

Liability for unauthorised transactions

You can review your transaction history at any time by logging in to your account. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised.

When you are not liable for loss

You are not responsible for any loss resulting from an unauthorised transaction if:

  • The loss was due to fraud or negligence by any of our employees or agents;
  • A security key or password was forged, faulty, expired or cancelled;
  • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password);
  • A transaction was incorrectly debited more than once; or
  • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached.

When you are liable for loss

You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or negligence. You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us.

Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between:

  • When you became aware of the security compromise or should reasonably have become aware of it.
  • When the security compromise was reported to us.

If RentPay malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges.

Notifying RentPay of errors and unauthorised transactions

If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us.

If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 Business Days. In this circumstance, please complete and mail the declaration as directed by the RentPay customer service representative.

It may take up to 30 days to investigate your complaint or question. Once we have completed our investigation we’ll advise you of the results within 3 Business Days. If we determine that there was no error, we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose.

  1. RentPay's Rights

RentPay suspension and termination rights

RentPay, in its sole discretion, may:

  • Terminate or suspend an account immediately for any material breach of the agreement or breach of any law, or where RentPay forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or
  • Terminate or suspend an account at any time to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice.

Amounts owed to RentPay

If you owe any amount to us or our affiliates you agree to allow the recovery of these amounts by debiting your account promptly after we form a conclusion on reasonable grounds that payment will not be received in full for any reason. If there are insufficient funds in your account to cover any amount you owe us or our affiliates, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debts by:

  • Debiting your account at a later date;
  • Debiting a preferred payment method;
  • Setting off the credit balance of any account you have with us or any monetary liability we owe you and towards satisfaction of your debt; or
  • Any other legal means.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

  1. Indemnification and Limitation of Liability

In this section, we use the term “RentPay” to refer to RentPay Technology Pty Ltd, our ultimate parent, Rent.com.au Limited, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You indemnify and hold us, our affiliates, and each of their officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with:

  • Your breach of this agreement, or any other agreement between you and RentPay;
  • Your breach of any law;
  • Your breach of any right of a third party;
  • An act or omission of a person you authorise to access your account; or
  • an act or omission of a person not authorised to access your account as a result of your negligence.

Your liability under this clause will be proportionally reduced to the extent that RentPay caused or contributed to the relevant claim or loss, or where RentPay failed to take reasonable steps to mitigate the relevant claim or loss.

Limitation of liability

RentPay’s liability is limited with respect to your RentPay account and your use of the RentPay services. To the maximum extent permitted by law (and subject to our liability under any Consumer Guarantee), and to the extent that RentPay’s liability is not otherwise limited by this part or any other term of this agreement in no event will RentPay be liable for Consequential Loss (whether the claim is in relation to the loss or damages arises under statute, in contract or in tort (including negligence) or otherwise) arising out of or in connection with:

  • Our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf;
  • Any of the RentPay services; or
  • This agreement.

To the maximum extent permitted by law (and subject to our liability under Consumer Guarantee that may apply), in no event will RentPay be liable to you for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with:

  • Your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf, or any of the RentPay services;
  • Delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf and any of the RentPay services;
  • Viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf or any of the RentPay services or any website or service linked to our websites, software or any of the RentPay services;
  • Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf or any of the RentPay services or in the information and graphics obtained from them;
  • The content, actions, or inactions of third parties;
  • A suspension or other action taken with respect to your RentPay account; or
  • Your need to modify your practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to this user agreement or RentPay’s policies.

To the extent our liability is not otherwise limited by this part, and to the maximum extent permitted by applicable law, RentPay is not liable for Consequential Loss.

To the maximum extent permitted by law and to the extent our liability is not otherwise limited by this part, our liability, whether the claim is in relation to the loss or damages arises under statute, in contract or in tort (including negligence), for any breach or non-compliance with a Consumer Guarantee or otherwise is limited to doing one or more of the following (at our election):

  • In the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things; or
  • In the case of services, to resupplying the services or payment of the cost of their re supply.
  1. Disclaimer of Warranty and Release

No warranty

Subject to the operation of any Consumer Guarantee, any other law in relation to the goods and services provided under this agreement, or any other express warranty or representation we make in this agreement:

  • The RentPay services are provided “as-is” and no condition or warranty in relation to any good or services supplied by RentPay is to be implied in this agreement, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • RentPay does not guarantee continuous, uninterrupted or secure access to any part of the RentPay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the RentPay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control.
  • RentPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but RentPay makes no representations or warranties regarding the amount of time needed to complete processing because the RentPay services are dependent upon many factors outside of our control, such as delays in the banking system.

Release of RentPay

If you have a dispute with any other RentPay account holder, you release RentPay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Intellectual Property

RentPay’s trademarks

"RentPay.com.au", "RentPay", "Scorebuilder", "Safetynet", and all logos related to the RentPay services are either trademarks or registered trademarks of RentPay Technology Pty Ltd or its licensors. You may not copy, imitate, modify or use them without RentPay's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of RentPay. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by RentPay for the purpose of directing web traffic to the RentPay services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterises RentPay or the RentPay services or display them in any manner that implies RentPay's sponsorship or endorsement. All right, title and interest in and to the RentPay websites, any content thereon, the RentPay services, the technology related to the RentPay services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of RentPay and its licensors.

  1. Target Market Determination

The Target Market Determination for the RentPay product is available here.

  1. Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without RentPay's prior written consent. RentPay may transfer or assign this user agreement or any right or obligation under this user agreement at any time. We will notify you of such a transfer or assignment.

Available Balance

“Available Balance” means the funds that you have deposited into your RentPay account and which RentPay has been able to confirm with your bank as being cleared funds.

Business Days

“Business Day” means days that banks are open for business in Sydney, New South Wales, Australia.

Consequential Loss

“Consequential loss” means any Loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.

Consumer Guarantee

A “consumer guarantee” is a right you may have under consumer protection laws against providers of goods or services.

Dormant accounts

If you do not access log in to your RentPay account for two or more years, RentPay may close your RentPay account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.

Governing law

This agreement is governed by the law in force in Western Australia.

Identity authentication

You authorise RentPay, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • Asking you for further information,
  • Requiring you to take steps to confirm ownership of your email address or financial instruments,
  • Ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources.
  • Requiring you to provide your driver licence or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify your identity. RentPay reserves the right to close, suspend, or limit access to your RentPay account and/or the RentPay services if, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Insolvency event

An “insolvency event” can mean many things because there are different types of insolvency and it depends on whether you are an individual or a business. Insolvency events are the happening of any of these events:

(a)   You suspend payment of debts or cannot pay debts as and when they fall due;

(b)   Where you are a body corporate:

  • You become an externally-administered or deregistered body corporate under the Corporations Act 2001;
  • Steps are taken by any person towards making you an externally-administered body corporate;
  • A controller (as defined in section 9 of the Corporations Act 2001) is appointed for any of your property or any steps are taken for the appointment of a controller (but not where the steps taken are reversed or abandoned within 14 days); or
  • You are taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001; or

(c)   Where you are a natural person:

  • You authorise a registered trustee or solicitor to call a meeting of your creditors or propose or enter into a deed of assignment or deed of arrangement or a composition with any creditors;
  • A person holding a security interest in your assets takes any steps to or enters into possession or control of any of those assets; or
  • You commit an act of bankruptcy; or

(d)  An event happens analogous to an event specified above to which the law of another jurisdiction applies and the event has an effect in that jurisdiction similar to the effect which the event would have had if Australian law applied.

RentPay is only a payment service provider

We act as a payment service provider only. We do not:

  • Act as a common carrier or public utility;
  • Act as an escrow agent with respect to any funds kept in your account;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you; or
  • Guarantee or assume responsibility for the payment of your rent.

Severability

If any provision of this agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. This agreement will otherwise remain in full force and effect and be enforceable.

Combined Financial Services Guide & Product Disclosure Statement

30/04/2021

About this Document This combined Financial Services Guide (FSG) and Product Disclosure Statement (PDS) is designed to help you decide whether to use any of the services we provide. Information relevant to both the FSG and PDS may be included in one part and incorporated by reference in the other.

Part A - Financial Services Guide

This FSG contains information about:

  • The products and services we provide
  • The benefits paid to us and others in connection with our services
  • Details of any associations or relationships that might affect the services we provide
  • Our dispute resolution processes and how you can access them

This FSG contains only general information about the services we offer. 

  1. Who are we?

This Financial Services Guide (FSG) is issued by RentPay Technology Pty Ltd (‘RentPay’) (ACN636 254 709, Authorised Representative No: 001286725).  RentPay is an authorised representative of Flexewallet Pty Ltd (ACN 164 657 032)

  1. How to contact us

You can contact RentPay by telephone (1300 797 933), via our website (www.rentpay.com.au) or by writing to us at GPO Box 2543 Perth WA 6001. You can contact Flexewallet by email at admin@flexewallet.com or by writing to G.P.O Box 171, 380 Bourke St, Melbourne VIC 3001 Australia.

  1. Other documents we may give you

We provide you with a Product Disclosure Statement or other disclosure document (such as our user agreement) in relation to a financial product where we give you general financial product advice and the product or where we offer a financial product to you.  This PDS contains information about the financial product and will assist you in making an informed decision about the product.

  1. Product Issuer and Providing Entity
    1. Providing Entity 
    2. RentPay is an Authorised Representative of Flexewallet (AR No 001286725) and is the distributor and promotor of the Product (the “Providing Entity”).
    3. Product Issuer
    4. RentPay is the Issuer of the Product (“Product Issuer”) and is authorised to deal in and provide general financial product advice about the Product under Flexewallet’s AFSL.
    5. Nature of the relationship between providing entity and product issuer
    6. This FSG is provided by RentPay Technology Pty Ltd ACN 636 254 709 (“RentPay”), an Authorised Representative of Flexewallet Pty Ltd ACN 164 657 032 (“Flexewallet”) which holds Australian Financial Services Licence number 448066. Flexewallet and RentPay are independently managed and neither owns the other.
    7. Liability of the Providing Entity and the Product Issuer
    8. Neither RentPay nor anyone else acting on its behalf has the authority on behalf of Flexewallet to:
      • Tell you anything about the Product that is inconsistent with the information on this FSG/PDS;
      • Give you Personal Financial Product Advice (that is, a recommendation or statement of opinion, intended or that could be reasonably regarded as being intended to influence you in making a decision, when the person giving or directing the advice has considered one or more of your objectives or financial situation) about the Product; or
      • Do anything else on Flexewallet’s behalf, other than marketing, arranging for the issue of and providing customer service for the Product.

If you have been told anything that is inconsistent with this PDS or FSG, or if you have been given Personal Financial product advice by RentPay or anyone seeming to act on behalf of Flexewallet, you should not rely on it in making any decision about the Product. You should only rely on what is in this PDS/FSG.

  1. Financial services we are authorised to provide

As an Authorised Representative of Flexewallet, RentPay is authorised to:

  • provide general financial advice for non-cash payment products; and
  • Issue, apply for, acquire, vary or dispose of non-cash payment products.

We are only authorised to provide general advice so you should be aware that any advice (including any statement of opinion or recommendations) we may give about our services does not take into account your objectives, financial situations or needs.  You should consider the appropriateness of our services in regard to your objectives, financial situation and needs before you act on any advice we provide.

  1. Security

Security is very important to us.

  • We have comprehensive backup and disaster recovery plans;
  • We comply with internationally recognised quality and excellence standards in management systems.
  1. Benefits paid to us and others in connection with our services
    • 7.1 Monthly and transaction fees

We earn revenue by receiving monthly and transaction fees.  For information about our fees and charges, please refer to section 10 in Part B: Product Disclosure Statement.

    • 7.2 Staff

We pay our staff a salary. We may also offer monetary or non-monetary incentives to our staff for achieving certain performance targets. Monetary incentives may be set as a fixed amount or a percentage or their base salary.

    • 7.3 Third parties

If you are referred to us, we may pay the referrer a fee calculated based on a fixed amount or a percentage of the total payment amount or amounts.

  1. How you can provide instructions

We accept instructions mainly through the website or the RentPay app.

  1. Our compensation arrangements

We have in place a professional indemnity insurance policy that satisfies the requirements for compensation arrangements under section 912B of the Corporations Act 2001.

  1. Dispute resolution

If you have a complaint, you can contact RentPay internal dispute resolution via 1300 797 933 or email us at complaints@rentpay.com.au. We will acknowledge your complaint in and endeavour to resolve it promptly. If you are not satisfied with our response, we are a member of the AFCA, an external dispute resolution body who you can contact by telephone (1800 931 678) or by writing to GPO Box 3 Melbourne, VIC 3001. Our dispute resolution procedure requires that we provide a written final response to the complainant within 30 days (21 days where the complaint relates to a default).

For further information on complaints and disputes, our Internal Dispute Resolution policy can be found here.

  1. Authorisation

The distribution of this Financial Services Guide by RentPay has been authorised by Flexewallet.

Part B Product Disclosure Statement

This Product Disclosure Statement (PDS) is prepared by RentPay Technology Pty Ltd ACN 636 254 709. Our Product Disclosure Statement (PDS) contains information you require to make a decision about whether or not to apply to use our Services. Prior to making any decision about this service, you should consider whether this product is right for you. Any advice in this PDS is general advice only. You should consider the appropriateness of any general advice to your own circumstances before acting on it.

  1. Who we are

Please see section 1 of the FSG for information about who we are.

  1. How to contact us

  Please see section 2 of the FSG for information about how to contact us.

  1. Updated Information

Some information might change from time to time. We will issue a supplementary or replacement PDS to you if there is a materially adverse change to or omission from the information. For other changes, you can obtain up to date information by contacting us. We will send you updated information free of charge on request.

  1. The Product

The Product is a reloadable rental/utility account (the ‘RentPay account’) which allows you to load value on a regular basis to this account by direct debit from your nominated bank account or credit card (‘nominated account’). Alternatively, you can also load value via BPAY Biller Code 335034 with an allocated RentPay BPAY CRN. You can then access the RentPay account’s available balance to make reoccurring payments to your rental agent or landlord. We provide the Product to you when you complete the appropriate identity check and Direct Debit (DDR) requirement on the RentPay app or web. The Product also allows you to aggregate funds within the RentPay wallet for payments to be made at a later date.

  1. Product Issuer and Providing Entity
    1. Providing Entity
    2. RentPay is an Authorised Representative of Flexewallet (AR No 001286725) and is the distributor and promotor of the Product (the “Providing Entity”).
    3. Product Issuer
    4. RentPay is the Issuer of the Product (“Product Issuer”) and is authorised to deal in and provide general financial product advice about the Product under Flexewallet’s AFSL.
    5. Nature of the relationship between providing entity and product issuer
    6. This FSG is provided by RentPay Technology Pty Ltd ACN 636 254 709 (“RentPay”), an Authorised Representative of Flexewallet Pty Ltd ACN 164 657 032 (“Flexewallet”) which holds Australian Financial Services Licence number 448066. Flexewallet and RentPay are independently managed and neither owns the other.
    7. Liability of the Providing Entity and the Product Issuer
    8. Neither RentPay nor anyone else acting on its behalf has the authority on behalf of Flexewallet to:
      • Tell you anything about the Product that is inconsistent with the information on this FSG/PDS;
      • Give you Personal Financial Product Advice (that is, a recommendation or statement of opinion, intended or that could be reasonably regarded as being intended to influence you in making a decision, when the person giving or directing the advice has considered one or more of your objectives or financial situation) about the Product; or
      • Do anything else on Flexewallet’s behalf, other than marketing, arranging for the issue of and providing customer service for the Product.

If you have been told anything that is inconsistent with this PDS or FSG, or if you have been given Financial product advice by RentPay or anyone seeming to act on behalf of Flexewallet, you should not rely on it in making any decision about the Product. You should only rely on what is in this PDS/FSG.

  1. Features and Benefits of the Product

The RentPay product allows you to accumulate value in your RentPay wallet and make subsequent rental/ utility recurring payments from your RentPay account to a renter agent/landlord or utility company. The product has many benefits, the key benefits are summarised below. Please note that some benefits may be subject to contractual obligations with your merchant.

  • Simple and hassle free: By setting up a direct debit or credit card debit with RentPay for the rental payment, you no longer have to do any running around to your financial institution to arrange recurring payments from your nominated account. We are responsible for initiating the debit for the correct amount on the correct day and handling it efficiently within our system. As these processes are electronic they are not prone to human error.
  • Align payments to your income stream: If you get paid on a Thursday, you can choose to nominate your recurring payment to be debited on a Thursday. You can set your payment frequency to weekly, fortnightly, and monthly or on an ad hoc basis. This means that RentPay initiates the payment when there is most likely to be money in your nominated account.
  • Choice of term or flexible arrangements: You can choose to have a fix term schedule that expires automatically once you have made all the required payments or a “flexi” schedule that carries on after any minimum term until such time as you request us to stop it.
  • Dishonour follow-up: We will follow up any payment dishonours with either sms, email or push notification on the day that we receive the advice. In this way you are alerted to the state of your payment and can arrange for clear funds to be available to your nominated account to avoid expensive bank fees.
  • Ability to pay off early: Should you request, we can collect more than the required instalment, so you can have sufficient funds for your future rental payments.
  • Ability to arrange catch-ups: From time to time you may fall behind in your payments – if this happens, we will arrange a ‘catch- up’ payment if they are unable to bring the amount up to date immediately. The catch-up payment amount must be realistic, and you must comply with the arrangement to bring the RentPay account up to date as soon as possible.
  • Security of data: We have in place security systems of a very high standard to ensure that your personal information is secure from unauthorised access.
  1. Risks of using the product

The product is designed to provide you with a simple and easy to use payment solution. The product is not 100% risk free and there are some risks associated with use of the product:

  • Unauthorised transactions can happen using the RentPay account if the sign-in information is revealed to unauthorised person as a result of fraud.
  • RentPayʼs systems or the service providers we use may fail and as a result we may not debit your nominated account on the designated day.
  • Should you give us incorrect account information we will not be able to debit your nominated account.
  • You may not have sufficient clear funds in the nominated account to allow us to debit your account.
  • You may not be able to make payments where you owed any amount to us.
  • You may incur bank fees if your payment method has insufficient funds to complete your payment with us.
  • Your RentPay account may be subject to a hold if a transaction or your RentPay account is subject to
    1. payment review
    2. our requirements to prove your identity in accordance with Anti-Money Laundering and Counter-Terrorism Financing Laws (“AML laws”)
    3. Suspected fraud
    4. There is a dispute, claim, chargeback, or reversal in relation to any funds received into your RentPay account
    5. Any transactions in (iv) resulting in a negative RentPay balance

In the event of a hold, funds can be held unavailable for use for up to 21 business days where rental and utility payments will not be made. We may release a hold earlier than 21 business days where we reasonably believe that the relevant transaction has completed successfully. You will need to top up your RentPay wallet to release the hold on negative RentPay balance account. RentPay will not process any further scheduled or manual wallet top up when it reached $9,999 (maximum wallet balance).

  1. Other Parties

Australia & New Zealand Banking Group Limited ABN 11 005 357 522 AFSL 234527 (“ANZ”) is an authorised deposit- taking institution (‘ADI’) holding authority to carry on a banking business in Australia. ANZ holds all wallet funds, including the Available Balance on your wallet, in segregated accounts and guarantees them on the Issuer’s behalf.

  1. Other information that forms part of the PDS

You should read the user agreement as it includes important information that apply to our provision of the Product to you, including information about the terms and conditions that apply to our provision of the Product to you, including information about cancellation and termination rights, breach of contract, liability and privacy. The user agreement is also publicly available to view or download from our website.

  1. Costs and other amounts payable
FeeAmountWhen Payable
RentPay Set-up Fee$3Once only when RentPay Account is successfully activated
Dishonour Fee$1514 days after dishonour
Monthly Transaction Fee$2 (For 4 agent payments using either BPAY, NPP or Bank account methods)At RentPay Account activation and monthly anniversary from sign-up
Additional Agent Transaction Fees$0.30 per NPP Transaction, $0.20 per bank transfer, $0.20 per BPAY TransactionMonthly anniversary from sign-up
Credit Card Fee1.25%1When the CC has been processed
BPAY IN$1At the point of BPAY Transaction

1Minimum transaction fee of $0.17 will apply

We may choose to reduce/waive any of the fees listed above. 30 days notice will be provided for any increase of fees.

  1. Dispute resolution

If you have a complaint, you can contact RentPay internal dispute resolution via 1300 797 933 or email us at complaints@rentpay.com.au. We will acknowledge your complaint in and endeavour to resolve it promptly. If you are not satisfied with our response, we are a member of the AFCA, an external dispute resolution body who you can contact by telephone (1800 931 678) or by writing to GPO Box 3 Melbourne, VIC 3001.

Our dispute resolution procedure requires that we provide a written final response to the complainant within 30 days (21 days where the complaint relates to a default).

For further information on complaints and disputes, our Internal Dispute Resolution policy can be found here.

©RentPay 2021
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