SPLITIT LTD (Company) Objectives The Risk, Audit and Governance Committee (Committee) has been established by the board of directors (Board) of the Company pursuant to article 47 of the Company’s articles of association. The Committee’s primary objective is, in
Last Updated: August 2020
We are a retailer of goods or services that you are seeking to purchase (“Us“, “Our” or “We“). This agreement is between us and the cardholder who is making the purchase (“You“).
You have indicated that you want to make a purchase from us. The purchase is governed by our normal terms of business and by these additional terms, creating a “Purchase Agreement” between You and Us. You have indicated that you wish to pay using a payment card that has been issued to you, which is facilitated by a service provided by Splitit Australia PTY Ltd (see below).
By selecting the “Splitit” payment option at the checkout page, we agree to take payment from your eligible card in the number of payments that you have selected at checkout (we call these “Instalments“). The amount of each Instalment we will take will be shown on the website before you complete your purchase and emailed to you immediately after you complete your purchase. The first Instalment is taken when your order is completed (we might take it later if shipment is later – but, in any event, we never take the initial payment more than 28 days after you placed your order). Each subsequent Instalment is then taken monthly until the entire amount due under this Purchase Agreement is paid.
Neither we nor Splitit impose any interest or additional charges to you for selecting this payment option. However, we are required by law to warn you that you may have to pay other taxes or costs that are not imposed by us (such as internet charges or charges imposed by customs in your country).
In particular, please note, as payments are being charged to your card, you may be charged interest or charges imposed by your card issuer under their agreement. This could include late payment fees or over limit fees if you have not kept a sufficient balance to cover the payments we are allowed to take.
If you used a credit card in order to facilitate payment in instalments, we may obtain a pre-authorisation against your credit card for the full amount of the purchase at the time of purchase. A pre-authorisation means that a portion of your available credit line on your credit card for the full amount of the purchase will be blocked in order to secure future payments. This means that we have the ability to take payment under the Purchase Agreement for the full purchase price (or any amount of it you have not paid when due). This pre-authorisation amount will be reduced by any instalments paid over time. To ensure we retain a valid pre-authorisation against your credit card for the goods or services we have supplied you with, we will renew the pre-authorisation every 21 days using the credit card details provided at the time of purchase by submitting a pre-authorisation for the amount you owe us. We will let you know 7 days before we intend to renew our pre-authorisation.
Your credit card issuer is likely to block the amount we have pre-authorised on your credit card so that you will not be able to use that amount of your credit line while our pre-authorisation remains in place. Even if they have released the block on your credit card, you should still ensure you have enough available funds in your credit card’s line of credit to cover the full amount you owe us under this Purchase Agreement for your purchase (not including any sum you have already paid to us).
If any pre-authorisation we seek to make against your credit card fails, we will contact you by email to let you know. We will also keep attempting to get approval for the pre-authorisation by submitting a request once a day for the following 7 days. You can provide us with a different valid and acceptable credit card to use instead to take pre-authorisations and payments from. We will then submit any payment pre-authorisations and subsequent settlement requests against this credit card instead. If we are not able to renew a pre-authorisation for the sums you owe under this Purchase Agreement by following the processes set out above, we will submit a payment request against the last pre-authorisation we held against your credit card for the full purchase price less any Instalments paid over time.
If you provided a debit card in connection with your Purchase Agreement, an initial pre-authorisation may be placed on the debit card at the time of purchase, and it will be removed in up to five days. No subsequent pre-authorisations will be placed against your debit card. Like with credit cards, we will continue to take subsequent Instalments on a monthly basis from the debit card until the entire amount due under this Purchase Agreement is paid. In the event that there are insufficient funds available in the debit card, we will notify you and continue to attempt to collect outstanding amounts using the debit card details you have previously provided, subject to applicable rules and regulations. If these attempts are unsuccessful, we will submit a payment request for the full purchase price less any Instalments paid over time against the debit card details that we currently have on file for you. At any time, you can provide us with a different and valid debit card to use instead to take subsequent Instalments.
BY COMPLETING THIS PURCHASE, YOU PERMIT US TO TAKE PRE-AUTHORISATIONS (IF APPLICABLE) AND PAYMENT IN INSTALMENTS THE WAY DESCRIBED ABOVE AND CONTACT YOU IN CONNECTION WITH YOUR PURCHASE AGREEMENT.
We will take each Instalment from the credit or debit card you submitted at the time of your order. It is your responsibility to ensure that, until the last Instalment is made:
- this card remains valid and is not cancelled
- there is a sufficient available balance on your card to place pre-authorisations, if applicable, and to pay all the remaining Instalments.
If your credit or debit card is replaced, cancelled or otherwise is no longer valid (we will know this because the pre-authorisation or charge we submit under your Purchase Agreement will fail), we can take the Instalments from a different card. We will contact you and you must immediately log on to the Splitit platform and provide new or different means of payment or card details for future payments. If you do not provide alternative means of payment, this Purchase Agreement will be terminated immediately and all amounts owed under the Purchase Agreement will become immediately due and payable in accordance with its terms.
By law, you have 14 days from the day after you placed your order to cancel this Purchase Agreement (this is separate to any right you have to cancel your Purchase Agreement, details of which are set out on our website where they apply). You then have a further 14 days from when you notify Us to return the goods to Us. You can, in any event, cancel this Purchase Agreement at any time by informing us in writing or by email or via the Splitit platform. This Purchase Agreement may not be cancelled if you only tell us orally. If you give us notice that you want to cancel this agreement, it will be terminated and all outstanding Instalments will become immediately due. You may need to provide additional information in connection with any notice of termination or cancellation in order for us to properly identify the Purchase Agreement that is being terminated. We will send you an email following the completion of your purchase with details of how you can access information on your payments in a secure, password protected consumer portal. There is information on how you can terminate the Splitit Payment Agreement maintained on our website and through the secure, password protected consumer portal. You can email to tell us at email@example.com.
Handling card payments
We use a third party technology platform to keep a record of payments you owe us under this Purchase Agreement and we use their platform to submit the pre-authorisation requests and card payment requests at the times we have agreed. This company is called Splitit Australia PTY Ltd, whose address is Coghlan Duffy & Co, Level 42, Rialto South Tower, 525 Collins Street, Melbourne, Victoria, 3000 Australia. You never enter into an agreement with this Splitit.
We use their technology platform to monitor when and how much you have to pay and to send notifications to you. You will see some of these letters say they are “powered by Splitit”. This should help you identify what payments we are contacting you about.
You are hereby notified that, in connection with the services provided by Splitit, we may sell and assign the Instalments, and associated rights, to Splitit, one of its affiliates or another third party. Under certain circumstances, Splitit or another service provider, may obtain pre-authorisations and Instalments directly, instead of Us. If this is the case, however, your rights under this Purchase Agreement will not be affected.
Governing law; Miscellaneous
This agreement (and our dealing prior to this agreement being made) shall be governed by the laws of New South Wales; provided that you are entitled to the benefit of any mandatory consumer protection rules of the country of your primary residence. All communications from us with you, will be in English. The courts of New South Wales shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or in connection with this Purchase Agreement, including any question regarding its existence, validity or termination.
If any provision of this Purchase Agreement or portion thereof is held to be unenforceable, this determination will not affect the remainder of this Purchase Agreement.
Using your information
We and Splitit may share information about our transactions and experiences with you and other affiliated companies. We may share information about our transactions and experiences with you with unaffiliated third parties, including credit rating agencies, other creditors and fraud detection service providers.
However, except as permitted by law, neither we nor Splitit may share information which was obtained from credit applications, consumer reports, and any third parties with companies affiliated with us if you instruct us not to share this information. If you do not want us to share this information, you must notify us in writing (we will provide you with information on how you can do that) or by email at: firstname.lastname@example.org. If you email us a notification, you must include your name, address, account number and the last four digits of your card number used in this transaction so such request can be honoured. Do not include your full card details in this email. We may report information about this Agreement to credit rating agencies.
Who to contact about these Agreements
Occasionally, you may require additional assistance in connection with this Purchase Agreement (for example, replacing payment method, number of outstanding instalments, etc.). Splitit operates a website with information (www.splitit.com) and an email address (email@example.com) and contact number for support that you can use to resolve issues like this associated with the technology platform we use. However, we clarify that we hired Splitit to provide certain services and you do not have any agreement with them. They cannot agree to any alternative arrangements with you over payment other than as set out above to set up for you to use a different card. In addition, they do not have information regarding your relationship with your card issuer and accordingly cannot handle questions related to that arrangement. If you owe us money and want to discuss that, please contact our customer services department on our website.
To the extent there are any conflicts between this Purchase Agreement and our standard terms and conditions, the provisions contained herein take precedence.