Terms and conditions

YOUR OXIPAY AGREEMENT

1. Oxipay and you:

Oxipay is a service that we provide for you to use to make purchases from Participating Retailers.

By registering for an Oxipay account you consent to a credit check, and have read and accept our privacy policy.

If we approve an application from you for a Transaction, we will pay the Net Purchase Price to the relevant Participating Retailer on your behalf. You agree to pay us the Instalment Payments for that Transaction on the due dates.

We provide Oxipay on the terms set out here. By accepting this Agreement, you agree to be bound by these terms.

2. Your Oxipay Account

You must create an Oxipay Account to be able to use Oxipay.

To create an Oxipay Account, you must:

  1. be 18 years or over;
  2. be a permanent resident of New Zealand;
  3. have a valid email address and mobile telephone number;
  4. not have been in default under any agreement with us (or any other member of the Flexi Cards group);
  5. have a valid debit or credit card account in your name with a registered bank in New Zealand;
  6. provide us with authority to debit amounts from that Nominated Card for every Instalment Payment; and
  7. have a current New Zealand driver licence.

You agree that, if required by us at any time, you will provide us with satisfactory proof of identity or any other information we request.

Access to your Oxipay Account requires a password (and for the purposes of this Agreement, ‘Password’ includes any password, PIN, SMS Code or similar that we may require from time to time). You have to keep your Password secret and secure. You must not choose a Password that is easily connected with you or from your personal data. You must not record or save your Password on your computer or in an email. You must not provide your Password to anyone else to enable them to access your Oxipay Account. You must use up to date antivirus, anti-malware and firewall software on your computers, electronic and mobile devices. This is important because anyone who obtains your Password will be able to access your Oxipay Account, obtain information about you and your Transactions and give us details and instructions.

If you have lost, forgotten, or misplaced your Password, or believe someone else knows it, you must immediately cancel your Password and re-set it. You can do this by contacting us on 0800 189 236.

We are not liable for any loss arising from unauthorised access to your Oxipay Account unless we have failed to take reasonable steps to prevent that unauthorised access.

You are responsible for any charges by your telecommunications provider for connecting to or using Oxipay, including call costs and data costs associated with browsing the internet.

3. Application and approval

Every time you shop using Oxipay, you must apply to us for a Transaction using the Oxipay Portal. An application for a Transaction is unconditional and cannot be reversed or stopped. We are under no obligation to approve any application for a Transaction (even if we have approved a previous application from you for a Transaction).

Without limiting our rights to decline any application or request further information, in order to apply for a Transaction you must have a current Oxipay Account (see section 2).

In addition, you must operate your Oxipay Account within the following limits:

  1. you must have no more than five Transactions outstanding at any time; and
  2. your Balance must not exceed $1,000 at any time.

You must provide us with all information that we request for the purpose of assessing any application for a Transaction. Our approval criteria may change from time to time.

4. Purchases

If we approve a Transaction, we will pay the Net Purchase Price to the relevant Participating Retailer on your behalf.

The agreement for the sale and purchase of the goods or services you buy using Oxipay is between you and the Participating Retailer. The Participating Retailer is not our agent and we are not acting on their behalf.

You acknowledge and agree that, to the maximum extent permitted by applicable law:

  1. we are not responsible or liable to you for any goods or services purchased from a Participating Retailer using Oxipay;
  2. we are not the supplier of the goods or services and we do not make any warranties as to fitness for purpose, quality or otherwise;
  3. we are not liable for any fault or defect that arises from the goods or services you buy using Oxipay; and
  4. we are not responsible for any charges or taxes payable to the Participating Retailer or any third party in connection with any purchase you make using Oxipay.

5. Instalment Payments

If we approve an application from you for a Transaction and we pay the relevant Participating Retailer in accordance with this Agreement, you agree to pay us the Instalment Payments for that Transaction.

Oxipay provides for purchases up to $1,500. For purchases of $1,000 and under, each Instalment Payment will be 25% of the Purchase Price for that Transaction. If you choose to make a purchase in excess of $1,000 you will pay 25% of $1,000 plus any amount in excess of $1,000 in your first Instalment Payment. Each subsequent Instalment Payment will be $250.

For each Transaction, we will debit the Instalment Payments from your Nominated Card on the due dates. The first Instalment Payment for a Transaction will be debited at the time of purchase and the subsequent Instalment Payments will be debited fortnightly after that. If any Instalment Payment falls due on a day that is not a Business Day, we may direct your bank to debit your Nominated Card on the following Business Day. If you are unsure about which day your Nominated Card has or will be debited you should ask your bank.

It is your responsibility to:

  1. ensure that your Nominated Card can be debited;
  2. ensure your Nominated Card details are correct by checking with your bank or checking them against an account statement, prior to providing them to us;
  3. ensure that there are sufficient cleared funds available in your Nominated Card for each Instalment Payment when due;
  4. meet any fees or charges payable to your bank (except for fees or charges arising as a result of our error);
  5. check your bank statements regularly to ensure that the amounts we debit from your Nominated Card are correct; and
  6. advise us if your Nominated Card is transferred or closed.

If you want to pay some or all of your Balance early or make any other change to the Instalment Payment arrangements, please contact us on 0800 189 236. We are under no obligation to agree to any requested change.

Each payment must be by direct debit or otherwise made by you to the account we advise to you. Each payment must be made free and clear of any restriction or condition, and without any deduction, set-off or withholding (unless required by law).

6. Late payments and defaults

If you do not pay us an amount under this Agreement when due:

  1. your Balance will automatically become immediately due and payable to us in full;
  2. a late payment fee (currently, $10) will apply each time we debit your Nominated Card for an Instalment Payment that is due but not received and you authorise us to debit your Nominated Card for the late payment fee;
  3. we may attempt to process any failed debit again (each failed attempt will incur a late payment fee (currently $10);
  4. we can exercise any other right given to us by law or in this agreement to collect your Balance from you;
  5. we can debit from your Nominated Card a Collection Fee (currently $30) for each Instalment Payment which we take steps to collect from you.

7. Returns, refunds and disputes

If you wish to return goods to, or request a refund from, a Participating Retailer, you must contact the Participating Retailer directly. Any dispute in relation to the relevant goods or services, and any agreement to return or refund, is between you and the Participating Retailer. Any dispute with the Participating Retailer in relation to the relevant goods or services does not relieve you of your obligation to pay the Instalment Payments to us.

We may refund an amount to you, or adjust, suspend or cancel future Instalment Payments, if we are required to do so in accordance with our agreement with a Participating Retailer or by law. If we are required to refund any amount to you, we will pay that amount to your Nominated Card or (at our option) adjust, suspend or cancel your future Instalment Payments to offset the amount due to you.

8. Cancellation

You can cancel your Oxipay Account by contacting us on 0800 189 236.

We may cancel your Oxipay Account at any time and for any reason by giving you notice.

On cancellation, your Balance will become immediately due and payable in full and we can immediately debit your Balance from your Nominated Card. You are responsible for subsequently cancelling the direct debit authority on your Nominated Card.

9. Privacy

Our current privacy policy forms part of this Agreement.

10. Amendments and waivers

We may update or amend this Agreement at any time (without your prior agreement). The amended terms will be available on the Oxipay Portal and will apply to each Transaction entered into after the date of amendment.

In addition, we may amend any fees and charges payable by you under this Agreement by giving you notice in advance at any time. Any such amendment will apply to Transactions entered into both before and after the date of amendment.

We do not waive any of our rights except where we do so in writing.

11. Complaints

If you wish to lodge a complaint, please let us know without delay by contacting us on 0800 189 236.

We aim to resolve all issues in a timely manner and we will acknowledge all complaints within 5 Business Days. We will keep you informed of progress throughout the process. If our customer services team is unable to resolve the complaint, it will be referred to one of our team managers and then to the internal disputes resolution team. This team is supervised by our Complaints Officer.

If we cannot resolve your complaint to your satisfaction, you may contact Financial Dispute Resolution, an external, independent scheme provider approved by the Minister for Consumer Affairs. There is no charge to you for this service.

The contact details of FSCL are as follows:

Telephone: 0508 337 337 or 04 910 9952
Fax: 04 918 4901
Email: enquiries@fdr.org.nz
Post: Financial Dispute Resolution, Freepost 231075, PO Box 2272, Wellington 6140.

12.General

You may not assign your rights under this agreement. We may assign our rights under this Agreement, without your consent.

If your contact details change, you must tell us within 5 Business Days by contacting us on 0800 189 236.

We may act on any instructions that we reasonably believe to be from you, whether those instructions are written, email or verbal or given in any other means. We are not required to enquire into, or verify, those instructions.

This agreement is governed by the laws of New Zealand.

13. Definitions

In this agreement, unless the context otherwise requires:

Agreement means this agreement including each policy that is stated to form part of this agreement (as amended from time to time).

Balance means the amount stated as your total balance owing in the Oxipay Portal and any other amount that becomes payable under this Agreement.

Business Day means a day other than a Saturday, Sunday or a national public holiday in New Zealand.

Collection Fee is $30.

Instalment Payment means, in relation to a Transaction, each payment due by you to us in accordance with this agreement.

Flexi Card Group means Flexi Group (New Zealand) and its Related Companies (as that term is defined in the Companies Act 1993).

Late Payment Fee is $10.

Net Purchase Price means, in relation to a Transaction, the Purchase Price less any fees payable to us by the Participating Retailer.

Nominated Card means a debit or credit card account in your name with a registered bank in New Zealand nominated by you in the Oxipay Portal, to be debited and credited with amounts in accordance with this agreement.

Oxipay means the service provided by us to you, as described in this agreement.

Oxipay Account means the Oxipay account maintained by us in your name.

Oxipay Portal means the online interface provided to you by us at oxipay.co.nz

Participating Retailer means a retailer that accepts payment using Oxipay, as described in the Oxipay Portal.

Purchase Price means, in relation to a Transaction, the total purchase price of the goods or services purchased or to be purchased by you from a Participating Retailer.

Transaction means the payment of the Net Purchase Price by us on your behalf to a Participating Retailer for the purchase of goods or services from that Participating Retailer in exchange for your agreement to pay us the Instalment Payments in accordance with this agreement.

Us, we or our means FlexiGroup (New Zealand) Limited.

You and your means the person in whose name we open the Oxipay Account.