This agreement sets out the terms and conditions relating to the payment of your infringement notice via a Zip Instalment Plan.
1.1 This Agreement is between Zip Co NZ Finance Limited (referred to as Zip), Auckland Transport (referred to as AT), and you (referred to as you or your).
2.1 In this Agreement, unless the context otherwise requires:
“Business Day” means any day other than a Saturday, Sunday or public holiday on which registered banks are open for ordinary banking business in Auckland, New Zealand.
“Card” means a validly issued New Zealand credit or debit card that you have used or added to your Zip account.
“Infringement fee” means an amount payable under an Infringement Notice.
“Infringement Notice” means a notice issued by AT under:
- S139 of the Land Transport Act 1998; or
- S33P of the Maritime Transport Act 1994; or
- Any provision of any other Act for the issue of an infringement notice
“Instalment Plan” means the fortnightly payment plan, showing the amounts due by you and the date on which such amounts are due and described on the Zip Platform as the Payments Schedule.
“Instalment Payment” means a specified payment contained in an Instalment Plan.
“Zip Platform” means the proprietary technology platform developed by Zip and which manages the Services and includes the user interface by which you submit your information (including your Card details) and sets out the Instalment Plan.
“Service” means the offer to spread the cost of an Infringement Notice via an Instalment Plan.
“Zip account” means a digital account set up by a customer for the purposes of entering an Instalment Plan .
3 OUR CORE AGREEMENT
3.1 When you elect to pay any Infringement fee the Zip Platform, Zip, as processing agent for and on behalf of AT, will take your initial 25% instalment at checkout and take payment of the remainder of your instalments in accordance with your Instalment Plan and the terms of this Agreement.
3.2 When you elect to pay an Infringement fee via an Instalment Plan, you are acknowledging your liability as set out in the Infringement Notice and that such liability shall not be discharged unless and until the full amount of the Infringement fee has been paid via the Instalment Plan.
3.3 The Infringement Notice and any amounts payable under such Infringement Notice shall be governed by the relevant law with respect to the Infringement Notice. Your relationship with respect to the Infringement Notice and amounts owning remains at all times with AT. Your relationship with respect to the Instalment Plan is with Zip as processing agent for AT. Zip does not assume your obligation to pay your Infringement Notice to AT and does not “buy” any amount owing under an Infringement Notice.
3.4 Once you have entered an Instalment Plan, Zip cannot amend or cancel any such Plan without written confirmation from AT in accordance with clause 7 Refund Arrangements.
3.8 When you use the Zip Platform to enter an Instalment Plan, Zip will create an account for you. Zip does not guarantee that you can utilise the Zip Platform to purchase other goods and services.
3.9 When you add a new Card to your Zip account, Zip will preauthorise that card for 1 cent to ensure it is a valid card. Once that card is added to your account, Zip automatically and immediately instructs your bank to release the 1 cent pre-authorisation.
4 YOUR OBLIGATIONS AND ACKNOWLEDGEMENTS TO US
4.1 In return for entering an Instalment Plan to pay your Infringement fee, you agree to pay Zip, as processing agent for and on behalf of AT, in accordance with the Instalment Plan and authorise Zip to attempt to take payment from your Card.
4.2 You are aware that Zip and AT are relying on the information you provide to us and you confirm that all information you have provided to us is true, correct and not misleading. In particular you confirm you are over 18 years of age, have a current address in New Zealand, a valid drivers licence and have authorised access to a valid New Zealand debit or credit card.
4.5 You unconditionally and irrevocably agree that Zip, as processing agent for and on behalf of AT, is entitled to charge your Card in accordance with the Instalment Plan. You agree to have available funds on your Card or otherwise pay the Instalment amount on or before the date due in accordance with the Instalment Plan.
4.6 You are liable for any fees or costs that your bank may charge you arising out of Zip taking any payment or attempting to take any payment from your Card in accordance with the Instalment Plan.
4.7 You agree that in the event of non-payment of any Instalment under an Instalment Plan, Zip, as processing agent for and on behalf of AT, or AT may appoint a third party collection agency to collect any amounts owing and this does not require your consent or agreement.
4.8 You agree not to make any set off or other deduction from any Instalment Payment for any reason including any dispute or issue you may have with AT or Auckland Council.
4.9 You agree to keep any Zip Platform account details and password you may have private and confidential and that you are responsible for any unauthorised use of your account, unless any unauthorised use is a result of our negligence. You also agree to contact Zip immediately if you suspect your account may be used by an unauthorised third party or there is any other suspected fraudulent activity.
4.10 You agree that it is your responsibility to keep your account log on details and any password safe and secure.
5 INTEREST AND FEES
5.1 The Instalment Plan charges no interest.
5.2 The Instalment Plan has no establishment, administration, processing, monthly or weekly fees and no fee is charged for you to have an account and log on with Zip.
5.3 The Instalment Plan charges no late or default fees In the event of a non-payment of an Instalment Payment.
6.1 Zip will commence the process to take an Instalment Payment from 10AM on the due date. In the event Zip cannot take payment from the Card you have provided on the date specified in the Instalment Plan, you authorise Zip to take payment of an Instalment Payment from your Card three days after the original due date and if that is not successful, seven days after the original due date. Zip, as processing agent for and on behalf of AT, reserves the right to further try and recoup any Instalment Payment at any later date from any Card you have used or added to your Zip account.
6.2 Zip, as processing agent for and on behalf of AT, or AT may refer any Instalment Plan in default to a third party collection agency, which may result in additional collection fees charged by that collection agency. In addition to the outstanding Instalment Payments and any default fees, you will also be liable for any reasonable costs incurred in enforcing this Agreement including legal fees and the cost of third party collection agents.
7 REFUND ARRANGEMENTS
7.1 Any full or partial refund of an Instalment Plan is subject to agreement by AT and all communications with respect to any return must be made with AT. Zip cannot deal with any of these matters directly with you.
7.2 Zip will only amend an Instalment Plan and process any refund once AT has requested us to do so. The Instalment Plan is automatically adjusted by the Zip Platform by applying the refund amount to the existing last instalment first and working backwards to the other instalments. Depending on the amount of the refund, it is possible that the Instalment Plan is reduced by 1 or more instalments. For full refunds, Zip will process a repayment to you depending on the number of instalments we have taken.
7.3 Nothing in this Agreement or clause limits your rights under relevant New Zealand consumer protection legislation, including the Fair Trading Act 1986 and Consumer Guarantees Act 1993.
7.4 Refunds where a cash refund is due will be processed back onto your original Card. The timing will depend on your bank and can take up to 7 business days.
8 OUR COMMUNICATIONS WITH YOU
8.1 If we need to get in touch Zip or AT will either call or text your mobile number or use your email that you have provided.
9 INTELLECTUAL PROPERTY
9.1 All intellectual property in the Zip Platform, including any content, images, logos or graphics are owned by Zip and AT respectively. You must obtain our written permission if you wish to use any such intellectual property.
10.1 You may not assign, novate or otherwise transfer this Agreement, the Instalment Plan or any Instalment Payment without AT and Zip’s consent, which may be withheld in our absolute discretion.
10.2 AT and/or Zip may assign this Agreement, any right in this Agreement, or any Instalment Plan or any Instalment Payment to a third party without your consent.
11 LIMITATION ON LIABILITY
11.1 Except for claims against Zip and AT under the Consumer Guarantees Act 1993 in relation to the Services Zip provide under this Agreement:
(a) The liability of Zip and AT for all and any claims arising out of or in connection with this Agreement, or their services, whether arising in contract, tort (including negligence) or otherwise will not exceed the value total value of the Instalment Plan to which the relevant claim relates.
(b) No party has any liability to the other for any indirect, consequential or economic loss howsoever arising, whether in contract, tort (including negligence) or otherwise.
12 DISPUTE RESOLUTION
12.1 Any dispute with AT or in any way connected with the legality, validity or enforceability of an Infringement Notice must be raised direct with AT.
12.2 If you have any concerns or dispute with Zip with respect to an Instalment Plan, please contact us on:
Phone: 09 489 8144
Address: Zip Co NZ Finance Limited, c/- level 3, 33-45 Hurstmere Road, Takapuna, Auckland
12.3 Zip are registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
13.1 This Agreement is intended to be for the benefit of, and enforceable by, any affiliate or subsidiary of Zip and/or AT for the purposes of the Contract and Commercial Law Act 2017.
13.2 Nothing in this Agreement shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between the parties.
13.3 No waiver of any breach of this Agreement shall be deemed to be a waiver of any other, or any subsequent, breach. No failure or delay by any party in exercising any rights, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power or privilege under this Agreement.
13.4 This Agreement constitutes the entire agreement between the parties as it relates to a specific Instalment Plan. Each new Instalment Plan shall form a new Agreement.
13.5 If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Agreement will remain in full force and effect.
13.6 This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The parties irrevocably agree that the courts of New Zealand shall have non-exclusive jurisdiction.