Part 1 – humm Little Things Terms and Conditions – July 2022

These Terms and Conditions relate to the humm Little Things credit contract (Little Things Contract). The terms in Part 3 are included in and intended to be read together with the humm Little Things Terms and Conditions.

At the time of each purchase, you will be provided with a Payment Schedule for that purchase which supplements your Little Things Contract.

Your Little Things Contract is not a consumer credit contract under the Credit Contracts and Consumer Finance Act 2003, and, as such, the protections for debtors contained in that Act do not apply to humm Little Things.

Capitalised words in these Terms and Conditions have the meaning given to them in Part 3.

1. humm Little Things and you

   1. humm Little Things is a service that we provide for you to use to make purchases from Eligible Merchants by opening a Little Things CA to which these Terms and Conditions will apply.
   2. You may request a Little Things Amount of Credit from us to be provided for purchases, by submitting a Payment Schedule in relation to a proposed purchase to us via the humm Portal. If your request for a Little Things Amount of Credit complies with your Little Things Contract:
      (a) we will open a Little Things CA in your name if you do not have one;
      (b) we will pay the Net Purchase Price to the relevant Eligible Merchant on your behalf at the time of the transaction; and
      (c) you agree to pay us the repayments for that purchase on the due dates (see Part 1, clause 6).

2. How you can use your Little Things CA

   1. You can use your Little Things CA to purchase Goods, Installation or Services from Eligible Merchants.
   2. You will have a Little Things Limit. You may not increase your Little Things Limit.
   3. Subject to these terms, you may drawdown under your Little Things CA to purchase Little Things up to the amount of your Little Things Limit from Eligible Merchants.
   4. You must pay any minimum deposit on the date you drawdown under your Little Things CA for that purchase. You will be notified of any minimum required deposit at the time of any proposed purchase.
   5. You cannot use your Little Things CA to purchase a Little Thing if it will result in you having more than five Outstanding Little Things Purchase Amounts.

3. When you can’t use your Little Things CA for a purchase

   1. You cannot drawdown under your Little Things CA if:
      (a) the Little Things CA has been closed or use of the Little Things CA has been suspended or cancelled;
      (b) you are in Default;
      (c) you do not provide any documents we reasonably require from time to time, including identification documents;
      (d) you have not provided a completed application;
      (e) we suspect that you or another person may have acted fraudulently in connection with your Little Things CA or your Big Things CA (if you have one);
      (f) it will cause you to exceed the amount you have Available to Spend on Little Things; or
      (g) the Little Things Amount of Credit you have requested is lower than the Minimum Little Things Purchase Amount.

4. The amount you have available to spend

   1. When you purchase a Little Thing with your Little Things CA, your Little Things Balance Owing increases by the Little Things Purchase Amount and the amount you have Available to Spend on Little Things is reduced by the Little Things Purchase Amount on the Little Things Start Date for that purchase.
   2. When you make a repayment on a purchase it is applied first to any fees payable before being applied to the Little Things Purchase Amount. Repayments for a purchase made using your Little Things CA will only be applied to fees and Little Things Purchase Amounts relating to your Little Things Contract.
   3. When repayments are made on a Little Things Purchase Amount for a Little Thing, your Little Things Balance Owing decreases by the amount of the repayment after applying any Late Payment Fees in relation to Little Things in accordance with Part 1, clause 7 and the amount you have Available to Spend on Little Things increases by the same amount.

5. Reducing or cancelling your Little Things Limit

   1. We may, acting reasonably, reduce all or any of your Little Things Limit to any amount we choose if:
      (a) you are in Default;
      (b) we reasonably form the opinion that there may be a material adverse effect for you or us if we do not (including if we have concerns, on reasonable grounds, that you may not be able to meet your obligations under this Little Things Contract if you drew down further);
      (c) we decide to no longer offer this service, or we put an alternative offer to you; or
      (d) it is necessary due to a change in law or a code binding us or in interpretation of such a law or code.
      If you are in Default, we do not need to give you notice of this. Otherwise, we will give you one months’ prior notice.

6. Repayments

   1. Once we provide you with a Little Things Purchase Amount, you owe us that amount. You must pay to us, in relation to each Little Things Purchase Amount:
      (a) the repayments in the amount and at the frequency or on the dates specified in the Payment Schedule for the relevant purchase from the Little Things Start Date; and
      (b) any additional fees.
      However, your final required repayment in relation to a Little Things Purchase Amount cannot exceed the unpaid amount of that Little Things Purchase Amount and any applicable fees.
      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.
   2. Each purchase under the Little Things CA will have a separate Little Things Purchase Amount and repayments that are payable.
   3. We will notify you of the start date for each Little Things Purchase Amount (Little Things Start Date). The Little Things Start Date for a Little Things Purchase Amount will typically be the date you request a Little Things Amount of Credit from us to be provided for a purchase, which we approve.
   4. You must make the repayments and other payments using the credit card shown in the Payment Schedule or by any other manner approved by us. If you have more than one Little Things Purchase Amount outstanding, we will collect separate repayment amounts that relate to each Little Things Purchase Amount. You must ensure that there are sufficient funds in that account to allow any repayment to be honoured and you authorise us to charge the credit card in the required amount on the date that amount is payable.
   5. You can make repayments ahead of time, if you like.
   6. You can make a full prepayment of the Total Amount Owing for Little Things (Little Things Full Prepayment) at any time. For the avoidance of doubt, you will not be liable for any fees under Part 1, clause 7 which are not payable at the time of the Little Things Full Prepayment.
   7. We ordinarily 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 Little Things CA at the time the repayment is processed:
      (a) fees payable under this Little Things Contract relating to the relevant purchase;
      (b) any Outstanding Little Things Purchase Amount relating to the relevant purchase;
      (c) any other part of the Little Things Balance Owing.
   8. If you make a payment to us, and you have made more than one purchase on your Little Things CA, you may nominate the purchase which it relates to. If you do not nominate a purchase, or if you are in Default, we may, acting reasonably, determine which purchase it relates to at our discretion.
   9. If you are in Default, we may make reasonable changes to the amount, method of calculation, number, frequency or time for payment of repayments or period over which repayments are to be paid without your consent in order to remedy any arrears in payment. Any changes we make will be in accordance with the Lender Responsibility Principles even though your Little Things Contract is not a regulated consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003 and therefore not subject to these principles.
   10. All repayments and fees, once paid, are not refundable unless we have received payment in error or you are entitled to a refund under New Zealand law.
   11. In the event you sell the goods or property to which the goods purchased with your Little Things CA have been installed or attached to, you are still required to continue to make repayments to us and to pay any related fees and charges until the Total Amount Owing for Little Things is paid in full, even in the event you are no longer in possession of those goods.

7. Fees

   1. You must pay us:
      (a) a Late Payment Fee of $10.00 each time a repayment is not paid by the due date for payment, payable two days after that due date; and
      (b) a Collection Fee of $30.00 each time a collection agent collects money due by you.
   2. You authorise us to debit any of these amounts to your Little Things CA. We may do so on or after the date we pay them in the case of a collection fee or otherwise on the date they become payable by you.

8. Closing your Little Things CA

   1. Your Little Things CA remains open until you or we cancel it.
   2. You may cancel your Little Things CA by written notice to us. You may do this at any time as long as there is no Little Things Balance Owing outstanding.
   3. We may cancel your Little Things CA if no purchases are made using it for 24 months after the Little Things Purchase Amount for all outstanding purchases is repaid. See also Part 1, clause 9 which enables us to suspend your Little Things CA in some circumstances.
   4. While your Little Things CA remains open, it is only active while there is a Little Things Balance Owing. If at any time after you make the initial purchase the Little Things Balance Owing is $0, your Little Things CA becomes inactive until you choose to activate it again by making an additional purchase.

9. Suspending your Little Things CA

   1. We may suspend your Little Things CA if:
      (a) you are in Default;
      (b) we reasonably suspect that there may be a material adverse impact on you or us if we do not suspend your Little Things CA;
      (c) we reasonably suspect that you or someone else has acted fraudulently in connection with your Little Things Contract or your Little Things CA, or your Big Things Contract (if you have one) or your Big Things CA (if you have a Big Things Contract);
      (d) there is any dispute regarding a transaction under your Little Things CA and we reasonably consider we should suspend to prevent a material adverse impact to you or us; or
      (e) we otherwise reasonably consider it to be necessary to protect your or our interests.
   2. We do not need to give you prior notice of a suspension but will promptly inform you afterwards.

10. Default

    1. You are in Default if:
       (a) you do not pay on time all amounts due under your Little Things Contract within 2 Business Days of their due date;
       (b) if you have a Big Things Contract, if you do not pay on time all amounts due under the Big Things Contract within 2 Business Days of their due date;
       (c) you or another person on your behalf gives us or has given us materially incorrect or misleading information in connection with your Little Things Contract or your Big Things Contract (if you have one), 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 your Little Things Contract or your Big Things Contract (if you have one); or
       (d) you are declared bankrupt or steps are taken to make you bankrupt.
    2. If you are in Default, we may give you a notice stating that you are in Default and a reasonable period within which to correct the Default. If you don’t correct the Default within the period given in the notice, then, at the end of that period and without further notice to you, the Total Amount Owing for Little Things becomes immediately due for payment (to the extent it is not already due for payment). We may then sue you for that amount and we may cancel your Little Things CA. If we give you notice by sending a document to your last address notified to us this will be considered notice to you even if those notices are returned to us.

Part 2 – humm Big Things Terms and Conditions – May 2021

If you apply for and are approved for a Big Things Limit, these Terms and Conditions relate to the humm Big Things credit contract (Big Things Contract). The terms in Part 3 are included in and intended to be read together with the humm Big Things Terms and Conditions.

You must have a current “Little Things Contract” (as defined in the humm Little Things Terms and Conditions in Part 1) with us to apply for a Big Things Limit. Your Big Things Contract is separate from your Little Things Contract.

At the time of your purchase of your Big Thing, you will be provided with a Payment Schedule for the purchase which supplements your Big Things Contract.

You can only have one Big Things Contract and Big Things Purchase Amount at any time. Once your Big Things Balance Owing is repaid, you can request a new Big Things Purchase Amount from us, which if approved by us, will relate to a new Big Things Contract.

Your Big Things Contract is a consumer credit contract under the Credit Contracts and Consumer Finance Act 2003, and we and you will have the relevant rights and obligations under that Act (in relation to your Big Things Contract, but not your Little Things Contract).

1. Capitalised words in these Terms and Conditions have the meaning given to them in Part 3.

1. humm Big Things and you

   1. humm Big Things is a service that we provide for you to use to make a purchase from an Eligible Merchant by opening a Big Things CA to which these Terms and Conditions will apply.
   2. You may request a Big Things Purchase Amount from us to be provided for a purchase by submitting a Payment Schedule in relation to a proposed purchase to us via the humm Portal. If your request for a Big Things Purchase Amount complies with your Big Things Contract:
      (a) we will open a Big Things CA in your name if you do not have one;
      (b) we will pay the Net Purchase Price to the relevant Eligible Merchant on your behalf at the time of the transaction; and
      (c) you agree to pay us the repayments for that purchase on the due dates (see Part 2, clause 6).

2. How you can use your Big Things CA

   1. You can use your Big Things CA to purchase Goods, Installation or Services from Eligible Merchants.
   2. You will have a Big Things Limit. You can ask us to increase it, but only up to the Maximum Big Things Limit. We do not have to agree to an increase.
   3. Subject to these terms, you may drawdown under your Big Things CA to purchase a Big Thing up to the amount of your Big Things Limit from Eligible Merchants.
   4. You must pay any minimum deposit we require you to pay on the date you drawdown under your Big Things CA for the purchase. You will be notified of any minimum required deposit at the time of any proposed purchase.

3. When you can’t use your Big Things CA for a purchase

   1. You cannot drawdown under your Big Things CA if:
      (a) the Big Things CA has been closed or use of the Big Things CA has been suspended or cancelled;
      (b) you are in Default;
      (c) you do not provide any documents we reasonably require from time to time, including identification documents;
      (d) you have not provided a completed application;
      (e) we suspect that you or another person may have acted fraudulently in connection with your Big Things CA or your Little Things CA;
      (f) it will cause you to exceed the Big Things Limit; or
      (g) the Big Things Purchase Amount you have requested is lower than the Minimum Big Things Purchase Amount.

4. The amount you have available to spend

   1. When you purchase a Big Thing with your Big Things CA, your Big Things Balance Owing increases by the Big Things Purchase Amount and the Establishment Fee payable under Part 2, clause 7.2(a), and your Big Things Limit reduces to $0 on the Big Things Start Date for the purchase.
   2. When you make a repayment on your purchase it is applied first to any fees payable before being applied to the Big Things Purchase Amount under your Big Things Contract.
   3. When repayments are made on a Big Things Purchase Amount for a Big Thing, your Big Things Balance Owing decreases by the amount of the repayment.

5. Reducing or cancelling your Big Things Limit

   1. If you ask us to, we will reduce or cancel your Big Things Limit, subject to any minimum limits that apply at the time. You may cancel your Big Things Limit at any time.
   2. We may, acting reasonably, reduce all or any of your Big Things Limit to any amount we choose if:
      (a) you are in Default;
      (b) we reasonably form the opinion that there may be a material adverse effect for you or us if we do not (including if we have concerns, on reasonable grounds, that you may not be able to meet your obligations under your Big Things Contract if you drew down further);
      (c) we decide to no longer offer this service or we put an alternative offer to you; or
      (d) it is necessary due to a change in law or a code binding us or in interpretation of such a law or code.
      If you are in Default, we do not need to give you notice of this. Otherwise, we will give you one months’ prior notice.

6. Repayments

   1. Once we provide you with a Big Things Purchase Amount, you owe us that amount. You must pay to us, in relation to your Big Things Purchase Amount:
      (a) the repayments in the amount and at the frequency or on the dates specified in the Payment Schedule for your purchase from the Big Things Start Date; and
      (b) any fees payable.
      However, your final required repayment in relation to a Big Things Purchase Amount cannot exceed the unpaid amount of that Big Things Purchase Amount and any applicable fees.
      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.
   2. Your purchase under the Big Things CA will have a separate Big Things Purchase Amount and repayments that are payable. The repayment amount stated in the Payment Schedule in the case of a Big Thing, does not include any fees payable under your Big Things Contract.
   3. We will notify you of the start date for your Big Things Purchase Amount (Big Things Start Date). The Big Things Start Date for a Big Things Purchase Amount will typically be the date you request a Big Things Purchase Amount from us to be provided for a purchase, which we approve, and is the date on which your deposit relating to your purchase is payable as specified in the Payment Schedule.
   4. You must make the repayments and other payments using the 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 and you authorise us to charge the credit card in the required amount on the date that amount is payable.
   5. You can make repayments or pay fees ahead of time, if you like.
   6. You can make a full prepayment of the Total Amount Owing for Big Things (Big Things Full Prepayment) at any time. For the avoidance of doubt, you will not be liable for any fees under Part 2, clause 7 which are not payable at the time of the Big Things Full Prepayment.
   7. We ordinarily 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 Big Things CA at the time the repayment is processed:
      (a) fees payable under your Big Things Contract;
      (b) your Outstanding Big Things Purchase Amount;
      (c) any other part of the Big Things Balance Owing.
   8. If you are in Default, we may make reasonable changes to the amount, method of calculation, number, frequency or time for payment of repayments or period over which repayments are to be paid without your consent in order to remedy any arrears in payment. Any changes we make will be in accordance with the Lender Responsibility Principles.
   9. All repayments and fees, once paid, are not refundable unless we have received payment in error or you are entitled to a refund under New Zealand law.
   10. In the event you sell the goods or property to which the goods purchased with your Big Things CA have been installed or attached to, you are still required to continue to make repayments to us and to pay any related fees until the Total Amount Owing for Big Things is paid in full, even in the event you are no longer in possession of those goods.

7. Fees

   1. You must pay us:
      (a) a Late Payment Fee of $10.00 each time a repayment is not paid by the due date for payment, payable two days after that due date; and
      (b) a Collection Fee of $30.00 each time a collection agent collects money due by you.
   2. Subject to Part 2, clause 7.3, you must also pay us:
      (a) an Establishment Fee of $20.00 for the purchase of your Big Thing. The fee is paid on the Big Things Start Date;
      (b) a Monthly Account Administration Fee of $2.50. This fee is due and payable each month on the first Business Day of each month if the Big Things Balance Owing has been greater than $0 on any day since the first Business Day of the previous month.
   3. Notwithstanding any other clause in the Big Things Contract, the total amount payable under your Big Things Contract for your Establishment Fee and Monthly Account Administration Fees and any other amount payable under your Big Things Contract which is a charge for the provision of credit under your Big Things Contract, is subject to a cap equal to the maximum amount of fees that is permitted or required by law from time to time.
   4. You authorise us to debit any of these amounts to your Big Things CA. We may do so on or after the date we pay them in the case of a collection fee or otherwise on the date they become payable by you.

8. Closing your Big Things CA

   1. Your Big Things CA remains open until you or we cancel it.
   2. You may cancel your Big Things CA by written notice to us. You may do this at any time as long as there is no Big Things Balance Owing outstanding.
   3. We may cancel your Big Things CA if no Big Things Contract is entered into for 24 months after the most recent Big Things Purchase Amount is repaid. See also Part 2, clause 9 which enables us to suspend your Big Things CA in some circumstances.
   4. While your Big Things CA remains open, it is only active while there is a Big Things Balance Owing.

9. Suspending your Big Things CA

   1. We may suspend your CA if
      (a) you are in Default;
      (b) we reasonably suspect that there may be a material adverse impact on you or us if we do not suspend your Big Things CA;
      (c) we reasonably suspect that you or someone else has acted fraudulently in connection with your Big Things Contract or your Big Things CA or your Little Things Contract or your Little Things CA;
      (d) there is any dispute regarding a transaction under your Big Things CA and we reasonably consider we should suspend to prevent a material adverse impact to you or us; or
      (e) we otherwise reasonably consider it to be necessary to protect your or our interests.
   2. We do not need to give you prior notice of a suspension but will promptly inform you afterwards.

10. Default

    1. You are in Default if:
       (a) you do not pay on time all amounts due under your Big Things Contract within 2 Business Days of their due date;
       (b) you do not pay on time all amounts due under your Little Things Contract within 2 Business Days of their due date;
       (c) you or another person on your behalf gives us or has given us materially incorrect or misleading information in connection with your Big Things Contract or your Little Things Contract, 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 your Big Things Contract or your Little Things Contract; or
       (d) you are declared bankrupt or steps are taken to make you bankrupt.
    2. If you are in Default, we may give you a notice stating that you are in Default and a reasonable period within which to correct the Default. If you don’t correct the Default within the period given in the notice, then, at the end of that period and without further notice to you, the Total Amount Owing for Big Things becomes immediately due for payment (to the extent it is not already due for payment). We may then sue you for that amount and we may cancel your Big Things CA. If we give you notice by sending a document to your last address notified to us this will be considered notice to you even if those notices are returned to us.

Part 3 – Common Terms for humm Little Things Terms and Conditions and humm Big Things Terms and Conditions – May 2021

The terms in clauses 1 to 5 in this Part 3 are included in and intended to be read together with both the humm Little Things Terms and Conditions and humm Big Things Terms and Conditions.

1. What you do if you dispute a transaction or want to make a complaint

   1. If you wish to lodge a complaint, please let us know without delay by contacting us on 0800 189 236.
   2. We aim to resolve all issues in a timely manner, and we will acknowledge all complaints within 5 Business Days. We will keep you informed of progress throughout the process. If our customer services team is unable to resolve the complaint, it will be referred to one of our team managers and then to the internal disputes resolution team. This team is supervised by our Complaints Officer.
   3. If we cannot resolve your complaint to your satisfaction, you may contact Financial Complaints Services Limited (“FSCL”), an external, independent Financial Ombudsman services approved by the Minister for Consumer Affairs. There is no charge to you for this service.
   4. The contact details of FSCL are as follows:
      Telephone: 0800 347 257 or 04 472 FSCL (04 472 3725)
      Email: [email protected]
      Post: Financial Services Complaints Limited, PO Box 5967, Lambton Quay, Wellington 6145
      Website: www.fscl.org.nz

2. 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 your Little Things Contract or your Big Things Contract, please contact us on 0800 189 236 so we can work with you to try to help you. We also have obligations under the Credit Contracts and Consumer Finance Act 2003 in relation to a Big Things Contract as set out in the disclosure statement provided to you when you entered into your Big Things Contract.

3. General matters

   1. We may exercise a right or remedy under your Contract (in addition to other rights and remedies provided by law independently of it or by any other Contract) or give or refuse our consent in any way we consider appropriate and as permitted by law including by imposing reasonable conditions.
   2. If we do not exercise a right or remedy fully or at a given time, we can still exercise it later.
   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 caused by our negligence.
   4. We may assign or transfer our rights under your Contract. Any person to whom our rights are transferred will have the same rights that we do under your Contract. This will not affect our obligations to you under your Contract. You agree that we may disclose any information or documents we consider desirable to help us exercise this right including personal creditworthiness information to persons involved in providing funds by way of securitisation. Your rights are personal to you and may not be assigned without our written consent.
   5. Notices, certificates, consents, approvals and other communications provided by you in connection with your Contract must be in writing (writing includes communication via the humm Portal).
   6. Communications from us may be signed by any of our authorised employees, if required.
   7. Subject to Part 3, clause 4.1, communications for you or us may be given by any means permitted by law.
   8. If you are in Default, we may make any reasonable change to any provision of your Contract (other than the Little Things Amount of Credit and Big Things Limit (as the case may be) or fees set out in the relevant Payment Schedule) in addition to those specifically mentioned. We may also make any reasonable change to any provision of your Contract to comply with any law or regulation. We can also amend these Terms and Conditions at any time for any reason (subject to compliance with the Lender Responsibility Principles and as otherwise required by law). We will post full particulars of any change together with any other information prescribed by law on the humm website and in the humm Portal before the change takes effect and they will apply to each purchase made after the amendment (if any).However, we cannot make any change to Part 2, clause 7.3 (humm Big Things Terms and Conditions) for any reason. Any changes we make will be in accordance with the Lender Responsibility Principles even though, in relation to a change to your Little Things Contract, your Little Things Contract is not a regulated consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003 and therefore not subject to these principles.
   9. You must pay all amounts due under your Contract in full without setting off amounts subject to any dispute and without counter-claiming amounts from us.
   10. Your Contract is governed by the laws of New Zealand.
       Your email address and mobile phone number
   11. We may use, and you have consented to us using, your email address as part of our secure log in or authorisation process, or to advise you of changes to your CA which may alter our delivery of, or your ability to use your CA. You need to keep your email address current and you can use the humm Portal to update your email address or contact us on 0800 189 236.
   12. Because we use, and you have consented to us using, electronic communication we will use your mobile phone number to send you SMS codes and other 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 using the humm Portal or by contacting us on 0800 189 236. If you do not provide us with your current mobile phone number you will not be able to transact on your CA, and you may not be notified of important information relevant to the use of your CA.
   13. 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.
       What you acknowledge by entering into your Contract and submitting a Payment Schedule
   14. You acknowledge at the date of your Contract and each time you submit a Payment Schedule that:
       (a) you are 18 years or over;
       (b) you are a permanent resident of New Zealand;
       (c) you have a valid email address and mobile telephone number;
       (d) you are permanently employed working at least 25 hours per week or receiving an aged or veterans pension;
       (e) you have not been in default under any agreement with us (or any other member of the humm group);
       (f) you are not an undischarged bankrupt or have reason to believe you are or may become bankrupt; and
       (g) you have a valid credit card account in your name with a registered bank in New Zealand;
       (h) your credit card account can be debited;
       (i) there are sufficient cleared funds available in your credit card account for each repayment when due;
       (j) you will meet any fees or charges payable to your bank (except for fees or charges arising as a result of our error);
       (k) you check your bank statements regularly to ensure that the amounts we debited from your credit card account are correct;
       (l) you will advise us if your credit card account is transferred or closed; and
       (m) you have a current New Zealand driver licence or New Zealand passport.
       What happens upon the return or cancellation of Goods, Installation or Services?
   15. You agree that:
       (a) The agreement for the sale and purchase of the Goods, Installation or Services you buy using your CA is between you and the relevant Eligible Merchant. The Eligible Merchant is not our agent and we are not acting on their behalf.
       (b) If you wish to return Goods or Installation to, or request a refund from, an Eligible Merchant, you must contact the Eligible Merchant directly. Any dispute in relation to the Goods, Installation or Services, and any agreement to return or refund, is between you and the Eligible Merchant.
       (c) the cancellation of any Services or the return of any Goods or Installation to the Eligible Merchant or us will not be accepted in lieu of repayments to us;
       (d) subject to any applicable law, we are not responsible or liable:
       (i) if a supplier or other person refuses to offer or accept an application to use a humm CA, no matter what the reason; or
       (ii) for any defect or deficiency whatsoever in respect of any Goods, Installation or Services (for example, with respect to the quality of any Goods, Installation or Services or their fitness for any purpose).
       We may refund an amount to you, or adjust, suspend or cancel future repayments, if we are required to do so in accordance with our agreement with an Eligible Merchant or by law. If we are required to refund any amount to you, we will pay that amount to your account or (at our option) adjust, suspend or cancel your future repayments to offset the amount due to you.
       Your authority to operate the credit card
   16. You agree that you are the authorised signatory of the credit card account to be used for the repayments.
       Who we can take instructions from in relation to your Contract
   17. We can only take instructions in relation to your Contract from you. Should you wish to nominate a third party to act on your behalf, we must receive this request from you in writing (which includes via the humm Portal).

4. The humm Portal

   1. You agree to receive statements, notices and any documents (including any disclosure statements) that we are required to give you in relation to your CA and your Contract (or any future Contract) by electronic communication through the humm Portal. You need to know that we will not usually send you paper documents. You should regularly check for communications from us in the humm Portal as this will be our main method of communication with you (although we may on occasion also contact you by your email address or mobile phone number). Even though we operate online we still might write to you if we cannot use the humm Portal to communicate with you, or if we think you are not receiving our electronic communications. You can withdraw your consent to electronic communications using the humm Portal, but if you do that we may close your CA (when you have paid the Total Amount Owing for Little Things or the Total Amount Owing for Big Things, whichever is applicable).
   2. You are responsible for any charges by your telecommunications provider for connecting to the humm Portal on your mobile phone or tablet device, including call costs and data costs associated with browsing the internet.
      Access to your CA using the humm Portal
   3. Access to your CA using the humm Portal requires a password, PIN or SMS code (together or any of them individually referred to as Password) and sometimes more than one of these might need to be used. The humm Portal is intended to give you 24-hour access to your CA but this may not always be possible and we are not obliged to give you continuous access.
   4. We may adjust debits and credits to your CA to accurately reflect your legal obligations and ours and we will show you any adjustments in your humm Portal. If an adjustment is required we may make consequential adjustments.
      Password access to your CA using the humm Portal
   5. You have to keep your Password secret. This is important because anyone who obtains your Password will be able to access the humm Portal and obtain information about you, your CA and give us details and instructions. You must not provide your Password to anyone else to enable them to access your CA.
   6. If you have lost, forgotten, or misplaced your Password, or believe someone else knows it, for example by hacking your mobile phone, you must cancel and re-set your Password.
   7. You must protect your Password and ensure that it does not become known to any other person. You must use up to date antivirus, anti-malware and firewall software on your computers and mobile devices. You must not give your Password to anyone else. You must not record your Password without protecting the security of the Password, for example by disguising the password within another record, hiding the record somewhere safe or by keeping it locked away or in a password protected device. You must not choose a password that represents your date of birth or name.
   8. You are liable for any losses that occur before you notify us of a breach of Password security if you contributed to that loss by fraud or by breaching Part 3, clauses 4.5, 4.6 or 4.7. However, you are not liable for losses that exceed the total amount of credit available to you under your Contract at the relevant time. You are also not liable for losses caused by fraud or negligence of us, an Eligible Merchant, employees or agents of us or an Eligible Merchant, losses caused by transactions that occur before we have sent you the relevant Password, or losses caused by transactions that occur after you notify us of a breach of Password security.

5. Privacy (including consents and authorisations)

   1. The clauses below set out:
      (a) authorisations that you give us in relation to your personal information by applying for credit from us; and
      (b) important information about our collection, use, disclosure and management of your personal information.
   2. Our “Privacy Policy” document, available at www.shophumm.com/nz/privacy-policy provides more details about how we manage your personal information, including your credit information and credit eligibility information.
      Collection, use, and disclosure of your personal information
   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:
      (a) assessing and processing existing or future application(s) for consumer credit, managing your account or other products, responding to your questions, performing our obligations in relation to credit provided to you;
      (b) either us, the Eligible Merchant or any other service provider appointed by us contacting you about your Contract or subject to your consent, regarding repeat purchase promotions, campaigns or for any other special offer/s or promotions;
      (c) protecting us and our assets (including against fraud) and selling our assets (including by assigning any debts); and
      (d) complying with laws. New Zealand laws that may require us to collect your personal information include: Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (for example, for Identity Verification), 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 and the Taxation Administration Act 1994, the Income Tax Act 2007 and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation).
   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 Eligible Merchant, 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.
   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 contract.
   6. You agree that we can disclose your personal information (including, where permitted to do so under the Privacy Act 2020 (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, persons involved in providing funds by way of securitisation, Eligible Merchants, our service providers, other 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. 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 and Ireland (for an updated list of countries from time to time please see our Privacy Policy available on our website). These organisations may not be subject to New Zealand privacy laws. However, we will take such steps as are reasonable in the circumstances to confirm that those organisations are required to protect the information in a way that, overall, provides comparable safeguards to those under the Privacy Act. By applying for this product, you authorise such disclosure.
      Marketing products and services to you
   8. 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 Eligible Merchant partners, our related companies or suppliers. This includes, without limitation, communicating with you via emails, text messages or other electronic messages. 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:
      – for email, text and other electronic message marketing communications by clicking the ‘unsubscribe’ link at the bottom of any of our email, text message or other electronic message.
      – for marketing communications that you’ve received via a different channel (such as phone calls) by contacting us on 0800 189 236.
      Accessing and correcting your personal information
   9. 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.

6. Meaning of Words and Interpretation

   In the humm Little Things Terms and Conditions and the humm Big Things Terms and Conditions:

   Available to Spend on Little Things means the Little Things Limit less the Little Things Balance Owing. This is the amount you have “available to spend” on Little Things as specified in the humm Portal.

   Big Thing means any Goods, Installation or Services identified in a Payment Schedule that we indicate is a “Big Thing” in relation to a purchase.

   Big Things Balance Owing means, at any time, the difference between all amounts credited and all amounts debited to your Big Things CA 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.

   Big Things CA means an account we establish in your name for recording all transactions in connection with your Big Things Contract.

   Big Things Contract has the meaning given to it in Part 2.

   Big Things Limit means the amount specified as your “Big Things Limit” in the humm Portal.

   Big Things Purchase Amount means the purchase price provided by us under your Big Things CA in relation to a purchase.

   Big Things Start Date has the meaning given in Part 2, clause 6.3.

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

   Contract means your Little Things Contract or your Big Things Contract (whichever is applicable).

   Credit Account or ‘CA’ means your Little Things CA if you have a Little Things Contract, or your Big Things CA if you have a Big Things Contract (whichever is applicable).

   Default has the meaning given in Part 1, clause 10.1 in relation to a Little Things Contract and has the meaning given to it in Part 2, clause 10.1 in relation to a Big Things Contract.

   Eligible Merchant means any person that we have an arrangement with that accepts the Little Things CA for the purchase of Little Things (in the case of a proposed purchase of Little Things) or the Big Things CA for the purchase of Big Things (in the case of a proposed purchase of a Big Thing).

   Goods, Installation or Services, whether used together or separately, means the items and services purchased, which are or are proposed to be (as the context requires) wholly or partly funded under your Little Things Contract or your Big Things Contract (if you have one).
   humm Portal means the online interface provided to you by us at shophumm.co.nz or in the humm App available in the Apple App Store or the Google Play Store.

   Identity Verification means the third-party identity verification that you consent to us undertaking to confirm your identity using a document verification service.

   Lender Responsibility Principles means the lender responsibility principles, as defined in the Credit Contracts and Consumer Finance Act 2003.

   Little Things means any Goods, Installation or Services identified in a Payment Schedule that we indicate is a “Little Thing” in relation to a purchase.

   Little Things Amount of Credit is the amount of credit requested by you in relation to a purchase of Little Things, as specified in the Payment Schedule.

   Little Things Balance Owing means, at any time, the difference between all amounts credited and all amounts debited to your Little Things CA 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.

   Little Things CA means an account we establish in your name for recording all transactions in connection with your Little Things Contract.

   Little Things Contract has the meaning given to it in Part 1.

   Little Things Limit means the amount specified as your “Little Things Limit” in the humm Portal.

   Little Things Purchase Amount means the Little Things Amount of Credit provided by us under your Little Things CA in relation to a purchase.

   Little Things Start Date has the meaning given in Part 1, clause 6.3.

   Maximum Big Things Limit means an amount approved by us up to $10,000 or such other amount that we determine from time to time.

   Minimum Big Things Purchase Amount means in relation to a purchase using your Big Things CA, $80.

   Minimum Little Things Purchase Amount means in relation to a purchase using your Little Things CA, $1.

   Net Purchase Price means, in relation to a purchase, the total purchase price of the Goods, Installation or Services purchased or to be purchased by you from an Eligible Merchant less any fees payable to us by the Eligible Merchant.

   Outstanding Big Things Purchase Amount means any part of the Big Things Purchase Amount which has not been repaid in full.

   Outstanding Little Things Purchase Amount means any Little Things Purchase Amount which has not been repaid in full.

   Password means password, PIN and SMS code together and any of them individually.

   Payment Schedule means, in relation to a purchase using your Little Things CA of Little Things or Big Things CA of a Big Thing, the payment plan setting out the amount of credit, fees and the repayment plan on the humm Portal, including information about the Little Things Purchase Amount or Big Things Purchase Amount (whichever is relevant) and repayment term and frequency in relation to that purchase, which you submit to us.

   Privacy Policy means our privacy policy available at www.shophumm.com/nz/privacy-policy.

   Total Amount Owing for Big Things means the Big Things Balance Owing on your Big Things CA, plus all other amounts which you must pay under your Big Things Contract but which have not been debited to your Big Things CA.

   Total Amount Owing for Little Things means the Little Things Balance Owing on your Little Things CA, plus all other amounts which you must pay under this Little Things Contract but which have not been debited to your Little Things CA.

   ‘we’ means humm (NZ) Limited and its successors and assigns and ’our’ and ‘us’ have a corresponding meaning.

   ‘you’ means the person or persons named in the first Payment Schedule you submit to us and ‘your’ has a corresponding meaning. It includes your successors and assigns.

   In these Terms and Conditions:
   (a) a reference to a document includes any variation or replacement of it;
   (b) 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);
   (c) a reference to any thing includes the whole and each part of it;
   (d) the word ‘include’ in any form is not a word of limitation; and
   (e) 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.