TERMS AND CONDITIONS
1. INTRODUCTION
This Agreement consists of the following documents:
(a) these Terms and Conditions; and
(b) the Application.
2. DEFINITIONS & INTERPRETATIONS
In this Agreement, unless the context otherwise requires:
(a) “Agreement” means this document, including any schedule or annexure to it;
(b) “Application” means the online application on Save2Pay’s website which is completed by the Customer for the purposes of providing the Information and engaging Save2pay’s Services;
(c) “Commencement Date” means the date when the Customer completes their Application and accepts this Agreement;
(d) “Confidential Information” means information that is not already in the public domain (unless it is in the public domain as a result of a breach of this Agreement), whether or not in written form which relates to or is connected (either directly or indirectly) with the:
(i) Services;
(ii) Save2Pay and its related entities, including financial and business information, business plans, business models and reports relating to Save2Pay and its related entities;
(iii) Save2Pay’s business; and
(iv) terms of this Agreement.
(e) “Cost” means any cost, charge, expense, outgoing, payment or other expenditure of any nature and where appropriate includes fees and disbursements payable to contractors, consultants and lawyers;
(f) “Customer” means the person specified in the Application as receiving the Services;
(g) “Department” means the Western Australian Department of Transport or any other Government department or authority which may have conduct or responsibility for any Registration Fees in Western Australia;
(h) “Information” means the information required to be provided in an Application by the Customer
(i) “Instalment” means the weekly/fortnightly/monthly instalment payments of the Registration Fee and Service Fee, payable to Save2Pay on or before the Payment Date as indicated in the Application;
(j) “Liability” includes a present, prospective or contingent liability;
(k) “Payment Date” means the date when the Registration Fees are due and payable to the Department from time to time as notified in the Application or in accordance with clause 6.2;
(l) “Registration Fees” means the motor vehicle registration fees payable to the Department for the Vehicle from time to time;
(m) “Save2Pay” means Save2Pay Pty Ltd (ACN 152 341 930) as trustee for Save2Pay Trust trading as Save2Pay and as the case may require, any related entity of Save2Pay;
(n) “Services” means the collection and payment of the Customer’s Registration Fees by Save2Pay to the Department for and on behalf of the Customer in accordance with the terms and conditions of this Agreement;
(o) “Service Fee” means the non-refundable fee charged by Save2Pay from time to time for the provision of the Services to the Customer; and
(p) “Vehicle” means the Customer’s vehicle/s as specified in the Customer’s Application.
3. SERVICE
In consideration of the payment of the Service Fee to Save2Pay by the Customer, Save2Pay will provide to the Customer the Services pursuant to the terms and conditions of this Agreement.
4. AGENCY
For the purposes of the provision of the Services by Save2Pay, the Customer exclusively appoints Save2Pay as its duly appointed agent, and Save2Pay accepts such appointment.
5. TERM
This Agreement commences on the Commencement Date and shall continue until the termination of this Agreement in accordance with the terms and conditions of this Agreement.
6. PROVISION OF INFORMATION
6.1 The Customer acknowledges and agrees that the provision of the Services including (but not limited to) the calculation of the Instalment, shall be solely based on the Information provided by the Customer in their Application.
6.2 Following the completion of an Application, the Customer will be provided with an automated response email confirming the Customer’s reference number and the Information provided by the Customer.
6.3 The Customer must notify Save2Pay (by email to: info@save2pay) of any change in the Payment Date as soon as practicable following the receipt of an account notice from the Department.
6.4 The Customer must immediately notify Save2Pay in the instance that the Information requires variation or amendment, and must adjust the payment of the Instalments via Save2Pay’s website if required. For the avoidance of doubt, Save2Pay are not obligated to amend any Information or Payment Date unless specifically requested by the Customer in writing.
7. PAYMENT OF FEES
7.1 From the Commencement Date, the Customer shall pay to Save2Pay the Registration Fee and the Service Fee by way of the Instalments in the manner indicated in the Customer’s Application or, where agreed, by way of a lump sum.
7.2 The Customer may pay the Instalments by Electronic Funds Transfer or by any other means specified in the Application or such other method of payment as agreed between the parties.
7.3 The Customer acknowledges and agrees that the Registration Fees must be paid to Save2Pay in full on or before a Payment Date and that no Registration Fees will be paid (in part or in full) to the Department if the full amount of the Registration Fee and the Service Fee is not received in cleared funds at least one business day prior to a Payment Date.
7.4 The Customer acknowledges and agrees that the Instalments will be placed in an interest bearing trust account and that any accrued interest earned will go towards supporting various community groups and not-for-profit organisations.
8. CUSTOMER’S OBLIGATIONS
During the Term, the Customer must:
(a) pay the Instalments in full and without deduction;
(b) comply with the terms set out in this Agreement;
(c) provide Save2Pay with accurate and up to date Information; and
(d) in addition to the Customer’s obligations under clause 6.4, notify Save2Pay immediately of any other issue or matter which may directly or indirectly affect the provision of the Services.
9. SAVE2PAY’S OBLIGATIONS
9.1 Subject to the terms of this Agreement, Save2Pay will pay the Registration Fee to the Department by the Payment Date.
9.2 Subject to clause 9.3, if the Customer provides Save2Pay with a written request specifying that it no longer requires the Services and requires the reimbursement of all accumulated Registration Fees (Request), Save2Pay will pay to the Customer an amount calculated as follows:
(a) all accumulated Registration Fees (excluding any accrued interest; minus –
(b) any Service Fees payable to Save2Pay but unpaid; minus –
(c) an amount being a reasonable administration fee which amount shall not exceed 10% of the accumulated Instalments,
within 24 hours of receipt of the Request.
9.3 The Customer acknowledges and agrees that Save2Pay will use its best endeavours to process a request pursuant to clause 9.2 within 24 hours of receipt of a Request but cannot guarantee that any amount payable to the Customer will reach the Customer’s nominated bank account within the 24 hours of receipt of the Request due to postal or bank processing delays.
10. TERMINATION
10.1 Termination by Save2Pay
Notwithstanding any other condition of this Agreement, and without prejudice to any other remedies Save2Pay may have against the Customer, Save2Pay may terminate this Agreement at any time without notice in the following instances:
(a) the Customer fails to pay any Instalment in accordance with the Application and clause 6 or the Customer otherwise fails to make any other payment as required in accordance with this Agreement;
(b) the Customer fails to notify Save2Pay in accordance with clause 6.3 or 6.4; or
(c) Save2Pay becomes aware that the Customer is under the age of 18 years;
(d) the Customer breaches any other clause in this Agreement and has failed to remedy that breach within 3 days of written notice being provided to the Customer, such notice specifying the breach and requiring rectification of the breach.
10.2 Termination by Customer
The Customer may terminate this Agreement by providing Save2Pay with a Request in accordance with clause 8.2 of this Agreement.
10.3 Costs and expenses
The Customer must, on demand, reimburse Save2Pay for all costs, charges, expenses, fees, disbursements (including all legal costs on an indemnity basis) paid or incurred by Save2Pay of or incidental to:
(a) any breach, default or repudiation of this Agreement by the Customer; or
(b) the exercise or attempted exercise of any right, power, privilege, authority or remedy of Save2Pay under or by virtue
of this Agreement, including all amounts incurred in preparation and service of a notice under this Agreement and in enforcing this Agreement generally,
and, following such demand, any amount owing will be deemed to be a debt owing to Save2Pay.
11. CONFIDENTIAL INFORMATION AND PRIVACY
11.1 Subject to clause 11.2, each party must comply with Division 3 of Part III of the Privacy Act 1988 (as amended) as if it were an “organisation” and ignoring any exemption or concessions in relation to the operation of “small businesses”.
11.2 Save2Pay shall only use personal information (as that term is defined in the Privacy Act 1988) for the purposes of providing the Services and the Customer agrees, acknowledges and consents to the use of its personal information provided to Save2Pay for such purpose.
11.3 The Customer shall not divulge or release any Confidential Information to any person other than in accordance with this Agreement.
12. WARRANTIES & LIABILITY
12.1 Warranties
(a) Save2Pay does not make any representation, warranty, assurance or inducement in relation to the Services.
(b) The Customer warrants that the Information provided to Save2Pay is accurate and up to date, and acknowledges that Save2Pay has relied on such warranty and Information.
(c) The Customer warrants that it has full power and authority to execute this Agreement and to perform and observe all of its terms and provisions
12.2 Liability
(a) Subject to this clause 12.2, Save2Pay has no Liability (including, without limitation, consequential loss or damage), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of:
(i) the provision of the Services;
(ii) the Information provided or not provided by the Customer in accordance with clause 6;
(iii) the failure of the Customer to pay any Instalment in full to Save2Pay, unless such loss or damage is caused by the negligence of Save2Pay or its employees or agents;
(iv) the non-payment of the Registration Fees to the Department due to any breach of the Customer’s obligations in accordance with this Agreement; or
(v) any loss, damage, cost, expense, penalty payment directly or indirectly caused or incurred to or by the Customer with respect to the non-payment of the Registration Fee.
(b) All statutory or implied conditions, guarantees or warranties are excluded to the extent permitted by law.
(c) To the extent permitted by law, Save2Pay’s liability under clause 12.2(a), which cannot be legally excluded, is limited to the lesser of:
(i) supplying the Service again; or
(ii) the accrued amount of all Instalments held by Save2Pay as at the date the liability arose;
(d) This clause 12 survives the termination or expiration of this Agreement.
13. INDEMNITY
13.1 In addition to any other indemnity the Customer is required to provide pursuant to this Agreement, the Customer shall indemnify Save2Pay and Save2Pay’s directors, agents, servants, sub-agents, subcontractors and employees against all Liability, Cost, loss, claims, actions, suits, demands, expenses, including all legal costs and expenses in any way arising out of any breach of this Agreement.
13.2 The indemnity specified in clause 13.1 survives the termination or expiration of this Agreement.
14. GOODS AND SERVICES TAX
The consideration payable for any supply made or to be made under this Agreement is inclusive of, any goods and services tax (GST).
15. SEVERABILITY
In the event of any part of this Agreement becoming void or unenforceable, whether due to the provision of any statute or otherwise, then that part shall be severed from this Agreement, to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and be unaffected by any such severance.
16. ENTIRE AGREEMENT
This Agreement and any annexure comprise the entire agreement between the parties.
17. VARIATION
Any variation of this Agreement must be agreed to in writing by the parties.
18. GOVERNING LAW AND JURISDICTION
The parties agree to submit to the jurisdiction of the Courts of Western Australia and, if applicable, the Commonwealth of Australia.
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