Terms and Conditions of Use
These Terms and Conditions (“Terms”) contain legal obligation and constitute a legally binding agreement between you (“you” or “your”), the person accessing and using the Website and Gratify Services and Gratify Payments AU Pty Ltd. and its corporate affiliates (“Gratify”, “we”, “us” or “our”). Please read these Terms carefully, as they contain important information regarding your legal rights, remedies and obligations, including, but not limited to, various limitations and exclusions on damages you may claim against us and indemnification obligations you owe to us.
Your Relationship With Us
These Terms govern the relationship, and serve as a legally binding agreement, between you and us, and set forth the terms and conditions on which you may access and use (a) the websites operated by Gratify from time to time, (b) our mobile application and such other applications as may be made available from time to time (the “Application”), (c) the software embedded in the Website or the Application, the features, functionality and thereof, and (d) the services and products provided by Gratify, either online, in person or via telephone (collectively, the “Services”). Any reference to the “Services” includes a reference to any part of the Services.
Gratify provides services that allow merchants to offer their customers the ability to pay for goods or services in installments.
To be eligible to access or use our Services, you must:
1. Be at least 18 years of age;
2. Be able to lawfully enter into and form contracts under applicable law;
3. Have a mobile phone number with ability to receive SMS notifications;
4. Provide a valid email address;
5. Provide an active and supported payment method that will be stored on your Gratify user account;
6. Provide personal information for use in assessing your eligibility to use the Services, including personal information and documentation for use in conducting identity and age verification checks, including your driver’s licence and/or other details or documents; and
7. Provide any other information to Gratify when requested.
By accessing or using our Services, you confirm that: (a) you are at least 18 years of age and are able to form a binding contract with Gratify; (b) you accept these Terms; and (c) you agree to comply with these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.
In consideration for your use of the Services, you hereby agree to:
1. Provide true, accurate, current and complete information about yourself as requested;
2. Hold only (1) Gratify user account and use your account for personal use only;
3. Make sure the information you provided about yourself on a registration form or otherwise in connection with your user account is always true, accurate, current and complete, and promptly update such information as required to comply with the foregoing;
4. Maintain the confidentiality and security of your username, password and other account or identification credentials;
5. Accept sole responsibility for all use of your user account, any activities that occur or take place using your user account by any person or automated process;
6. Promptly notify us if your password is lost or stolen, or if you believe there has been or could be any unauthorized access to your account by third parties, or if you are aware of any other breach of security in relation to the Services;
7. Comply with all terms and conditions set forth by the merchant with regards to the sale of product or services;
8. Comply with all of the terms and conditions of these Terms; and
9. You are solely responsible, at your own cost, for procuring and maintaining any hardware, software, capabilities and other resources (including a suitable connection to the Internet) to use or access the Services.
We have provided ways for you to contact us about various issues on our Website. You acknowledge and understand that these are the only authorized ways to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Gratify. We cannot verify the authenticity of such alternative contacts, and they pose a risk of fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using any methods not listed on the foregoing Website. You agree that Gratify cannot be held liable for any unauthorized access to your user account or other loss resulting from such fraud or other malfeasance by third parties.
1. Provide you with a user account which allows you to access information regarding your use of the Services, including payments made and your upcoming payment schedule;
2. Assess your application for the Services based on the results of the credit, identity, risk assessment, and payment checks (as applicable); and
3. Issue a decision to approve or deny your application to use the Services, after which we will inform the merchant of the decision to approve or deny your application.
Once you open an account with Gratify, we will send you SMS messages. You agree to receive SMS messages to any telephone number you have provided to Gratify. You will require a Canadian mobile telephone number that is your own, not someone else’s, and can receive SMS messages. You are responsible for any message, data rates or other fees that your phone service provider may charge with regards to SMS messages sent and received. By providing us with your mobile telephone number, you agree to receive SMS messages for service notifications and verification codes from Gratify. We will not sell your data.
Changes to Terms
Gratify reserves the right, in our sole and absolute discretion, to revise, update and amend these Terms from time to time. The latest version of these Terms will be posted on the Website. All changes are effective immediately upon posting and apply to your continued access to and use of the Services. We may post reminders and summary information about changes to these Terms. We will notify you via SMS text message or email sent to the telephone number or email address associated with your account when any material changes are made to these Terms, including where there are substantial amendments that affect your rights and obligations, but it is your responsibility to review the latest version of these Terms. You agree to periodically review these Terms in order to be aware of any such changes and your continued access or use of our Services after we have made a change to these Terms, will mean that you have accepted and agreed to any such changes, whether given notice or not.
For clarity, if any of the terms and conditions of these Terms, or any future changes thereto, are not acceptable to you, you may: (a) discontinue your use of our Services; and/or (b) if you have set up an account, delete your account.
Refunds and Cancellations
1. Once a purchase amount is approved by Gratify, you agree and are obligated to repay the full amount approved by Gratify, plus any associated fees.
2. Refunds and cancellations are subject to the refund policies of the merchants. You must contact the merchant directly to request all refunds. Gratify will process a refund to your account once notified by the merchant that the refund has been approved.
a. Gratify will process refunds up to 90 days after purchase or as per merchant refund policy terms whichever is less.
3. If the refunded amount does not cover full purchase amount approved by Gratify you may be liable to Gratify for the remaining amounts.
Delinquency, Default, and Late Fees
You agree to pay all fees applicable to your use of the Services. You must provide and at all times maintain accurate, complete and current billing information, including your postal code, credit card number and credit card expiration date. We may suspend or terminate your account and/or access to the Services if you offered payment method (e.g. credit card) cannot be processed. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge the applicable fees on said payment method, as well as taxes and other charges related thereto. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential breach of security of your billing information (such as credit card loss or theft), you must notify us immediately.
Gratify will automatically collect payments on the scheduled installment payment date. If an installment payment is not received on time, your order will be in arrears, and fees will be applied.
For Orders or Balances owing ranging from $49 or less;
1. If an order goes into arrears, you will incur a one-time order late fee equivalent to $1 per $10 for any balance owing in the total order excluding fees. Minimum fee charged is $1.00.
2. If an installment payment fails, you will incur a decline fee of $2.00.
3. If your account has any active order in arrears for more than 30 days, there is a monthly account fee of $5.00. The monthly account fee will be charged every 30 days you are delinquent.
4. Should you choose to defer your payment or push an installment payment by a week, you can pay the Deferred Payment fee to avoid the decline fee and one-time order late fee. The deferred payment fee is equivalent to $1 per $10 that is deferred excluding fees. The minimum fee charged is $1.00.
For Orders or Balances owing ranging from $50 or more;
1. If an order goes into arrears, you will incur a one-time order late fee equivalent to $5 per $50 for any balance owing in the total order excluding fees. Minimum fee charged is $10.00.
2. If an installment payment fails, you will incur a decline fee equivalent to $1 per $50 that is declined excluding fees. The installment will be deferred for up to one week. The minimum fee charged is $2.00.
3. If your account has any active order in arrears for more than 30 days, there is a monthly account fee of $5.00. The monthly account fee will be charged every 30 days you are delinquent.
4. Should you choose to defer your payment or push an installment payment by a week, you can pay the Deferred Payment fee to avoid the decline fee and one-time order late fee. The deferred payment fee is equivalent to $1 per $50 that is deferred excluding fees. The minimum fee charged is $2.00.
Gratify reserves the right to attempt to collect the failed payment via any saved payment methods stored on your user account.
Gratify may limit, restrict, suspend, or terminate your access to your Gratify account if delinquent, and may inform credit bureaus and other similar credit entities of the default.
If you are having trouble paying your installments, you can try a different payment method. Log into Gratify and click on Account to add a new card or bank account. You can also contact Gratify at email@example.com if you are experiencing Financial Hardship.
Gratify reserves the right to initiate our collections process should any amounts be outstanding after the final installment due date has passed and Gratify has attempted to contact you and process all amounts owing via payment methods linked to your Gratify account.
Updates, Interruptions and Termination/Account Closure
From time to time, we have the right to provide updates (patched, new features, etc.) to our Services. You understand that your access to certain features of the Services might be affected by such updates. We may require you to download and install the updated or the updated version of the Application to continue to use the Services. You also agree that we may use background patching to automatically update our Services and software with or without notice to you. You also understand that such updates may affect the necessary equipment to continue to access the Services.
You acknowledge that the Services or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will be uninterrupted. We will not be liable for any interruption of the Services, delay, or failure to perform resulting from any causes whatsoever. Additionally, the Services may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with or without notice.
Suspension or Termination
To the fullest extent allowable by applicable law, Gratify reserves the right to suspend or terminate your user account or your access to the Services at any time for any reason, including if you have failed to comply with any of the provisions of these Terms or if;
1. Any activities have occurred on you user account which may cause damage to or impair the Services or infringe or violate any third-party rights (including intellectual property rights), or violate any applicable laws;
2. We consider suspension or termination of your account is necessary to protect the integrity and/or security of the Services or our systems, prevent fraud, or otherwise protect us against legal or regulatory risks;
3. Fraudulent or suspicious activity has occurred on your user account, or misleading or inaccurate information is provided to us by you;
4. You are deemed unable to pay or you apply for bankruptcy; or
5. Your account has been inactive for at least 2 years
Termination or suspension of your user account also entails the termination of your license to use the Services, or any part thereof (including Gratify Content). If we suspend or terminate your user account, we will notify you via the email address associated with your account.
As between you and Gratify, Gratify (or its affiliates or licensors, as applicable) owns any and all rights, title and interest in and to the Services and any and all data and content included in or made available through the Services, including all text, graphics, illustrations, logos, button icons, images, digital downloads, photographs, pictures, audio, sound effects, sound recordings, features, functionality, design, presentation, videos, visual effects, data compilations, software, computer code, tools, patches, updates and the “look and feel” of the Services, and all intellectual property rights related to the foregoing and the Services, including copyright, trademark, patent, trade secret, and any other proprietary rights (the “Gratify Content”).
You acknowledge and agree that you have no ownership rights in the Services or the Gratify Content. Subject to all of the terms and conditions of these Terms, we grant you a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited license to access and use the Services and to access the Gratify Content solely for your personal, non-commercial use. We reserve all rights not expressly granted herein in the Services and the Gratify Content.
You acknowledge that your use of the Gratify Content for any purpose not expressly permitted by these Terms is strictly prohibited. Without limited the restriction set forth herein: (a) the downloading, copying, reproduction, distribution, publication, transmission, broadcast, display, sale, licensing or other use or exploitation by you of the Gratify Content or the design or layout of the Services or any part of thereof for any purposes whatsoever without our or, where applicable, our affiliate’s or licensor’s prior written consent is strictly prohibited; and (b) you cannot create any work of authorship or proprietary right based on the Services (including Gratify Content).
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to the following contact information: firstname.lastname@example.org
The notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. If the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
3. If the complaint is about objectionable content, the reasons for the objection;
4. Identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
5. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
6. A statement that the information in the notification is accurate; and
7. If the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
Links to Other Sites
Any feedback, comments, suggestions or ideas related to any of The Gratify products or services, or any features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/service/feature names, or any related documentation, artwork, computer code, diagrams, or other materials, related thereto (collectively, “Feedback”), that you communicate, send or otherwise provide to us, regardless of what your accompanying communication may say, is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way. You hereby grant us an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable and sub-licensable license to reproduce, distribute, create derivative works of, modify, perform publicly, communicate to the public, make available, publicly display and otherwise use and exploit such Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, in whole or in part, as whether as provided or modified. You hereby waive any and all moral rights or other rights of authorship you may have in and to any Feedback in favour of Gratify, including any rights you may have in the altered or changed Feedback even if it is no longer agreeable to you. Notwithstanding the foregoing, you agree that Gratify has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason.
You have been deemed to have warranted to us that you have or own all the necessary legal rights to upload, post, submit or send Feedback and grant us (and our affiliated and service providers, and each of their and our respective licensees, successors and assigns) the license to the Feedback, and the Feedback does not and will not violate any law or the intellectual property, privacy, publicity or other rights of any person. You understand and agree that you are fully responsible for any Feedback you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy and your right to use it.
Gratify Services use data from a variety of sources to determine credit risk exposure and service enhancements. Gratify reserves the right to use this data to improve the Services and the services of our partners.
To the maximum extent permitted by law, you agree to, at your sole cost, indemnify, defend and hold harmless Gratify, our affiliates, and our and their respective officers, directors, employees, contractors, agents, suppliers and advisors from and against any and all claims, liabilities, damages, losses, costs, fines, penalties and expenses, including without limitation reasonable legal and accounting fees and expenses, arising out of or in any way connected with: (a) your access, use, or activities in connection with, or your inability to use, your Gratify user account or the Services; (b) any breach or alleged breach by you, or any user of your user account, of any applicable obligations, representation or warranty under these Terms; (c) the content of or inaccuracy in your Feedback; (d) our use or publication of your Feedback that infringes any third party intellectual property rights; (e) your violation of any applicable laws or any rights of any third parties; or (f) any misrepresentation made by you or your failure to provide and maintain true, accurate, current and complete information in relation to your Gratify user account (all of the foregoing, “Claims and Losses”). You will cooperate as fully as required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, Gratify reserves the exclusive to settle, compromise and pay any and all Claims and Losses. Gratify reserves the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You agree not to settle any Claims and Losses without the prior written consent of Gratify or the consent of an individual whom we authorize, in writing, to approve such settlement. To avoid any doubt, the indemnification obligations contained herein will survive any termination of these Terms or your use of the Services.
To the maximum extent permitted by law: (a) the Services are provided on an “as is” and “as available” basis for your use; and (b) Gratify expressly disclaims and excludes all warranties, representations, conditions or other terms of any kind, whether express or implied (including any implied warranties as to merchantability, fitness for a particular purpose, satisfactory quality, conformance with description or non-infringement), except to the extent they are expressly set out in these terms. In particular, Gratify does not represent or warrant to you that the Services will meet your requirements; the content obtained through the Services will be complete, accurate or reliable; your use of the Services will be timely, secure, error-free or that access will be continuous or uninterrupted; the Services are free of viruses or other harmful components; or defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
We may change, suspend, withdraw or restrict the availability or all or any part of the Services for business and operations reasons at any time without notice. You are responsible for verifying any information obtained through the Services before relying on it. You understand that you are using the Services at your own discretion, and you freely accept and voluntarily agree to assume all risks, including personal injury, death and property damage or loss, connected with your use of the Services howsoever arising. If you are dissatisfied with the Services or with any of these Terms, you agree that you shall discontinue using the Services.
Your use of the Services may depend on the Internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly: (i) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) you acknowledge and agree that data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Gratify does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a seller of any good or services. The Services may contain links to other independent third-party websites, Gratify is not responsible for and does not review or endorse and has no control over any third-party site content or privacy policies. You will need to make your own independent judgement regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them. We strongly advise you to check the terms and conditions and the privacy policies of the third-party sites or resources before making use of them.
Limitation of Liability
To the maximum extent not prohibited by law, under no circumstances shall Gratify, our affiliates, and our and their respective shareholders, directors, officers, employees, contractors, advertisers, suppliers, content providers, licensors and agents (“Gratify Parties”) be liable (jointly or severally) to you or any other person for any direct, indirect, consequential, special, incidental, punitive or exemplary damages, or any losses or damages for lost profits, lost savings, lost revenues, lost goodwill or lost opportunity (collectively, the “Excluded Damages”). These limitations apply whether the alleged liability is based on tort (including negligence), contract or other theory of liability, even if any of the Gratify Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy, and you hereby waive, release and forever discharge the Gratify Parties from and against all of the Excluded Damages. If any applicable authority holds any portion of this section to be unenforceable, then the Gratify Parties’ liability will be limited to the fullest possible extent permitted by applicable law.
Under no circumstances will the Gratify Parties’ total liability to you exceed, in connection with the Services, $100.
Nothing in these terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified. If a guarantee, condition, warranty or term is implied or imposed in relation to these terms (a “Non-Excludable Provision”) and we are able to limit your remedy for breach of such Non-Excludable Provision, then our liability for a breach of a Non-Excludable Provision is limited to one or more of the following, at our sole option:
• in the case of goods, the replacement of the goods or the supply of equivalent goods, or the payment of the cost of replacing the goods or of acquiring the equivalent foods, or the payment of the cost of having the goods repaired; or
• in the case of services, the supplying the services again, or the payment of the cost of having the services supplied again.
Applicable Laws and Jurisdiction
These Terms, their subject matter and any disputes or claims arising in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of the State of Queensland and laws of the Commonwealth of Australia applicable therein, without giving effect to any choice or conflict of laws provisions or rules. You hereby submit and attorn to the exclusive jurisdiction of the courts of the State of Queensland and laws of the Commonwealth of Australia in respect of any disputes or claims arising out of or in connection with these Terms.
Subject to applicable law, your electronic signature gives your consent to receive all information from Gratify electronically including but not limited to disclosures, notices, communications, and all other communications with regards to your account status, purchases, billing, or any other transactions. Your electronic consent will remain in place until your relationship with Gratify is terminated. You can withdraw your consent at any time by emailing us at email@example.com. If you do not provide electronic consent or if you withdraw your consent Gratify may restrict, deactivate or close/terminate your account.
You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Gratify may at any time assign or transfer any our rights and obligations under these Terms, in whole or in part, without your consent and without notice to you. The Terms will endure to the benefit of and be binding upon by you and us and each of our respective heirs, executors, personal and legal representatives, successors and permitted assigns.
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the word “including”, the word “includes” the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to Services will also include any successor or replacement applications, websites, content, or services containing substantially similar information as the referenced Service(s).
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Our failure to insist upon or enforce any provision of these Terms will not be construed as a waiver of any provision or right.
I consent to receiving electronic communications from Gratify Payments AU Pty Ltd., relating to news, promotions, and commercial offerings and other information relevant to Gratify Payments AU Pty Ltd. business. I understand that I can withdraw my consent at any time by following the unsubscribe link in such communications.
Concerns, Questions, and Contact Information
Should you have any questions or concerns regarding these Terms, please contact us via the following methods:
1. Email: firstname.lastname@example.org
2. Phone: +61 7 3608-5133
3. Mail: Gratify Payments AU Pty Ltd.
117 Fernberg Rd.
Paddington Qld 4064, Australia