Terms and Conditions
1. Introduction
These Terms and Conditions (Terms) govern your access to and use of the WhipSmart website and services, including the novated lease quotation and application process. They apply to all users of the WhipSmart website, including prospective lessees (individuals seeking a novated lease) and employers who interact with WhipSmart on behalf of their employees.
By using our website or submitting a quotation request or application, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
WhipSmart Pty Ltd ACN 662 603 732 (WhipSmart, we, us, our) operates as a novated leasing and salary packaging service provider. WhipSmart works with approved third-party finance providers to facilitate novated lease arrangements for eligible employees.
2. Quotations
Any quotation generated through the WhipSmart website or provided by a WhipSmart representative is prepared based on the information you supply to us and the applicable tax rates and legislation in effect at the time the quotation is generated.
2.1 Estimates Only
All costs, savings figures, and budget amounts included in a quotation are estimates only. Actual lease costs and running expenses may vary based on:
- your actual vehicle usage and kilometres travelled
- changes to finance interest rates over the lease term
- fluctuations in the cost of goods and services (such as fuel, tyres, servicing, and registration)
- changes to applicable tax laws, rates, or ATO guidance
- your personal tax circumstances
2.2 Not Financial or Tax Advice
The information provided in any quotation or on our website is general in nature only. It does not take into account your personal financial situation, objectives, or needs. WhipSmart does not provide financial advice, tax advice, or legal advice. We strongly recommend that you obtain independent financial and/or taxation advice from a qualified professional before entering into any novated lease agreement.
2.3 No Liability for Quotation Discrepancies
WhipSmart will not be held liable for any difference between the amounts shown in a quotation and your actual lease costs or financial outcomes. Quotations do not constitute a binding offer and are subject to credit approval and finance provider acceptance.
3. Applications and Agreement Formation
When you submit an online application through the WhipSmart website, you authorise WhipSmart to submit your application to an approved finance provider for assessment. No binding lease agreement is formed at the point of application.
A binding novated lease agreement is only formed when:
- your application has been formally approved by the finance provider
- novated lease documents have been issued to you
- all required parties (you, your employer, and the finance provider) have executed the relevant documents
WhipSmart reserves the right to decline to proceed with any application at its discretion, including where it is unable to source the requested vehicle at the quoted price or specification.
4. Vehicle Ordering
Where WhipSmart agrees to order a vehicle on your behalf, the following terms apply:
4.1 Your Obligations
By authorising a vehicle order, you confirm that:
- all vehicle details and personal information you have provided are accurate and complete
- you consent to WhipSmart placing the order for the specified vehicle on your behalf
- you intend to enter into a novated lease agreement for the vehicle once it becomes available
4.2 Cancellation Fee
If a vehicle has been ordered on your behalf and you subsequently fail or refuse to enter into a novated lease agreement — for any reason — a cancellation fee of 20% of the vehicle’s purchase price will apply. This fee reflects WhipSmart’s costs and losses incurred as a result of the cancellation.
4.3 Vehicle Delivery
WhipSmart is not responsible for vehicle delivery, delivery timelines, or any delays caused by the manufacturer, dealer, or logistics provider. Delivery is entirely outside WhipSmart’s control and any issues should be directed to the relevant supplier.
5. Fleet Management and Salary Packaging
Upon entering into a novated lease through WhipSmart, you authorise WhipSmart to:
- set up and manage accounts with relevant third-party suppliers on your behalf (including fuel cards, insurance providers, and registration bodies)
- receive salary packaging contributions from your employer on your behalf
- hold and manage funds in your lease account throughout the term of the lease
- provide periodic account statements and reports
- take reasonable action in the event of a deficit in your account balance or suspected fraudulent activity
- close your account and issue invoices for any outstanding amounts if required
WhipSmart may engage third-party service providers to assist with salary packaging and fleet management. Fees associated with these third-party services may apply and will be disclosed in your quotation.
6. Employer Obligations
Where an employer participates in a WhipSmart novated lease arrangement on behalf of an employee, the employer agrees to:
- deduct the pre-tax and post-tax salary packaging amounts specified in the lease documentation from the employee’s pay
- remit those amounts to WhipSmart in accordance with the payment schedule
- notify WhipSmart promptly — and in any event no later than the employee’s last day of employment — if the employee ceases to be employed by the employer for any reason
Failure to notify WhipSmart of an employee’s departure may result in continued deductions or financial obligations for which the employer may be liable. If the employee leaves your organisation, the lease obligations will revert to the employee personally in accordance with the terms of the novated lease agreement.
7. Commissions and Third-Party Arrangements
WhipSmart may receive commissions, referral fees, rebates, or other remuneration from finance providers, insurers, and other third-party suppliers in connection with the services we arrange for you. By using WhipSmart’s services, you acknowledge and consent to WhipSmart receiving such payments.
These arrangements do not affect the quality of service we provide to you, and any commissions received are separate from the fees charged directly to you.
8. Insurance
As part of your novated lease arrangement, you are required to maintain comprehensive motor vehicle insurance over the leased vehicle at all times during the lease term. Insurance premiums are reviewed annually by underwriters and may change. WhipSmart will notify you of any changes to your insurance arrangements where possible, but is not responsible for variations in premiums imposed by the insurer.
Running cost estimates in your quotation include an insurance allowance, but this is an estimate only. Actual insurance costs may be higher or lower depending on your profile and the insurer’s assessment.
9. Running Cost Estimates
Any running cost allocations provided in a quotation (including fuel or charging, servicing, tyres, registration, and insurance) are estimates based on average usage and market rates at the time of the quotation. Actual running costs may be higher than estimated, and WhipSmart accepts no liability for any shortfall in your running cost budget.
It is your responsibility to monitor your lease account balance and notify WhipSmart if you believe your budget allocations may be insufficient.
10. Limitation of Liability
To the maximum extent permitted by applicable Australian law (including the Australian Consumer Law), WhipSmart’s liability to you in connection with these Terms, our website, or any services we provide is limited as follows:
- WhipSmart is not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including loss of profits, loss of savings, or loss of opportunity
- WhipSmart is not liable for any loss or damage arising from your reliance on information published on our website or in any quotation
- WhipSmart is not liable for the acts or omissions of third-party finance providers, insurers, dealers, or other suppliers
- WhipSmart’s total liability to you for any claim arising under or in connection with these Terms will not exceed the total fees paid by you to WhipSmart in the 12 months preceding the claim
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded by agreement.
11. Intellectual Property
All content on the WhipSmart website, including text, graphics, logos, images, calculators, tools, and other materials (Content), is owned by or licensed to WhipSmart and is protected by Australian and international intellectual property laws.
You must not, without WhipSmart’s prior written consent:
- copy, reproduce, republish, upload, post, transmit, or distribute any Content
- modify, adapt, or create derivative works from any Content
- use WhipSmart’s name, logo, or trademarks in any way that could cause confusion or suggest endorsement
- frame or mirror any part of the WhipSmart website on another website or platform
WhipSmart does not endorse and is not responsible for the content of any external websites linked to from the WhipSmart website.
12. Website Use and Cookies
The WhipSmart website is operated for the benefit of Australian residents only. Information and services available through the website are not directed at persons outside Australia.
12.1 Cookies
Our website uses session cookies and similar technologies to improve your browsing experience and to understand how you use our site. You can disable cookies through your browser settings, but doing so may affect the functionality of certain features.
12.2 Security
While WhipSmart takes reasonable steps to protect the security of information transmitted via our website, we cannot guarantee the security of data transmitted over the internet. You transmit information to us at your own risk.
13. Privacy
WhipSmart is committed to protecting your personal information. The way we collect, use, store, and disclose your personal information is set out in our Privacy Policy, available at whipsmart.com.au/privacy.
By using our website or services, you consent to the collection and use of your personal information as described in our Privacy Policy.
14. Changes to These Terms
WhipSmart reserves the right to update or amend these Terms at any time. Where changes are material, we will provide reasonable notice by publishing an updated version on our website and updating the effective date at the top of this document.
Your continued use of the WhipSmart website or services after any changes are published constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
15. Complaints
WhipSmart takes customer satisfaction seriously. If you have a complaint about our services or this website, please contact us at:
WhipSmart Pty Ltd
Email: hello@whipsmart.com.au
Website: whipsmart.com.au
We aim to acknowledge complaints within 2 business days and resolve them within 10 business days wherever possible.
16. Governing Law
These Terms are governed by the laws of Queensland, Australia. You and WhipSmart each submit to the non-exclusive jurisdiction of the courts of Queensland and any courts of appeal from them.
17. General
17.1 Severability
If any provision of these Terms is found to be unenforceable, illegal, or void, that provision is severed and the remainder of these Terms continue in full force and effect.
17.2 Entire Agreement
These Terms, together with any quotation, application form, or lease documentation issued by WhipSmart, constitute the entire agreement between you and WhipSmart in relation to your use of the WhipSmart website and services.
17.3 No Waiver
WhipSmart’s failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of WhipSmart’s right to enforce it at a later time.