Payright Terms and Conditions
TERMS AND CONDITIONS
These consumer terms and conditions form the basis of you contract with PayRight for your
PayRight Zero Account
The full details of your Continuing Credit Contract with PayRight are included in:
• these Terms and Conditions
• the Application Form, and
• the Credit and Repayment Schedule.
How to apply for you PayRight Zero Account
1.1. An application for a PayRight Zero Account can be made at a Participating Merchant by
completing an Application Form and entering into a Credit and Repayment Schedule (which
will be prepared by the Participating Merchant in connection with your application) in relation
to a proposed purchase. If your application is approved, you will be provided with an amount
of credit to apply to your intended purchase from that Participating Merchant. This amount of
credit is your Initial Credit Amount.
1.2 If you wish to make subsequent purchases using your PayRight Zero Account, you will be
required to complete a new Application Form and meet the conditions in clauses 3.3 and
3.4. You will enter into a new Credit and Repayment Schedule in relation to each subsequent
purchase. Each application for credit will be assessed at the time it is made.
1.3 A PayRight Zero Account can only be used to make purchases from Participating Merchants.
1.4. By submitting your Application Form you accept these Terms and Conditions and agree to be
bound by them.
1.5. To apply for a PayRight Zero Account you must (among other things):
(a) Be an Australian citizen or permanent resident.
(b) Be over 18 years of age.
(c) Work a minimum of 30 hours per week.
(d) Be employed on a permanent basis (either full time or permanent part time) or be self-
employed). You must supply your employer’s details for verification purposes.
(e) Supply at least two forms of suitable identification when you submit your Application
Form at a Participating Merchant. You will be required to provide a valid Australian driver’s
licence and one other form of acceptable identification. Acceptable forms of identification
include a valid Australian passport, Medicare card or lmmiCard.
(f) Provide suitable credit card or bank account details for the purpose of authorising regular
direct debit repayments.
2. Your representations
2.1. By accepting these Terms and Conditions you acknowledge that PayRight has agreed to
establish your PayRight Zero Account based on the information contained in your Application
Form and you represent and warrant to PayRight that the information that you have provided
in your Application Form is true and correct in every respect. If any of your personal details
change (including your name or any contact details) or there is any change to your financial
situation that may make it difficult for you to meet your repayment obligations under your
PayRight Zero Account, then you must notify PayRight immediately. If you do not notify
PayRight of any changes to your personal information or financial situation then PayRight will
not be responsible for any issues or claims that may arise as a result of it being unaware of
your changed circumstances.
2.2. By accepting these Terms and Conditions you also:
(a) consent to PayRight using your personal information to administer your PayRight Zero
(b) consent to Participating Merchants with which you have used your PayRight Zero Account
to make purchases making use of your personal information to administer and facilitate
your purchase and related payments;
(c) consent to PayRight using your personal information in respect of its dealings with
credit reporting agencies in relation to your application for a PayRight Zero Account and
PayRight’s subsequent management of your PayRight Zero Account;
(d) agree to repay all amounts charged to your PayRight Zero Account including all applicable
fees and charges and any other amount properly charged in accordance with this
Continuing Credit Contract; and
(e) warrant that the account details that you have provided in the Application Form for the
purpose of the direct debit payments are true and correct and that direct debiting is
available in connection with the nominated account.
3. How your account works
3.1. When PayRight receives your Application Form it will assess your application for credit in
relation to the proposed purchase. PayRight reserves the right to approve or deny your initial
application at its complete discretion. If it is your first application and PayRight decides that
you are suitable, it will notify you that the Continuing Credit Contract is in effect and open your
PayRight Zero Account immediately after which you will be able to use it for your proposed
purchase. You will receive a welcome letter from PayRight Informing you of the details of your
PayRight Zero Account.
3.2. After the Initial Credit Amount is advanced, the Amount of Credit available through your
PayRight Zero Account will be set to zero. You will not be able to request any further credit
advances to make subsequent purchases until you have repaid some of the Initial Credit
3.3. Subject to clause 3.4, if you already have a PayRight Zero Account and you have repaid some
of the Initial Credit Amount and any fees and charges, you may request further amounts
of credit. The amount you may request is the difference between your Credit Limit and the
amount outstanding under the PayRight Zero Account.
3.4. PayRight will only approve your request for a further advance if:
(a) you have completed an Application Form;
(b) you are not in default under this Continuing Credit Contact and you have not been late on
more than 3 repayments;
(c) your PayRight Zero Account has not been closed, suspended or terminated;
(d) you provide any documentation necessary by PayRight or the Participating Merchant to
consider you application; and
(e) you provide any documents PayRight may reasonably require from time to time.
3.5. A separate Credit and Repayment Schedule will be provided for each subsequent purchase.
3.6. You may not be entitled to use your PayRight Zero Account to pay for the entire cost of a
purchase from a Participating Merchant. After assessing your Application, PayRight will advise
the Participating Merchant of the Amount of Credit available to you in relation to the proposed
purchase. You may be required to pay part of the purchase price directly to the Participating
Merchant by way of deposit. PayRight will advise the Participating Merchant of the minimum
deposit required in relation to particular purchase (if any). You must pay any required deposit
to the Participating Merchant before applying your PayRight Zero Account to the balance.
3.7. Your PayRight Zero Account is not transferrable and can only be used by you.
3.9. PayRight may review your PayRight Zero Account at any time and you must provide PayRight
with any information it reasonably requires to conduct such review.
3.10. You may cancel your PayRight Zero Account at any time by notice to us provided any
outstanding amounts have been paid and your PayRight Zero Account balance is zero.
3.11. PayRight may close your PayRight Zero Account if outstanding amounts have been paid and
your account balance has been zero for at least 12 months. PayRight will give you 30 days’
notice of its intention to close your account.
3.12. You must pay any outstanding amounts due under your PayRight Zero Account immediately
on giving or receiving notice that it is to be closed.
3.13. If you wish to open a new PayRight Zero Account after your PayRight Zero Account has been
cancelled, you will have to re-apply to PayRight. PayRight reserves the right to approve or
deny this new application at its sole discretion. If your application for a new PayRight Zero
Account is approved, it will form a new Continuing Credit Contract between you and PayRight.
4. Fees and charges
4.1. PayRight will not charge you any interest on any credit provided by us to you through your
PayRight Zero Account. However, you will be required to pay the fees set out in the Credit
and Repayment Schedule. PayRight will not charge you any fees for providing credit under
this Continuing Credit Contract that exceed $200 in the first 12 months after you open your
PayRight Zero Account or $125 in any subsequent 12 month period.
4.2. You may also be required to pay additional reasonable fees related to the enforcement of the
Continuing Credit Contract if you are in default such as late payment fees or enforcement
costs. These fees are not for providing the credit and do not fall within the limit described in
4.3. Late payment fees will only be charged if you fail to make any scheduled repayments or if you
fail to pay the total amount due under a Credit and Repayment Schedule by the due date. You
will be notified of any applicable late payment fees in a Late Payment Notice. These fees are
not for providing the credit and do not fall within the limit described above.
4.4. While your PayRight Zero Account remains active, PayRight may continue to charge account
keeping fees which will be debited from your nominated account in accordance with the
direct debit direction in the Application Form. This account keeping fee will be a monthly
charge. Where there is an outstanding amount due under an existing Credit and Repayment
Schedule, the monthly account keeping fee will be debited at the same time as a fortnightly
repayment due under the Credit and Repayment Schedule (typically every second repayment).
Where there is no existing Credit and Repayment Schedule, account keeping fees will be
charged monthly on the final business day of the month.
4.5. PayRight may charge to your PayRight Zero Account any fees or charges arising under the
Continuing Credit Contract including any late payment fees or enforcement fees.
5. Making purchases
5.1. You will be required to submit an Application Form and enter into a Credit and Repayment
Schedule in relation to each purchase you make using your PayRight Zero Account. The Credit
and Repayment Schedule will set out the:
(a) establishment fee (for new PayRight Zero Accounts only)
(b) Amount of Credit applicable to the purchase
(c) total purchase price
(d) number and amount of minimum repayments required
(e) frequency of payments under the direct debit repayment plan, and
(f) applicable fees and charges.
5.2. Your PayRight Zero Account will remain active and available for you to make additional
purchases unless your PayRight Zero Account is closed in accordance with these Terms and
6. Making payments
6.1. Payments will be made by direct debit at regular intervals in accordance with the direct debit
information provided by you in the Application Form and these Terms and Conditions. Each
Credit and Repayment Schedule will set out the frequency and amount of the direct debit
repayments required to satisfy payment of any applicable fees and charges and repayment of
the credit provided.
6.2. You can make additional repayments at any time or repay the total amount owing under a
Credit and Repayment Schedule at any time. PayRight may charge you an additional payment
fee in respect of any additional repayments you make. This additional payment fee is included
in the calculation of the maximum fee amount in clause 4.1. For as long as there is an
outstanding balance in respect of a Credit and Repayment Schedule you will be required to
make the minimum repayments required in accordance with the direct debit arrangements
regardless of whether you have made any additional repayments.
6.3. If you fail to make a minimum repayment by the due date then PayRight may issue you with a
Late Payment Notice and charge you a late payment fee.
6.4. PayRight may use any payment it receives from you to satisfy any amount that you are due
to pay in any manner it chooses. For example, PayRight may choose to apply a payment
in satisfaction of outstanding enforcement fees or late payment fees in priority to any
outstanding scheduled minimum repayments. Ordinarily, PayRight will apply payments in the
(a) enforcement fees
(b) late payment fees
(c) other fees and charges,
(d) outstanding balances in relation to purchases.
7. Statements, notices and other information
7.1. You will be issued with statements by PayRight upon request.
7.2. You should check your statements carefully to ensure that you agree with all of the entries. If
you think there is an error on your statement, you must contact PayRight immediately or you
may be liable for the error.
7.3. PayRight will send you statements, notices and other information by email unless you
nominate an alternative preferred method of communication or PayRight decides otherwise.
Sometimes PayRight may email you with a link to information or notices that have been
posted on its website.
7.4. PayRight will not send you paper statements unless you specifically request them or PayRight
chooses to do so, at its discretion. If you would like to receive paper statements, please
contact PayRight to request this.
7.5. You are responsible for ensuring that PayRight has your most recent email address and for
regularly checking your nominated email account for information from PayRight regarding
your PayRight Zero Account.
7.6. If you request a copy of any statement, notice or other information that has been sent to you
by email, PayRight may charge you a fee for providing a paper copy.
8.1. You will be in default if you:
(a) fall to pay the amount set out in a Late Payment Notice by the due date for payment;
(b) fail to repay the total amount of credit provided together with all applicable fees and
charges by the final due date for payment notified in the Credit and Repayment Schedule
or otherwise agreed with PayRight; or
(c) breach any provision of this Continuing Credit Contract.
8.2. If you are in default PayRight may do any or all of the following:
(a) close, cancel or suspend your PayRight Zero Account;
(b) require you to pay all or part of the outstanding balance of your PayRight Zero Account;
(c) take further action to enforce its rights and recover the amounts due including (but not
limited to) referring you to a credit and collection agency.
8.3. Ordinarily, PayRight will issue you with a Default Notice before it exercises any of its other
rights. The Default Notice will advise you of the default and notify you of how to remedy it and
by when it must be remedied. If you do not or cannot remedy the default within the time set
out in a Default Notice all amounts you owe to PayRight in your PayRight Zero Account and
otherwise in connection with this Continuing Credit Contract will immediately become due and
payable and PayRight may take further action to enforce its rights and recover the amounts
8.4. If PayRight believes that you have fraudulently induced it to enter into this Continuing Credit Contract, or PayRight cannot locate you after making reasonable attempts to do so, or is
otherwise authorised by a court or tribunal, then the amount outstanding in your PayRight Zero
Account will immediately become due and payable without prior notice to you.
8.5. If your PayRight Zero Account is closed, cancelled or suspended, you must still make
payments in accordance with any applicable Credit and Repayment Schedules until the
outstanding balance of your PayRight Zero Account is paid in full.
8.6. You will be responsible for paying any reasonable costs incurred by PayRight in enforcing
this Continuing Credit Contract including the costs of any third party engaged by PayRight to
enforce this Continuing Credit Contract and recover outstanding monies.
9.1. PayRight complies with the Australian Privacy Principles and only collects the personal
information that you provide to it in your Application Form or otherwise provided in connection
with the operation and use of your PayRight Zero Account. PayRight may also collect your
personal information from others for example, if PayRight needs information from third parties
to verify the information that you have provided in your Application Form. PayRight will only
your application for a PayRight Zero Account, managing and operating your PayRight Zero
Account, conducting reviews of your PayRight Zero Account and to comply with applicable
laws in Australia or overseas (if relevant).
9.2. PayRight will only retain your personal information for as long as it is necessary to satisfy
the purpose for which it was provided. PayRight does not generally share your personal
information with others unless this is necessary for or ancillary to the purpose for which you
provided the information for example, PayRight may share your personal information with
Participating Merchants at which you intend to use your PayRight Zero Account, with credit
reporting agencies or with others if required by law.
9.3. You may ask to see any personal information that PayRight holds about you at any time and
PayRight will provide you with access. If there are any errors or omissions in the information
held by PayRight please ask for it to be corrected.
496 or by emailing email@example.com.
10 Direct Debt
10.1. By signing the Application Form you accept the direct debit terms and conditions contained
in this clause. Once you complete and sign the Application Form containing the direct debit
particulars PayRight will make arrangements with your nominated financial institution to debit
your nominated account in accordance with the instructions contained in the Application
Form. Repayments will be debited fortnightly and account keeping fees, if payable, will be
debited monthly. Other applicable fees and charges will be debited when due or otherwise
at the discretion of PayRight. Where a debit payment is due on a day that does not occur in a
particular month then PayRight will arrange for the payment to occur on the last business day
of the month. If the payment is due on a day that is not a business day, PayRight will arrange
for the payment to be debited on the immediately following business day. If you wish to
change any arrangements in relation to the direct debit, please contact PayRight.
10.2. You must ensure that you have sufficient funds in your nominated account to allow a
scheduled direct debit payment to be made. If there are insufficient funds then:
(a) you may be charged a fee or interest or both by your financial institution
(b) PayRight may charge you fees
(c) you must arrange for the scheduled payment to be made by another method or arrange
for sufficient clear funds to be in your account by an agreed time so that PayRight can
process the payment.
10.3. It is up to you to verify that the direct debit payments deducted from your account are correct.
You must notify PayRight immediately if you believe that there has been an error in debiting
your account. PayRight will investigate any such query and deal with it promptly and in
good faith. If your query cannot be resolved to your satisfaction immediately, PayRight will
investigate further and notify you of when you can expect a further response. If PayRight
determines that it has incorrectly debited your account then it will adjust your account
accordingly by crediting your account or otherwise providing you with a refund. If PayRight
determines that your account was not incorrectly debited, then PayRight will inform you of the
10.4. If PayRight is required to pay GST on a supply made by it in connection with the direct debit
arrangements, then you must pay to PayRight an amount equal to the consideration payable
or the supply multiplied by the prevailing GST rate on demand.
10.5. The information relating to your direct debit payments will be kept confidential by PayRight
and PayRight will make all reasonable effects to ensure that any such information is kept
secure and to ensure that any employees or agents of PayRight who have access to the
information about you do not make any unauthorised use, modification, reproduction or
disclosure of that information. PayRight will only disclose the information it has about you to
the extent specifically required or authorised by law, for the purpose of managing your direct
debit In accordance with these terms and conditions or with your implied or express consent.
11. General matters
PayRight may vary any provision of this Continuing Credit Contract at any time provided that
if it does, it must notify you in writing of the changes and when they commence. If PayRight
changes the amount or frequency of payment of any fee or charge or imposes a new fee
or charge or changes the amount or method of calculation, number, frequency or time for
payment of any repayments then it will tell you in writing before the change takes effect
unless the change reduces your obligations under this Continuing Credit Contract in which
case you will be notified in due course. Any amendment or variation of the Continuing Credit
Contract does not give rise to a new contract.
PayRight does not waive a right, power or remedy it it fails to exercise or delays in exercising
any right, power or remedy. A single or partial exercise of a right, power or remedy does not
prevent another or further exercise of that or another right, power or remedy. A waiver by
PayRight of a right, power or remedy must be in writing and signed by PayRight.
PayRight may assign or transfer its rights under this Continuing Credit Contract without notice
This Continuing Credit Contract is governed by the laws of Victoria, Australia and each party
irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of
Any notice provided by you or PayRight under the Continuing Credit Contact must be in
Liability for goods and services
PayRight bears no responsibility or liability in connection with or in relation to the goods or
services purchased by you in respect of which you utilise your PayRight Zero Account. Any
problems, issues or claims in relation to the goods or services acquired should be raised with
the relevant Participating Merchant.
If any of the Terms and Conditions are held to be invalid, illegal or unenforceable for any
reason then the affected Terms and Conditions will be severed from the Continuing Credit
Contract and the remaining Terms and Conditions will remain valid and enforceable.
12. Defined terms
In this Continuing Credit Contract:
• Amount of Credit means the amount of credit available in connection with your PayRight
• Application means an application to PayRight for a PayRight Zero Account.
• Application Form means the application form you complete to apply for your PayRight
Zero Account or a subsequent advance of credit.
• Credit and Repayment Schedule means the schedule prepared in connection with an
Application in accordance with the Terms and Conditions in relation to a purchase from a
• Continuing Credit Contract means the contract between you and PayRight in relation
to your PayRight Zero Account the terms of which are contained in these Terms and
Conditions, each Application Form and each
• Credit and Repayment Schedule entered into by you in respect of your PayRight Zero
• Credit Limit is the Initial Credit Amount plus any fees and charges debited to your PayRight
Zero Account with the Initial Credit Amount or such other amount as we agree is your
• Default Notice means the written notice provided to you by PayRight notifying you that you
are in default of your Continuing Credit Contract, setting out the particulars of the default
and advising you on the means to rectify the default (if available).
• “PayRight means Devizo Pty Ltd ABN 24 605 753 535 and any wholly owned subsidiary of
Devizo Pty Ltd and their successors and assigns”.
• Devizo means Devizo Pty Ltd ABN 24 605 735 535 or any wholly owned subsidiary of
Devizo Pty Ltd and their successors and assigns.
• PayRight Zero Account means your continuing credit facility provided by PayRight.
• Initial Credit Amount has the meaning given in clause 1.1.
• Late Payment Notice means a notice provided to you by PayRight if you fail to make a
payment by the due date for that payment.
• Participating Merchant means an entity that will accept payment for goods and services
by applying your PayRight Zero Account.
• Terms and Conditions means these terms and conditions.