Parties to the Agreement

These Terms and Conditions are a legal agreement between you (“you” or “your”), the person accessing and using the Website and Gratify Services and Gratify (“Gratify”, “we”, “us” or “our”).

These Terms set forth the legally binding terms and conditions concerning your use of the Gratify website as well as services and products provided by Gratify, either online, in person or via telephone.

By using the website and gratify services, you agree you have read and are indicating your acceptance of, and you agree to be bound by, the terms and conditions of these terms which shall govern your access and use of the website and gratify services. If you do not agree with one or more of these terms, you should not access or use the website and gratify services and must cease use of the same.

Services

Gratify provides services that allow merchants to offer their customers the ability to pay for goods or services in installments.

Eligibility

To be eligible to use our services, you must;

  1. Be at least 18 years of age
  2. Reside within Australia
  3. Be able to lawfully enter into and form contracts under applicable law
  4. Australian mobile phone number with ability to receive SMS notifications.
  5. Provide a valid email address
  6. Provide an active supported payment method that can be kept on your Gratify User Account
  7. Provide personal information for use in assessing your eligibility to use the Gratify services.
  8. Provide personal information and documentation for use in conducting identity and age verification checks, including your driver’s licence and/or other details/documents.
  9. Provide any other information to Gratify when requested.

Your Obligations;

  1. Hold only (1) Gratify User Account and use your account for personal use only
  2. Make sure account information is always current and up to date.
  3. Maintain confidentiality and security of your password and identification and agree to accept responsibility for all activities that occur with your permission using your Gratify account or password
  4. Promptly notify us if your password is lost or stolen, or if you believe there has been or could be unauthorized access to your account by third parties.
  5. Comply with all terms and conditions set forth by the merchant with regards to the sale of product of services.
  6. Comply with all terms and conditions listed out in this agreement.

Gratify Obligations;

  1. Gratify shall provide you with a user account (“Online Portal”) which allows you to access information regarding your use of the Gratify Services, including payments made and your upcoming payment schedule
  2. Assess your application for the Gratify Services based on the results of the credit, identity, risk assessment, and payment checks (when applicable)
  3. Issue a decision to approve or deny your application to use Gratify services. After which we will inform the merchant of the decision to approve or deny your application.
  4. Provide you with written notice of changes to agreements and/or policies.

SMS Communication

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 an Australian 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 number, you agree to receive text messages for service notifications and verification codes from Gratify. We will not sell your data.

Assignment

You may not assign, transfer any or all of your rights under these terms and conditions without written consent by Gratify. Gratify may at any time assign or transfer all of its rights under these terms and conditions without your consent. The terms and conditions are binding and will be enforceable by each of the parties and their respective successors.

Changes to Agreement

Gratify may choose to amend this agreement from time to time. We will notify you via the email address associated with your account when any changes are made to these terms. The new version of the terms/agreement will be posted on the Gratify website. It is your responsibility to review this agreement on the Gratify website from time to time. If you conduct any transaction using your account or access our website after we have made a change to the agreement, this will mean that you have agreed to the most recent updated version of the terms/agreement. If you do not agree with the changes or the terms of this agreement, do not continue to use our services. The most up to date version of the terms of the agreement will always be available on the Gratify website.

We will not change any terms and conditions for an existing purchase that has been accepted by us; the terms and conditions that will apply to an accepted purchase are the terms and conditions that applied at the time you made the purchase.

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.
    1. 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

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.

  1. If an order goes into arrears, you will incur a one-time order late fee of $10.00.
  2. If an installment payment fails, you will incur a $2 decline fee, and the installment will be deferred for up to a week.
  3. If your account has any active order in arrears for more than 30 days, there is a monthly $5 account fee.

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 info@gratifypay.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.

Termination/Account Closure

You may at any time request to close your account and terminate the terms of this agreement. This request may take up to 30 business days to process, and you may not close your account to evade investigation. Gratify will not close your account if any payment amounts are outstanding on your account and you will remain liable for all obligations related to your account, even after your account is closed. We will continue to retain your information in accordance with our Privacy Policy and any applicable laws.

Gratify may terminate your account if there are any breach of the terms listed in this agreement or if any of the following;

  1. We consider termination of your account is necessary to protect the integrity and/or security of our systems
  2. Prevent fraud, or otherwise protect us against legal or regulatory risks
  3. Fraudulent/suspicious activity, misleading or inaccurate information is provided to us by you.
  4. You are deemed unable to pay or you apply for bankruptcy
  5. Your account has been inactive for at least 2 years

Electronic Consent

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 communication 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 support@gratifypay.com. If you do not provide electronic consent or if you withdraw your consent Gratify may restrict, deactivate or close/terminate your account.

Intellectual Property

All content included in or made available through the services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) are owned by Gratify or one of its affiliates. The copying, redistribution, use or publication by you of any part of the services, unless expressly permitted in this agreement, is strictly prohibited. Use of the services or website does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the services does not constitute a waiver of any right in such information and materials.

Data Protection

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 Gratify service and the services of our partners.

You agree that your use of the website and the Gratify services is subject to the terms of the Gratify Privacy Policy. Please refer to the Privacy Policy for information on how Gratify collects, stores, uses, discloses, and transfers your personal data.

Indemnification

To the extent permitted by law you agree to release, indemnify and hold harmless Gratify, our affiliates, respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees with relation to: your access, use, or inability to use your Gratify account or services; your breach or alleged breach of this agreement; your violation of any rights of a third party; your violation of any applicable laws; or your failure to provide and maintain true, accurate, current and complete information of your Gratify account. You will be requested to cooperate as required in the defense of any claims. Gratify reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Gratify. To avoid any doubt, this indemnification, defense and hold harmless policy will survive the terms and conditions and the termination of the use of the Gratify services.

Warranties Disclaimer

To the extent permitted by law, the website and gratify services are provided “as is” and “as available”. Gratify disclaims all warranties, representations or conditions of any kind, whether express or implied. Gratify specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Gratify does not warrant that the website or gratify services will be complete, accurate, reliable, timely, secure, error free or that access will be continuous or uninterrupted. You understand that you are using the website and gratify services at your own discretion. If you are dissatisfied with the website, gratify services or with any of the terms, conditions, guidelines, practices or policies of gratify in operating the website or in providing gratify services you agree that you shall discontinue using the website and gratify services.

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 website 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 advised 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 extent not prohibited by law, under no circumstances shall Gratify, our subsidiaries, partners, or affiliates, be liable to you for any loss or damage with regards to the following;

  1. Use or inability to use the website
  2. Rejection of your application for Gratify services
  3. Computer viruses or attacks
  4. Any breach by the merchant, including failure to deliver products, and faulty or damaged products
  5. Our total liability to you in connection with these terms and conditions will be limited to $100

Nothing within these terms is intended to exclude, restrict or modify any of your Consumer Rights, including limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

Applicable Laws and Jurisdiction

These terms and conditions as well as any dispute or claims arising in connection with it, or its 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.

Concerns, Questions, and Contact Information

Should you have any questions of concerns regarding these Terms and Conditions. Please contact us via the following methods;

  1. Email: support@gratifypay.com
  2. Phone: +61 7 3053 8365
  3. Mail: PO Box 59
    Paddington Qld 4064