Terms of Use

 

 

WE ARE:

Late Payer List Pty Ltd (latepayerlist.com), an Australian registered business

ABN     15 617 519 187

ACN     617 519 187

Email   [email protected]

YOU ARE:

A visitor to Our Website or our customer.

These terms and conditions regulate the business relationship between you and us. When you use this website, you agree to be bound by these terms and conditions.

No person under the age of 18 years may purchase our Services.

 

THE TERMS AND CONDITIONS:

1. Definitions

    1. “Account” means the membership account created by you on our Website, through which you access our Services.
    2. “Business Related” means that the debt must arise as the result of a professional business transaction for trade or commerce with another business.
    3. “Late Payer” means a person or entity that you have listed on the Late Payer List as owing money to you.
    4. “Late Payer List” means the list of Late Payers listed and searchable by Members on Our Website
    5. “Member” means a person or entity that holds a current and active Subscription and Account with us.
    6. “Notice” means any notice or other posting on the Late Payer List or Our Website regarding the payment or non-payment of a debt.
    7. “Our Website” means the entire computing hardware and software installation that is or supports Our Website.
    8. “Services” means any of the services we offer on Our Website including the processing of a request for the publication of a Notice on Our Website.
    9. “Subscription” means paid membership to our Services.

2. Our Contract with You

    1. This document together with your Subscription constitutes the entire agreement between us and you for the provision of Services. This contract cannot be varied unless we agree to vary it in writing.
    2. Our contract is formed when we accept your application for a Subscription to our Services. We are under no obligation to accept any individual application received.
    3. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you subscribe to our Services.

3. Privacy

  1. We are subject to the Privacy Act 1988 (Cth) (“Privacy Act”) which governs how we deal with personal information.
  2. As defined in the Privacy Act, we are a “credit reporting business” and you are a “credit provider” in relation to the “credit”. Our Management of Credit Reporting Information Policy can be reviewed here.
  3. The information you provide when using our Services and Our Website may include “credit information” and “personal information” (as defined in the Privacy Act).
  4. We will not share any of your information with a third party for any purpose, except where required by law.
  5. We have Privacy Policy that provides further information regarding the collection, storage, use and disclosure of personal information, including how you may:
      1. access your personal information;
      2. seek to have that information corrected; and

  6. complain if you feel your privacy has been breached, along with information on how your complaint will be dealt with.

Our Privacy Policy can be reviewed here.

 

4. Your Subscription and Account with Us

    1. All prices are quoted in Australian dollars and are inclusive of GST except where clearly stated otherwise.
    2. We use our best endeavours to ensure that our Services and Our Website are available at all times. We will endeavour to provide you with prior notice when we are aware that our Services and Our Website will be unavailable.  Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for reimbursement of your Subscription or listing fee. We are not liable for any loss or inconvenience caused by any unavailability of our Services, Notices, or of Our Website.
    3. Your service can be either a monthly, quarterly or yearly Subscription and is chargeable to you on the date of joining of each calendar period depending on the payment plan you have selected. Your Subscription fee will be charged to the credit card provided by you. A tax invoice will be emailed to you upon charge.
    4. We retain the right to vary the Subscription fees at our discretion, by providing you with 30 days advance notice by way of email to the email address held on our records as provided by you.
    5. We may suspend or terminate your Subscription and Account should you be in breach of these terms, or otherwise cause a detrimental impact to Our Website, or other users, including but not limited to the act of spamming.
    6. We reserve the right to email you from time to time to notify you of any changes or offers that we feel may be to your benefit.
    7. You must provide, and continue to provide, accurate, up to date, and complete information about yourself. This information is required to provide you with the Services and required under the Privacy Act.
    8. You may not share, post or publish any of the data from Our website in any way whatsoever or allow others to use our Services through your Account.
    9. You are responsible for maintaining the confidentiality of your Account and password for Our Website, and for preventing access to our Services by any unauthorised person through your Account.
    10. You accept responsibility for all activities that occur under your Account or password. If you believe that your Account has been accessed without your authority, you must reset your Account password, and inform us of the unauthorised access at the earliest opportunity.

 

5. “Pay Now” Payment Option

    1. Part of the process when a Late Payer is listed by a Member, is the triggering of a series of automated emails. The initial email triggered is to the Late Payer, notifying them of the potential listing.  At this time, the Late Payer is given the option of making payment of this amount owed to avoid the listing being published to our Members.
    2. If you have opted to utilise the “Pay Now” system through our payment gateway provider, the Late Payer is provided the option of paying the debt directly to the Member via the “Pay Now” button, which will appear in all email correspondence and notices sent to the Late Payer. If the Late Payer chooses to utilise payment via this “pay now” method, a collection fee of 5.00% of the amount paid will be debited from the total amount received from the Late Payer, and the balance forwarded directly to the account nominated by you through your Account. This collection fee cannot be added to the debt owing by the Late Payer.  The amount paid by the Late Payer must be credited towards the debt, and the collection fee treated as paid by the Member. A record or payment and tax invoice for the collection fee will be provided to you upon processing.  The Late Payer List will be updated automatically.
    3. Availability of the “Pay Now” payment option to the Late Payer is at the discretion of the Member. This can be activated or deactivated at any time through the settings in your Account.
    4. If a Late Payer makes a payment to you (in part or in full) of any debt listed on the Late Payer List, you must notify us of this payment immediately so that the Late Payer List can be updated. No collection fee is payable where funds are not processed through our payment gateway provider.

 

6. Business Use Only

  1. You agree that you will only use our Services, Notices, and Our Website for the purposes of your business.
  2. You agree that you will not use our Services, Notices, or Our Website, whether or not your business, for any purpose relating to consumer credit as defined by the Privacy Act, being “Credit:
      1. for which an application has been made by an individual to a credit provider, or that has been provided to an individual by a credit provider, in the course of the provider carrying on a business or undertaking as a credit provider; and
      2. is intended to be used wholly or primarily:
        1. for personal, family or household purposes; or
        2. to acquire, maintain, renovate or improve residential property for investment purposes; or
        3. to refinance consumer credit that has been provided wholly or primarily to acquire, maintain, renovate or improve residential property for investment purposes.”

 

7. Publication of Notices

  1. You warrant that all information provided by you to us for publication on the Late Payer List is accurate, up-to-date, complete, and relevant.
  2. You must provide us with updated information immediately in the event that you become aware that information provided previously for publication on the Late Payer List is no longer accurate, up-to-date, complete, and relevant. This obligation continues for as long as Late Payers listed by you remain on the Late Payer List, even after cancellation or termination of your Subscription.
  3. You warrant that all information provided by you to us for publication is information that we may lawfully publish on the Late Payer List, and in particular that its communication to us and its publication will not be in breach of the Privacy Act or any other applicable laws.
  4. You will not ask us to publish information relating to the non-payment of a debt where you are aware of, or have reason to believe there may be, any dispute as to the validity of the debt, whether or not you believe that dispute or reason for non-payment to be legitimate.
  5. You must provide us with such documents or other evidence as we reasonably require to satisfy us that you are in compliance with your obligations in relation to any information that you provide to us for publication.
  6. You must provide us with updated information immediately in the event that the status of a listing changes in any way, including but not limited to whether any dispute over the debt has arisen, or any payment (including part-payment) of the debt has been made.
  7. A listing may be withdrawn from publication at any time at our discretion. This typically occurs during assessment of updated information received or notification of a dispute.   Listings may or may not be re-listed once the assessment is complete.  You will be notified in the event of permanent removal from publication of any listing, however you will not be entitled to any refund of your Subscription or any listing fee.
  8. If we have reason to believe that you have not complied with any of your obligations relating to information that you have provided to us, we may at our discretion refuse to publish that information or withdraw that information from publication. You will not be entitled to any refund of your Subscription or any listing fee in such a circumstance.
  9. In the event of a serious failure to provide full or updated information to us, we reserve the right to terminate your Subscription and Account. You will not be entitled to any refund of your Subscription or any listing fee in such a circumstance.

 

8. Cancellation and Termination

  1. Your selected Subscription will automatically renew itself at the end of each payment plan period as selected by you unless notice of cancellation is received from you.
  2. You may cancel your Subscription to our Services at any time.
  3. Notice of cancellation is accepted by use of the ‘cancel membership’ feature on Our Website.
  4. Upon cancellation, access to our Services will cease at the end of your Subscription period.
  5. In the event of breach of these terms and conditions by you, we may suspend or terminate your Subscription and Account without prior notice to you.
  6. Access to Our Services will cease immediately upon termination.
  7. In the event of termination or early cancellation, no entitlement arises to any refund of any Subscription fee already charged to you.
  8. In the event of cancellation or termination, Late Payers will remain listed on the Late Payer List. Once unsubscribed, you will only receive correspondence from us in limited circumstances, including:
    1. seeking your confirmation that your listings remain valid (to which your confirmation is required in order to remain listed); and
    2. in the event that your Late Payer suspends themselves from the listings (in which circumstance, where the debt remains unpaid, you can only reinstate the Late Payer’s listing by re-subscribing to the Late Payer List).
  9. You are obligated to keep us informed, in writing, of any change to your Subscription payment information. Any rejection by your banking facility or credit provider to any charge issued by us with respect to your Subscription fee will be taken as cancellation by you of your Subscription.
  10. If you have cancelled your Subscription of your own volition, you may re-subscribe to our Services at any time, under your previous Account or with a new Account. A request to re-subscribe where a previous Subscription has been terminated by us may be approved at our sole discretion.

 

9. Disclaimers

  1. We may make improvements or changes to Our Website, the content, or to any of the Services, at any time and without advance notice.
  2. We give no warranty and make no representation, express or implied, as to:
  3. the adequacy or appropriateness of the Services for your purpose;
  4. the truth of any Notice or any content on the Late Payer List or Our Website published by someone other than us;
  5. any implied warranty or condition as to merchantability or fitness of the Services, to the greatest extent that such warranties and conditions may be excluded at law.
  6. While we take all reasonable steps to ensure the accuracy of the content that we publish on the Late Payer List or Our Website, we are not responsible or liable for:
    1. the accuracy of any Notices or any content on the Late Payer List or Our Website not authored by us; or
    2. any loss that you may suffer as a result of your reliance upon any such Notice or content;
  7. From time to time Our Website content may include technical inaccuracies or typographical errors. We endeavour to minimise these occurrences and make necessary corrections quickly. Please notify us of any corrections that you identify.
  8. Our Website may contain links to other websites outside our power and control. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites, nor for any loss or damage arising from your use of any such website.
  9. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
  10. In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Services you have purchased.

 

10. Indemnity

  1. You indemnify us against any claim or demand made by any third party, or any other liability that we may incur, including any legal practitioner’s fees incurred by us calculated on an indemnity basis, due to or arising in any way out of:
  2. Your use of the Late Payer List or Our Website;
  3. Your posting any Notice or material;
  4. The infringement by you, or by any other person using your Account, of any intellectual property or other right of any person;
  5. Any incorrect information submitted to us for publication on the Late Payer List or Our Website;
  6. Any Notice published at your request on the Late Payer List or Our Website.

 

11. System Security and Intellectual Property Rights

  1. You agree that you will not, and will not allow any other person, to violate or attempt to violate any aspect of the security of Our Website and will not use any software tool for the purpose of extracting data from Our Website. Any such violation is unlawful and that any contravention of law may result in criminal prosecution.
  2. The material contained on Our Website is protected by copyright, and other intellectual property rights owned by us. You must not use, copy, modify, transmit, store, publish or distribute any material on Our Website, or create any other material using material on Our Website, including but not limited to text, graphics, logos, images, and other data.
  3. Where you provide any information to us for the purpose of publication on Our Website, you grant to us an irrevocable and non-exclusive licence to publish that information on Our Website.
  4. The contents of the Notices published on our Website are confidential to our Members. You must not republish or disseminate the contents of any Notices on Our Website in any form.
  5. You may not, at any time, use our name, logos or trademarks or any other content on any website of yours or that of any other person without express written authority from us.
  6. You may only use our business name and logo and any other marketing information on your invoices and stationery while you are a Member. If you cancel your Subscription, or your Subscription is terminated by us, you are required to remove our business name and logo and any other marketing information from your invoices and stationery immediately.

 

12. Miscellaneous provisions

  1. If any of these terms is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
  2. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
  3. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of negotiation before commencing arbitration or litigation.
  4. This Agreement shall be governed by and construed in accordance with the laws of New South Wales, and you and we submit to the non-exclusive jurisdiction of its courts.