Hi Everyone,
Please see a quick "How To" video we put together to show just how easy it is to use the www.swiftloans.com.au Home Page loan calculator. https://www.youtube.com/watch?v=UqivCTvovHw
Hi Everyone,
Please see a quick "How To" video we put together to show just how easy it is to use the www.swiftloans.com.au Home Page loan calculator. https://www.youtube.com/watch?v=UqivCTvovHw
WARNING - Do you really need a loan today?*
It can be expensive to borrow small amounts of money and borrowing may not solve your money problems.
The Government's MoneySmart website shows you how small amount loans work and suggests other options that may help you.
* This statement is an Australian Government requirement under the National Consumer Credit Protection Act 2009.
It can be expensive to borrow small amounts of money and borrowing may not solve your money problems.
The Government's MoneySmart website shows you how small amount loans work and suggests other options that may help you.
* This statement is an Australian Government requirement under the National Consumer Credit Protection Act 2009.
Swift Loans Australia Pty Ltd has a comprehensive Privacy Policy that outlines the ways in which the company collects, manages, distributes and stores information provided by our customers. This policy also outlines the ways in which the company provides access to this information for collection, as well as the procedure for contacting Swift Loans should you have any questions. To access this policy, please click on the Privacy Policy tab at the bottom of our website or click here
By consenting to the terms and conditions outlined in Swift Loans Australia Pty Ltd’s Privacy Consents and Electronic Authorisation, you agree for the company to collect, use and disclose personal information about you.
The information that you provide may be used for the purpose of providing you with a loan, for marketing purposes, or in conjunction with our affiliates and/ or business partners. Should you wish to gain access to this information for any reason, please contact Swift Loans Australia Pty Ltd. Should you wish to not receive any marketing or promotional material, please also contact Swift Loans Australia and they will remove your details from marketing distribution.
By consenting to this policy, you agree that Swift Loans Australia Pty Ltd and their associates may undertake any of the following at any time:
Privacy Consents
a. Assess an application for credit by you by seeking and using Credit Information about you.
b. Request and use information about your current and previous employment history in order to assess your application for consumer credit.
c. Using the services of a credit-reporting agency, such as Veda Advantage, Dun & Bradstreet or Experian, Swift Loans Australia Pty Ltd may disclose information about you, the customer, for the purpose of receiving a credit report to verify your information and assist in the processing of your loan application. Swift Loans Australia Pty Ltd may also use the services of these companies in order to assess your credit history, past and current loan status, overdue accounts and details of the loan requested from Swift Loans Australia Pty Ltd.
d. It is a requirement by law, that Swift Loans Australia Pty Ltd discloses information about you to any organisation involved in the provision of credit to you, anybody in connection to a complaint concerning you or the services provided by Swift Loans Australia Pty Ltd, any of our associates, or any third party wishing to invest in Swift Loans Australia Pty Ltd.
e. Contact you directly to discuss your suitability in relation to the services provided by Swift Loans Australia Pty Ltd or any of our associates and/or business partners.
f. Any or all of the actions as outlined in the Privacy Policy of our website.
Electronic authorisation
As a customer of Swift Loans Australia Pty Ltd, you consent to the company contacting you via email, or via our VIP Member area website as ways in which to distribute documents and information relating to the status of your loan(s). You understand and agree that by giving this consent
a. You must regularly check all nominated addresses, VIP Member area and your phone for notices
b. Unless required by law, Swift Loans Australia Pty Ltd will not send hard copies of any documentation
c. You may withdraw your consent to receive electronic documents and notices at anytime, and only with the provision of an alternative means of communication.
d. Should Swift Loans Australia Pty Ltd provide information that can only be viewed in the customer’s VIP Member login page, the company will contact you via email with information to this effect.
e. Swift Loans Australia Pty Ltd will make all notices, statements of account, copies of the contract, Terms and Conditions, statutory notices (including the Credit Guide and Information statement) available for a reasonable period of time in the www.swiftloans.com.au VIP Members Area for access by you, using your nominated login and password.
f. By clicking “I agree” you will be creating a binding legal obligation where indicated.
In order to process your loan application, we are required by law to review your last 90 days of bank transactions. We have appointed Credit Sense, an Australian company that obtains and categorises consumer’s bank account transactions for the purpose of providing account information to us so that we can assess your loan application.
Credit Sense will obtain the last 90 days of your bank transactions from the date of your application, in addition to further transactions for a reasonable period after that date.
During this process your login details will not be stored, however, you agree to appoint Credit Sense as your agent for the sole purpose of accessing your Internet banking on your behalf.
To learn more about Credit Sense and to view their privacy policy click here
Based on your information you may qualify for a loan of up to
The application process only takes minutes.
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Unfortunately at this time your loan is not able to be approved.
1.1. We will lend you the Total Amount of Credit as set out in the Loan Schedule. This is the loan that you must repay (“Loan”).
1.2. We will disburse the Loan as set out in the Loan Schedule once we are satisfied that:
1.2.1. you are not in default under any agreement with us or any other person;
1.2.2. all pre-contractual and conditions precedent have been satisfied; and
1.2.3. any details provided in relation to you and the Loan, including information about your identity, income, assets and other financial commitments have been sufficiently verified.
1.3. We may not, however, disburse the Loan if any information you give to us, or which has been given on your behalf is incorrect, or is changed.
2.1. You must pay all Fees and Charges in the circumstances set out in the Loan Schedule.
2.2. If you fail to make a payment when due, as set out in this contract, then late payment fees must be paid.
2.3. You will not be required to pay total Fees and Charges that exceed twice the Amount of Credit (not including Enforcement Expenses).
2.4. Any Fees and Charges that you must pay will be debited to your account and form part of the Outstanding Balance.
2.5. Any government tax, fee, levy or duty that we incur concerning this Contract will also be debited to your account and form part of the Outstanding Balance.
2.6. Swift Loans Australia Pty Ltd will not rollover any loans.
3.1. You must repay the Outstanding Balance (including but not limited to the Loan) in full by the final Repayment Due Date unless we agree otherwise in writing.
3.2. You authorise us to obtain payment of any amounts you owe under this Contract through the Direct Debit Authority you have signed in connection with this Contract.
3.3. You must make the repayments on each Repayment Due Date as specified in the Loan Schedule, or as agreed in writing during the course of this Contract.
3.4. If a Repayment Due Date is not on a Business Day, the payment must be made on the following Business Day.
3.5. All payments must be made by direct debit. If your payment is dishonoured, the payment is taken not to have been made.
3.6. All payments must be made in full, and they will be credited to your account without any deduction or set-off by either you or us. If you have reason to dispute a payment or anything else in relation to this Contract, you are encouraged to contact us to initiate our internal dispute resolution (IDR) process. If you are dissatisfied with the outcome, you have a right to take your dispute to either our external dispute resolution (EDR) scheme or to a court.
3.7. If Fees and Charges, Enforcement Expenses or other costs are debited to your account and form part of the Outstanding Balance, you must pay them immediately.
3.8. You may pay out the Contract in full earlier than the final Repayment Due Date provided you pay all Fees and Charges and other amounts owing under this Contract including any Enforcement Expenses.
4.1. You can direct us to apply your payments to any amount you owe under this Contract in any order. However, if you do not provide a direction in writing before, or when, making a payment, we can apply the payment to any amount you owe under this Contract in any order we decide. For example, if you owe any Enforcement Expenses, we may pay them before your regular repayment.
4.2. If you hold any other credit contracts with us and you make a payment which is insufficient to satisfy all of your obligations under this contract, we reserve the right to apply the payment to any, or all, of the credit contracts in any manner we decide unless you have provided written directions before, or when, making the payment, on how the payment is to be applied.
4.3. We will also adjust the debits, credits and Outstanding Balance if there are refunds or corrections to accurately reflect the legal obligations between us. This will occur regardless of the adjustment favouring either of us.
5.1. You will be in default if you:
5.1.1. any of the information you have provided us with in connection with this Contract is inaccurate or false: or
5.1.2. fail to pay us on time any amount due; or
5.1.3. do not do what you have agreed to do; or
5.1.4. do what you have agreed not to do.
5.2. If you are in default, we will give you a written default notice requiring you to correct the default. However, we need not give you that notice in circumstances where the law does not require it.
5.3. A default notice will tell you what you need to do to fix the default, if that can be done. You must do what the notice asks within the time provided.
5.4. If, during the period of the default notice, you default a second time in the same way again, then you are still in default, even if you have fixed the first default.
5.5. You must pay us the Outstanding Balance which may include (but is not limited to) arrears and Late Payment Fees and we may, by written notice to you, terminate the Contract, in the following circumstances:
5.5.1. if you have not fixed the default within the time specified in the default notice; or
5.5.2. if the default cannot be fixed, after the time specified in the default notice has passed; or
5.5.3. the default is of a kind where the law does not require us to give you a written default notice.
6.1. You must reimburse us for all our Enforcement Expenses.
6.2. Enforcement Expenses can include a range of costs such as legal fees, collection agency fees, our reasonable internal costs, as well as all government fees, charges, taxes or duties incurred in relation to those expenses.
6.3. When requested by us, you must pay any Enforcement Expenses we reasonably incur, but we may, without making demand, debit them to your account and they will form part of the Outstanding Balance.
7.1. You must tell us if you change your name, your residential, postal or email address, your telephone or mobile number or your employment details.
7.2. By inserting your email address into the Application Process and Loan Schedule, you have authorised us to use your email address as the primary form of contact and communication purposes. This email address will be used for the sending and receiving of documents, notices or information as are permitted to be given electronically under the Code. You may cancel your authorisation to receive documents by email at any time, by notifying us in accordance with Clause 7.3
7.3. If you have to give us a document or notice then you can:
7.3.1. mail it to our office address as shown at 13.1.1, or any other address we tell you; or
7.3.2. send it to our facsimile number as shown on the Loan Schedule; or
7.3.3. email it to an email address we tell you.
7.4. Unless stated otherwise, if we need to give you a document or notice we can do so by:
7.4.1. delivering it to you personally; or
7.4.2. leaving it at, or sending it by post or facsimile to, your residential or postal address last known to us; or
7.4.3. emailing it, where the Code allows, to the email address you have provided to us.
7.5. If you have provided us with your email address you must:
7.5.1. regularly check your email address to see if you have received any emails from us;
7.5.2. maintain and check your Electronic Equipment and your email address regularly to ensure it is always capable of receiving emails from us; and
7.5.3. you are responsible for printing or saving important documents, and we strongly recommend that you do so.
7.6. By inserting your telephone number in the Loan Schedule you authorise us to use this telephone number for communication purposes, which may include contacting you for the purposes of ensuring compliance with your obligations under this Contract.
8.1. You should tell us immediately if you cannot make any repayments. If you do, we will discuss alternative payment arrangements with you. However, we do not have to agree to any alternative arrangements.
9.1. You:
9.1.1. acknowledge and agree that both you and Swift Loans Australia Pty Ltd have or will sign this Contract electronically; and
9.1.2. consent to providing your signature electronically for the purposes of this Contract and the Direct Debit Authority.
10.1. You agree we may transfer, or assign, our rights under this Contract without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.
11.1. We may set off any debt or monetary liability we owe you against amounts that are due and payable by you under this Contract.
12.1. You agree that you will not, either yourself or through a Third Party:
12.1.1. use any Automated Device or Process, including but not limited to a robot, spider, screen scraper, data aggregation tool to, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the SwiftLoans.com.au website, without Swift Loans Australia Pty Ltd’s prior written permission;
12.1.2. use any process, automated or other to attempt to collect, aggregate or combine information, data or content contained within or accessible through the Website or Platform with information, content or data accessible via or sourced from any third party;
12.1.3. use the Swift Loans Australia Pty Ltd Website for any other unlawful purpose or activity;
12.1.4. Attempt to reverse engineer, discover source code or any other coding, reverse assemble, decompile, or use other arithmetical formulae or processes in respect of the software, technology and applications underlying the infrastructure and processes associated with the Website or Platform;
12.1.5. post or otherwise distribute on or through the Website or Platform any threatening, obscene, defamatory, harassing, or other unlawful material or information; or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion;
12.1.6. attempt to modify, copy, reproduce, alter, create any variation of works of, or display publically, any content or any part of the Website or Platform without the express written permission of Swift Loans Australia Pty Ltd;
12.1.7. post or otherwise distribute on or through the Website or Platform any information that is confidential to a third party without their permission;
12.1.8. undertake or attempt any action that imposes a disproportionately large of unreasonable load on the infrastructure of or bandwidth connecting to the Swift Loans Australia Website or Platform;
12.1.9. to interfere or attempt to interfere with the functionality and workings of the website or any of the transactions or processes being conducted through it by using any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine; or
12.1.10. to post on or distribute through the website any information that would be in breach of another person’s intellectual property rights.
13.1. Except for unilateral variations specifically permitted under this Contract, this Contract can only be varied where we both agree.
13.2. We do not waive any of our rights under this Contract, unless we do so in writing.
13.3. This Contract sets out all the terms between you and us concerning the use and operation of this Loan. This Contract supersedes any other representation, promise or statement made by us or any of our employees or agents.
13.4. This Contract is governed by the law in force in the State of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and courts of appeal from them.
14.1. These words, expressions and interpretational rules have the following meanings when used in the Loan Schedule and in these Terms and Conditions:
14.1.1. “we”, “us”, “our” or “Swift Loans Australia Pty Ltd” means Swift Loans Australia Pty Ltd (ABN 59 600 167 084), PO Box 507, Toorak, Victoria, 3142;
14.1.2. “you” or “your” means the “Borrower” specified in the Loan Schedule;
14.1.3. “Business Day” means a date that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Melbourne, Victoria;
14.1.4. “Code” means the National Credit Code which is Schedule 1 the National Consumer Credit Protection Act 2009 (Cth);
14.1.5. “Direct Debit Authority” means the direct debit request and authority form signed by you authorising us to directly debit your Nominated Account;
14.1.6. “Electronic Equipment” includes but is not limited to a computer, telephone or other electronic device which is capable of receiving emails;
14.1.7. “Enforcement Expenses” means all reasonable expenses incurred by us in enforcing this Contract where you are in default, including (but not limited to) those expenses referred to in clause 6 of this Contract;
14.1.8. “Fees and Charges” means the fees and charges specified in the Loan Schedule from time to time;
14.1.9. “Nominated Account” means the account nominated by you for the purpose of the Direct Debit Authority;
14.1.10. “Outstanding Balance” means the difference between all amounts credited and all amounts debited to you under the Contract from time to time;
14.1.11. “Repayment Due Date(s)” means the date(s) for repayments as set out in the Loan Schedule;
14.1.12. words (including capitalised words) or phrases used in these Terms and Conditions have the same meaning as those used in the Loan Schedule and vice versa;
14.2. This Contract is to be interpreted as consistent with the Code. If any provision of this Contract is invalid, unenforceable or breaches the Code, in whole or in part, that provision shall be severed and the remainder of the Contract shall not be affected.
This statement tells you about some of the rights and obligations of yourself and your credit provider. It does not state the terms and conditions of your contract.
If you have any concerns about your contract, contact the credit provider and, if you still have concerns, your credit provider’s external dispute resolution scheme, or get legal advice.
Your credit provider must give you a pre-contractual statement containing certain information about your contract. The pre-contractual statement, and this document, must be given to you before:
The Loan Schedule is the pre-contractual statement for the purposes of the proposed credit contract.
If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep. Also, the credit provider must give you a copy of the final contract within 14 days after it is made. This rule does not, however, apply if the credit provider has previously given you a copy of the contract document to keep.
If you want another copy of your contract, write to your credit provider and ask for one. Your credit provider may charge you a fee. Your credit provider has to give you a copy:
Yes. You can terminate the contract by writing to the credit provider so long as you have not obtained any credit under the contract.
However, you will still have to pay any fees or charges incurred before you terminated the contract.
Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.
You can contact your credit provider at any time and ask for a statement of the payout figure as at any date you specify. You can also ask for details of how the amount is made up.
Your credit provider must give you the statement within 7 days after you give your request to the credit provider.
Yes, but only if your contract says so.
Yes. You should first talk to your credit provider. Discuss the matter and see if you can come to some arrangement. If that is not successful, you may contact your credit provider’s external dispute resolution scheme. External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. Your credit provider’s external dispute resolution provider is Credit & Investments Ombudsman and can be contacted at 1800 138 422 or www.cio.org.au and Credit & Investments Ombudsman, PO Box A252, Sydney South NSW 1235. Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid.
You can also contact ASIC, the regulator, for information on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.
Get in touch with your credit provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your credit provider to change your contract in a number of ways;
If the credit provider refuses your request to change the repayments, you can ask the credit provider to review this decision if you think it is wrong. If the credit provider still refuses your request you can complain to the external dispute resolution scheme that your credit provider belongs to. Further details about this scheme are set out below in question 11.
Yes, if you are in default under your contract. But the law says that you cannot be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact the credit provider’s external dispute resolution scheme or ASIC, or get legal advice.
Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully.
IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.
EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS CREDIT & INVESTMENTS OMBUDSMAN AND CAN BE CONTACTED AT 1800 138 422 OR WWW.CIO.ORG.AU OR CREDIT & INVESTMENTS OMBUDSMAN, PO BOX A252, SYDNEY SOUTH NSW 1235.
PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.
As a licensed credit provider, it is a requirement to supply you with a Credit Guide as soon as it becomes apparent that we are likely to enter into a credit contract with you.
This guide includes information about us, our responsible lending obligations and our dispute resolution process.
Under the National Consumer Credit Protection Act 2009 (NCCP) we are obliged to ensure that any loan we arrange for you is not unsuitable to you, and that we don’t enter into a contract with you, or increase your credit limit if the contract is unsuitable for you.
A contract will be deemed unsuitable if, based on the information you supplied, if it is likely that:
As a condition of our licence we are also obliged to conduct a ‘Credit Assessment’ prior to entering a contract with you or increasing the limit of an existing contract. This Assessment is to determine if the contract is unsuitable.
If Swift Loans Australia Pty Ltd has provided you with a loan, you may request a copy of your credit assessment that we will supply to you at no charge:
We are not obliged to give you a copy if:
Swift Loans Australia Pty Ltd has both Internal and External dispute resolution processes in place.
If you have a concern or complaint, in the first instance, please contact our Internal Dispute Resolution function on:
Phone: 1300 13 46 86
Email: customercare@swiftloans.com.au
Fax: 03 99729524
Mail: Customer Care
GPO Box 507
Toorak VIC 3142
If for some reason the concern or complaint is not resolved, you may then contact our External Dispute Resolution scheme. This is an independent service provided to resolve any concerns or complaints that we would not resolve together.
We are a member of the Australian Financial Complaints Authority (AFCA)
Phone: 1300 56 55 62
Email: via the website below
Web: www.afca.org.au
Mail: GPO BOX 3
Melbourne, Vic., 3001.
Name: Swift Loans Australia Pty Ltd
Address: GPO Box 507
Toorak VIC 3142
Toll Free: 1300 13 46 86
Fax: 03 9972 9524
DIRECT DEBIT REQUEST
I/ We authorise and Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID Number 165969, 303909, 301203,234040, 234072, 428198) (herein referred to as “EziDebit”) to make periodic debits on behalf of Swift Loans Australia Pty Ltd, ACN 600 167 084, Australian Credit Licence Number 461533 (herein referred to as the “Business”), as indicted on the attached Direct Debit Request.
Direct Debit fees will be paid to Ezidebit as follows:
$2.20 Administration fee in order to set up your account
$1.10 Direct Debit fee per transaction
Swift Loans Australia Pty Ltd does not make any money from these Direct Debit Fees, and passes them on at cost.
DDR SERVICE AGREEMENT (Ver 1.5)
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969,303909,301203,234040,234072,428198) (herein referred to as "Ezidebit") to make periodic debits on behalf of the "Business" as indicated on the attached Direct Debit Request (herein referred to as "the Business").
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.
Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements.
I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/We agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
Credit Card Payments
I/We acknowledge that "Ezidebit" will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. I/We acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which EziDebit deems necessary) to protect my/our personal information, including (but not limited to) prohibiting the release to or access by third parties without my/our consent.
Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Ezidebit's Privacy Policy can be found at www.ezidebit.com.au.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
I/We authorise:
a) Ezidebit to verify details of my/our account with my/our financial institution; and
b) my/our financial institution to release information allowing Ezidebit to verify my/our account details
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555
1.1. We will lend you the Total Amount of Credit as set out in the Loan Schedule. This is the loan that you must repay (“Loan”).
1.2. We will disburse the Loan as set out in the Loan Schedule once we are satisfied that:
1.2.1. you are not in default under any agreement with us or any other person;
1.2.2. all pre-contractual and conditions precedent have been satisfied; and
1.2.3. any details provided in relation to you and the Loan, including information about your identity, income, assets and other financial commitments have been sufficiently verified.
1.3. We may not, however, disburse the Loan if any information you give to us, or which has been given on your behalf is incorrect, or is changed.
2.1. You must pay all Fees and Charges in the circumstances set out in the Loan Schedule.
2.2. If you fail to make a payment when due, as set out in this contract, then late payment fees must be paid.
2.3. You will not be required to pay total Fees and Charges that exceed twice the Amount of Credit (not including Enforcement Expenses).
2.4. Any Fees and Charges that you must pay will be debited to your account and form part of the Outstanding Balance.
2.5. Any government tax, fee, levy or duty that we incur concerning this Contract will also be debited to your account and form part of the Outstanding Balance.
2.6. Swift Loans Australia Pty Ltd will not rollover any loans.
3.1. You must repay the Outstanding Balance (including but not limited to the Loan) in full by the final Repayment Due Date unless we agree otherwise in writing.
3.2. You authorise us to obtain payment of any amounts you owe under this Contract through the Direct Debit Authority you have signed in connection with this Contract.
3.3. You must make the repayments on each Repayment Due Date as specified in the Loan Schedule, or as agreed in writing during the course of this Contract.
3.4. If a Repayment Due Date is not on a Business Day, the payment must be made on the following Business Day.
3.5. All payments must be made by direct debit. If your payment is dishonoured, the payment is taken not to have been made.
3.6. All payments must be made in full, and they will be credited to your account without any deduction or set-off by either you or us. If you have reason to dispute a payment or anything else in relation to this Contract, you are encouraged to contact us to initiate our internal dispute resolution (IDR) process. If you are dissatisfied with the outcome, you have a right to take your dispute to either our external dispute resolution (EDR) scheme or to a court.
3.7. If Fees and Charges, Enforcement Expenses or other costs are debited to your account and form part of the Outstanding Balance, you must pay them immediately.
3.8. You may pay out the Contract in full earlier than the final Repayment Due Date provided you pay all Fees and Charges and other amounts owing under this Contract including any Enforcement Expenses.
4.1. You can direct us to apply your payments to any amount you owe under this Contract in any order. However, if you do not provide a direction in writing before, or when, making a payment, we can apply the payment to any amount you owe under this Contract in any order we decide. For example, if you owe any Enforcement Expenses, we may pay them before your regular repayment.
4.2. If you hold any other credit contracts with us and you make a payment which is insufficient to satisfy all of your obligations under this contract, we reserve the right to apply the payment to any, or all, of the credit contracts in any manner we decide unless you have provided written directions before, or when, making the payment, on how the payment is to be applied.
4.3. We will also adjust the debits, credits and Outstanding Balance if there are refunds or corrections to accurately reflect the legal obligations between us. This will occur regardless of the adjustment favouring either of us.
5.1. You will be in default if you:
5.1.1. any of the information you have provided us with in connection with this Contract is inaccurate or false: or
5.1.2. fail to pay us on time any amount due; or
5.1.3. do not do what you have agreed to do; or
5.1.4. do what you have agreed not to do.
5.2. If you are in default, we will give you a written default notice requiring you to correct the default. However, we need not give you that notice in circumstances where the law does not require it.
5.3. A default notice will tell you what you need to do to fix the default, if that can be done. You must do what the notice asks within the time provided.
5.4. If, during the period of the default notice, you default a second time in the same way again, then you are still in default, even if you have fixed the first default.
5.5. You must pay us the Outstanding Balance which may include (but is not limited to) arrears and Late Payment Fees and we may, by written notice to you, terminate the Contract, in the following circumstances:
5.5.1. if you have not fixed the default within the time specified in the default notice; or
5.5.2. if the default cannot be fixed, after the time specified in the default notice has passed; or
5.5.3. the default is of a kind where the law does not require us to give you a written default notice.
6.1. You must reimburse us for all our Enforcement Expenses.
6.2. Enforcement Expenses can include a range of costs such as legal fees, collection agency fees, our reasonable internal costs, as well as all government fees, charges, taxes or duties incurred in relation to those expenses.
6.3. When requested by us, you must pay any Enforcement Expenses we reasonably incur, but we may, without making demand, debit them to your account and they will form part of the Outstanding Balance.
7.1. You must tell us if you change your name, your residential, postal or email address, your telephone or mobile number or your employment details.
7.2. By inserting your email address into the Application Process and Loan Schedule, you have authorised us to use your email address as the primary form of contact and communication purposes. This email address will be used for the sending and receiving of documents, notices or information as are permitted to be given electronically under the Code. You may cancel your authorisation to receive documents by email at any time, by notifying us in accordance with Clause 7.3
7.3. If you have to give us a document or notice then you can:
7.3.1. mail it to our office address as shown at 13.1.1, or any other address we tell you; or
7.3.2. send it to our facsimile number as shown on the Loan Schedule; or
7.3.3. email it to an email address we tell you.
7.4. Unless stated otherwise, if we need to give you a document or notice we can do so by:
7.4.1. delivering it to you personally; or
7.4.2. leaving it at, or sending it by post or facsimile to, your residential or postal address last known to us; or
7.4.3. emailing it, where the Code allows, to the email address you have provided to us.
7.5. If you have provided us with your email address you must:
7.5.1. regularly check your email address to see if you have received any emails from us;
7.5.2. maintain and check your Electronic Equipment and your email address regularly to ensure it is always capable of receiving emails from us; and
7.5.3. you are responsible for printing or saving important documents, and we strongly recommend that you do so.
7.6. By inserting your telephone number in the Loan Schedule you authorise us to use this telephone number for communication purposes, which may include contacting you for the purposes of ensuring compliance with your obligations under this Contract.
8.1. You should tell us immediately if you cannot make any repayments. If you do, we will discuss alternative payment arrangements with you. However, we do not have to agree to any alternative arrangements.
9.1. You:
9.1.1. acknowledge and agree that both you and Swift Loans Australia Pty Ltd have or will sign this Contract electronically; and
9.1.2. consent to providing your signature electronically for the purposes of this Contract and the Direct Debit Authority.
10.1. You agree we may transfer, or assign, our rights under this Contract without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.
11.1. We may set off any debt or monetary liability we owe you against amounts that are due and payable by you under this Contract.
12. WEBSITE USAGE
12.1. You agree that you will not, either yourself or through a Third Party:
12.1.1. use any Automated Device or Process, including but not limited to a robot, spider, screen scraper, data aggregation tool to, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the SwiftLoans.com.au website, without Swift Loans Australia Pty Ltd’s prior written permission;
12.1.2. use any process, automated or other to attempt to collect, aggregate or combine information, data or content contained within or accessible through the Website or Platform with information, content or data accessible via or sourced from any third party;
12.1.3. use the Swift Loans Australia Pty Ltd Website for any other unlawful purpose or activity;
12.1.4. Attempt to reverse engineer, discover source code or any other coding, reverse assemble, decompile, or use other arithmetical formulae or processes in respect of the software, technology and applications underlying the infrastructure and processes associated with the Website or Platform;
12.1.5. post or otherwise distribute on or through the Website or Platform any threatening, obscene, defamatory, harassing, or other unlawful material or information; or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion;
12.1.6. attempt to modify, copy, reproduce, alter, create any variation of works of, or display publically, any content or any part of the Website or Platform without the express written permission of Swift Loans Australia Pty Ltd;
12.1.7. post or otherwise distribute on or through the Website or Platform any information that is confidential to a third party without their permission;
12.1.8. undertake or attempt any action that imposes a disproportionately large of unreasonable load on the infrastructure of or bandwidth connecting to the Swift Loans Australia Website or Platform;
12.1.9. to interfere or attempt to interfere with the functionality and workings of the website or any of the transactions or processes being conducted through it by using any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine; or
12.1.10. to post on or distribute through the website any information that would be in breach of another person’s intellectual property rights.
13.1. Except for unilateral variations specifically permitted under this Contract, this Contract can only be varied where we both agree.
13.2. We do not waive any of our rights under this Contract, unless we do so in writing.
13.3. This Contract sets out all the terms between you and us concerning the use and operation of this Loan. This Contract supersedes any other representation, promise or statement made by us or any of our employees or agents.
13.4. This Contract is governed by the law in force in the State of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and courts of appeal from them.
14.1. These words, expressions and interpretational rules have the following meanings when used in the Loan Schedule and in these Terms and Conditions:
14.1.1. “we”, “us”, “our” or “Swift Loans Australia Pty Ltd” means Swift Loans Australia Pty Ltd (ABN 59 600 167 084), PO Box 507, Toorak, Victoria, 3142;
14.1.2. “you” or “your” means the “Borrower” specified in the Loan Schedule;
14.1.3. “Business Day” means a date that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Melbourne, Victoria;
14.1.4. “Code” means the National Credit Code which is Schedule 1 the National Consumer Credit Protection Act 2009 (Cth);
14.1.5. “Direct Debit Authority” means the direct debit request and authority form signed by you authorising us to directly debit your Nominated Account;
14.1.6. “Electronic Equipment” includes but is not limited to a computer, telephone or other electronic device which is capable of receiving emails;
14.1.7. “Enforcement Expenses” means all reasonable expenses incurred by us in enforcing this Contract where you are in default, including (but not limited to) those expenses referred to in clause 6 of this Contract;
14.1.8. “Fees and Charges” means the fees and charges specified in the Loan Schedule from time to time;
14.1.9. “Nominated Account” means the account nominated by you for the purpose of the Direct Debit Authority;
14.1.10. “Outstanding Balance” means the difference between all amounts credited and all amounts debited to you under the Contract from time to time;
14.1.11. “Repayment Due Date(s)” means the date(s) for repayments as set out in the Loan Schedule;
14.1.12. words (including capitalised words) or phrases used in these Terms and Conditions have the same meaning as those used in the Loan Schedule and vice versa;
14.2. This Contract is to be interpreted as consistent with the Code. If any provision of this Contract is invalid, unenforceable or breaches the Code, in whole or in part, that provision shall be severed and the remainder of the Contract shall not be affected.
Information Statement
This statement tells you about some of the rights and obligations of yourself and your credit provider. It does not state the terms and conditions of your contract.
If you have any concerns about your contract, contact the credit provider and, if you still have concerns, your credit provider’s external dispute resolution scheme, or get legal advice.
1. How can I get details of my proposed credit contract?
Your credit provider must give you a pre-contractual statement containing certain information about your contract. The pre-contractual statement, and this document, must be given to you before:
§ your contract is entered into; or
§ you make an offer to enter into the contract; whichever happens first.
The Loan Schedule is the pre-contractual statement for the purposes of the proposed credit contract.
If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep. Also, the credit provider must give you a copy of the final contract within 14 days after it is made. This rule does not, however, apply if the credit provider has previously given you a copy of the contract document to keep.
If you want another copy of your contract, write to your credit provider and ask for one. Your credit provider may charge you a fee. Your credit provider has to give you a copy:
§ within 14 days of your written request if the original contract came into existence 1 year or less before your request; or
§ otherwise within 30 days of your written request.
Yes. You can terminate the contract by writing to the credit provider so long as you have not obtained any credit under the contract.
However, you will still have to pay any fees or charges incurred before you terminated the contract.
Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.
You can contact your credit provider at any time and ask for a statement of the payout figure as at any date you specify. You can also ask for details of how the amount is made up.
Your credit provider must give you the statement within 7 days after you give your request to the credit provider.
Yes, but only if your contract says so.
Yes. You should first talk to your credit provider. Discuss the matter and see if you can come to some arrangement.
If that is not successful, you may contact your credit provider’s external dispute resolution scheme. External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. Your credit provider’s external dispute resolution provider is Credit & Investments Ombudsman and can be contacted at 1800 138 422 or http://www.cio.org.au and by mail at Credit & Investments Ombudsman, PO Box A252, Sydney South NSW 1235. Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid.
You can also contact ASIC, the regulator, for information on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.
8. What do I do if I cannot make a repayment?
Get in touch with your credit provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your credit provider to change your contract in a number of ways:
§ to extend the term of your contract and reduce payments; or
§ to extend the term of your contract and delay payments for a set time; or
§ to delay payments for a set time.
If the credit provider refuses your request to change the repayments, you can ask the credit provider to review this decision if you think it is wrong.
If the credit provider still refuses your request you can complain to the external dispute resolution scheme that your credit provider belongs to. Further details about this scheme are set out below in question 11.
Yes, if you are in default under your contract. But the law says that you cannot be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact the credit provider’s external dispute resolution scheme or ASIC, or get legal advice.
Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully.
IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.
EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS CREDIT & INVESTMENTS OMBUDSMAN AND CAN BE CONTACTED AT 1800 138 422 OR WWW.CIO.ORG.AU OR CREDIT & INVESTMENTS OMBUDSMAN, PO BOX A252, SYDNEY SOUTH NSW 1235.
PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.
As a licensed credit provider, it is a requirement to supply you with a Credit Guide as soon as it becomes apparent that we are likely to enter into a credit contract with you.
This guide includes information about us, our responsible lending obligations and our dispute resolution process.
Under the National Consumer Credit Protection Act 2009 (NCCP) we are obliged to ensure that any loan we arrange for you is not unsuitable to you, and that we don’t enter into a contract with you, or increase your credit limit if the contract is unsuitable for you.
A contract will be deemed unsuitable if, based on the information you supplied, if it is likely that:
§ you will be unable to meet the financial obligations under the contract
§ the contract will not meet your requirements or objectives
§ you could only comply with the terms of the contract under severe hardship
As a condition of our licence we are also obliged to conduct a ‘Credit Assessment’ prior to entering a contract with you or increasing the limit of an existing contract. This Assessment is to determine if the contract is unsuitable.
If Swift Loans Australia Pty Ltd has provided you with a loan, you may request a copy of your credit assessment that we will supply to you at no charge:
§ before entering the credit contract or before the credit limit is increased, if you make the request before then
§ if the request is made within the first 2 years of entering the contract we will supply it within 7 business days
§ if the request is made after 2 years from entering the contract we will supply it to you within 21 business days
We are not obliged to give you a copy if:
§ the request is made over 7 years from entering the contract or increasing the credit limit
§ or contract was not entered into for any reason
Swift Loans Australia Pty Ltd has both Internal and External dispute resolution processes in place.
If you have a concern or complaint, in the first instance, please contact our Internal Dispute Resolution function on:
Phone: 1300 13 46 86
Email: customercare@swiftloans.com.au
Fax: 03 99729524
Mail: Customer Care
GPO Box 507
Toorak VIC 3142
If for some reason the concern or complaint is not resolved, you may then contact our External Dispute Resolution scheme. This is an independent service provided to resolve any concerns or complaints that we would not resolve together.
We are a member of the Credit & Investments Ombudsman (CIO) External Dispute Resolution Scheme
Phone: 1800 138 422
Email: via the website below
Fax: 02 9273 8440
Web: www.cio.org.au
Mail: Case Management Team
C/- Credit & Investments Ombudsman
PO BOX A252
Sydney South NSW 1235
Name: Swift Loans Australia Pty Ltd
Address: GPO Box 507
Toorak VIC 3142
Toll Free: 1300 13 46 86
Fax: 03 9972 9524
DIRECT DEBIT REQUEST
I/ We authorise and Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID Number 165969, 303909, 301203,234040, 234072, 428198) (herein referred to as “EziDebit”) to make periodic debits on behalf of Swift Loans Australia Pty Ltd, ACN 600 167 084, Australian Credit Licence Number 461533 (herein referred to as the “Business”), as indicted on the attached Direct Debit Request.
Direct Debit fees will be paid to Ezidebit as follows:
$2.20 Administration fee in order to set up your account
$1.10 Direct Debit fee per transaction
$11.90 Dishonour fee when a direct debit fails
Swift Loans Australia Pty Ltd does not make any money from these Direct Debit Fees, and passes them on at cost.
DDR SERVICE AGREEMENT (Ver 1.5)
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969,303909,301203,234040,234072,428198) (herein referred to as "Ezidebit") to make periodic debits on behalf of the "Business" as indicated on the attached Direct Debit Request (herein referred to as "the Business").
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.
Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements.
I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/We agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
Credit Card Payments
I/We acknowledge that "Ezidebit" will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. I/We acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which EziDebit deems necessary) to protect my/our personal information, including (but not limited to) prohibiting the release to or access by third parties without my/our consent.
Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Ezidebit's Privacy Policy can be found at www.ezidebit.com.au.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
I/We authorise:
a) Ezidebit to verify details of my/our account with my/our financial institution; and
b) my/our financial institution to release information allowing Ezidebit to verify my/our account details
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555
In order to process your loan application, we are required by law to review your last 90 days of bank transactions. We have appointed Credit Sense, an Australian company that obtains and categorises consumer’s bank account transactions for the purpose of providing account information to us so that we can assess your loan application.
Credit Sense will obtain the last 90 days of your bank transactions from the date of your application, in addition to further transactions for a reasonable period after that date.
During this process your login details will not be stored, however, you agree to appoint Credit Sense as your agent for the sole purpose of accessing your Internet banking on your behalf.
To learn more about Credit Sense and to view their privacy policy click here
1.1. We will lend you the Total Amount of Credit as set out in the Loan Schedule. This is the loan that you must repay (“Loan”).
1.2. We will disburse the Loan as set out in the Loan Schedule once we are satisfied that:
1.2.1. you are not in default under any agreement with us or any other person;
1.2.2. all pre-contractual and conditions precedent have been satisfied; and
1.2.3. any details provided in relation to you and the Loan, including information about your identity, income, assets and other financial commitments have been sufficiently verified.
1.3. We may not, however, disburse the Loan if any information you give to us, or which has been given on your behalf is incorrect, or is changed.
2.1. You must pay all Fees and Charges in the circumstances set out in the Loan Schedule.
2.2. If you fail to make a payment when due, as set out in this contract, then late payment fees must be paid.
2.3. You will not be required to pay total Fees and Charges that exceed twice the Amount of Credit (not including Enforcement Expenses).
2.4. Any Fees and Charges that you must pay will be debited to your account and form part of the Outstanding Balance.
2.5. Any government tax, fee, levy or duty that we incur concerning this Contract will also be debited to your account and form part of the Outstanding Balance.
2.6. Swift Loans Australia Pty Ltd will not rollover any loans.
3.1. You must repay the Outstanding Balance (including but not limited to the Loan) in full by the final Repayment Due Date unless we agree otherwise in writing.
3.2. You authorise us to obtain payment of any amounts you owe under this Contract through the Direct Debit Authority you have signed in connection with this Contract.
3.3. You must make the repayments on each Repayment Due Date as specified in the Loan Schedule, or as agreed in writing during the course of this Contract.
3.4. If a Repayment Due Date is not on a Business Day, the payment must be made on the following Business Day.
3.5. All payments must be made by direct debit. If your payment is dishonoured, the payment is taken not to have been made.
3.6. All payments must be made in full, and they will be credited to your account without any deduction or set-off by either you or us. If you have reason to dispute a payment or anything else in relation to this Contract, you are encouraged to contact us to initiate our internal dispute resolution (IDR) process. If you are dissatisfied with the outcome, you have a right to take your dispute to either our external dispute resolution (EDR) scheme or to a court.
3.7. If Fees and Charges, Enforcement Expenses or other costs are debited to your account and form part of the Outstanding Balance, you must pay them immediately.
3.8. You may pay out the Contract in full earlier than the final Repayment Due Date provided you pay all Fees and Charges and other amounts owing under this Contract including any Enforcement Expenses.
4.1. You can direct us to apply your payments to any amount you owe under this Contract in any order. However, if you do not provide a direction in writing before, or when, making a payment, we can apply the payment to any amount you owe under this Contract in any order we decide. For example, if you owe any Enforcement Expenses, we may pay them before your regular repayment.
4.2. If you hold any other credit contracts with us and you make a payment which is insufficient to satisfy all of your obligations under this contract, we reserve the right to apply the payment to any, or all, of the credit contracts in any manner we decide unless you have provided written directions before, or when, making the payment, on how the payment is to be applied.
4.3. We will also adjust the debits, credits and Outstanding Balance if there are refunds or corrections to accurately reflect the legal obligations between us. This will occur regardless of the adjustment favouring either of us.
5.1. You will be in default if you:
5.1.1. any of the information you have provided us with in connection with this Contract is inaccurate or false: or
5.1.2. fail to pay us on time any amount due; or
5.1.3. do not do what you have agreed to do; or
5.1.4. do what you have agreed not to do.
5.2. If you are in default, we will give you a written default notice requiring you to correct the default. However, we need not give you that notice in circumstances where the law does not require it.
5.3. A default notice will tell you what you need to do to fix the default, if that can be done. You must do what the notice asks within the time provided.
5.4. If, during the period of the default notice, you default a second time in the same way again, then you are still in default, even if you have fixed the first default.
5.5. You must pay us the Outstanding Balance which may include (but is not limited to) arrears and Late Payment Fees and we may, by written notice to you, terminate the Contract, in the following circumstances:
5.5.1. if you have not fixed the default within the time specified in the default notice; or
5.5.2. if the default cannot be fixed, after the time specified in the default notice has passed; or
5.5.3. the default is of a kind where the law does not require us to give you a written default notice.
6.1. You must reimburse us for all our Enforcement Expenses.
6.2. Enforcement Expenses can include a range of costs such as legal fees, collection agency fees, our reasonable internal costs, as well as all government fees, charges, taxes or duties incurred in relation to those expenses.
6.3. When requested by us, you must pay any Enforcement Expenses we reasonably incur, but we may, without making demand, debit them to your account and they will form part of the Outstanding Balance.
7.1. You must tell us if you change your name, your residential, postal or email address, your telephone or mobile number or your employment details.
7.2. By inserting your email address into the Application Process and Loan Schedule, you have authorised us to use your email address as the primary form of contact and communication purposes. This email address will be used for the sending and receiving of documents, notices or information as are permitted to be given electronically under the Code. You may cancel your authorisation to receive documents by email at any time, by notifying us in accordance with Clause 7.3
7.3. If you have to give us a document or notice then you can:
7.3.1. mail it to our office address as shown at 13.1.1, or any other address we tell you; or
7.3.2. send it to our facsimile number as shown on the Loan Schedule; or
7.3.3. email it to an email address we tell you.
7.4. Unless stated otherwise, if we need to give you a document or notice we can do so by:
7.4.1. delivering it to you personally; or
7.4.2. leaving it at, or sending it by post or facsimile to, your residential or postal address last known to us; or
7.4.3. emailing it, where the Code allows, to the email address you have provided to us.
7.5. If you have provided us with your email address you must:
7.5.1. regularly check your email address to see if you have received any emails from us;
7.5.2. maintain and check your Electronic Equipment and your email address regularly to ensure it is always capable of receiving emails from us; and
7.5.3. you are responsible for printing or saving important documents, and we strongly recommend that you do so.
7.6. By inserting your telephone number in the Loan Schedule you authorise us to use this telephone number for communication purposes, which may include contacting you for the purposes of ensuring compliance with your obligations under this Contract.
8.1. You should tell us immediately if you cannot make any repayments. If you do, we will discuss alternative payment arrangements with you. However, we do not have to agree to any alternative arrangements.
9.1. You:
9.1.1. acknowledge and agree that both you and Swift Loans Australia Pty Ltd have or will sign this Contract electronically; and
9.1.2. consent to providing your signature electronically for the purposes of this Contract and the Direct Debit Authority.
10.1. You agree we may transfer, or assign, our rights under this Contract without your consent, provided we reasonably believe you will not suffer any material detriment from the transfer or assignment. In doing so, you consent to us giving any information (including documents) about you to the assignee or to anyone who is considering becoming the assignee.
11.1. We may set off any debt or monetary liability we owe you against amounts that are due and payable by you under this Contract.
12. WEBSITE USAGE
12.1. You agree that you will not, either yourself or through a Third Party:
12.1.1. use any Automated Device or Process, including but not limited to a robot, spider, screen scraper, data aggregation tool to, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the SwiftLoans.com.au website, without Swift Loans Australia Pty Ltd’s prior written permission;
12.1.2. use any process, automated or other to attempt to collect, aggregate or combine information, data or content contained within or accessible through the Website or Platform with information, content or data accessible via or sourced from any third party;
12.1.3. use the Swift Loans Australia Pty Ltd Website for any other unlawful purpose or activity;
12.1.4. Attempt to reverse engineer, discover source code or any other coding, reverse assemble, decompile, or use other arithmetical formulae or processes in respect of the software, technology and applications underlying the infrastructure and processes associated with the Website or Platform;
12.1.5. post or otherwise distribute on or through the Website or Platform any threatening, obscene, defamatory, harassing, or other unlawful material or information; or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion;
12.1.6. attempt to modify, copy, reproduce, alter, create any variation of works of, or display publically, any content or any part of the Website or Platform without the express written permission of Swift Loans Australia Pty Ltd;
12.1.7. post or otherwise distribute on or through the Website or Platform any information that is confidential to a third party without their permission;
12.1.8. undertake or attempt any action that imposes a disproportionately large of unreasonable load on the infrastructure of or bandwidth connecting to the Swift Loans Australia Website or Platform;
12.1.9. to interfere or attempt to interfere with the functionality and workings of the website or any of the transactions or processes being conducted through it by using any device, software (including but not limited to introducing a virus, a worm or other malicious code), process or routine; or
12.1.10. to post on or distribute through the website any information that would be in breach of another person’s intellectual property rights.
13.1. Except for unilateral variations specifically permitted under this Contract, this Contract can only be varied where we both agree.
13.2. We do not waive any of our rights under this Contract, unless we do so in writing.
13.3. This Contract sets out all the terms between you and us concerning the use and operation of this Loan. This Contract supersedes any other representation, promise or statement made by us or any of our employees or agents.
13.4. This Contract is governed by the law in force in the State of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and courts of appeal from them.
14.1. These words, expressions and interpretational rules have the following meanings when used in the Loan Schedule and in these Terms and Conditions:
14.1.1. “we”, “us”, “our” or “Swift Loans Australia Pty Ltd” means Swift Loans Australia Pty Ltd (ABN 59 600 167 084), PO Box 507, Toorak, Victoria, 3142;
14.1.2. “you” or “your” means the “Borrower” specified in the Loan Schedule;
14.1.3. “Business Day” means a date that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Melbourne, Victoria;
14.1.4. “Code” means the National Credit Code which is Schedule 1 the National Consumer Credit Protection Act 2009 (Cth);
14.1.5. “Direct Debit Authority” means the direct debit request and authority form signed by you authorising us to directly debit your Nominated Account;
14.1.6. “Electronic Equipment” includes but is not limited to a computer, telephone or other electronic device which is capable of receiving emails;
14.1.7. “Enforcement Expenses” means all reasonable expenses incurred by us in enforcing this Contract where you are in default, including (but not limited to) those expenses referred to in clause 6 of this Contract;
14.1.8. “Fees and Charges” means the fees and charges specified in the Loan Schedule from time to time;
14.1.9. “Nominated Account” means the account nominated by you for the purpose of the Direct Debit Authority;
14.1.10. “Outstanding Balance” means the difference between all amounts credited and all amounts debited to you under the Contract from time to time;
14.1.11. “Repayment Due Date(s)” means the date(s) for repayments as set out in the Loan Schedule;
14.1.12. words (including capitalised words) or phrases used in these Terms and Conditions have the same meaning as those used in the Loan Schedule and vice versa;
14.2. This Contract is to be interpreted as consistent with the Code. If any provision of this Contract is invalid, unenforceable or breaches the Code, in whole or in part, that provision shall be severed and the remainder of the Contract shall not be affected.
Information Statement
This statement tells you about some of the rights and obligations of yourself and your credit provider. It does not state the terms and conditions of your contract.
If you have any concerns about your contract, contact the credit provider and, if you still have concerns, your credit provider’s external dispute resolution scheme, or get legal advice.
1. How can I get details of my proposed credit contract?
Your credit provider must give you a pre-contractual statement containing certain information about your contract. The pre-contractual statement, and this document, must be given to you before:
§ your contract is entered into; or
§ you make an offer to enter into the contract; whichever happens first.
The Loan Schedule is the pre-contractual statement for the purposes of the proposed credit contract.
If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep. Also, the credit provider must give you a copy of the final contract within 14 days after it is made. This rule does not, however, apply if the credit provider has previously given you a copy of the contract document to keep.
If you want another copy of your contract, write to your credit provider and ask for one. Your credit provider may charge you a fee. Your credit provider has to give you a copy:
§ within 14 days of your written request if the original contract came into existence 1 year or less before your request; or
§ otherwise within 30 days of your written request.
Yes. You can terminate the contract by writing to the credit provider so long as you have not obtained any credit under the contract.
However, you will still have to pay any fees or charges incurred before you terminated the contract.
Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.
You can contact your credit provider at any time and ask for a statement of the payout figure as at any date you specify. You can also ask for details of how the amount is made up.
Your credit provider must give you the statement within 7 days after you give your request to the credit provider.
Yes, but only if your contract says so.
Yes. You should first talk to your credit provider. Discuss the matter and see if you can come to some arrangement.
If that is not successful, you may contact your credit provider’s external dispute resolution scheme. External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. Your credit provider’s external dispute resolution provider is Credit & Investments Ombudsman and can be contacted at 1800 138 422 or http://www.cio.org.au and by mail at Credit & Investments Ombudsman, PO Box A252, Sydney South NSW 1235. Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid.
You can also contact ASIC, the regulator, for information on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.
8. What do I do if I cannot make a repayment?
Get in touch with your credit provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your credit provider to change your contract in a number of ways:
§ to extend the term of your contract and reduce payments; or
§ to extend the term of your contract and delay payments for a set time; or
§ to delay payments for a set time.
If the credit provider refuses your request to change the repayments, you can ask the credit provider to review this decision if you think it is wrong.
If the credit provider still refuses your request you can complain to the external dispute resolution scheme that your credit provider belongs to. Further details about this scheme are set out below in question 11.
Yes, if you are in default under your contract. But the law says that you cannot be unduly harassed or threatened for repayments. If you think you are being unduly harassed or threatened, contact the credit provider’s external dispute resolution scheme or ASIC, or get legal advice.
Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully.
IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE.
EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS CREDIT & INVESTMENTS OMBUDSMAN AND CAN BE CONTACTED AT 1800 138 422 OR WWW.CIO.ORG.AU OR CREDIT & INVESTMENTS OMBUDSMAN, PO BOX A252, SYDNEY SOUTH NSW 1235.
PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.
As a licensed credit provider, it is a requirement to supply you with a Credit Guide as soon as it becomes apparent that we are likely to enter into a credit contract with you.
This guide includes information about us, our responsible lending obligations and our dispute resolution process.
Under the National Consumer Credit Protection Act 2009 (NCCP) we are obliged to ensure that any loan we arrange for you is not unsuitable to you, and that we don’t enter into a contract with you, or increase your credit limit if the contract is unsuitable for you.
A contract will be deemed unsuitable if, based on the information you supplied, if it is likely that:
§ you will be unable to meet the financial obligations under the contract
§ the contract will not meet your requirements or objectives
§ you could only comply with the terms of the contract under severe hardship
As a condition of our licence we are also obliged to conduct a ‘Credit Assessment’ prior to entering a contract with you or increasing the limit of an existing contract. This Assessment is to determine if the contract is unsuitable.
If Swift Loans Australia Pty Ltd has provided you with a loan, you may request a copy of your credit assessment that we will supply to you at no charge:
§ before entering the credit contract or before the credit limit is increased, if you make the request before then
§ if the request is made within the first 2 years of entering the contract we will supply it within 7 business days
§ if the request is made after 2 years from entering the contract we will supply it to you within 21 business days
We are not obliged to give you a copy if:
§ the request is made over 7 years from entering the contract or increasing the credit limit
§ or contract was not entered into for any reason
Swift Loans Australia Pty Ltd has both Internal and External dispute resolution processes in place.
If you have a concern or complaint, in the first instance, please contact our Internal Dispute Resolution function on:
Phone: 1300 13 46 86
Email: customercare@swiftloans.com.au
Fax: 03 99729524
Mail: Customer Care
GPO Box 507
Toorak VIC 3142
If for some reason the concern or complaint is not resolved, you may then contact our External Dispute Resolution scheme. This is an independent service provided to resolve any concerns or complaints that we would not resolve together.
We are a member of the Credit & Investments Ombudsman (CIO) External Dispute Resolution Scheme
Phone: 1800 138 422
Email: via the website below
Fax: 02 9273 8440
Web: www.cio.org.au
Mail: Case Management Team
C/- Credit & Investments Ombudsman
PO BOX A252
Sydney South NSW 1235
Name: Swift Loans Australia Pty Ltd
Address: GPO Box 507
Toorak VIC 3142
Toll Free: 1300 13 46 86
Fax: 03 9972 9524
DIRECT DEBIT REQUEST
I/ We authorise and Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID Number 165969, 303909, 301203,234040, 234072, 428198) (herein referred to as “EziDebit”) to make periodic debits on behalf of Swift Loans Australia Pty Ltd, ACN 600 167 084, Australian Credit Licence Number 461533 (herein referred to as the “Business”), as indicted on the attached Direct Debit Request.
Direct Debit fees will be paid to Ezidebit as follows:
$2.20 Administration fee in order to set up your account
$1.10 Direct Debit fee per transaction
$11.90 Dishonour fee when a direct debit fails
Swift Loans Australia Pty Ltd does not make any money from these Direct Debit Fees, and passes them on at cost.
DDR SERVICE AGREEMENT (Ver 1.5)
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969,303909,301203,234040,234072,428198) (herein referred to as "Ezidebit") to make periodic debits on behalf of the "Business" as indicated on the attached Direct Debit Request (herein referred to as "the Business").
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/We will contact my/our financial institution if I/We are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.
Accordingly, I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:-
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that I/We will contact the Business if I/We wish to alter or defer any of the debit arrangements.
I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/We agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
Credit Card Payments
I/We acknowledge that "Ezidebit" will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business. I/We acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which EziDebit deems necessary) to protect my/our personal information, including (but not limited to) prohibiting the release to or access by third parties without my/our consent.
Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required by law. Further information relating to Ezidebit's Privacy Policy can be found at www.ezidebit.com.au.
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores keeps your personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
I/We authorise:
a) Ezidebit to verify details of my/our account with my/our financial institution; and
b) my/our financial institution to release information allowing Ezidebit to verify my/our account details
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555
I/We hereby authorise Ezidebit Pty Ltd ACN 096 902 813 (Direct Debit User ID number 165969, 303909, 301203, 234040, 234072, 428198) (herein referred to as “Ezidebit”) to make periodic debits on behalf of the “Business” as indicated on the attached Direct Debit Request (herein referred to as “the Business”).
I/We acknowledge that Ezidebit is acting as a Direct Debit Agent for the Business and that Ezidebit does not provide any goods or services (other than the direct debit collection services to me/us for the Business pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement that I/We have with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of my/our agreement with the Business and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.
I/We acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and I/we will contact my/our financial institution if I/we are uncertain of the accuracy of these details.
I/We acknowledge that is my/our responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution.
Accordingly, I/we acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/we agree that Ezidebit will not be held responsible for any fees and charges that may be charged by either my/our or its financial institution.
I/We acknowledge that there may be a delay in processing the debit if:
(1) there is a public or bank holiday on the day of the debit, or any day after the debit date;
(2) a payment request is received by Ezidebit on a day that is not a banking business day in Queensland;
(3) a payment request is received after normal Ezidebit cut off times, being 3:00pm Queensland time, Monday to Friday.
Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise Ezidebit to vary the amount of the payments from time to time as may be agreed by me/us and the Business as provided for within my/our agreement with the Business. I/We authorise Ezidebit to vary the amount of the payments upon receiving instructions from the Business of the agreed variations. I/We do not require Ezidebit to notify me/us of such variations to the debit amount.
I/We acknowledge that Ezidebit is to provide at least 14 days' notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.
I/We acknowledge that I/we will contact the Business if I/we wish to alter or defer any of the debit arrangements.
I/We acknowledge that any request by me/us to stop or cancel the debit arrangements will be directed to the Business.
I/We acknowledge that any disputed debit payments will be directed to the Business and/or Ezidebit. If no resolution is forthcoming, I/we agree to contact my/our financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, a failed payment fee is payable by me/us to Ezidebit. I/We will also be responsible for any fees and charges applied by my/our financial institution for each unsuccessful debit attempt together with any collection fees, including but not limited to any solicitor fees and/or collection agent fee as may be incurred by Ezidebit.
I/We authorise Ezidebit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Ezidebit and subject to my/our agreement with the Business agree to pay those fees and charges to Ezidebit.
Credit Card Payments
I/We acknowledge that “Ezidebit” will appear as the merchant for all payments from my/our credit card. I/We acknowledge and agree that Ezidebit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the Business as Ezidebit is acting only as a Direct Debit Agent for the Business.
I/We acknowledge and agree that in the event that a claim is made, Ezidebit will not be liable for the refund of any funds and agree to reimburse
Ezidebit for any successful claims made by the Card Holder through their financial institution against Ezidebit.
I/We acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request.
I/We appoint Ezidebit as my/our exclusive agent with regard to the control, management and protection of my/our personal information (relating to the Business and contained in this DDR Service Agreement). I/We irrevocably authorise Ezidebit to take all necessary action (which Ezidebit deems necessary) to protect and/or correct, if required, my/our personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to my/our personal information to third parties in accordance with the Ezidebit Privacy Policy.
Other than as provided in this Agreement or the Ezidebit Privacy Policy, Ezidebit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, to be referred to a debt collection agency for the purposes of debt collection or as otherwise required or permitted by law. Ezidebit's Privacy Policy can be found at http://www.ezidebit.com.au/privacy-policy/
I/We hereby irrevocably authorise, direct and instruct any third party who holds/stores my/our personal information (relating to the Business and contained in this DDR Service Agreement) to release and provide such information to Ezidebit on my/our written request.
I/We authorise:
a) Ezidebit to verify and/or correct, if necessary, details of my/our account with my/our financial institution; and
b) my/our financial institution to release information allowing Ezidebit to verify my/our account details.
Po Box 3327
Newstead, QLD 4006
Ph: (07) 3124 5500 Fax: (07) 3124 5555
DDR Service Agreement (Ver 1.6)
WARNING - Do you really need a loan today?*
It can be expensive to borrow small amounts of money and borrowing may not solve your money problems.
The Government's MoneySmart website shows you how small amount loans work and suggests other options that may help you.
* This statement is an Australian Government requirement under the National Consumer Credit Protection Act 2009.
Moderator
It's great!
- Posted on 01 April 2015 at 08:10AM