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60 / 90 / 120 Days TMD

Target Market Determination

NEXT PERIODIC REVIEW DATE: 15 MARCH 2025

Elevare Pay Easy Pty Ltd A.C.N. 634 728 591 (Elepay) (we, us or our) issues Pay Later products to Australian Property Owners and we are committed to maintaining a consumer-centric approach throughout our product design phase, distribution and sales channels, and monitoring and review process. This Target Market Determination (TMD) is effective from 15 June 2023.  

1.  Purpose of this TMD

This TMD has been prepared by Elepay for its ‘60 Days Product’, ‘90 Days Product’ and ‘120 Days Product’ (collectively Products or 60- 90- and 120- Days Products) in compliance with our Design and Distribution Obligations under Part 7.8A of the Corporations Act 2001 (DDO).


This TMD sets out the class of consumer for which the Products have been designed having regard to the objectives, financial situation and needs of consumers in the Products’ target market. It includes the following:

  • product features and class of consumers that fall within the target market;

  • distribution conditions, restrictions and sales practices that are likely to direct distribution of the Products to the target market;

  • information relating to reviews and monitoring of the Products and this TMD, including specifying timing for periodic reviews and review triggers (i.e., the events or circumstances which would trigger a review);

  • how we deal with significant dealings.

 

This TMD does not offer a comprehensive outline of the Products’ terms and conditions, nor is it a substitute for obtaining independent legal or financial advice. Consumers should read the full terms and conditions before applying for any of the Products.

2.  Background to the 60- 90- and 120- Days Products

The 60- 90- and 120- Days Products are part of a suite of Pay Later Products Elepay offers to Australian Property Owners who anticipate that a monetization event will occur in the foreseeable future (primarily, the sale of real property but may also include the refinance with a third-party lender).*


An “Australian Property Owner” includes:

  • any person or entity who is a registered proprietor to real property held in Australia (Owner);

  • any person or entity who is an appointed representative of an Owner (e.g. appointed attorney or executor of a deceased estate); or

  • any person or entity who has the express consent of the Owner to acquire the Products relating to the Owner’s property (for example, Elepay may require the registered proprietor to sign a Deed of Consent).

 

The primary objective of the 60- 90- and 120- Days Products is to allow these property owners the opportunity to better manage their cash flow by allowing them to defer any upfront property-related expense until the occurrence of the monetization event.*

 

The 60- 90- and 120- Days Products may be used by consumers to fund property-related expenses such as:

  • home renovation and improvement;

  • marketing and advertising;

  • property styling (to sell) and interior design;

  • deposit for a new purchased property;

  • repair and maintenance;

  • transportation, storage and removalist costs; and

  • other property-related works or expense, (Property-related Costs).

 

Elepay has partnered up with a number of styling companies, pre-listing companies, renovation companies and real estate agents, who allow consumers to defer payment of any upfront Property-related Cost (payable by the consumer to the Partner) via Elepay’s 60- 90- and 120- Days Products.

3.  Class of consumers that comprises the Target Market

The 60- 90- and 120- Days Products are designed exclusively for consumers who meet our Eligibility Criteria and who wish to defer payment of their upfront Property-related Costs on the basis that there is a foreseeable monetization event (Target Market).

 

The Target Market is subject to clause 6 of this TMD (Exceptional Consumers).

3.1.  CLASS OF CONSUMERS WITHIN THE TARGET MARKET

The 60- 90- and 120- Days Products are for the class of consumers who:

  • falls within the definition of Australian Property Owner (see above) and require short-term lending solutions to pay Property-related Costs;

  • are seeking finance with flexible payment options, capped fees and interest for the term of the loan and the ability to make early repayments without additional charges;

  • meets Elepay’s Eligibility Criteria (set out below);

  • are not currently experiencing financial hardship;

  • are able to repay the loan amount by way of a single lump sum payment (at the end of the term) or 4 instalments over the last 45 days of the loan term without causing financial hardship;

  • are agreeable to repaying the loan (in full) upon the occurrence of the monetization event (even if this is prior to the scheduled repayment date(s)).

3.2.  EXCLUDED CLASS OF CONSUMERS

The 60- 90- and 120- Days Products are not suitable for consumers who:

  • do not fall within the definition of Australian Property Owner;

  • do not otherwise meet Elepay’s Eligibility Criteria;

  • are going through bankruptcy or are experiencing, or are likely to, suffer from financial hardship;

  • are considered vulnerable persons (e.g. suffering from any form of cognitive impairment);

  • require an ongoing line of credit;

  • require a redraw facility;

  • are not comfortable with providing security over their real property.

3.3.  ELIGIBILITY CRITERIA 

To be eligible for the 60- 90- and 120- Days Products, a consumer must satisfy the following requirements:

  • be an individual aged 18 years or above;

  • fall within the definition of Australian Property Owner (see above);

  • have an anticipated monetization event (for example, proposes to sell their property within the foreseeable future). Elepay may offer the product based on other monetization events (e.g. refinance from a third party lender) subject to an individual assessment of the consumer’s circumstances.*

  • if the monetization event is the sale of the consumer’s property, then meets Elepay’s Property Sale Equity Analysis, which ensures that the consumer has sufficient net equity to repay the loan upon the sale of the consumer’s property without causing financial hardship. The consumer will not be subject to an income serviceability assessment.* Elepay will request details regarding the sale of the property (to ensure that there is sufficient net equity and the consumer proposes, or are actively taking steps, to sell their property). This includes, but is not limited to:

  • details of the proposed sale – e.g. listing date and expected sale price;

  • details of the appointed real estate agent and conveyancer or solicitor;

  • details of any registered co-owner(s);

  • a copy of a recent mortgage statement and supporting documentation regarding any other registered encumbrance);

  • a copy of the real estate agent sales appointment form;

  • a copy of the contract of sale (if available);

  • a copy of any valuation of the property (if available).


Elepay’s Property Sale Equity Analysis involves an analysis of the total net equity and forecasted sale value of the consumer’s property based on the stage in which the sale of the property is at – that is, pre-listing, listed, sold (conditional) or sold (unconditional).


In order for a loan application to be approved, the application must satisfy each of the following criteria:

  • Total Net Equity Threshold – which sets the minimum thresholds an application must satisfy based on a comparative ratio between the loan amount and total net equity (forecasted sale price less all related liabilities and costs of selling the property); and

  • Forecasted Sale Value Threshold – which sets the minimum thresholds an application must satisfy based on a comparative ratio between the loan amount and forecasted sale price (e.g. minimum low value obtained from a property valuation company or actual sale price).


The minimum threshold amounts for each criteria vary depending on the stage in which the sale of the property is at. Elepay utilises its internal Funding Assessment Calculator to determine:

  • whether both the Total Net Equity Threshold and Forecasted Sale Value Threshold are satisfied; and

  • the maximum amount of funding a consumer may receive,

  • based on a number of variables such as, the stage of the monetization event, total net equity and forecasted sale price;

  • meet Elepay’s standard lending criteria including:

    • conducting a credit check on the consumer;

    • conducting an identity verification check on the consumer;

    • conducting an ownership check (including title search of the property);

    • conducting an online property valuation report (for the property);

  • require funding of a minimum amount of $100.00;

  • the maximum amount of funding a consumer may be eligible for is $500,000 (this is subject to stringent assessment of Elepay’s Property Sale Equity Analysis and other lending criteria (see further below)).

3.4.  OTHER KEY PRODUCT ATTRIBUTES

Some key attributes of the 60- 90- and 120- Days Products include:

  • Structure

    • the 60-Day Product is structured so that the consumer enters into a loan with Elepay for a term of 60 days;

    • the 90-Days Product is structured so that:

      • the consumer enters into a first loan for a term of 28 days; and

      • the consumer has the option to enter into a second loan for 62 days (in which case, no fee or charges are payable under the first loan);

    • the 120-Days Product is structured so that:

      • the consumer enters into a first loan for a term of 58 days; and

      • the consumer has the option to enter into a second loan for 62 days (in which case, no fee or charges are payable under the first loan)

  • Purpose of loan - the loan must be used to fund Property-related Costs which are incurred by the consumer from an approved 60/90/120 Partner or a supplier (or other entity) of the Consumer’s choice (whether partial or in full);

  • Number of Instalments – the consumer has the option to choose between a single instalment (at the end of the loan term) or 4 instalments equally spread out across the last 45 days of the loan term;

  • Repayment– the consumer is required to repay the loan (in full) upon the earlier of (a) the settlement date (if the property is sold) and (b) the final repayment date (being for the 60-Days Product, 60 days from the Elepay Start Date, for the 90- Days Product, 90 days from the Elepay Start Date and for the 120-Days Product, 120 days from the Elepay Start Date). Early repayment is possible without penalty (see below);

  • Partner’s goods or services – if the loan relates to Property-related Costs incurred from an Elepay Partner, then the Partner has an obligation under its Partner Agreement with Elepay to supply goods and services to the consumer with reasonable care and skill and in accordance with the supply terms between the Partner and the consumer. If the Consumer is incurring Property-related Costs from a supplier of the Consumer’s choice, then the Consumer's Supplier will be solely responsible for the products or services provided to the consumer.

  • Fee Structure – the Fee structure for the 60- 90- and 120- Days Products is as follows:

Total Fee & Interest (per Loan Term)

5.35%

4.35%

Loan Term

60

60

Discount for early repayment

If paid on or before Day 20

-

*Discounted Fixed Fee

3.45%

-

Fixed Fee

5.00%
(*subject to Discounted Fixed Fee above)

4.35%

Total Interest

0.35%

(or 2.13% per annum)

0.00%

60-DAYS PRODUCT
Single Instalment
Four Instalments

Loan 1

Total Fee & Interest (per Loan Term)

4.35%

4.35%

Loan Term

28

28

Fixed Fee

4.35%

4.35%

Total Interest

0.00%

0.00%

90-DAYS PRODUCT
Single Instalment
Four Instalments

Loan 1

Loan 2 (If the consumer exercises option to enter Loan 2)

Total Fee & Interest (per Loan Term)

6.35%

5.35%

Loan Term

62

62

Fixed Fee

5.00%

5.00%

Total Interest

1.35%

(or 7.95% per annum)

0.35%

(or 3.23% per annum)

Total Fee & Interest (per Loan Term)

5.00%

5.00%

Loan Term

58

58

Fixed Fee

5.00%

5.00%

Total Interest

0.00%

0.00%

120-DAYS PRODUCT
Single Instalment
Four Instalments

Loan 1

Loan 2 (If the consumer exercises option to enter Loan 2)

Total Fee & Interest (per Loan Term)

7.95%

6.95%

Loan Term

62

62

Fixed Fee

5.00%

5.00%

Total Interest

2.95%

(or 17.37% per annum)

1.95%

(or 18.02% per annum)

Note: The total interest payable is calculated on a daily basis and varies depending on the actual term of the consumer loan. For the 90- and 120- Day Products, if the consumer exercises the option to enter into Loan 2, then no fee or interest is payable by the consumer under Loan 1.

  • Default/Late fee – the consumer will be liable to pay a late interest of 0.0695% per day compounding daily (of the outstanding amount) and a late fee of 0.25% every 30 days (of the outstanding amount) if the consumer has not repaid an amount owing by the due date. This is subject to any claim the consumer may have for financial assistance;

  • Other fees – other fees may apply such as a missed payment fee ranging from $15.00 to $25.00 (depending on the nominated method of payment) and title registration fee ranging from $350 to $1,100 (depending on whether a registered security is provided with respect to the consumer’s property);

  • Minimum Credit Limit – the minimum amount of funding provided is $100.00;

  • Maximum Credit Limit – the maximum amount of funding a consumer may be eligible for is $500,000. Loan applications of a higher amount are subject to a more stringent credit assessment and approval process. This includes:
    • the application must satisfy a higher minimum Total Net Equity Threshold and Forecasted Sale Value Threshold;

    • the application must satisfy a higher minimum Illion Credit Report threshold;

    • in certain circumstances, funding may only be granted upon satisfactory evidence that a monetization event will unconditionally occur within the foreseeable future (e.g. property is unconditionally sold or finance with a third-party lender has been pre-approved). Additional supporting documentation regarding the monetization event will be required;

    • loan documentation must be completed via paper-form and all original transaction documentations returned to Elepay;

    • Elepay may require the consumer to produce a Certificate of Independent Legal Advice;

    • a more stringent review of all existing liabilities and debt relating to the consumer and the consumer’s property will be conducted. Further supporting documentation may be required (such as written confirmation from any existing third-party lender).

  • Early repayments – Consumers have the ability to make an early repayment of the loan without any additional charge or exit fee;

  • Security – the consumer will be required to provide a charge over the consumer’s real property (which may or may not be registered against title to the property).

4.  Consistency between the Target Market and the Product Key Attributes

Set out below is our assessment of the likely objectives, financial situation and needs of the Target Market, and the key product attributes of the 60- 90- and 120- Days Products.

CONSUMER OBJECTIVES, FINANCIAL SITUATION AND NEEDS
60-, 90- AND 120-DAYS PRODUCT ATTRIBUTES

Require medium-term and flexible lending solutions to pay Property-related Costs

  • Consumers have the option to choose the appropriate plan (i.e. the 60-days, 90-days or 120-days) depending on the duration of time the Consumer requires for the monetization event to occur.

  • Consumers may elect between single instalment (at the end of the loan term) or 4 equal instalments over the last 45 days of the consumer loan (which is more suitable for consumers who wish to make regular interval payments or anticipate receipt of future cashflow).

Redraw Facility

  • Redraw facility is not available.

Flexible payment options to accommodate for any unforeseeable change in circumstances

  • If the consumer is unable to meet a repayment due to a circumstance or event giving rise to financial hardship, then Elepay offers flexible and compassionate payment arrangements to the consumer. These may include an extension of time, suspension or reduced repayment terms and/or concessions or waivers of certain fees and charges.

  • The assessment will be conducted by Elepay's Finance Team and subject to the terms of Elepay's Financial Hardship Policy.

Capped Plan Fee and Interest

  • Plan Fee - capped Plan Fee of 5.00% of the loan amount;

  • Interest - interest capped at 2.95% of the loan amount (for the entire loan term) and is subject to a lower rate depending on the actual date of payment and plan chosen (see section on Fee Structure).

Ability to make early repayments

  • Consumers have the ability to make an early repayment of the loan without any additional charge or exit fee.

Credit Limit

  • Maximum credit limit of up to $500,000 subject to a more stringent credit assessment and approval process (see above)

Full transparency over any registered security

  • Elepay will discuss and obtain the owner's consent prior to registering any security over the consumer's property and approving the consumer's loan application.

  • Elepay will disclose any related costs (e.g. estimated registration costs) before attending to the registration of the security

Flexibility over payment of Property-related Costs

  • The consumer may incur Property-related Costs associated with an approved 60/90/120 Partner or a supplier of the consumer's choice.

  • Upon application, the consumer has the election to arrange for the funds to be disbursed either:

    • directly to an approved 60/90/120 Partner (for payment of the Property-related Costs payable to the Partner); or

    • to the consumer directly (for payment of the Property related Costs payable to the consumer's nominated supplier). Elepay will request information regarding the purpose of the loan and may request supporting documentation evidencing the payment of Property- related Costs to the nominated supplier (e.g. receipt, quote or tax invoice).

5.  Distribution Channels and Conditions

5.1.  APPROPRIATENESS STATEMENT 

Elepay considers it is reasonable to conclude that if the 60- 90- and 120- Days Products are issued to a consumer in accordance with the distribution conditions in this TMD it would be likely that the consumer is in the Target Market and it would likely be consistent with their likely objectives, financial situation and needs. This determination is based on the assessment above regarding the consistency between the Target Market and the Products’ Key Attributes, which incorporates past outcomes and feedback of the Products’ consumers and Partners.

5.2.  DISTRIBUTION CHANNELS AND CONDITIONS  

Distribution Channel: A consumer may apply for the 60- 90- and 120- Days Products via the following channels:

  • if the Property-related Costs relate to any of our approved 60-,90- and 120- Days Partners (Distributors):

    • Elepay will be sent a Partner lead form (outlining details of the proposed loan); and

    • the Consumer will be required to submit an online loan application via Elepay’s website; or

  • if the Consumer is seeking a loan (not relating to our Distributors), then the Consumer will be required to submit an online loan application via Elepay’s website.


Please see clause 6 below for the distribution channel applicable to ‘Exceptional Consumers’.


We have oversight over how the 60- 90- and 120- Days Products are promoted and issued.


We regularly monitor our Partners’ websites to ensure they contain:

  • no misleading information;

  • all relevant disclosures and warnings required by law;

  • an easy to follow process during which the consumer is given informed choices at every stage.


Our own website contains:

  • no misleading information;

  • all relevant disclosures and warnings required by law;

  • an easy to follow process during which the consumer is given informed choices at every stage.


The distribution conditions relating to the marketing and promotion of the 60- 90- and 120- Days Products are specified in the table below.

Condition

General

  • We do not make any unsolicited offers of credit.

  • The consumer must meet the Eligibility Criteria.

  • We are not required to undertake a full responsible lending credit assessment under the National Consumer Credit Protection Act 2009. However, our credit assessment process does include:

    • a credit check, conducted in the preliminary assessment, which demonstrates capacity to meet recent credit obligations;

    • an ownership check, conducted in the preliminary assessment, which verifies the ownership details and any registered encumbrances relating to the consumer's property;

    • an identity verification check, conducted in the preliminary assessment, which conducts a KYC of the consumer;

    • a Property Sale Equity Analysis, conducted in the preliminary assessment, (as described above);

    • where relevant, a property sale status update, during the term of the loan, to ensure that consumer still proposes to sell the property.

Approved distributor

  • If the consumer application is submitted via an approved Partner, the distributor (partner) must:

  • be providing products or services related to real property - e.g. property staging, renovation, real estate agent marketing or interior design;

  • enter into a Partner Agreement and agree to our relevant distribution terms; and

  • satisfy our verification and compliance assessment criteria.

Property-related Costs (relating to non-approved partners)

If the consumer is applying for a loan for payment of Property-related Costs incurred by a supplier of the consumer's choice, the consumer will be required to:

  • specify the purpose of the loan (e.g. for property marketing, renovation, repairs or deposit for new home);

  • provide supporting documentation such as tax invoices, receipts or quotations from the consumer's service provider

Factual information

An approved Partner may provide general or factual information relating to our 60- 90- and 120- Days Products (provided that it is consistent with this TMD) (for example, the customer application process)

No Financial Product Advice

An approved Partner must not provide specific advice (e.g. financial advice) relating to the terms of the loan and must redirect any queries to Elepay.

Redirection to Elepay's customer application page

The consumer is required to submit an individual online application and satisfy Elepay's Eligibility Criteria in order to receive our product. In certain circumstances, the consumer may be required to complete paper form loan documentation.

DISTRIBUTION CONDITIONS

6.  Exceptional Consumers

Elepay has an additional eligibility and assessment criteria for the 60-, 90- and 120- Days Products for certain consumers who:

  • are incurring property-related expenses from our partner called Megasealed; or

  • wish to defer payment of upfront Property-related Costs but do not have a foreseeable monetization event, (Exceptional Consumers).


These Exceptional Consumers are still consumers wishing to defer payment of their Property-related Costs and must still meet our Eligibility Criteria. However, the differences between these consumers and our standard 60-, 90- and 120-Days consumers are as follows:

  • There is no foreseeable monetization event – as such, Elepay will not request information regarding the sale of the consumer’s property; and

  • Exceptional Consumers will be subject to an additional assessment criterion, being Elepay’s Income Serviceability Assessment.

 

Elepay’s Income Serviceability Assessment is conducted in addition to the Property Sale Equity Analysis and is a credit assessment based on the consumer’s household net income. Elepay must be satisfied that the consumer has the ability to make the required repayments without experiencing financial hardship.

 

Exceptional Consumers will be required to:

  • complete an income serviceability form outlining their net household income and expenses;

  • provide supporting documentation for any claimed source of income (e.g. 2 recent pay slips); and

  • disclose any existing (or anticipated) circumstance or event which may affect their ability to make the required repayments.

 

Elepay’s Finance Specialist Team assesses any applications that are subject to an Income Serviceability Assessment, which includes ensuring these applications meet Elepay’s internal serviceability assessment calculator.

7.  Periodic Review and Review Triggers 

To ensure that the 60-, 90- and 120- Days Products continues to meet the objectives and needs of their Target Market, it is necessary that we regularly review this TMD. This includes consideration of: 

  • 60-, 90- and 120- Days Products and Target Market; 

  • Eligibility Criteria; and 

  • distribution channels and conditions.

 

In reviewing the above, we collect and analyse data relating to: 

  • our eligibility and application phase; 

  • Partner feedback and our online Partner portal; 

  • disputes between the Partner and consumer relating to the Partner’s services and products;

  • sales information; 

  • consumer information; 

  • payment information (including funds recovered and not recovered);

  • feedback and complaints (from consumer and Partners);   

  • default information and extended repayment terms; 

  • property sale status (including the amount of property withdrawn from sale);

  • market conditions (including the effect of interest rate changes and market sentiment).

 

These reviews will be conducted periodically and in response to review triggers and other events or circumstances that would reasonably suggest this TMD is no longer appropriate.

PERIODIC REVIEW PERIOD

We will conduct our next review on the Next Review Date and periodic reviews at least quarterly from the Next Review Date.

REVIEW TRIGGERS

In addition to periodic reviews, we will review this TMD in response to a review trigger or other event or circumstance that would reasonably suggest this TMD is no longer appropriate. The occurrence of a review trigger or other such event or circumstance will trigger an immediate review of this TMD and may result in Elepay changing the Target Market, the design or distribution of the 60- 90- and 120- Days Products or ceasing to offer one or more of the Products.


These review triggers are:

  • we receive a substantial number of complaints from consumers or Partners about any of the Products (i.e., if complaints about the Product from active 60-, 90- or 120- Days Product consumers or Partners increases by 10% or more in a quarter);

  • a substantial number of consumers are:

    • if the monetization event is the sale of the property, withdrawing their property from sale and no longer intends to sell the property (i.e., if over 15% of active 60-, 90- or 120- Days Product consumers fall within this category);

    • if the monetization event is the sale of the property, unable to sell their property within the loan term period and seek extension of the repayment date (i.e., if over 15% of active 60-, 90- or 120- Days Product consumers fall within this category);

    • experiencing negative repayment history, including missing a scheduled repayment (i.e., if over 15% of active 60-, 90-or 120- Days Consumers fall within this category);

    • seeking financial hardship relief (i.e., if over 10% of active 60-, 90- or 120- Days Product consumers fall into this category);

    • there are material changes to the key attributes of the 60- 90- and 120- Days Products which may result in one or more of the Product no longer being appropriate for the Target Market;

    • there is a material change in our distribution channels such that our distribution conditions requires variation;

    • there are a substantial number of complaints relating to the 60- 90- and 120- Days Products or services provided by the Partner (e.g. delay in works completed by the Partner) (i.e., if complaints about our Partners from active 60-, 90- or 120-Days Product consumers increases by 10% or more in a six month period);

    • change in regulatory, legislative or market conditions which may materially affect the product or any matter relating to this TMD;

    • the use of Product Intervention Powers, regulator orders or directions about or relating to the 60-, 90- or 120- Days Product’s key features, target market or distribution strategy;

    • a significant dealing has occurred (or is likely to occur). A significant dealing occurs when the distribution of the 60- 90-and 120- Days Products (including conduct by our distributors) significantly differs from any condition or expectation set out in this TMD;

    • any other matter that may result in this TMD not being appropriate.

8.  Reporting 

We will report to ASIC within ten (10) business days should we have reasons to believe that a significant dealing has occurred either by us or via our distributors. Our distributors are also obliged to inform us of any significant dealing events, and we have arrangements in place to monitor and review our distributors’ compliance with this obligation.

Complaints (as defined in section 994A(1) of the Corporations Act 2001) relating to the product. The distributor should provide all the content of the complaint, having regard to privacy.

As soon as practicable but no later than 10 business days following end of calendar quarter.

Significant dealing outside of target market, under section 994F(6) of the Corporations Act 2001.

As soon as practicable but no later than 10 business days after distributor becomes aware of the significant dealing.

Reporting Requirement
Reporting Period
DISTRIBUTOR REPORTING REQUIREMENTS

9.  Records

We will keep records of any complaints, action taken or review of any matters related to this TMD. 


This includes, but is not limited to: 

  • Product design and development matters; 

  • Data collected and analysed for TMD reviews;

  • TMD review meetings; 

  • Consumer feedback; and 

  • Review of distribution channels and conditions. 

10.  Contact 

Should you have any queries regarding this TMD, please contact us at legal@elepay.com.au or 1300 019 417.

* Please see clause 6 of this TMD (Exceptional Consumers) for circumstances when the 60-, 90- and 120- Days Products may also be suitable where there is no monetization event.

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