1. Vehicle Hire
1.1 We agree to rent to you the Vehicle on the terms and conditions set out in this Agreement.
1.2 This Agreement shall commence on the Commencement Date and continue until it is terminated in accordance with this Agreement or at law.


2. Pre-Conditions
2.1 It is a pre-condition to you hiring the Vehicle that:

(a) you provide us with all the documents and information we request from you, in a form satisfactory to us, to determine if this Agreement is suitable for you;
(b) you sign and provide to us all the documents we require you to sign;
(c) you pay all fees that you are required to pay before you take possession of the Vehicle; 
(d) we acquire legal title to the Vehicle; and 
(e) we receive evidence that the Vehicle is registered, insured and roadworthy.

2.2 Notwithstanding that you may have signed this Agreement, if all of the pre-conditions set out in this clause are not met, this Agreement shall be terminated with immediate effect.


3. The Vehicle
3.1 The details of the Vehicle, including the make, model and year of manufacture, are set out in the Schedule. 
3.2 You agree and acknowledge that:

(a) at all times during the term of this Agreement, we are the owner of the Vehicle and it is our property notwithstanding the fact that:
(i) the Vehicle has been delivered to you and you are in possession of the Vehicle; or
(ii) the Vehicle may be registered in your name;
(b) you only have a right to use the Vehicle during the term of this Agreement; 
(c) following approval under clause 7.2(i), any modifications, enhancements or the replacement of parts to the Vehicle during the Term become part of the Vehicle and become our property;
(d) if requested, you must allow us to put plates, stickers or marks on the Vehicle to identify the Vehicle or state that we own the Vehicle.
(e) you must not deal with or attempt to deal with our ownership of the Vehicle without our prior written consent including assigning, subletting, pledging or created a security interest over the Vehicle.

3.3 You must tell us in writing if any third party makes a claim in connection with the Vehicle which is inconsistent with your or our rights and interest in the Vehicle.


4. Delivery of the Vehicle
4.1 We will deliver the Vehicle to you by:

(a) making it available to you at our premises; or
(b) delivering the car to your nominated address.

4.2 Upon delivery of the Vehicle, you are responsible for ensuring that the Vehicle is the Vehicle you intended to hire and that it is in a good condition.
4.3 If the Vehicle does not meet the specifications requested by you, you must notify us in writing within two (2) days of delivery and detail which specifications are not correct. If you do not advise us within this time period, you will be deemed to have accepted the Vehicle as is.
4.4 You will be deemed to have taken possession of the Vehicle when:

(a) we deliver the Vehicle to you pursuant to clause 4.1;

(b) we provide you with the keys to the Vehicle; or
(c) you sign a Delivery Acknowledgement Form.

4.5 All risk in the Vehicle transfers to you at the time and on the day you take possession of the Vehicle. 
4.6 If we deliver the Vehicle to you in accordance with clause 4.1(b), unless otherwise agreed in writing, you bear all risk in the delivery of the Vehicle and you will be responsible to pay all costs in connection with the delivery of the Vehicle.


5. Vehicle Location 
5.1 You agree that the Vehicle shall be permanently garaged at the Garaged Address as set out in the Schedule.
5.2 For the avoidance of doubt, the Vehicle is permanently garaged at a given address if it is garaged at that address for 3 months or more.
5.3 If the Vehicle is not in your possession for more than seven (7) days, you will, on request, provide us with any information we request regarding the location of the Vehicle.


6. Drivers
6.1 You agree and acknowledge that:

(a) only you or a Nominated Driver will drive the Vehicle; 
(b) you and any Nominated Driver hold a current and valid licence to drive the Vehicle; and
(c) you are responsible for the acts and omissions of any Nominated Driver.


7. Use of the Vehicle
7.1. At all times during the Term, You must:

(a) only use the Vehicle for personal or own business use;
(b) only use the Vehicle in accordance with the manufacturers’ specifications;
(c) maintain the Vehicle to ensure that it is in a safe and roadworthy condition;

(d) ensure the Vehicle is serviced at the times and in the manner we require; and
(e) pay for all tolls, fuel, infringement notices (including any infringement administrations fees). 

7.2 You must not:

(a) use, or allow any other person to use, the Vehicle if it is unsafe, unroadworthy or has any damage which may render the Vehicle unsafe;
(b) carry or allow the Vehicle to carry, more passengers than may be properly accommodated by the seat belt restrains provided in the Vehicle;
(c) use the Vehicle tow any other vehicle, trailer or boat unless the Vehicle has been fitted with a towbar (professionally installed) and where the tow load is not greater than the manufacturers’ specifications;
(d) use the Vehicle to transport persons or goods for hire or reward;
(e) be under the influence of alcohol or drugs in excess of the legal limit in the State or Territory in which the Vehicle is driven;
(f) use, or allow the Vehicle to be used, for any illegal or improper purpose or use the Vehicle in any race, rally or other motor sport;
(g) remove, alter, change or damage any plates, stickers or marks which relate to the registration, name or identification of the Vehicle;
(h) tamper with, disconnect, or wilfully damage the Monitoring Device;
(i) undertake any modifications, enhancements or the replacement of parts to the Vehicle during the Term without our prior written consent;
(j) use the Vehicle or allow the Vehicle to be used on unsealed roads, beaches, terrain and the Vehicle must not be taken on ferries or barges.


8. Maintaining the Vehicle
8.1 You must take proper care of the Vehicle at all times during this Agreement and keep it in good working order and in good repair (fair wear and tear except).
8.2 You are responsible, at your expense, for the regular servicing of the Vehicle which at a minimum shall be a service every 15,000 kilometres or every 6 months, whichever occurs first.
8 .3 In the event that the Vehicle requires parts to be replaced, you must ensure that parts will be replaced with comparable parts of the same standard.   
8.4 You must keep records of all maintenance and services carried out on the Vehicle and provide a copy of those records to us if we request.
8.5 You are responsible to ensure the Vehicle is registered at all times during the Agreement. Where we agree to pay the rego the registration on the Vehicle during the term, you may provide us with the registration document together with a receipt for reimbursement or provide us with the registration document for direct payment.

9. Access to the Vehicle
9.1 You must allow us or our representative, at reasonable times and on reasonable notice (except where we reasonably consider you are in default or the Vehicle is at risk) to enter the property where the Vehicle is located to:

(a) inspect the Vehicle;
(b) check whether the terms of this Agreement are being complied with; or
(c) exercise any of our rights under this Agreement.

9.2 We must give you prior notice of entry unless we reasonably believe that this could materially affect our rights in relation to the Vehicle.


10. Vehicle Insurance
10.1 You must insure the Vehicle at all times against:

(a) loss or damage caused by fire, theft or accident, commonly referred to as comprehensive insurance, for no less than the termination value of the goods (or such other amount as agreed by us); and
(b) liability for bodily injury or damage to property, commonly referred to as compulsory third party insurance.

10.2 Insurance must:

(a) be with an insurer registered with the Australian Prudential Regulatory Authority and on terms that are satisfactory to us; and
(b) note our interest as owner of the Vehicle (or it we act as the agent for the owner of the Vehicle then the owner of the Vehicle).


10.3 You must not:


(a) do anything or fail to do anything which would allow the insurer to refuse or reduce a claim; 
(b) vary, cancel or materially alter the insurances without our consent; or
(c) enforce, conduct, settle or compromise any claim without our consent.

10.4 Where a claim is made under an insurance policy relating to the Vehicle, you agree to subrogate your rights under any insurance policy to us.
10.5 You must produce evidence of insurance within 14 days of receipt of the insurance policy documentation.

11. Loss or damage to the Vehicle
11.1 Notwithstanding our ownership in the Vehicle, you are responsible for and bear the entire risk for loss or damage to the Vehicle in connection with the possession, use, storage, maintenance, seizure, and repair of the Vehicle. This includes loss or damage arising out of theft, destruction, or injury claims.
11.2 You must notify us if the Vehicle is:

(a) stolen;
(b) lost;
(c) seized;
(d) destroyed; or
(e) damaged to such an extent that you or the insurer decide that repair is impractical or uneconomical.

11.3 If any of the circumstances set out in clause 11.2 arise:


(a) you must notify us within 24 hours of becoming aware of that circumstance;
(b) if requested by us, provide us with a written report of the circumstances which gave rise to the event; and
(c) if requested by us, provide us with photographs of the damage.


12. Vehicle Monitoring
12.1 You agree and acknowledge that a GPS Tracking and Disabling Device (the Monitoring Device) has been installed in the Vehicle and you consent and agree to the installation of the Monitoring Device.
12.2 You agree not to tamper with or cause the Monitoring Device to be tampered or interfered with during the Term.
12.3 You agree to notify and alert us promptly if the disabling function of the Monitoring Device has disabled the Vehicle in circumstances when:

(a) you reasonably believe you are not in default under this Agreement; or
(b) the Vehicle is parked in a location where its presence is likely to cause damage to property (including the Vehicle) or injury to persons.

12.4 If we receive notice from you that the disabling function of the Device has been activated and that the Vehicle is in a location where its presence is likely to cause damage to property (including the motor vehicle itself) or injury to persons, we will either:

(a) send you the relevant code to enter into the Device; or
(b) send a signal directly to the Device
which will enable the Vehicle to be restarted so that it can be moved away from the location where its presence is likely to cause damage or injury.

12.5 You agree to hold us harmless and indemnify us against all claims, liability, loss (including economic loss and loss of opportunity), damage to property, injury to persons, expenses, or any loss whatsoever arising directly or indirectly from the operation of the disabling function of the Monitoring Device when you:

(a) are in arrears or in default under this Agreement;
(b) have caused or allowed the Monitoring Device to be damaged, altered or interfered with; or
(c) have failed to notify us that the Vehicle is parked in a location where its presence is likely to cause damage to property (including the motor vehicle) or injury to persons.

12.6 We will only operate and activate the disabling functions on the Monitoring Device:

(a) if we receive a signal from the Device that it has been damaged, altered or otherwise interfered with;
(b) should you fail to make any payment due under this Agreement on time and in full;
(c) following a warning and notice (which may be by email, SMS or telephone call), from us that we will be operating and activating the disabling function of the Monitoring Device.

12.7 If the Vehicle has been disabled and we allow the Vehicle to be restarted, we will send a signal to the Monitoring Device to allow the Vehicle to be restarted, once we are reasonably satisfied that:

(a) all overdue payments have been made; 
(b) satisfactory arrangements are in place for payment of any arrears; or
(c) you have a reasonable explanation for any damage or alteration to the Monitoring Device and the Monitoring Device has been repaired.


13. Return of the Vehicle 
13.1 Unless you exercise your option to purchase the Vehicle in accordance with clause 15, you must the return the Vehicle to us by the End Date.
13.2 Notwithstanding clause 13.1, you may return the Vehicle to us at any time prior to the End Date. In the event you choose to return the Vehicle before the End Date, you agree:

(a) that all Rental Instalments made under this Agreement shall be deemed payment for the use of the Vehicle up to the date the Vehicle is returned and no refunds shall be made;
(b) the End Date shall be taken to be the day you returned the Vehicle;
(c) to comply with all the provision in this clause relating to the return of the Vehicle;
(d) that we will carry out an assessment of the Vehicle and notify you of any additional fees or charges (including any fees or charges associated with damage to the Vehicle);
(e) we will prepare a final account having regard to any Rental Instalments paid in advance, any Rental Instalments outstanding and any other fees and charges payable by you.

13.3 You agree that, on the day you return the Vehicle to us, you will:

(a) return the Vehicle to us in a roadworthy condition, in good working order and in good repair (fair wear and tear excepted) at a place we nominate;
(b) return to us all keys;
(c) give us any certificates of registration, insurance certificates of currency, logbooks, instruction and service manuals and all other documents relating to the Vehicle together with a signed transfer of the certificate of registration in favour of us or a person we nominate; 
(d) pay to us all outstanding fees and payments (which may include the final Rental Instalment) under this Agreement.

13.4 You acknowledge that, upon return of the Vehicle to us, possession of the Vehicle passed to us and we may, in our absolute discretion, sell the Vehicle, lease the Vehicle to another person or otherwise deal with the Vehicle as we determine.


14. Non-return of the Vehicle 
14.1 If you do not return the Vehicle to us on the End Date, we may, at our discretion, either:

(a) allow you to continue to hire the Vehicle; or
(b) collect the Vehicle.

14.2 If you continue to hire the Vehicle, this Agreement will continue as if the End Date had not occurred, and the Agreement will continue on a periodic basis.
14.3 For the purpose of 14.2, each period shall be the length of time between each Rental Instalment payment (the Rental Instalment Period). 
14.4 You must continue to pay Rental Instalments for each Rental Instalment Period until the Vehicle is returned or purchased.
14.5 If you return the Vehicle during a Rental Instalment Period, you must still pay us the whole Rental Instalment for that Rental Instalment Period. For the avoidance of doubt, we will not refund or prorate any part of a Rental Instalment for the relevant Rental Instalment Period.
14.6 During the period this clause operates, either of us can give a notice to the other, at any time, that the Vehicle be returned, and this Agreement is terminated. Once either of us gives that notice:

(a) you must return the Vehicle to us by the next Rental Instalment payment date;
(b) you will comply with and do all things required of you in clause 13.3. 

14.7 If we choose to collect the Vehicle pursuant to clause 14.1(b):

(a) you will not do anything to prevent us from taking possession of the Vehicle;
(b) you acknowledge that we may operate and activate the Monitoring Device to disable the Vehicle;
(c) you will comply with and do all things required of you in clause 13.3. 

15. Purchasing to Vehicle
15.1 You may terminate this Agreement and purchase the Vehicle from us at any time by:

(a) giving us at least ten (10) Business Days’ written notice that you wish to purchase the Vehicle; and
(b) pay to us:
(i) all Rental Instalments which are still to fall due (including the final payment); 
(ii) all other amounts owing by you under this Agreement; and
(iii) the purchase amount;

15.2 When you pay us the amounts in clause 15.1 and if you have done everything you should have done under this Agreement, title to the Vehicle will pass to you on an “as is – where is” basis and without any representation or warranty from us as to title, condition, or any other matter.

16. Payments
16.1 You must pay the Rental Instalments in the amounts and on the dates set out in the Schedule.
16.2 You agree to make the Rental Instalments via direct debit and consent to us deducting the Rental Instalments and any other fees payable under this Agreement from your nominated bank account.
16.3 If your Rental Instalment is due on the 29th, 30th or 31st of a month and a particular month does not have that date, you must pay your Rental Instalment on the last day of that month.
16.3 When we ask, you must pay our fees and charges as set out in the Schedule, including all duties, fees, taxes and charges payable in connection with:

(a) the delivery of the Vehicle;
(b) the setup and administration of hiring the Vehicle; 
(c) this Agreement, including any changes to or increases in registration fees, insurances, duties, taxes, fees and charges or new fees as notified to you; and
(c) reimbursing us for any payment, receipt, or other transaction we paid on your behalf arising out of this Agreement.

16.4 Any fee stated in the Schedule is not refundable for any reason unless otherwise agreed by us.
16.6 You agree and acknowledge that you are liable to pay the Rental Instalments and all other fees from the Commencement Date until:
(a) the Vehicle is returned to us; or
(b) you purchase the Vehicle from us and pay the purchase amount. 
16.7 You agree that if you do not return the Vehicle to us on the End Date and you have not purchased the Vehicle, you must continue to pay the Rental Instalments until you return the Vehicle or purchase the Vehicle in accordance with this Agreement.
16.8 If the Vehicle is returned to us within seven (7) days of delivery, the setup fee will be refunded to you less an amount equal to the daily rental charge of $50.00. 
16.9 You must not withhold any payment under this Agreement, or make a deduction from it for any reason including because:
(a) the Vehicle is damaged, does not operate, does not confirm to specifications or is not in your possession; or
(b) you claim to have a set-off, counterclaim or other right against us or any other person.

17. Events and Consequences of Default 
17.1 You agree and acknowledge that each of the following is an event of default under this Agreement:

(a) you fail to make any payments in full under this Agreement when due;
(b) you fail to comply with or to perform any term, obligation or condition under this Agreement;
(c) you terminate the direct debit authority used to make payments under this Agreement or it is terminated in any other way without our written consent;
(d) you are in default under any loan, security agreement or any other agreement with any other party to whom you owe money that may affect your ability to perform your obligations under this agreement;
(e) we determine on reasonable grounds that any representation or statement made by you or provided by you to us or on your behalf is false or misleading either now or at the time it was made or provided;
(f) we determine on reasonable grounds that we were induced by fraud into entering into this Agreement with you;
(g) you enter into any deed of arrangement with your creditors or a trustee in bankruptcy, administrator, receiver or liquidator is appointed over your assets pursuant to the Bankruptcy Act or the Corporations Law;
(h) any lien is claimed against your property which is not satisfied within 30 days;
(i) any creditor of yours attempts to take possession of any of your assets pursuant to a lien, charge, mortgage or court order;
(j) judgment is entered against you for an amount of $500.00 or more which is not satisfied within 30 days or stayed pending an appeal;
(k) the Vehicle is abandoned, damaged to such an extent that it is unusable, seized or impounded by any competent authority and not released within 21 days.

17.2 Where an Event of Default has occurred, and the default is capable of being rectified, you must rectify the default within 14 days (regardless of whether we notify you of the Event of Default). If you do not rectify a default capable of being rectified within 14 days or the Event of Default is not capable of being rectified then, we may, at our option:

(a) terminate this Agreement; 
(b) use the Monitoring Device to disable the Vehicle;
(c) perform any one or more of your obligations under this Agreement; 
(d) enforce our security interest; 
(e) take action to enforce performance of this Agreement in a court and recover damages from you; or
(f) take actions to recover the Vehicle. 
Each option set out in this clause is separate and independent of each other option. For the avoidance of doubt, we may choose to do any one or any combination of the options set out in this clause.

17.3 At our option, we may charge you for any costs, expenses or other amounts incurred by us are a result of exercising our rights under this clause 17 including legal costs.
17.4 We may exercise our rights under this clause 17 notwithstanding any omission, delay, neglect or waiver of a right to exercise our option and without liability for loss.

18. Personal Property Securities Law
18.1 You acknowledge that:

(a) by hiring the Vehicle from us, you may be granting us a security interest in the Vehicle (and any proceeds); 
(b) this Agreement may constitute a security agreement; and
(c) we may perfect our security interest by lodging the necessary forms and information on the PPSA register.

18.2 We do not need to give you any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
18.3 You must do anything reasonable required by us to enable us to register our security interest with the priority it requires and to maintain the registration.

19. Indemnities
19.1 You indemnify us against any liability or loss arising from and any reasonable costs (including any amount payable by us in connection with our purchase of the Vehicle, this Agreement, legal fees or expenses other than those caused by our negligence, fraud or wilful misconduct) reasonable incurred in connection with:

(a) our exercising a right under this Agreement;
(b) us doing something you should have done under this Agreement;
(c) you not doing what you should have done under this Agreement;
(d) our having to seize the Vehicle;
(e) our owning the Vehicle (including registering or notifying any person of our, or our principal’s, interest as owner);
(f) a person being injured or killed or property being damaged directly or indirectly by the Vehicle or its use;
(g) any break costs if you terminate this Agreement;
(h) any claim made against us by any party in relations to the Agreement (and you agree to assume responsibility for the defence of any proceedings relating to any such matters if we ask).

19.2 Each indemnity in this Agreement is a continuing obligation, separate and independent from your other obligations. It continues after the Agreement ends or is terminated. It is not necessary for us to incur an expense or make a payment before we can enforce a right of indemnity.

20. Photography and Video Release
20.1 You authorise us to sell or publish any photographs or video of you, the Vehicle or your personal property which is in or on the Vehicle and you release and hold us harmless for the publication of such photographs or videos.
20.2 Where a photograph or video is taken in connection with the Vehicle, You acknowledge that;

(a) we own all copyright in the photographs or videos;
(b) we may receive financial compensation for the sale or publication of the photographs or videos; and 
(c) the photographs or videos may appear on social media, website, magazine or other forms of media;
(d) no right is conferred on you and you will not receive any compensation or royalties in respect of the photographs or videos.
20.3 You release us and our representatives, authorised third parties and employees from liability for any claims by you or any third party in connection with the photographs or videos. 

21. Privacy Information
21.1 At all times, we will handle your personal information in accordance with the Privacy Act (Cth). A copy of our privacy policy is available on our website or you can request that a copy be emailed to you.

22. Dispute Resolution
22.1 If you have any concerns or complaints about this Agreement or the way we are managing our relationship with you, you can contact us by sending us an email or by writing to us.

23. Notices
23.1 Any notices required to be given by law or under this Agreement may be given by hand delivering it to the physical address, post or email noted in the Schedule or to the last known postal address or email address known to us. This provision does not prevent either of us giving a notice in any other way authorised by law.

24. Variations
24.1 We may vary any provision of this Agreement with your prior consent.
24.2 We may also vary any provision of this Agreement without your consent if permitted by law. If we do vary this Agreement without your consent, we will notify you in writing of the change and when it will take effect. This may include a change to our fees.

25. Electronic Communications
25.1 You acknowledge and agree that we may:

(a) send you information that we are obliged to provide you with under any Applicable Laws in electronic format;
(b) send you electronic messages rather than providing paper copies; and
(c) send you documents, including this Agreement, by electronic means for you to sign that document using your digital signature.

25.2 You acknowledge that in giving permission under this clause, you agree to:

(a) use a computer and necessary computer programs and applications in order to send and receive communications and sign documents using electronic means;
(b) have access to the internet in order to interact with us;
(c) regularly check your email inbox and mobile phone; and
(d) notify us of any changes to your email address or mobile phone number.

25.3 You absolve us from any liability or claim if you fail to do any of the things outlined in clause 25.2.
25.4 You may withdraw your permission given under this clause at any time, provided you give us no less than one (1) Business Days’ notice and provide us with your current residential address and contact details at the time you withdraw your permission.

26. General Matters
26.1 This Agreement is governed by the laws in force in the state where you reside on the Commencement Date of this Agreement.
26.2 You agree that we may fill in any blanks in this document or any documents relating to this Agreement including a date.
26.3 To the extent that this Agreement is regulated by consumer legislation, any provisions which do not comply with that legislation have no effect and to the extent necessary, this Agreement is to be read so it does not impose obligations prohibited by that legislation.
26.4 You acknowledge that:
(a) we may be acting as an agent for the owner for the Vehicle;
(b) we may pay third parties a fee for providing services in connection with this Agreement and that the amount of those payments is unascertainable at the date of this Agreement.
26.5 If there are two or more persons name in this Agreement as the hirer, each of you is individually liable and all of you are jointly liable. This means that we may sue any one of you for the total amount you are liable to pay to us. You agree that each hirer can bind the other hirer and each hirer will be liable even though they did not know about or did not agree to the transaction. This means that each one of you can be required to pay the whole amount even though you have some other arrangement between yourselves or not all of you benefit equally.

27. Definitions and Interpretation 
27.1 In this Agreement, unless the context otherwise requires, the following words have the corresponding meaning:
Agreement means this document including any schedules and annexures, as varied from time to time;
Applicable Laws means all applicable statutory and other rules, laws, regulations and instruments in force from time to time including, without limitation, rules or codes stipulated by an authority or body to which any party is subject to from time to time and includes the National Consumer Credit Protection Act, the National Consumer Credit Code, Personal Property Security Act and the Privacy Act;
Business Day means a day that banks are generally open for business in Brisbane, Queensland and excludes any weekend or public holiday;
Commencement Date means the day the Agreement starts as set out in the Schedule or such other date as agreed between the parties;
Delivery Acknowledge Form means the document (which may be in electronic form) we provide to you for you to acknowledge that you have taken delivery of the Vehicle;
End Date means the day this Agreement ends as set out in the Schedule or such other date as agreed between the parties or by virtue of terminating this Agreement;
Event of Default mean each of the events set out in clause 17.1;
Garaged Address means the address which is the usual address you will keep the Vehicle;
Monitoring Device means the GPS tracking and monitoring device which has been installed and fitted to the Vehicle;
Nominated Driver means a person, in addition to yourself, who is authorised to drive the Vehicle during the Term;
PPSA means the Personal Property Security Act (Cth);
Rental Instalments means the rental instalments are you are required to pay under this Agreement in the amount and on the dates as set out in the Schedule;
Schedule means the Financial Schedule attached to and forming part of this Agreement;
Term means the terms of Agreement starting on the Commencement Date and ending on the End Day;
Vehicle means the vehicle as described in the Schedule;
We, Us or Credit Provider means the credit provider as described in the Schedule;
You, your or Hirer means the hirer as described in the Schedule.

27.2 In this Agreement, unless the context otherwise requires:

(a) a reference to a gender includes every gender;
(b) a reference to the singular includes the plural number and vice versa;
(c) a reference to a person includes corporations;
(d) references to numbered clauses, paragraphs and schedules are references to the relevant clause, paragraph or schedule to this Agreement;
(e) an obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(f) the word "including" (and related forms including "includes") shall be understood as meaning "including without limitation”.
(g) a reference to a law is a reference to that law as amended, consolidated, or replaced; and
(h) a monetary amount is in Australian dollars.


IMPORTANT INFORMATION

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 precontractual statement containing certain information about your contract. The precontractual 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.

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; or
a card or other means of obtaining credit given to you by your credit provider has not been used to acquire goods or services for which credit is to be provided 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 write to 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. You may be charged a fee for the statement.

6. Will I pay less interest if I pay out my contract early?
Yes. The interest you can be charged depends on the actual time money is owing. However, you may have to pay an early termination charge (if your contract permits your credit provider to charge one) and other fees.

7. Can my contract be changed by my credit provider?
Yes, but only if your contract says so.

8. Will I be told in advance if my credit provider is going to make a change in the contract?
That depends on the type of change. For example—
you get at least same day notice for a change to an annual percentage rate. That notice may be a written notice to you, or a notice published in a newspaper.
you get 20 days advance written notice for—
a change in the way in which interest is calculated; or
a change in credit fees and charges; or
any other changes by your credit provider.
Except where the change reduces what you must pay, or the change happens automatically under the contract.

9. Is there anything I can do if I think that my contract is unjust?
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 the Australian Financial Compliance Authority and can be contacted at 1800 931 678, www.afca.orga.au, or GPO Box 3 Melbourne VIC 3001.

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.

10. Do I have to take out insurance?
Your credit provider can insist you take out or pay the costs of types of insurance specifically allowed by law. These are compulsory third-party personal injury insurance; mortgage indemnity insurance or insurance over property covered by any mortgage. Otherwise, you can decide if you want to take out insurance or not. If you take out insurance, the credit provider cannot insist that you use any particular insurance company.

11. Will I get details of my insurance cover?
Yes, if you have taken our insurance over mortgage property or consumer credit insurance and the premium is finances by your credit provider. In that case the insurer must give you a copy of the policy within 14 days after the insurer has accepted the insurance proposal. 
Also, if you acquire an interest in any such insurance policy which is taken out by your credit provider then, within 14 days of that happening, your credit provider must ensure you have a written notice of the particulars of that insurance.
You can always ask the insurer for details of your insurance contract. If you ask in writing, your insurer must give you a statement containing all the provisions of the contract.

12. If the insurer does not accept my proposal, will I be told?
Yes, if the insurance was to be financed by the credit contract. The insurer will inform you if the proposal is rejected.

13. In that case, what happens to the premiums?
Your credit provider must give you a refund or credit unless the insurance is to be arranged with another insurer.

14. What happens if my credit contract ends before any insurance contract over mortgaged property?
You can end the insurance contract and get a proportionate rebate of any premium from the insurer.

15. 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 several 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.

16. What if my credit provider and I cannot agree on a suitable arrangement?
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 18.

17. Can my credit provider take action against me?
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.

18. Do I have any other rights and obligations?
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 the Australian financial compliance authority and can be contacted at 1800 931 678, www.afca.orga.au, or GPO box 3 Melbourne VIC 3001.