These Account Terms and Conditions (Terms) apply to all Zip Accounts – they govern your relationship with us and your use of Zip once you have created an Account. Ideally these should apply across all Zip accounts
By creating an Account with us, you agree to these Terms and any other agreements, terms or policies we refer to.
In these Terms:
“Account” means a registered Zip account.
“Services” means our Zip “Pay in 4” and “Pay Longer” services.
“We”, “us” and “our” means Zip Co NZ Finance Limited.
“You” or “your” means you, the Account holder.
“Zip” means the Zip platform through which we provide the Services, and/or Zip Co NZ Finance Limited, as the context requires.
In these Terms:
- all references to fees, price and other payments are in New Zealand dollars and are inclusive of GST (or other applicable taxes);
- references to a party include its successors, assigns, executors and administrators;
- references to any documents are references to those documents as modified, varied, replaced or amended from time to time;
- if there’s any inconsistency between these Terms and any other policies, these Terms shall take precedence;
- references to ‘includes’ means broadly, without limitation; and
- references to any law include any changes, updates and/or amendments to that law which come into force from time to time.
WHO CAN CREATE AN ACCOUNT?
To be eligible to create an Account with us you must:
- be at least 18 years old;
- have a current address in New Zealand;
- hold a valid driver licence or another form of Government issued ID that is acceptable to us;
- have authorised access to a valid New Zealand debit or credit card;
- Have a valid New Zealand address; and
- Satisfy our ID and credit validation checks.
Only one Account is permitted per person. Creation of duplicate or fraudulent Accounts is prohibited and may result in suspension, termination, and a potential ban from using our Services.
Any person who has previously held an Account with us which has been terminated by us for any reason (for example, misconduct or breach of contract) is prohibited from creating an Account (including in the name of any other person).
CREATING AN ACCOUNT
By creating an Account with us, you agree:
- to provide all Account registration information and documentation requested;
- that all information you provide is true and accurate;
- to keep all your Account registration and information details up to date;
- to keep your password and Account details secure at all times;
- to promptly report any unauthorised use of your Account or any breach of password security to us, and to take immediate steps to resecure your Account;
- that we may suspend or terminate your Account, if:
- you breach these Terms or any laws; and/or
- we consider (acting reasonably) that you pose a risk to the goodwill and reputation of Zip.
If you don’t provide all Account information we need, you won’t be able to create an Account with us.
You confirm and consent to us verifying your identity, including in accordance with anti-money laundering and related purposes, and authorise us to make all such enquiries with or through third parties as we consider reasonably necessary, and to disclose your information to those third parties for that purpose.
By creating an Account with us you represent and warrant that you:
- are eligible to hold an Account and use our Services;
- will at all times comply with these Terms;
- will not use your Account (or our Services) for any unlawful, fraudulent or improper activity; and
- will not open or use more than one Account.
You’re responsible for keeping your Account secure. Your Account is a personal Account for you only and you confirm that you will not:
- share or disclose your username, account details and/or password with anyone else;
- allow anyone else to use your Account (or share your security information with anyone so that they can sign in on another device); and/or
- allow anyone else to apply for or use Services through your Account.
You agree and confirm that you will be held responsible and accountable for all activities on your Account, whether done by you or not (including but not limited to financial accountability for any transactions, purchases, fees or other costs incurred through use of the Services through your Account) unless as a result of our negligence.
We will not be responsible or liable for any unauthorised access and use of your Account (unless we have failed to take reasonable steps to prevent such unauthorised access or use).
Please contact us immediately if you think your Account has been compromised.
Zip Services are only available to those who have an Active Account with us and who have been approved by us to use the Services.
Creating an Account means that you can apply to use our Services. However, you acknowledge and confirm that:
- holding an Account with us does not guarantee use of our Services; and
- use of our Services is subject to:
- additional application and registration requirements (including provision and verification of identity and financial information); and
- our prior approval on a per transaction basis at our sole discretion.
Access to and use of our Services is reviewed and approved on a per transaction basis. We do not guarantee access to or approval to use our Services and we reserve the right to withhold approval from our Services at our sole discretion.
Use of our Services for any prior transaction does not create any obligation, duty or expectation that approval will be granted in respect of any future transaction(s) (regardless of incidental or identical purchases where you have previously paid instalments in full and on time).
Zip considers a range of factors in assessing approval for use of our Services, including:
- third party technology and service providers;
- features attributable to previous and current transactions;
- funding constraints; and
- repayment history.
We are not obliged to provide any detailed explanation as to why a transaction may or may not be approved to use our Services.
PAYMENT AND FEES
Approval to use our Services is subject to compliance with additional terms and conditions, including our:
- Pay in 4 Terms and Conditions;
- Pay Longer Disclosure Statement and Terms and Conditions;
- (together, Terms and Conditions)
You will be notified of these at the time of each transaction.
Where you have been approved to use our Services, you are bound to comply with all applicable Terms and Conditions (including these Platform Terms), and pay all relevant payments and fees in accordance with the relevant payment schedule.
We reserve the right to charge late fees and other fees as applicable where you fail to meet any payment deadline or other obligations under the applicable Terms and Conditions.
We are the exclusive owners of all intellectual property rights in and to Zip, including all content on our website and app.
You must not copy, use, reproduce, modify, repurpose, or imitate any of our content (including our trade marks) without our prior written permission.
You may request to close your Account by submitting a request to us directly.
Account [deactivation/closure] is only permitted where all amounts owing to us by you have been paid in full (i.e. there are no outstanding transactions or related payments) and no refunds or disputes are in progress.
You will receive confirmation that your Account has been closed, at which point you will no longer be able to access your Account.
ACCOUNT SUSPENSION AND TERMINATION
We reserve the right to suspend and/or terminate your Account with immediate effect if, at any time:
- you breach these Terms;
- you fail to pay any fees or other payments due;
- we are unable to process any payment and/or fees due under your Account;
- we deem necessary to prevent fraud;
- we reasonably consider any suspicious Account activity.
Where we terminate your Account for any serious breach or misconduct, we may, at our sole discretion, ban you from holding an Account with us (and from using our Services) in future.
We reserve the right to close your Account at our reasonable discretion.
CHANGES TO ZIP
We may change, adapt, alter, reconstruct, deconstruct and/or discontinue Zip, or any parts of our Services. Changes might relate to performance improvements, security enhancements, functionality, operational aspects and/or legal changes which require us to make adjustments.
Where we’ve made any material changes, we’ll do our best to notify you about those changes (such as a pop-up when you log in to your Account). However, you understand and agree that there will be times when we make changes without notice, including where we feel we need to take action to improve security, stop or protect against fraud and related activity, or comply with any legal requirements.
We don’t give any warranties about the accuracy, reliability or completeness of information available on Zip or accessible through your Account. You are in charge of and responsible for any actions you take as a result of or in reliance on any information.
We do not provide financial advice. If you have any questions or concerns regarding your financial position (including your suitability to use our Services) you should seek independent advice before applying for and using our Services.
We do our best to keep Zip and our Services running smoothly. However, Zip (including our Services) may be temporarily unavailable or not work as expected at any time, including due to:
- maintenance or unavailability of third-party software or services which we rely on;
- system overload or capacity issues; and/or
- upgrades, updates or other maintenance on our systems or to our platform.
Zip (including our Services) are provided on an ‘as-is’ and ‘as available’ basis, without any warranties or guarantees about functionality, fitness for purpose, operational capacity or non-infringement of third-party rights.
PRIVACY & COOKIES
Cookies are small bits of data that are stored in your browser or device. When you access Zip, we collect cookies so that we can provide you with a tailored browsing experience and remember your preferences each time you visit us.
LIMITATION OF LIABILITY
Where you are a “consumer” under the Consumer Guarantees Act 1993 (CGA) you have the benefit of statutory guarantees in the CGA – nothing in these Terms limits or restricts these consumer rights.
LINKS TO OTHER SITES
There may be links to third party websites on Zip which we don’t own or control. We take no responsibility for the content, validity, accuracy or use of any other website.
We may make changes to these Terms from time to time. If we make any material changes then we’ll let you know before those changes come into effect by including a notification (or something similar) when you log-in to or next access your Account.
If you have any concerns or dispute with us or our Service, please contact us on:
Phone: 09 489 8144
Address: Zip Co NZ Finance Limited, Level 13, 5-7 Byron Avenue, Takapuna, Auckland
We are registered under the Financial Service Providers (Registration and Dispute Resolution) Act 2008.
You can find out more information about our disputes and complaints procedure – set out here.
These Terms are intended to be for the benefit of, and enforceable by, any affiliate or subsidiary of ours for the purposes of the Contract and Commercial Law Act 2017.
Nothing in these Terms shall create, constitute or evidence any partnership, joint venture, agency, trust or employer/employee relationship between us.
No waiver of any breach of these Terms 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 these Terms 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 these Terms.
These Terms constitute the entire agreement between us as it relates to your Account. Additional terms and conditions will apply in respect of each new purchase of goods using the Services and any associated Payment Schedule.
If any provision of these Terms is held to be invalid, illegal or unenforceable, it will be severed and the remainder of the Terms will remain in full force and effect.
These Terms are governed by New Zealand law.
You agree and submit to the non-exclusive jurisdiction of the New Zealand Courts in respect of any dispute arising out of these Terms, our Services and/or Zip generally.
Last updated 29 July 2021