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Direct Debit Terms
Introduction
These Terms set out the binding agreement between you and us regarding:
the process you must follow to enable a direct debit facility from your nominated bank account or Credit Card; and
your agreement the we may deduct amounts payable to us by direct debit from your nominated bank account or Credit Card.
Binding agreement
These Terms constitutes a legally binding agreement between you and us and govern the direct debit facility we establish with you. In consideration for the mutual exchange of promises, the parties agree to be bound by these Terms.
You must be a natural person over 18 years of age to agree these Terms.
You may agree these Terms as a representative of a body corporate (eg a corporation) but if you do so, you represent to us that you are authorised to bind the body corporate in the way contemplated in these Terms.
By agreeing these Terms you agree and warrant that you are a resident of a Territory.
You agree and warrant that any information you give to us under these Terms is truthful, accurate and not misleading.
If any information you give to us changes (eg your postal or email address), then you must update that information as early as practicable, otherwise we may not be able to supply our services to you or within the required time frames.
These terms are subject to the laws of the State of New South Wales, Australia, and the parties agree to submit to the non-exclusive jurisdiction of the courts of that state.
Identification
Before we initiate a direct debit facility for you, we must receive from you sufficient evidence to accurately verify:
your name, address and other contact information; and
you are the holder of the bank account nominated by you.
You agree to provide any additional information reasonably required by us to complete direct debit from your bank account or credit card..
Direct debit facility
You must pay solely by direct debit the amounts due for Allied Health Services provided by us; such fees which may vary from time to time and you will agree that we may amend these fees from time to time by notification to your address in writing.
You agree that we may:
initiate a direct debit facility from your nominated bank account or credit card; and
deduct payment for amounts due under by direct debit from your nominated bank account or credit card.
You must do all things reasonably necessary, including sign all applicable consents and authorities, to enable us to maintain a working direct debit facility from your nominated bank account or credit card in accordance with these Terms for the period that any amounts are payable by you under any agreement for services provided by us.
You must ensure that you have sufficient funds available in your bank account to pay the amounts due under clause 0 on the dates those amounts are due for payment.
If there are insufficient funds in your bank account to enable a payment of our fees, then third party charges may be incurred, such as bank charges levied on you and us. You agree to be liable for and pay all such costs and charges if any deduction made by us in accordance with any agreement we have with you does not proceed because of your failure to maintain sufficient funds in your nominated bank account. You agree that we may use the direct debit facility to enable us to pay such costs and charges.
Our discretion
We may accept or reject any request by you to initiate a direct debit facility in our absolute discretion, without providing reasons for our decision.
Queries, disputes and cancellations
If you wish to query or dispute any direct debit we make from your bank account, or cancel any direct debit facility, please contact us as follows:
Email: the email address specified in the ÒContact UsÓ section of our website;
Post: PO Box 538, Williamstown 3016, Australia.
In particular circumstances, you acknowledge that direct debit disputes may need to be directed to your financial institution for resolution.
We will use our reasonable endeavours to resolve direct debit disputes and give effect to cancellations as soon as practicable.
Changes to the direct debit facility
We will use our best efforts to give you at least 5 Business Days notice of any changes we need to make to the direct debit facility. If we need to make changes:
to ensure the correct operation of your or our banking facilities; or
to protect the security of your or our information or banking facilities,
then it may not be practicable to give you notice before making those changes.
You acknowledge that we will need at least 5 Business Days to make any changes you request to your direct debit facility with us. You will need to make allowance for such time frames in any request to us.
Notice
A notice relating to these Terms must be in legible, written English.
We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice only by email to the email address specified in the ÒContact UsÓ section of our website.
Notice is sent by the sender and received by the recipient:
(a) if delivered by hand, upon delivery to the receiving party;
(b) if sent by registered mail within Australia, 2 Business Days after the registration of the notice of posting;
(c) if sent by ordinary mail within Australia, 3 Business Days from and including the date of postage; or
(d) if sent by email, upon sender receiving back from recipient’s email address a confirmation read receipt (including any receipts generated by automated means).
A reference to a person receiving a notice includes a reference to the recipient’s officers, agents or employees.
If a notice is received outside business hours, then it is deemed received the next Business Day.
Confidentiality
A party to these Terms must not disclose to any third party, without the prior written consent of the other party or as contemplated under this Agreement, any Confidential Information provided from the other. This obligation does not extend to information which:
is, or becomes public knowledge without the fault of the receiving party; or
is, or becomes available to the receiving party from a source other than the disclosing party.
Our fees and charges for services renderedsurvives termination.
Liability
We exclude all implied conditions, warranties and terms, except those that cannot be excluded in law (ÒNon excludible ConditionÓ), eg such as warranties under the Trade Practices Act 1974 and the equivalent laws of a State or Territory.
To the extent permitted by law, our total liability for breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974) or for any other breach by us of these Terms (for which our liability is not excluded under this Agreement) is limited at our option, to any one of:
resupplying or replacing, or paying the cost of resupplying any goods; or
supplying again, or paying the cost of supplying any services again.
Definitions
These words and expressions have the following meaning when used in these Terms:
‘Assignment Agreement’ means the contract of that name between a lender and us, under which a lender agrees to provide funds to us;
‘borrower’ means a person interested in borrowing money, or who has agreed to borrow money, using our website;
‘Borrower Terms & Conditions’ means the contract of that name between borrowers and us, under which borrowers agree the process they must follow to borrow money using our website, and other general conditions regarding the use of our website and services;
‘Business Day’ means any day except Saturday or Sunday or a day that is a public or bank holiday in Sydney, New South Wales;
‘Confidential Information’ means confidential information of a party and includes information whether verbal, written or in some other form, including but not limited to electronic form relating to:
(a) knowledge or information regarding the business transactions, accounts or finances, affairs, property, policies, procedures or activities of the party; and
(b) any document or information which a party advises the other party is confidential.
‘lender’ means a person interested in providing funds to us, or who has agreed to provide funds to us, for the purpose of us lending money to a borrower using our website;
‘Lender Terms & Conditions’ the contract of that name between lenders and us, under which lenders agree the process they must follow to use their money to fund loans using our website, and other general conditions regarding the use of our website and services;
‘Loan Contract’ means the contract of that name between a borrower and us, under which a borrower agrees to borrow money;
‘Terms’ means the agreement consisting of clauses 0 to 0 of this document;
‘Territory’ means any State or internal territory of Australia;
‘we’ and ‘us’ means Carepro Allied Health Pty Limited (ABN 41 119 454 705) (and its assignees);
‘website‘ means the website www.carepro.com.au, including any materials and subdirectories accessible from and forming part of that website; and
‘you’ means the person who enters into these Terms (other than us)
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