In these Terms of Use a reference to Cujo is a reference to Cujo Holdings Pty Ltd (ACN 643 273 705) and its related bodies corporate from time to time

About these Terms and Conditions

Your Contract comprises:

1. The Cujo BondPay Schedule; and

2. These Terms and Conditions.

Before you accept this offer and a Contract is formed you should read both documents carefully. Together they contain information we are required by law to give you and you should keep them for future reference.

1.0 DEFINITIONS

The following terms and expressions have the following meaning in the Terms and Conditions and Cujo BondPay Schedule:

Acceptance Date means the date the offer was accepted and this Contract formed

Account means the Account we set up to record the Transaction under this Contract.

Account Fee means the fee set out in the Cujo Bond Pay Schedule in respect of the services provided by Cujo as set out in clause 3.

Account Number means the unique number that identifies your Account.

Ancillary Services means the various services and utility connection services offered by Cujo, or it’s marketing partners, to you in relation to the Property and/or your Residential Lease.

Application Form means the form on the Cujo Website that collects your Personal Information and the information relating to the Residential Bond, the Residential Lease and the Property.

BPay means the electronic payment scheme that is operated by BPay Pty Limited ABN 69 079 137 518.

BPAY Facility means the BPAY Facility we allow you to use to make BPAY repayments to your Account.

Business Day means a Day that is not a Saturday, Sunday or Public Holiday in Victoria.

Contract means this Contract between you and us comprising the Cujo Bond Pay Schedule and these Terms and Conditions.

Cujo means Cujo Holdings Pty Ltd ACN 643 273 705.

Cujo BondPay Schedule means the table at the end of this Contract which details the various fees associated with this Contract. 

Cujo Website means www.getcujo.com.au 

Customer ID means a number we give you that identifies you as having an Account with us.

Direct Debit Request is an authority that allows us to debit your Nominated Account and to credit your Account.

Direct Debit Request Service Agreement means your agreement with us in respect of your Direct Debit Request.

Due Date means the day by which you are required to make your repayments as set out in the Schedule

Effective Date means the date that we assign to an amount that is debited, or where relevant, credited to your Account.

Late Fee means the fee due and payable if a Minimum Repayment Amount is not made by the Due Date.

Managing Agent means the person or specialise real estate company that is appointed by the Landlord to manage the Property on the Landlord’s behalf.

Minimum Repayment Amount means the minimum amount you are required to pay us by the Due Date as notified on your Cujo Pay Schedule or Statement.

Outstanding Balance means the difference between all amounts credited to and all amounts debited from your Account.

Overdue Amount means the amount described as such on your Statement, which includes but not limited to repayments not made by the Due Date.

Password means the secret alphanumeric code used by you to access your Account.

PIN means the personal identification number used by you to access your account.

Property means the dwelling owned by the Landlord that you will be leasing under the Residential Lease.

Residential Bond means the amount payable by the Tenant under the Residential Lease.

Residential Lease means the rental agreement between the Landlord and Tenant in respect of the Property.

Service Partner means our preferred third party service provider that will assist you with connecting utilities and potentially arranging for insurance cover.

SMS means the telecommunications “short message service” technology which may allow text messages to be sent to your Mobile Phone.

SMS Code means an authorisation code sent by SMS to your Mobile Phone to authorise a Transaction on your Account.

Statement means a statement of account issued by us in respect of your Account.

Terms and Conditions means this Cujo Bond Pay Terms and Conditions document which forms part of your Contract.

Transaction means a drawdown in respect of your Residential Bond, authorised by you and accepted and authorised by us under this Contract.

Transaction Amount means the dollar amount related to a Transaction posted to your Account.

Transaction Date means the date that a Transaction is processed to your Account which is described as such in a Statement.

Unauthorised means without your knowledge or consent.

Unpaid Balance means the difference between all amounts credited to and all amounts debited from your Account.

we, us, our means Cujo and includes its’ successors and assigns and anyone acting on our behalf.

you, your means the holder of the Account, and where more than one includes each of you individually and all of you collectively.

2.0 CONTRACT

This Contract governs the Transaction made using the Account.

3.0   NATURE OF THE ACCOUNT

3.1 The Account can only be used by you for making the Transaction in accordance with this Contract.

3.2 We incur costs in providing the services set out in this Contract, including but not limited to: Account set up and Account management; creating, approving, authorising and verifying the Transaction; providing Statements; managing and processing your Repayments through Direct Debit, Card or BPay; managing and maintaining the Cujo Website.

3.3 We will charge an Account Fee each month for the costs incurred in clause 3.2

3.4 We will waive the Account Fee if you sign up to the Ancillary Services before the Due Date.

3.5 You are only permitted to have one active Account at any time.

4.0 ELECTRONIC ACCEPTANCE

You

a) acknowledge and agree that both you and Cujo have or will sign this Contract electronically; and

b) consent to providing your signature electronically for the purposes of this Contract, the Direct Debit Service Agreement, and the Privacy Act Authorisation and Disclosure.

5.0 ACCOUNT ACTIVATION

Cujo will not make the Transaction until your Account is activated. Your Account is activated by you accepting this Contract and receiving confirmation from us that your application has been successful.

6.0   COMMUNICATIONS

You

a)    authorise us to use email as the primary means of communication.

b)    authorise us to use your mobile or fixed line telephone as an alternative means of communication. This may include contacting you for the purposes of ensuring compliance with your obligations under this Contract.

c)    must tell us if you change your name, your residential, postal or email address, your telephone or mobile number. This should be done by emailing hello@getcujo.com.au with the revised details. 

If you update your email address or telephone number, you authorise us to communicate with you as per both 6.0(a) and 6.0(b) using the updated information.

7.0 NOTICES

7.1 If you have to contact us or provide a document, then you can:

(a)        email us at hello@getcujo.com.au 

(b)         post it to our mailing address as shown on this Contract, or any other address we tell you; or

7.2 Unless otherwise stated, if we need to contact you or provide a document or notice, we can do so by:

(a)          delivering it to you personally; or

(b)         leaving it at, or sending it by post to your residential or postal address last known to us; or

(c)        emailing it to the email address you have provided to us.

7.3 If you have provided us with your email address you must:

(a)          regularly check your email inbox, and spam or junk mail folders, to see if you have received any emails from us;

(b)         maintain and check your email address regularly to ensure it is always capable of receiving emails from us; and

(c) you are responsible for printing or saving important documents. Cujo is not responsible for storing documents or receipts on your behalf.

7.4 To the extent permitted by law, any notice or document given by us under this Contract or required by law or industry code or guideline may be given in writing, can be signed by any of our officers, and can be delivered personally, by pre-paid mail to the address you have nominated, or by email to your nominated email address, or if no such address has been nominated by you, your address as last known to us.

7.5 Any such notice or document shall be deemed to have been received by you when it would have been delivered in the ordinary course of post or, if delivered by email, at the time it becomes capable of being retrieved by you at your email address.

8.0 REPAYMENTS

8.1   You must pay us the Repayment Amount shown on your Statement by the Due Date shown on your Statement. 

8.2   You are responsible for ensuring that payment is received by us on time on or before the Due Date.

8.3    If the Due Date is not a Business Day, you must ensure it is received by us by the next Business Day.

8.4 If your Statement shows an Overdue Amount or refers to an amount “Due Immediately” you must also pay us that amount immediately on receipt of your Statement.

9.0 APPLICATION OF REPAYMENTS

9.1 A repayment will be treated as being made on the Effective Date. The Effective Date for each repayment will be set out in your Statement.

9.2 Third parties who process your repayment on your behalf are not our agents and receipt of a repayment, and the Effective Date will be the date and time we receive your repayment.

9.3 We will apply your repayments to your Unpaid Balance

10.0 METHOD OF REPAYMENTS

10.1 You must pay the Repayment Amount using one of the following available methods, as amended from time to time by Cujo and notified to you:

(a) direct debit from your Nominated Account (by completing a Direct Debit Request); or

(b)   BPAY from any participating financial institution (please refer to your Statement for further information on how to make a repayment to us Using BPAY).

10.2 A direct debit must be active as a repayment method for your Account at all times unless agreed by us.

11.0 FEES PAYABLE BY YOU

11.1 You must pay us the fees and charges in the amounts and the circumstances set out in the Cujo Bond Pay Schedule, as varied or updated from time to time by us.

11.2 We will:

(a) debit the fees and charges to your Account when they are payable and they will appear on your Statement;

(b) deduct the fees and charges otherwise payable by you to us, if we receive confirmation that you have signed up for one or more of the Ancillary Services through our Service Partner; and

(c) apply any deduction of fees on a pro rata basis against the balance owing on your Statement, having regard to the number of payments remaining.

11.3 If you do not pay the Repayment Amount by a Due Date in accordance with the Cujo Bond Pay Schedule, then in addition to the Repayment Amount, you must pay us a $35 fee (Late Fee). This Late Fee is due and payable each time that the Repayment Amount is not paid by the Due Date.

12.0 GOVERNMENT FEES AND CHARGES

You must pay all Government duties, rates, taxes and charges now, or in the future, charged on or otherwise payable in relation to your Contract. You must pay us the amounts in accordance with the relevant legislation, whether or not you are liable for them under that legislation. We may debit these to your Account and they will appear on your Statement.

13.0 YOUR CUJO ACCOUNT

13.1 At our absolute discretion, and upon request, we may provide you with access to your Account to obtain information or give us instructions.

13.2 Access to your Account may require a Password, PIN or SMS Code.

13.3 We may use your email address or phone number as part of our secure log in and/or Transaction authorisation process, or to advise you of any enhancement or changes to your Account which may alter our delivery of, or your ability to use your Account.

14.0 STATEMENTS

14.1 Each month, you will receive a Statement for your Account showing the Outstanding Balance in the period. 

14.2 You are also entitled to ask for a Statement at any time. We may charge you a fee to provide Statements on request. 

14.3 All our Statements are provided electronically unless specifically requested otherwise. 

14.4 It is your responsibility to check your Statement carefully as soon as you receive it and immediately notify us of any errors or unauthorised Transactions.

15.0 CHANGES TO THIS CONTRACT

15.1 Cujo may vary Account Fees payable by you in relation to Account as follows:  

(a) Fees may remain the same or decrease during the term of this Contract; or 

(b) increase in the event of Default under clause 23; or 

(c) any other thing occurs relating to the Account which may result in additional costs being incurred by Cujo.

15.2 Cujo may at its absolute discretion, add or remove the various Ancillary Services offerings to you.

16.0   CHANGES TO YOUR PERSONAL CIRCUMSTANCES

16.1 You must contact us immediately in writing to inform us of a change in your personal details or circumstances, including without limitation:

(a)    your contact details change;

(b)    you change your name;

(c)    you are declared bankrupt or commit an act of bankruptcy;

(d)    you would like to appoint a person to act on your behalf under a power of attorney; or

(e)   your payment instructions change.

16.2 You have a positive obligation to inform us of any information that we should be aware of about your ability to comply with this Contract.

17.0 ASSIGNMENT

17.1 This Contract cannot be assigned by you without our prior written consent which may be grant or refused at our absolute discretion.

17.2 You authorise us to assign, transfer or otherwise deal with our rights under this Contract without the need to obtain further consent from you. This will not affect your rights or obligations under this Contract.

17.3 You consent to us disclosing on a continuous basis any information or documents relating to you we consider necessary to assign such rights, manage the assigned Contract and assess your total liabilities to us and any related entity.

18.0 CLOSURE OF YOUR ACCOUNT

18.1    You may request that your Account be closed by:

(a)   Giving us notice in writing or contacting us; and

(b)     Paying any Outstanding Balance in full, including Transactions, and fees and charges not yet shown on your Account.

18.2 If you request that we close your Account, your obligations under this Contract will continue until you pay us the total amount you owe us (including fees and charges and other amounts you become liable to pay under this Contract and which are not yet debited to the Account).

18.3    We may decide at any time, without prior notice and whether or not you are in default, to close your Account in one of the following circumstances:

(a)   your Account has a Past Due Amount or is in default; or

(b)     there is suspicious or fraudulent conduct; or

(c)     there is no active direct debit set up for Account repayments; or

(d)   you have breached or we become aware that you are likely to breach any Terms or Conditions of this Contract; or

(e)   you have made multiple attempts to apply for additional Cujo Pay Accounts.

Any actions taken by us under this clause do not effect the amounts you owe us under this Contract.

19.0 DEFAULT

19.1 You are in default if:

(a)  The payment of a Minimum Repayment Amount is not made by the relevant Due Date; or

(b)   You do not comply with any other terms or conditions of this Contract, and where such non compliance is likely to effect Cujo’s likelihood of being repaid under this Contract ; or

(c)   We believe, on reasonable grounds, that we were induced by fraud on your part to enter into this Contract; or

(d)   You make any materially false or misleading representation to us; or

(e)  You use your Account for any unlawful, fraudulent or improper activity; or

(f)  You have more than one Cujo Pay Account.

19.2 If you are in default we may send you a default notice specifying the details of the default, how it may be corrected, and how long you have to correct it

19.3 If you do not remedy the default within the time allowed then all amounts you owe us (including amounts which have been accrued but not yet debited to your Account) will be immediately due and payable. We may exercise our rights under this Contract at law.

19.4 Enforcement expenses may be payable if you default. You must pay to us all reasonable enforcement expenses incurred by us or our agents in exercising our rights because you default. Enforcement expenses when charged are debited to your Account, and when we do they will be added to and form part of the Unpaid Balance.

19.5 Enforcement expenses may include reasonable solicitors’ legal costs and the reasonable expenses of our staff and our facilities reasonably incurred in relation to any enforcement.

20.0  EXCLUSION OF LIABILITY

20.1    We do not warrant that the Rental Bond amount that you are being asked to pay under your Residential Lease is correct. You should always enquire beforehand before signing your Residential Lease.

20.2    We do not accept any responsibility should a Landlord make a claim on the Rental Bond or refuse to all or any of the Rental Bond to you.

20.3    We are not responsible for any issues or defects in the property leased by you that is the subject of the Residential Lease. You acknowledge and accept that all complaints about the Property must be addressed to the Landlord or Managing Agent. 

21.0   WARRANTIES

You agree that all statements made, information and documents provided in connection with the application to us for the Account and all representations which you have made or may make to us whilst the Account is open are true and correct. You acknowledge that we have relied upon the correctness of those statements, documents or representations in entering into this Contract and will continue to do so in our dealings with you.

22.0 LEGAL RIGHTS

You have certain rights at law which cannot be limited or excluded. Applicable law includes but is not limited to Australian Consumer Law and the Privacy Act 1988. Nothing in the Terms and Conditions limits or excludes those rights, however our liability is limited to the maximum extent permitted by law.

23.0 APPOINTMENT OF SIGNATORIES AND ATTORNEYS

You can appoint a signatory or another person (attorney) under power of attorney to act on your behalf and access your Account. We may require the signatory or attorney to sign our prescribed forms before they can access your Account. We will require satisfactory documentary evidence of the attorney’s appointment before we can allow the attorney to access your Account. We can refuse to accept any instructions from any signatory or attorney.

24.   INTERCEPTION AND RECORDING OF COMMUNICATIONS

You agree and acknowledge that we can intercept, record, read or view by any means any communication you may have with or make to us by any means.  Communications include telephone calls, emails and any other form of electronic or wireless communication.

25.   ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING  

25.1 You acknowledge that:

(a) we are subject to various Anti-Money Laundering and Counter-Terrorism Financing laws (AML/CTF) which include prohibitions against any person dealing with the proceeds or, or assets used in, criminal activity (wherever committed) and from dealing with any funds or assets of, or the provision of finance to, any person or entity involved (or suspected of involvement) in terrorism or any terrorist act; and

(b)   the AML/CTF laws may prohibit us from offering services to, or entering into, or conduction Transactions with you.

25.2   You agree:

(a)   That we are not required to accept or execute any instruction, or take any other action under, or in connection with, this Contract if we are not satisfied as to your identity, or where we suspect on reasonable grounds that by doing so we may breach the AML/CTF laws;

(b)   That we may delay, block or refuse to release any monies on your instructions, if we believe on reasonable grounds that to do so may breach any law in Australia or of any other country, including the AML/CTF Laws; and

(c)   That we will incur no liability to you for any loss you suffer (including consequential loss) however caused by reason of any action taken or not taken by us contemplated in paragraph 31b) (i) and (ii).

25.3 You agree to provide all information and documents to us which we reasonably require to comply with any law in Australia or any other country, including the AML/CTF Laws and agree that we may disclose information which you provide to us, or about Transactions you conduct, or seek to conduct, with us where we required to do so by any such laws. You undertake that the payment of monies in accordance with this Contract or any instructions given by you will not breach the AML/CTF laws and you agree to indemnify us against any loss arising where you breach this undertaking.

26.0   NO SET OFF OR COUNTERCLAIM

You agree to make all payments you owe us under this Contract in full, without any set-off or counterclaim. This means that you cannot deduct anything that you claim we owe you, or could in the future owe you.

27.0 MISCELLANEOUS

27.1 This agreement is the entire Agreement between the you and Cujo in relation to the Account. It supersedes all previous agreements, understandings or representations on the subject matter.

27.2 All Account Fees payable to Cujo under this agreement are exclusive of GST.

27.3 Headings are for convenience only and do not affect the interpretation of this Contract.

27.4 Unless required by law, you must keep confidential all information which relates to this Contract or Cujo’s business or operations except to the extent that that information is in the public domain.

27.5 You agree that Cujo may collect information and may use that information in accordance with Cujo’s Privacy Policy (https://www.getcujo.com.au/privacy-policy)

27.6 You acknowledge that in entering into this Contract you have not relied on any representations or warranties about the subject matter except as expressly provided by the written terms of this Contract.

27.7 If a court rules that a clause in this Contract is void or unenforceable or illegal, it is severed from this Contract. The remainder of the Contract has full force and effect.

27.8 Any legal action or proceeding with respect to this Contract shall be brought in the Court of Victoria. This Contract shall be interpreted in accordance with the laws of Victoria.

27.9 You agree that any statement (including, but not limited to, a statement of Account or a Default Notice) that has been given to you by us or a person acting on our behalf, is admissible evidence of that fact or matter in the statement and that, unless contrary evidence is established, it is conclusive evidence.

27.10 If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later and you agree we are not stopped from doing so. In addition we are not liable for any loss caused by exercising or attempting to exercise a right remedy or power or not exercising it, whether or not it is caused by our negligence.

28.0   FEEDBACK AND COMPLAINT MANAGEMENT

You may contact us with your feedback including any complaints by:

(a)    Emailing us at hello@getcujo.com.au

(b)    Calling our customer service team

(c)    Clicking on the contact us button on the website

We will process your complaint as per our complaints policies and procedures.

If your complaint cannot be resolved promptly, our Complaints Officer will take responsibility and work with you to resolve the matter. A final written response will be provided within 45 days.

If you remain dissatisfied with the outcome and would like an independent review of the complaint and the result you can refer your complaint to:

Australian Financial Complaints Authority  (AFCA)

Phone:                     1800 931 678

Internet:              www.afca.org.au

Email:                   info@afca.org.au

Mail: GPO Box 3, Melbourne, VIC, 3001