Customer Terms and Conditions

Version: 4 December 2018

This document sets out the terms on which a natural person (you or your) may use the Service provided by Latitude Innovation Holdings Limited, trading as Genoapay (Genoapay), which enables customers to pay for goods or services purchased from one of Genoapay’s authorised Merchants through Genoapay advancing a loan to the Customer, which the Customer repays in 10 or less equal instalments, without interest.

By registering to use the Service, you acknowledge and agree to be bound by these terms as between you and Genoapay.

Introduction

  1. These terms set out the basis on which you are able to access and use the Service. If there is any inconsistency between these terms and any other terms set out on the Website, these terms will prevail (except as expressly contemplated by these terms).
  2. In summary, the Service operates as follows:
    1. you will register with Genoapay to use the Service
    2. you will select a Merchant that is offering the option to pay for goods and services using the Service;
    3. in the event that the Merchant is required to confirm that you can use the Service to pay for goods and/or services from that Merchant, subject to the Merchant’s confirmation being provided then you will apply for a Loan to pay the Merchant; and
    4. if your Loan Application is approved by Genoapay, then you and the Merchant will each receive a confirmation, following which your transaction with the Merchant will be completed and the Merchant will deliver or provide the relevant goods and/or services to you.

The above steps are carried out online on the Website (except for the transaction between you and the Merchant).

Registration as a Customer

  1. In order to access and use the Service, you must register as a Customer by completing the online Customer Application. The Customer Application will collect personal information from you, which will be used by and disclosed by Genoapay, on the terms set out in the Privacy Policy specified on the Website, which you agree will be binding on you.
  2. You must complete the Customer registration process found under the “Sign Up” link on the Website. You may be directed to the Website following receipt of a request to register with Genoapay from a Merchant as part of an in-store or online purchase process.
  3. Genoapay reserves the right not to register any person as a Customer if that person has not completed the registration process to Genoapay’s satisfaction or does not meet Genoapay’s eligibility criteria set out in clause 8.
  4. You may be required to renew your registration with Genoapay if you have not used the Service for 6 months, or otherwise not less than once per year.
  5. Once you are registered as a Customer on the Website, you can use the Service and apply for a Loan.
  6. Genoapay’s eligibility criteria for registering as a Customer are:
    1. You must be a natural person (that is, not a company, partnership, incorporated society, trust, or other legal entity);
    2. you must be a New Zealand resident, which Genoapay will verify through you having a New Zealand residential address and, upon request by Genoapay, you will provide a copy of your driver’s license or passport for the purpose of verifying your identity;
    3. you must have a bank debit card or credit card (Visa or MasterCard) or New Zealand bank account to use the Service;
    4. you must be 18 years of age or older when you register; and
    5. you must have an acceptable credit record, as determined by Genoapay at its discretion. You agree to provide any necessary information required by Genoapay to assist with Genoapay’s determination of your credit record.
  7. Genoapay may terminate or suspend your registration as a Customer at any time by notice to you if Genoapay reasonably believes that you are not complying with these terms or are otherwise not using the Service for its intended purpose.
  8. You may terminate your registration as a Customer at any time by notifying Genoapay through the Website or by email at help@genoapay.com
  9. If your registration is terminated or suspended, these terms will continue to apply in respect of any outstanding Loan Amounts at the time the termination or suspension takes effect.
  10. Subject to clause 11, these terms will apply to you for so long as you are registered as a Customer.

Loan Process

  1. You can only use the Service with the Merchants that are listed on the Website at https://www.genoapay.com/stores. Genoapay may from time to time introduce new Merchants who will be added to the Website.
  2. Your Loan Application must be approved before you can use the Service with a Merchant. You may apply at any time for a specific Loan after you have completed the registration process.
  3. Each Merchant has the discretion to decide whether to enter into a transaction with you using the Service, including transactions relating to the part-payment of any goods or services provided by the Merchant.
  4. Genoapay provides the Service and has not manufactured or supplied any goods or services supplied by a Merchant. Genoapay does not make any representation or warranty about a Merchant’s goods or services or their availability at any time and you acknowledge that you have not relied on Genoapay’s skill, opinions or judgement in any way in relation to any goods or services acquired form a Merchant. You should read the Merchant’s terms and conditions regarding its sale of goods and provision of services and you should enquire into the Merchant’s compliance with the Consumer Guarantees Act 1993, Fair Trading Act 1986 and any other applicable law.
  5. You may only have a maximum of three Loans at any one time and the aggregate amount outstanding under all Loans (including any applicable fees or charges) must not exceed the limit notified to you by Genoapay.
  6. If you want to apply for a Loan using the Service, the Merchant will provide you with details of your proposed transaction (including the Loan) via the Website (by providing these details, the Merchant is making an irrevocable offer to you to enter into the relevant transaction on the basis of the payment details provided, subject only to the Loan Application being approved by Genoapay). You will need to provide details to Genoapay to complete the transaction and, at this time, Genoapay will complete a credit check in relation to you before issuing the Loan to the Merchant. There is no fee payable by you when submitting a Loan Application.
  7. As part of the Loan Application, you must provide Genoapay with details of your bank account, debit or credit card with a registered bank in New Zealand, from which payments are to be made by you in respect of your Loan. By providing those details you agree to Genoapay (or Genoapay’s agent) establishing a payment arrangement against that bank account or credit card on the terms set out in the authority attached to these terms in relation to the amounts payable by you under these terms or any Loan Contract.
  8. Once your Loan Application has been approved, you will be able to accept the Merchant’s offer and, on acceptance, you and the Merchant will simultaneously receive notification that the transaction has been completed and a Loan Contract will be in effect between you and Genoapay under which Genoapay will agree to advance the Loan Amount to you and you will repay the Loan in accordance with the terms of the Loan Contract. The Loan Contract will incorporate the terms and conditions set out in the schedule to these customer terms. Genoapay does not guarantee a successful approval of any Loan Application.
  9. You agree and acknowledge that if you receive notification from Genoapay that a transaction has been completed, you are bound to complete the purchase of the relevant goods and/or services and the Merchant is bound to complete the transaction and supply the relevant goods and/or services.

Settlement

  1. Your Loan will be deemed to be advanced to you (by way of settlement of the sale and purchase of the goods and/or services with the relevant Merchant) immediately after Genoapay has provided you and the relevant Merchant with a notification confirming that the transaction has been completed.
  2. At the time the transaction is completed, Genoapay will collect the first instalment that makes up 1/10th (or another factor determined by Genoapay and notified to you from time to time) of the Loan Amount from you
  3. Genoapay will be responsible for paying the Merchant for the goods or services you have agreed to buy from that Merchant.

Fees and Charges payable by You

  1. If a Loan is advanced to you and you are unable to pay any instalment payment, you must pay a missed payment fee (currently $10 including GST) in relation to each such payment missed, which will be charged to your account as soon as each payment’s deadline passes. Please get in touch with Genoapay in advance if you think this might happen.
  2. Genoapay may from time to time introduce new types of fees or charges to be charged under or in connection with the Service or Loan Contracts with effect from the time specified on the Website under the https://www.genoapay.com/terms-and-conditions section. However, any new type of fee or charge will apply in respect of a Loan only if you lodged the Loan Application on the Website after the new type of fee came into effect.

Repayments

  1. You must pay the Loan Repayments and all other amounts required to be paid by you under a Loan Contract to Genoapay on the applicable due date(s). You acknowledge that all such payment instalments will be effected through the payment arrangements referred to in clauses 28 and 29.
  2. The Loan must be repaid in 10 or less instalments in total, calculated by dividing the total purchase price of the good(s) and/or service(s) purchased (including GST and any related charges imposed by the Merchant) by 10 (or less).
  3. Despite clauses 27 and 28, you can prepay the Loan or any portion of it early, in accordance with the terms of the Loan Contract.

Collection Services

  1. Genoapay will provide (by itself or through a third party) collection and enforcement services (collectively, Collection Services) in respect of your Loans. The Collection Services include:

    1. monitoring all payment obligations under each Loan Contract;
    2. taking appropriate steps to contact you for payment arrears; and
    3. taking appropriate recovery action where there is a payment default.

    You agree to pay any and all costs incurred as a result of Collection Services.

  2. Genoapay (or its agent) will be entitled to process additional direct debit payments to cover any collection fees payable by you.
  3. Genoapay may at any time without notice to you, set-off against any money owing by us or any of our related entities to you, any debt or liability you may have to us on any account whatsoever.

Returns and Refunds

  1. Returns and refunds are subject to each Merchant’s policy. Genoapay will only provide a refund if the relevant Merchant approves the return of the relevant goods or services you paid for using Genoapay.
  2. You are responsible for contacting the relevant Merchant to request a refund or to return a purchased product.
  3. If purchased goods have been returned to a Merchant in line with their policy and accepted by the Merchant they will notify Genoapay and:
    1. The relevant Loan and Loan Contract will be cancelled (along with any direct debit authority you have provided in relation to that Loan); and
    2. Genoapay will process a refund of all Loan Repayments you have made under the relevant Loan.

Warranties

  1. You warrant to Genoapay that:

    1. all information you provide to Genoapay is true, accurate, and complete, and there is no information which has not been provided which would impact on Genoapay’s decision to register you as a Customer or to make a Loan available;
    2. you will provide Genoapay with updated information in respect of any Loan or personal information if any of your circumstances have changed from the time you submitted your Customer Application;
    3. you will use an alternative bank debit or credit card if your card that is registered on your account expires before your last Loan Repayment instalment; and
    4. if your residential address, email address, or telephone number changes, you will immediately provide Genoapay with notice of the change and update the dashboard with your revised information.

Right to Profit

  1. You acknowledge and agree that Genoapay and its Related Companies may be paid a commission or other financial benefit by the Merchant and/or by the person providing funding for the Loan in connection with any Loan or the Service.

Liability

  1. You acknowledge and agree, in respect of Genoapay, and its respective employees, directors, officers, agents and contractors (together, relevant persons), that none of the relevant persons will be liable in respect of:

    1. any failure to provide the Service; or
    2. any failure to comply with this agreement, if the failure or non-compliance is caused by events beyond its reasonable control; or
    3. any failure by you to be offered a Loan at any time.

    Nothing in this clause 39 or these terms limits any rights you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable legislation. This clause 39 is for the benefit of, and is enforceable by, each relevant person, in terms of the Contracts (Privity) Act 1986.

  2. You acknowledge that you do not rely on Genoapay’s skill or judgement as to the suitability or otherwise of the Service for your specific needs.
  3. You acknowledge that the Website may not be available at all times and that Genoapay will not be liable to you for any loss of profit or opportunity (however described) arising from any inability to access the Website at any time.
  4. Genoapay will not be responsible or liable to you for any indirect, or consequential injury, loss or damage to you or your property whatsoever or howsoever arising. Nothing in this clause is intended to have the effect of contracting out of the Consumer Guarantees Act 1993.

Communications

  1. Genoapay may provide you with communications in relation to the provision of the Service, including notices, by mail or in an electronic form, including by email and text messages.
  2. You must provide notices to Genoapay by email to the email address below. If you have any questions about the Service or these terms, please contact Genoapay as follows:
    Email: help@genoapay.com

Dispute Resolution

  1. Genoapay suggests you contact Genoapay first and it will do all it can to resolve the dispute as soon as possible:
    Phone: 021 436 625
    Email: help@genoapay.com
  2. If Genoapay cannot assist you with resolving the dispute, Genoapay is member of the Financial Services Complaints Limited dispute resolution scheme. You may refer any dispute relating to the provision of the Service to that dispute resolution service, details of which are as follows:
    Phone: 0800 347 257 or 04 472 3725
    Email: info@fscl.org.nz
    Post: Financial Services Complaints Limited, PO Box 5967, Lambton Quay, Wellington 6145
    Website: www.fscl.org.nz
  3. Genoapay will not resolve any dispute you may have with the relevant Merchant regarding any goods or services you have purchased using the Service. Please contact the relevant Merchant directly.

Amendments to Agreement

  1. Subject to clause 26, Genoapay may modify these terms, and the way in which Genoapay provides the Service, at any time by notice on the Website under the https://www.genoapay.com/terms-and-conditions section. You should check the https://www.genoapay.com/terms-and-conditions section of the Website regularly. Any such modifications will apply from the date stated on the Website.

Assignment

  1. You may not transfer or assign any of your rights or obligations under these terms without Genoapay’s prior consent.
    Genoapay may transfer or assign all and any of its rights and obligations under your Loan Contract to any person, without requiring your consent.

Anti-Money Laundering Obligations

  1. Genoapay has initial and ongoing customer due diligence and other obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (or equivalent legislation in other countries) and related regulatory directives or guidelines. You agree promptly on request by Genoapay to provide it with any information and documents that are reasonably required to enable Genoapay to comply with those obligations.

Governing Law

  1. This agreement is governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the NewZealand courts in respect of all matters arising under or in connection with this agreement.

Definitions

  1. In these terms:
    Customer means a natural person who has registered as a Customer with Genoapay;
    Customer Application means the application to become a Customer, set out on the Website;
    Collection Services has the meaning given to that term in clause 30;
    Credit Checks means the credit checks carried out by Genoapay on a Customer, either itself or through a third party credit reporting agency;
    Loan means the Loan Amount lent by Genoapay to a Customer using the Service;
    Loan Amount means the amount advanced by Genoapay to you under a Loan;
    Loan Application means the application for a Loan, which is set out on the Website;
    Loan Contract in relation to a Loan means the contract under which that Loan is made comprising the loan terms and conditions (as set out in the schedule to these customer terms) and a Payment Plan Agreement referred to in these terms and conditions;
    Loan Repayment means each instalment of the Loan Amount, which will be payable by the Customer to Genoapay, on a regular basis until the Loan is fully repaid;
    Merchant means the supplier of goods and/or services which has registered with Genoapay with which the Customer intends to use the Service;
    Privacy Policy means the then current privacy policy of Genoapay specified on the Website;
    Service means the service relating to the management of the Customers’ payment for goods and services to Merchants which Genoapay provides through the Website; and
    Website means the website at www.genoapay.com, or such other website as Genoapay may from time to time operate to provide the Service.

Interpretation

  1. In these terms:

    1. headings are inserted for ease of reference only, and do not affect the interpretation of these terms;
    2. references to you or your means the Customer;
    3. references to the singular include the plural and vice versa;
    4. references to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
    5. reference to any party includes its permitted assignee or transferee;
    6. any reference to Genoapay includes any entity appointed to replace it;
    7. reference to the “liability” of a person include references to its liability under any cause of action, whether in contract, tort, or equity or under any enactment;
    8. references to any document (however described) are references to that document as modified, novated, supplemented, varied or replaced from time to time and in any form, whether on paper or in an electronic form; and
    9. a reference to any legislation is a reference to that legislation as amended or replaced from time to time, and includes any regulations or legislative instrument made under it.