1.            THE LOAN

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.            FEES AND CHARGES

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.            REPAYMENTS

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.            APPLICATION OF PAYMENTS

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.            DEFAULT

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.            ENFORCEMENT EXPENSES

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.            COMMUNICATIONS BETWEEN US

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.            FINANCIAL DIFFICULTIES

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.            ELECTRONIC ACCEPTANCE

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.        ASSIGNMENT

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.        SET OFF

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.        MISCELLANEOUS

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.        DEFINITIONS AND INTERPRETATION

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

Things you should know about your Proposed Credit Contract

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.

THE CONTRACT

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.

              2.  How can I get a copy of the final 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.

             3.  Can I terminate the contract?

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.

             4.  Can I pay my credit contract out early?

Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.

             5.  How can I find out the payout figure?

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.

             6.  Can my contract be changed by my credit provider?

1.            THE LOAN

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.            FEES AND CHARGES

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.            REPAYMENTS

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.            APPLICATION OF PAYMENTS

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.            DEFAULT

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.            ENFORCEMENT EXPENSES

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.            COMMUNICATIONS BETWEEN US

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.            FINANCIAL DIFFICULTIES

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.            ELECTRONIC ACCEPTANCE

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.        ASSIGNMENT

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.        SET OFF

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.        MISCELLANEOUS

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.        DEFINITIONS AND INTERPRETATION

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

Things you should know about your Proposed Credit Contract

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.

THE CONTRACT

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.

2.                             How can I get a copy of the final 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.

3.                             Can I terminate the contract?

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.

4.                             Can I pay my credit contract out early?

Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract.

5.                             How can I find out the payout figure?

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.

6.                             Can my contract be changed by my credit provider?