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.

The following terms and conditions form the basis of your continuing credit contract with Cujo.

About these Terms and Conditions

Your Contract comprises:

1. These Terms and Conditions;

2. The Cujo BondPay Schedule; and

2. The Cujo RentBump Schedule.

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 and Cujo RentBump 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 and RentBump Schedule in respect of the services provided by Cujo as set out in clause 3.

Amount of Credit means the amount of credit available in connection with your Account and this continuing credit contract.

Ancillary Services means the various services and utility connection services offered by the Cujo Connect Service Partner, 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.

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

Cancellation Fee means this fee charged to you if you decide to cancel your application after the acceptance date however prior to the service commencing..

Contract means this Contract between you and us comprising these Terms and Conditions and the BondPay and RentBump Schedule.

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

Cujo RentBump 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. This fee is for the provision of application, management and collection services not for the provision of credit.

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 BondPay Schedule or Cujo RentBump Schedule.

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.

Rent means your regular payment to the Landlord for the use of the Property.

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.

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 Terms and Conditions document which forms part of your Contract.

Transaction means a drawdown in respect of your Residential Bond or Rent, 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 you 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; offering the Ancillary Services through the Cujo Connect Service Partner.

3.3 We will charge an Account Fee on the end of the first two months for the costs incurred in clause 3.2

3.4 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

a) 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.

b) the Transaction initially made by Cujo upon your Account being activated is the Amount of Credit available to your Account.

c) You agree to provide accurate, current and complete information during the registration process and update such information by your accessing of your Cujo account to keep your account accurate, current and complete.

d) You authorise us or the credit provider, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information using the information about you that you have provided us from time to time including information set out in your account

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

9.4 If you wish to apply for RentBump under this continuing credit contract, then the Unpaid Balance must be no less than the Amount of Credit, and otherwise meet the following conditions:

(a) requested a RentBump drawdown in writing from Cujo;

(b) not be in Default under this Contract;

(c) have a satisfactory repayment history with Cujo and meet the assessment criteria for providing further advances to existing customers; and

(d) Cujo elects, at its absolute discretion, to advance the RentBump drawdown to you.

10.0 METHOD OF REPAYMENTS

10.1 You must pay the Repayment Amount using direct debit, or any other available methods, as amended from time to time by Cujo and notified to you.

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

11.0 CREDIT FEES PAYABLE BY YOU

11.1 We will not charge you any interest on any credit provided by us to you under this continuing credit contract.

11.2 You must pay us the fees and charges in the amounts and the circumstances set out in the Cujo BondPay Schedule or Cujo RentBump Schedule, as varied or updated from time to time by us. We will not charge you any fees under this continuing credit contract that exceeds the amount stipulated in the National Consumer Credit Protection Regulations 2010 (Cth).

11.3 We will debit the fees and charges to your Account when they are payable and they will appear on your Statement.

11.4 If you proceed with 3 services thru the Cujo Connect Services Partner, then we will waive a single monthly service fee ($25) from your Account.

11.5 If you proceed with 4 services thru the Cujo Connect Services Partner, then we will waive two monthly service fees ($50) from your Account.

11.6 We will 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.

12.0 OTHER FEES AND CHARGES

12.1 It is a condition of approval that you utilise not less than 2 services offered by the Cujo Connect Services Partner. It is a Default Event under clause 19 if you do not utilise at least 2 services offered by Cujo Connect Services Partner and a $50 default fee applies (Utilities Default Fee). If you proceed with 1 service thru the Cujo Connect Services Partner, then a reduced $25 Utilities Default Fee will apply to your Account. This Utilities Default Fee is a fee for the provision of application, management and collection services not for the provision of credit. 

12.2 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.

12.3 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. It is a fee for the provision of application, management and collection services not for the provision of credit.

12.4 If you default on your monthly repayment plan, we may, but under no obligation to do so, and subject to our rights under this Contract, offer you a revised fortnightly or weekly payment structure in smaller repayment amounts. These payment plans will incur alternate service fees ($16.50 / $9) with the total payable being dependent on the billing cycle and duration of the payment plan. If you agree to a renewed payment plan, then clause 12.3 will be applied to the new payment plan in the event that you default on your payments. 

12.5 A Cancellation Fee maybe charged or retained in the case where you voluntarily request to not proceed with the service after your account has been activated. The standard fee is $150 however can be lower at our discretion.

12.6 Dispute resolution should be addressed as per section 28. Should a dispute be raised directly with the associated banks, you may be liable for any chargeback fees incurred by Cujo for transactions deemed legitimate by Cujo, regardless of dispute resolution finding. These fees will be added to your account at the same cost incurred by Cujo.

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, on request, you may 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;

provided that we provide written notice no later than 30 days after the proposed changes.

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; or

(f)   you have an Outstanding Balance of zero.

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 do not connect 3 or more services thru the Cujo Connect Service Partner;

(g)  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. 

20.4    You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of your fraud. 

20.5    Without prejudice to clause 20.4, you also agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of:

(a) any falsehood or inaccuracy contained in any information you provide us; or

(b) another person using or trading on your account (whether or not authorised by you), except where it is our fault that they have done so.

20.6    To the extent permitted by law:

(a) we do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Cujo’s services. In particular, we are not liable if interference with or damage to your computer or other technological systems occurs in connection with your use of the Website;

(b) any condition, warranty or guarantee which would otherwise be implied by these Terms and Conditions is hereby excluded; and

(c) our liability to you for breach of a condition, warranty or guarantee implied by such legislation shall be limited, at our sole discretion, to the payment of the cost of having the services supplied again.

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 continuing credit 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.

27.11 You acknowledge that by agreeing to the terms and conditions, you agree to enter into a continuing credit contract under the National Consumer Credit Protection Act 2009. 

27.12 You agree that Cujo may perform services through third party related or unrelated services. This means that you allow Cujo to delegate, outsource or assign services to third parties. 

27.13 The website may provide links to access various other websites on the internet. We do not endorse or warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any third-party websites. The inclusion of third-party websites does not imply any association with the third-party websites’ operators.

27.13 You acknowledge that any default fees which you may be liable for are fees for the provision of application, management and collection services, and not for the provision of credit.

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. Upon receipt of written notice, Cujo will investigate the complaint in co-operation with the client, and will acknowledge the receipt of your complaint with 1 business day. 

If your complaint cannot be resolved promptly, our Complaints Officer will take responsibility and work with you to resolve the matter. Cujo must endeavour to resolve the dispute in good faith and within 30 calendar days of receipt of your written complaint unless we reasonably require more time due to the nature of your complaint or other reasonable consideration.