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FREEDOM PAY TERMS & CONDITIONS

FLF Payment Plan Terms and Conditions – August 2019
The terms of the FLF Payment Plan are set out in these Terms and Conditions and your Payment Schedule.  Capitalised terms have the meaning set out below, under the heading ‘Meaning of words and interpretation’. 

Your consumer rights
As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights).    For more information on your Consumer Rights, you can visit the Australian Competition and Consumer Commission's website at www.accc.gov.au or the Australian Securities and Investments Commission website at www.asic.gov.au.  Nothing in this agreement is intended to exclude, restrict or modify any of your Consumer Rights, including in a manner which would be considered unfair under the relevant consumer protection laws.

1.  Repayments
1.1 Once we pay a Payment Amount on your behalf to the Recipient  at your request, you owe us that amount. You must pay to us, in relation to each Payment Amount:

  1. the repayments in the amount and at the frequency or on the dates specified in the Payment Schedule for the relevant purchase from the Start Date (unless there is a Default, in which case you must pay us in accordance with this document); and
  2. any additional fees not included in the  Payment Amount.
If an amount is due on a day that is not a Business Day or a day that does not exist (e.g. 30 February) you must pay us that amount on the next Business Day.

1.2 The repayment amount stated in the Payment Schedule excludes any government duties applicable to the repayment and does not include any fees or charges payable under this Payment Plan other than the Monthly Maintenance Fee (if applicable).

1.3 We will notify you of the Start Date for the Payment Amount. The Start Date for a Payment Amount will typically be the date we pay the Payment Amount to the Recipient, unless we notify you of a different Start Date.

1.4 You must make the repayments by direct debit from the bank account or credit card shown in the Payment Schedule or by any other manner approved by us. You must ensure that there are sufficient funds in that account to allow any repayment to be honoured.

1.5 You can make repayments or pay fees and charges ahead of time, if you like. 

1.6 We will apply a payment received in the following order in repayment of any unpaid amounts to the extent that the relevant items have been charged to your Payment Plan at the time the repayment is processed:
  1. enforcement expenses;
  2. government taxes, duties or charges;
  3. fees payable under this Payment Plan;
  4. any Outstanding Payment Amounts;
  5. any other part of the Balance Owing.

1.8 All repayments, fees and charges, once paid, are not refundable unless we have received payment in error or you are entitled to a refund under the Australian Consumer Law or any other law.

1.9 If the Payment Amount paid on your behalf relates to your Club Interest, then:
  1. in the event you sell the Club Interest to which the Payment Amount relates, you are still required to continue to make repayments to us and to pay any related fees and charges until the Total Amount Owing is paid in full, even in the event you are no longer in possession of that Club Interest; and
  2. this Payment Plan does not affect your rights and obligations under the agreement for your Club Interest.  We confirm that any claims in relation to your Club Interest is solely a matter between you and the Club.

1.10.If we pay the Payment Amount on your behalf and you no longer wish to proceed with the good or service provided by the Recipient to which the Payment Amount relates you are still required to continue to make repayments to us and to pay any related fees and charges until the Total Amount Owing is paid in full.

2. Fees and Charges
2.1 Subject to clause 7.3, you must pay us:
  1. a Monthly Maintenance Fee of $6.00 which covers our reasonable administration fees in relation to this document (such as monitoring repayments and issuing account statements). This fee is due and payable each month on the first Business Day of each month if the Balance Owing has been greater than zero on any day since the first Business Day of the previous month. This is only charged once each month. 
  2. a Late Payment Fee of $10.00 each time a repayment is not paid by the due date for payment as set out in the Payment Schedule;  
  3. all additional government stamp and other duties and charges payable on receipts or withdrawals under this Payment Plan; and
  4. any reasonable Costs we reasonably incur in enforcing this Payment Plan after a Default, which includes enforcement expenses reasonably incurred by the use of our staff and facilities.

2.2 You authorise us to debit any of these amounts to your Payment Plan in which case they form part of the Total Amount Owing. We may do so on or after the date we pay them or the date they become payable by you or us. If they are not already due, they are due when debited to the Payment Plan.

3. Default
3.1 You are in Default if:
  1. you do not pay  amounts due under this Payment Plan and Payment Schedule within 2 Business Days of their due date;
  2. you or another person on your behalf gives us or has given us materially incorrect or misleading information in connection with this Payment Plan, or we conclude on the basis of evidence available to us that it is more likely than not that you have acted fraudulently in connection with this Payment Plan; or
  3. you become Insolvent or are declared bankrupt or steps are taken to make you bankrupt or Insolvent.

3.2 If you are in Default, we will give you a notice stating that you are in Default. If you don’t correct the Default within the applicable grace period given in the notice (which we will decide, acting reasonably), then, at the end of that period and without further notice to you, the Total Amount Owing becomes immediately due for payment (to the extent it is not already due for payment). We may then sue you for that amount. 

3.3 Reasonable Enforcement expenses may become payable under this Payment Plan in the event of Default and are payable in accordance with clause 2.

4. What you do if you dispute a transaction or want to make a complaint
4.1 If you want to dispute a transaction or make a complaint about your Payment Plan or anything else in relation to this Payment Plan, you should tell us as soon as possible using our contact details set out in the Payment Schedule (or as otherwise advised to you) and provide us with sufficient information or documents for us to be able to investigate the matter. 

4.2 We will investigate the matter, and if we are unable to settle it to both parties’ satisfaction, we will advise you in writing of the procedures for further investigation and resolution and may request further relevant details from you.

4.3 Within 21 days of receipt from you of the details of the disputed transaction or your complaint, we will:
  1. complete our investigation and advise you in writing of the outcome of our investigation: or
  2. advise you in writing that we require further time to complete our investigation, unless there are exceptional circumstances in which case we will let you know the reasons for the delay.

4.4 If we find that an error was made, we will make any appropriate adjustments to your Payment plan and notify you in writing of the amount of any adjustment.

5. What you can do if you are in financial difficulty
If you are having trouble, or think you may in the future have trouble, meeting your obligations under this Payment Plan, please contact us on 1300 261 641 so we can work with you to try to help you.

6. General matters and assignment to third party
6.1 We may exercise a right or remedy under this Payment Plan (in addition to other rights and remedies provided by law independently of it or by any other Payment Plan) or give or refuse our consent in any way we consider appropriate including by imposing reasonable conditions.

6.2 If we do not exercise a right or remedy fully or at a given time, we can still exercise it later.

6.3 We are not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy other than if caused by our negligence.

6.4 We may assign or transfer our rights under this Payment Plan to a third party without your consent in which case we will notify you of such an assignment. Any person to whom our rights are transferred will have the same rights that we do under the Payment Plan. Your rights and obligations will not be affected by an assignment of our rights to a third party. 

6.5 You agree that we may disclose any information or documents we consider reasonably necessary to help us exercise this right including personal creditworthiness information to persons involved in providing funds by way of securitisation. 

6.6 Your rights are personal to you and may not be assigned without our written consent, such consent not to be unreasonably withheld. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. 

6.7 We may also make any reasonable change to any provision of this Payment Plan to comply with any law or regulation, and we will give you written notice of such a change.

6.8 Subject to any statutory right of set-off which we cannot exclude by agreement (such as under consumer protection legislation), you must pay all amounts due under this Payment Plan in full without setting off amounts you believe we owe you and without counter-claiming amounts from us.

6.9 This Payment Plan and Payment Schedule is governed by the laws of Queensland, Australia. 

Notices - Your email address and mobile phone number
6.12 We may use, and you consent to us using, your email address as part of our secure log in or authorisation process, or to advise you of changes to your Payment Plan and to communicate with you in connection with this Payment Plan. You need to keep your email address current and to update your email address you may contact us on 1300 261 641.  We will send you notices under this Payment Plan to your email address.

6.13 Because we use, and you consent to us using, electronic communication we will use your mobile phone number to send you any information you need to know.  So we can communicate with you, you must keep your mobile phone number provided to us up to date. You may update your mobile phone number by contacting us on 1300 261 641. If you do not provide us with your current mobile phone number you may not be notified of important information relevant to you Payment Plan.

6.14 You agree that you will notify us of any change to your contact details as previously advised to us within 5 Business Days of the change taking effect.

Transactions and records
6.15 You acknowledge at the date of this Payment Plan that:
  1. you are at least 18 years old;
  2. you are a permanent resident of Australia; and
  3. you are not an undischarged bankrupt or have reason to believe you are or may become Insolvent.

Your authority to operate the bank account
6.17 You agree that you are the authorised signatory of the bank or credit card account to be used for the repayments required to be made under this Payment Plan.
Who we can take instructions from in relation to your Payment Plan

6.18 Subject to clause 6.19, we can only take instructions in relation to this Payment Plan from you.  Should you wish to nominate a third party to act on your behalf, we must receive this request from you in writing. 

What happens if you are more than one person?
6.19 Where you are more than one person, you acknowledge and agree that:
  1. any one such person individually can operate the Payment Plan Account and bind all such persons.  We can take and act on instructions from any one such person in relation to this Payment Plan (including instructions to suspend or cancel your Payment Plan Account) however to lift a suspension we will require the consent of all such persons;
  2. each such person is individually and jointly liable for all of your obligations under this Payment Plan; and
  3. information available in our website will be accessible by each such person.

7. Privacy (including consents)
7.1 The clauses below set out:
  1. consents that you give us in relation to your personal information; and
  2. important information about our collection, use, disclosure and management of your personal information.

7.2 Our “Privacy Policy” and Credit Reporting Policy documents, available at www.freedomleisure.com.au (select ‘Policies’ then ‘Privacy Policy’) provide more details about how we manage your personal information, including your credit information and credit eligibility information as well as the collection, use, and disclosure of your personal information.

7.3 We ordinarily collect personal information about you for the following purposes, and, to the extent not already authorised by law, you agree to us using and disclosing that information for these purposes:
  1. assessing and processing existing or future application(s) for Payment Plans or other goods or services, managing your account or other products, responding to your questions, performing our obligations in relation to the Payment Amount;
  2. either us, the Recipient or any other service provider appointed by us contacting you about your Payment Plan or regarding promotions, campaigns or for any other special offer/s or promotions;
  3. protecting us and our assets (including against fraud) and selling our assets (including by assigning any debts); and
  4. complying with laws that may require us to collect your personal information including but not limited to: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (for example, for identity verification), the National Consumer Credit Protection Act 2009 (Cth), the Financial Sector (Collection of Data) Act 2001 (Cth) and the Corporations Act 2001 (Cth), as well as other legislation (for example, requiring us to maintain client and transaction records, and to make reports and provide other information to regulators such as ASIC) and the Taxation Administration Act, the Income Tax Assessment Act and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation).
  5. you authorise us (or any third parties providing services on behalf of us) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your Payment Plan Account. In addition, you acknowledge that we reserve the right to report any negative activity on your Payment Plan Account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.

7.4 We may collect your personal information from third parties where it is unreasonable or impracticable to collect it directly from you. These third parties include the Recipient, other credit providers, any of your employers, former employers, referees, banks, landlords, accountants, lawyers and financial advisers, service providers to us (including introducers, private investigators, professional advisers), professional organisations, internet sources, public and subscriber only databases and government authorities.

7.5 If you do not provide your personal information to us, we may not be able to approve your application and/or we may not be able to deal with future requests or queries from you in connection with your Payment Plan.

7.6 You agree that we can disclose your personal information (including, where permitted to do so under the Privacy Act, your credit information and credit eligibility information) for the purposes described above to any of our related bodies corporate, our assignees or potential assignees, the Recipient, our service providers, credit providers, your assignees or proposed assignees, debt collection agencies, our banks and financial advisers, our lawyers, accountants and other professional advisers, any suppliers or contractors to us who may need to have access to your personal information for the purpose of providing services to us or you, any person specifically authorised by you in writing and any person as permitted or required by law.

We may disclose your personal information to overseas recipients
7.7 Some of the organisations to whom we may disclose your personal information (including your credit information or credit eligibility information) will be located overseas. The countries in which overseas recipients are likely to be located currently include the Philippines (for an updated list of countries from time to time please see our Privacy Policy available on our website).

7.8 You acknowledge that by consenting to us disclosing your personal information to overseas recipients, Australian Privacy Principle (“APP”) 8.1 will not apply to the disclosure (which means that we will not be obliged under the Privacy Act to take reasonable steps to ensure that an overseas recipient does not breach the APPs and we will not be liable under the Privacy Act if the recipient does not act consistently with the APPs). By applying for this product you consent to such disclosures.
Marketing products and services to you.

7.9 You agree to us using and disclosing your personal information (including your telephone number, regardless of whether it is listed on the Do Not Call Register and your email or other electronic addresses) to provide you with information about our other products and services and the products and services offered by our partners, our related companies or suppliers. This includes, without limitation, communicating with you via emails, text messages or other electronic messages (without an unsubscribe facility). This agreement operates indefinitely. However, you can tell us that you no longer wish us to use or disclose your personal information for these purposes by contacting us on 1300 261 641.

Accessing and correcting your personal information
7.10 You have rights to request access to and correction of personal information that we hold about you (including credit information and credit eligibility information). Our Privacy Policy contains details about how you can make such requests as well as details about how you can make a complaint if you think there has been a breach of the Privacy Act and how we will deal with such a complaint.

8. Direct Debit Service Agreement

Direct debit service agreement
8.1 This is your Direct Debit Service Agreement with Freedom Leisure Finance Pty Ltd (ACN 115 087 771). It explains what your obligations are when undertaking a direct debit arrangement with us. It also details what our obligations are to you as your direct debit provider. This forms part of the Payment Plan and should be read together with any Direct Debit Request authorisation in a Payment Schedule you submit to us.

Debiting your account
8.2 By providing bank account details to make the Direct Debit Request (DDR) in a Payment Schedule, you authorise us to debit funds from the account stated in the Payment Schedule including any fees or charges specified in clause 2 and other amounts due under this Payment Plan. You should refer to the DDR and these Terms and Conditions for the terms of the agreement between you and us.

8.3 We will only arrange for funds to be debited from your account stated in a Payment Schedule as authorised in the DDR or as amended by notice from you (including by providing updated details in a subsequent Payment Schedule).

8.4 If any repayment or other amount falls due on a day that is not a Business Day, we may direct your financial institution to debit the account stated in a Payment Schedule on the following Business Day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

8.5 You must keep your DDR in effect until your Payment Plan Account is closed by us, the Total Amount Owing is repaid, or a new DDR has been established.
Amendments by us

8.6 If you are in Default, we may vary any details of the DDR or this clause 8 (other than the account number) to enable us to recover funds which are due and payable by you to us under this Payment Plan.

Amendments by you
8.7 Subject to clauses 8.1 to 8.4, you may change, stop or defer a debit payment, or terminate the DDR by arranging it through your financial institution, which is required to act promptly on your instructions.

Your obligations
8.8 It is your responsibility to ensure that there are sufficient clear funds available in the account stated in the Payment Schedule to allow a debit payment to be made in accordance with the DDR.

8.9 If there are insufficient funds in an account stated in a Payment Schedule to meet a debit payment:
  1. you may be charged a fee and/or interest by your financial institution;
  2. you may also incur fees or charges imposed or incurred by us; and
  3. you must arrange for the debit payment to be made by another method or arrange for sufficient funds to be in the account stated in the relevant Payment Schedule by an agreed time so that we can process the debit payment.

8.10 You should check the statement for the account stated in the Payment Schedule to verify that amounts debited to the account are correct.

Errors or Queries
8.11 If you believe that there has been an error in debiting your account you should notify us directly on 1300 261 641 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.  Alternatively, you can take it up directly with your financial institution.

8.12 If we conclude as a result of our investigations that the account stated in a Payment Schedule has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including any interest and penalties charged by your bank) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

8.13 If we conclude that the account stated in a Payment Schedule has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

Accounts
8.14 You should check:
  1. with your financial institution whether direct debiting is available from an account stated in a Payment Schedule as direct debiting is not available on all accounts offered by financial institutions;
  2. your account details which you have provided to us are correct by checking them against a recent account statement; and
  3. with your financial institution before completing the DDR if you have any queries about how to complete the DDR.

Meaning of words and interpretation
In these Terms and Conditions:

Balance Owing means, at any time, the difference between all amounts credited and all amounts debited to your Payment Plan Account at that time.  When this amount is to be calculated at the end of a day, it includes all debits and credits assigned to that day.

Business Day means a day other than a Saturday or Sunday or a public holiday listed throughout Australia.

Club means, where your Payment Amount relates to a Club Interest, the timeshare scheme described in the Payment Schedule.

Club Interest means, where applicable, your interest, points or membership in the Club.  

Costs includes charges and expenses and costs in connection with legal and other advisers.

DDR has the meaning given in clause 8.1.

Default has the meaning given in clause 3.1.

Direct Debit Service Agreement means the agreement set out in clause 8.

Insolvent means being an insolvent under administration or insolvent or having a controller appointed (such as defined in the Corporations Act 2001 (Cth)) such as being bankrupt, in receivership, in receivership and management, in liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or otherwise unable to pay debts when they fall due.

Monthly Maintenance Fee has the meaning set out in clause 2.

Outstanding Payment Amount means any Payment Amount which has not been repaid in full.

Payment Amount means the amount provided or paid by us on your behalf under your Payment Plan and Payment Schedule, to  the Recipient for the Permitted Purpose.

Payment Plan means the payment plan formed between you and us comprising each Payment Schedule and these Terms and Conditions.

Payment Plan Account means an account we establish in your name for recording all transactions in connection with this Payment Plan.

Payment Schedule means, in relation to a payment using your Payment Plan, the payment schedule annexed to these Terms and Conditions (as amended in writing by the parties from time to time).

Permitted Purpose means the purpose for which the Payment Amount is provided as identified in the Payment Schedule.

Privacy Policy means our privacy policy available at www.freedomleisure.com.au.

Recipient means the entity to whom the Payment Amount is paid on your behalf as identified in the Payment Schedule.

Start Date has the meaning given in clause 1.3.

Terms and Conditions means this document together with the Payment Schedule.

Total Amount Owing means the Balance Owing on your Payment Plan, plus all other amounts which you must pay under this Payment Plan but which have not been debited to your Payment Plan Account.

We’ means Freedom Leisure Finance Pty Ltd ACN 115 087 771 and its successors and assigns and ’Our’ and ‘Us’ have a corresponding meaning.

You’ means the person or persons named in the Payment Schedule you submit to us and ‘your’ has a corresponding meaning.  If there is more than one person named, each of you is liable for all obligations under this Payment Plan individually and jointly. It includes your successors and assigns.

Interpretation
In these Terms and Conditions:
  1. a reference to a document includes any variation or replacement of it;
  2. a reference to a law includes any common law, principles of equity, and laws made by parliament (and laws made by parliament include regulations and other instruments under them, and consolidations, amendments, re-enactments or replacements of them);
  3. a reference to anything includes the whole and each part of it;
  4. the word 'include' in any form is not a word of limitation; and
  5. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
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