SMARTCASH LIMITED

FACILITY TERMS AND CONDITIONS

SMARTCASH LIMITED FACILITY TERMS AND CONDITIONS

A loan from SMARTCASH should not be used for long-term or regular borrowing and is only suitable to
address temporary, short-term cash needs.

It is important that you fully understand our terms and conditions and procedures before signing this document or drawing down any funds.

1. This contract is a loan for the period specified in the attached Loan Schedule.

Interest rate

2. The interest rate on this facility is 0.134% daily (49% AIR), as set out in the loan schedule.

Credit Fees

3. The fees for this facility, as set out in the Loan Schedule, are: 

• Loan establishment fee:                                  $55
• Processing fee:                                                  $5 for each payment processed
• Same day deposit fee (if applicable):           $10
• Wage deduction fee (if applicable):              $20
• Credit check fee (if applicable)                      $15
• Default fee (if applicable):                               $30
• Rescheduling fee (if applicable):                   $20

Payment

4. This loan is conditional on you completing the direct debit form included with this contract. You agree not to cancel or alter the terms of the direct debit authority while the loan is outstanding.

5. The account name and number for payment is:

            Smartcash Limited, ASB, Account No. 12 3075 0003971 00

Contact

6. You consent to notices being sent to you by email, text and by post. You consent to us contacting you on the telephone number/s you have provided.

Early repayment

7. You have the right to repay the facility at any time before the expiry date in accordance with the terms of this facility. Please contact us to obtain the amount owing on your loan.

Change to contract

8. No changes to this contract shall be made without our prior agreement. We shall not make any changes to this contract without giving prior notice to you.

9. Any change to a payment amount as specified in your loan contract that we agree with you after you receive your loan funds will incur a processing fee of $20 for each change made.

10. When necessary, you authorise us to correct any error in your loan application relating to your repayment details e.g. the date of receipt of your salary from your employer. We will notify you by email of any changes to your payment dates and amounts.

Extension and variations of credit term

11. This Loan Facility may be extended or varied with the agreement of both parties. All extensions and variations are at our sole discretion and will be confirmed to you by a message to one of more of: your email address, your mobile telephone via SMS, by fax or by post. We will promptly update the details of your Loan Schedule for any such extension and variation and we will notify you accordingly.

Default

12. You will be in default of this agreement (including the conditions of the facility) if:

a. you fail to pay the full amount of the facility by the expiry date, or otherwise fail to make a payment, as per the amount specified in your Loan Schedule, on its due date;

b. you breach this facility;

c. you become deceased, insolvent or you are declared bankrupt, or you apply for other relief from creditors;

d. you cease employment with your current employer.

13. In the event of default, i.e. you do not repay your loan on the agreed terms; you agree we can enforce any or all of the options available to us, including:

a. a fee of $30 if an agreed scheduled payment defaults;

b. charge the daily interest rate specified in your loan contract on the outstanding principal sum and fees from after the loan expiry date until the loan is repaid in full;

c. change the size of your repayments and/or the term of your facility;

d. apply your wage deduction authority by forwarding it to your employer;

e. lodge a default with a credit reporting agency;

f. pass your debt to a debt collection agency. The debt collection agency costs are payable by you direct to the debt collection agency;

g. charge you the reasonable fees we incur with our lawyer to recover any of the balance outstanding;

h. terminate your facility and close your account. 

Disclosure

14. Our costs that you must pay are as set out in this contract. Our costs that you must pay (on or before the expiry date) include our reasonable costs in arranging, administering (including giving and considering consents, variations, discharges and releases, producing title documents, or enforcing, attempting to enforce or taking any other action in connection with our rights) and terminating any facility with us. We are required by law to provide you with periodic statements and certain other disclosures and notices ("Subsequent Disclosures"). These can be supplied to you either electronically or in hard copy form.

15. By signing below, you agree that this contract and the subsequent disclosures will be provided to you electronically under the Electronic Transaction Act 2002 and that this satisfies any relevant requirements under the Credit Contracts and Consumer Finance Act 2003.

16. By signing below, you further acknowledge that you are able to electronically access the Smartcash site (www.smartcash.co.nz) to view and print the periodic statements and other subsequent disclosures we will be providing to you in connection with your Smartcash credit account and facility. In order to access, view and retain subsequent disclosures in electronic form, you must have a computer with internet access.

The minimum system requirements for accessing our website include software that supports 128-bit security encryption and a recent version of Adobe Reader®.

17. Your agreement to receive subsequent disclosures from us in electronic form does not mean you cannot obtain a paper copy of any such disclosure or notice. You may request such a paper copy by contacting Smartcash Customer Support, PO Box 9168, Auckland 1149. If you do, we will send subsequent disclosures in printed form to the most current address we have for you in our records.

18. By signing below, you acknowledge receipt of the Terms and Conditions governing your Smartcash credit account and facility, and that you have read and agreed to these Terms and Conditions.

Privacy details

19. You agree that pursuant to the Privacy Act 2020, you consent to the collection, use and disclosure of your personal information for the following purposes:

a. verifying any personal information provided by you with third parties. Where you have provided driver licence information, this information may be disclosed to a credit reporting agency and verified with the NZ Transport Agency;

b. carrying out credit checks on you with a credit reporting agency;

c. obtaining information about you from a credit reporting agency relating to the provision of credit to you;

d. debt recovery including appointing an agent to collect any outstanding debts and listing defaults with a credit reporting agency;

e. checking the Ministry of Justice fines database for any overdue fines you may have. This check may be carried out by a credit reporting agency, which will require the search results being disclosed to the credit reporting agency.

20. You acknowledge and understand that any credit reporting agency to whom your personal information is disclosed to may:

a. hold that information on their credit reporting database;

b. use that information for the purpose of providing credit reporting services or for any other lawful purpose;

c. disclose that information to their subscribers for the purpose of credit checking or debt collection or for any other lawful purpose.

21. You acknowledge that if you have provided driver licence information that the provision of this information was voluntary.

22. You agree that we may obtain information from your employer for the purpose of validating the employment information provided in your application or other credit providers for the purpose of confirming the accuracy of the employment details provided in your application. You agree to sign the letter directed to your employer in the form provided to you authorising deductions from your income on the terms set out in the letter.

23. You further agree that we may obtain from other lenders such information as we deem necessary so that we can discharge our obligation as a responsible lender.

24. You agree to provide us with such information, or to consent to enable us to obtain such information about you, as may reasonably be required for the purpose of discharging our obligations under the Credit Contracts and Consumer Finance Act 2003 and Responsible Lending Code.

25. You will be notified either directly or by public notice as soon as practicable in the event of a breach of your privacy that it is reasonable to believe has caused serious harm to you or is likely to do so. The Privacy Commissioner will also be notified of the breach.

Unforeseen hardship

26. If, because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, you are reasonably unable to meet you obligations under this facility, you may apply to have the terms amended, on the grounds of undue hardship. An application for undue hardship must:

a. Be submitted in writing;

b. Explain your reasons for being unable to meet your repayment obligations, and

c. Propose a solution to remedy the situation.

27. On receipt of your application, we will acknowledge receipt and will notify you of our decision within 20 working days.

28. If you have already made an application for undue hardship within the last four months, you are not entitled to do so again, unless we otherwise agree.

Responsible use

29. Smartcash provides short-term payday loan services. Interest charges are comparatively high, as our loans are not intended for long-term financing. If you need to rely on our services for an extended period of time, it may not be in your interest to borrow through us. A payday loan should be manageable. By signing this contract, you agree that you can afford to make the repayments outlined in the attached Loan Schedule, and that you are not reliant on our services as an ongoing source of cash.

Dispute resolution

30. Name of Dispute Resolution Scheme: Financial Services Complaints Limited

31. It is free to make a complaint to this independent dispute resolution scheme. This scheme can help you to resolve any disagreements you have with the Lender Contact details for dispute resolution scheme: 

    Phone: 0800 347 257 (freephone) or (04) 472 3725
    Website: http://www.fscl.org.nz/
    Business address: Level 4, 101 Lambton Quay, Wellington.

Registration of Financial Service Provider

32. Lender registration name: SMARTCASH LIMITED

33. Registration number: 241185

Budget Advice

34. The Ministry of Social Development provides a budgeting and financial capability helpline called Money Talks. This service is free and confidential. We recommend seeking their assistance if you are having financial difficulties. You can visit Money Talk’s website, phone them on 0800 345 123 or email them at help@moneytalks.co.nz. Other budgeting services are:

fincap.org.nz

Citizen’s Advice Bureau

sorted.org.nz 

Conditional approval

35. This loan is conditional upon final approval by Smartcash Ltd, which may be refused for any reason.      

DEFINITIONS

“Amount” includes the whole or each part.

“Balance outstanding” means the total amount owed by you on a facility, including all principal, finance charges, fees, and charges of any kind.

“Business day” means a trading day on which registered banks trade, ending at 11.59pm on that day.

“Costs” includes all charges and expenses reasonably incurred by us as a result of you breaching this contract.

“Document” includes this document, all related documents, and any variation or replacement.

“Expiry date” means the final payment date specified in the section headed “Payments” in the attached Schedule of Loan Particulars and Conditions.

“Facility” means each loan that is approved and provided to you. It includes any reference to “loan agreement”, “loan”, “contract”, “loan schedule”, or any combination of these.

“Law” means common law, principles of equity and laws made by Parliament (and any consolidations, amendments, re-enactments or replacements of them).

“Outstanding loan fees” means all finance charges, fees and charges of any kind other than the amount of the loan made to you.

“Prepayment” means the repayment of all or part of a facility before its expiry date.

“We, our or us” means Smartcash Limited (Company Number 3935380) and its successors and assigns.

“You” means the person or persons named as “borrower” in the loan contract. If there is more than one person so named, “You” means each of them separately and every two or more of them jointly. “You” includes your executors and administrators and successors and assigns.

Initial unpaid balance, drawdown date, credit limit, interest rate, subsequent disclosures, term and total amount to be repaid have the meanings as they apply in the facility.

The singular includes the plural and vice versa.

PLEASE NOTE:

This loan is intended only to meet short-term cash requirements. It is not intended for long-term financing. The cost of this loan may be higher than the cost of loans offered by other lending institutions. If you are not certain that you can afford this loan, then you should not sign this contract.

I ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS IN THIS LOAN CONTRACT AND AGREE TO BE BOUND BY THEM.

SIGNED this day of

Signature ________________________________

Name: __________________________________