Terms & conditions
Brighte Capital Pty Ltd ACN 609 165 906 provides a low cost, no interest, continuing credit product called ‘BrightePay’. Subject to our approval, you can use your Available Credit to make one or more purchases of approved Goods and Services. You then repay us over time, under a BrightePay Payment Plan that sets out the amount of each repayment for the relevant purchase. As you repay us the money owed to us for a purchase under a Payment Plan, you increase the amount of your Available Credit for making future approved purchases.
Your BrightePay Credit Contract is comprised of these Terms and Conditions and the Payment Schedule for each accepted Payment Plan. Each purchase you make using your Available Credit will be documented within the Payment Schedule for the applicable Payment Plan. If you have questions, call Brighte on 1300 BRIGHTE (1300 27 444 83) or email firstname.lastname@example.org.
TERMS AND CONDITIONS
- YOUR CREDIT CONTRACT
1.1 Your Credit Contract is comprised of these Terms and Conditions and each Payment Schedule that we issue to you from time to time.
1.2 You become bound by your Credit Contract with us once we have accepted your Application and your initial Finance Request. This may occur after you have paid a deposit to a Vendor.
1.3 When you become bound by the Credit Contract we will open an account in your name. We will use the account to debit and credit amounts owing and paid by you under this Credit Contract.
- YOUR CREDIT LIMIT
2.1 The amount of credit that we may agree to provide to you from time to time will be limited by the Available Credit under your Credit Limit at the relevant time.
2.1 Your initial Credit Limit will be set out in the Payment Schedule for the first Payment Plan that we issue to you to confirm our acceptance of your request for credit under that Payment Plan. We may change the amount of your Credit Limit from time to time, in accordance with the procedures allowed for in your Credit Contract. Your changed Credit Limit, if any, may be set out in the later Payment Schedules we issue to you.
2.2 You must keep the outstanding balance of your account within the Credit Limit. In the event that an amount in excess of your Credit Limit is owed to us under this Credit Contract, you must immediately pay us the amount that is owed by you that is in excess of the Credit Limit. You must also separately perform your other payment obligations under your Credit Contract from time to time.
- USING YOUR ACCOUNT
3.1 You may use your Available Credit to obtain advances of credit from us to finance your purchase of approved Goods and Services from Vendors.
3.2 When you wish to obtain an advance from us to facilitate a purchase of approved Goods or Services, your Authorised Representative will need to complete and then submit a Finance Request to us on your behalf.
3.3 Subject to the other terms of this agreement, if we accept your Finance Request for an advance under a Payment Plan, we will make an advance for the amount specified in the approved Payment Plan. The advance will be paid on your behalf to the Vendor named in the Payment Schedule for that Payment Plan. A copy of the Payment Schedule will be provided to you. We will make the advance the subject of a Payment Plan at the time provided for in these Terms and Conditions, or (in our sole and absolute discretion) at the time we later agree with the Vendor. Whenever we make a payment to a Vendor on your behalf under a Payment Plan, we will debit the amount of that advance to your account.
3.4 We may refuse to let you use your account, or your Available Credit, to obtain an advance under your Credit Contract where:
(a) we have not received all of the information or documents we require about you;
(b) the making of the advance would result in you exceeding the Credit Limit;
(c) you are in Default under your Credit Contract;
(d) your account is suspended or where we have cancelled or reduced your Credit Limit or your Available Credit in accordance with our rights under this Credit Contract;
(e) in respect of a requested advance, you have not paid the minimum deposit amount required by the Vendor;
(f) your Finance Request is not compliant with the permitted terms for a Finance Request that we have authorised with respect to the Vendor you are dealing with; or
(g) if we become Insolvent; or
(h) there is any other reason to do so, as determined by us in our sole and absolute discretion.
In any of these situations, access to your Available Credit may be denied or withdrawn without prior notice to you.
3.5 Your account will be debited with, and you agree to pay us:
(a) the amount of each advance we make at your request under a Payment Plan;
(b) the fees and charges that are payable by you from time to time under your Credit Contract; and
(c) any other amount owing to us by you under your Credit Contract.
3.6 In the event of our Insolvency, we will not be liable to make an advance under an accepted Finance Request or a related Payment Plan and neither will any other lender
3.7 Your Authorised Representative will be required to produce identification when requesting a Vendor to provide us with a Finance Request that your Authorised Representative has authorised, or is signing, to request an advance of credit against your Available Credit.
3.8 Vendors may impose additional restrictions on your Authorised Representative’s ability to request their assistance with the completion or submission of a signed or authorised Finance Request.
3.9 We will not be liable to you in any way for any refusal to advance credit to you under a requested Payment Plan or against your Available Credit and we will not be liable for any damage, cost, loss, or expense you may suffer as a consequence of (or in relation to) any refusal on our part to make an advance under a Finance Request that we have not accepted.
- MAKING PAYMENTS
4.1 You must make all repayments described in an accepted Payment Plan we issue to you. Each payment must be made to us at the time stated or provided for in the Payment Schedule of the relevant accepted Payment Plan.
4.2 You must provide us with a valid Direct Debit Request (DDR) or an acceptable recurring payment authority. At all times during the term of this Credit Contract, you must ensure that we hold a valid DDR or recurring payment authority that authorises us to collect or recover from your nominated account all amounts that are due to us from you from time to time under your Credit Contract.
4.3 If your nominated account changes, you must provide us with:
(a) a new and valid DDR for your new nominated account applicable to your new DDR; or
(b) a new recurring payment authority applicable to the approved card that is linked to the new nominated account.
If your applicable payment card, account number or card number changes, you must provide us with a new and valid recurring payment authority where we do not hold a valid DDR from you.
4.4 We may debit your nominated account or applicable payment card, from time to time, with all amounts that become due and payable to us under your Credit Contract.
4.5 We may apply your payments to any amount you owe us and in any order we choose, including towards the payment of outstanding fees or charges before the repayment of scheduled repayment amounts under a Payment Plan.
4.6 All payments made to us, or received by us, in respect of outstanding principal, fees, or charges will be applied by us in reduction of your outstanding liabilities to us.
4.7 You must pay us in Australian currency, in Australia, and make payments in a form acceptable to us. We will give you credit for any payment you make from and including the day we receive the payment, or cleared payment (whichever is the later). Each payment that you make to us that is not made under a DDR or a recurring payment authority, must be accompanied by details of your account and the Payment Plan in respect of which the payment is made.
4.8 We may choose to allow a late payment of an amount that is due to us. A waiver by us in respect of the time for making a particular payment does not affect our rights under this Credit Contract to receive the payment or your obligations to make payment of any other amount on time.
4.9 Where you have repayments due under more than one Payment Plan, and where you have provided a different DDR or recurring payment authority to meet your obligations under one or more different Payment Plans, we may request payment under any of these DDRs and recurring payment authorities for any amount due and payable to us where:
(a) you are in Default under this Credit Contract, including with regard to the payment of an amount that is due and payable to us; and
(b) we have made two or more requests for payment using one of your payment authorities and those attempts have failed and we have not been able to contact you to arrange an alternative payment method.
In such circumstances, you also authorise us to combine one or more Payment Plans and deduct all repayments owing under the combined Payment Plans from the one nominated account or payment card.
- USING OR INCREASING YOUR CREDIT LIMIT
5.1 Your Credit Contract operates as a continuing credit account. If you are approved to borrow up to an approved Credit Limit, you may request to use your Available Credit from time to time to make one or more purchases of Goods and/or Services from our approved Vendors. Each approved purchase and agreement by us to fund that purchase will result in a separate Payment Plan.
5.2 You are required to make scheduled repayments with respect to each Payment Plan. As you reduce the outstanding balance that you owe us under a Payment Plan, the amount of your Available Credit increases.
5.3 We retain full discretion in deciding whether to accept your request for us to advance funds against your Available Credit in respect of a proposed purchase and Payment Plan.
5.4 Despite sub-clause 5.3, we will seek to approve most reasonable requests for credit, for example, when your repayment history is good, all supporting documents are supplied, and our lending and risk criteria are satisfied.
5.5 If we approve funding for a new purchase of Goods and/or Services, we will issue a new Payment Schedule to you to document the new Payment Plan. The new Payment Plan will run concurrently with any other active Payment Plan.
- YOUR WARRANTIES
6.1 You warrant to us that:
(a) the execution, delivery and performance of this Credit Contract, and of any other document executed in connection with this Credit Contract, are within your powers, have been duly authorised, are not in contravention of any law or the terms of your constitution, by-laws or other governing documents, or of any deed, agreement or undertaking to which you are a party;
(b) you are and will, where applicable, remain duly organised, licensed and/or registered, validly existing and in good standing under the laws of the place of your formation, and in every other place in which you are doing business;
(c) you are and will comply with all laws, statutes, regulations and ordinances that relate to your conduct and your business and you promise to hold us harmless from any damages, liabilities, costs, expenses or other harm that we may suffer or sustain arising out of any failure by you to do so;
(d) there is no action, suit, proceeding or investigation pending or, to your knowledge, threatened against or affecting you or any of your assets before or by any court or other governmental authority which, if determined adversely to you, would have a material adverse effect on your financial condition, business or prospects;
(e) you have no reason to believe you may become Insolvent;
(f) if you are a sole trader, you are 18 years or over and a permanent resident of Australia;
(g) If you are a sole trader, you are not an undischarged bankrupt at the time of executing each request for finance under a Payment Plan;
(h) where the Goods the subject of a Payment Plan are to become a fixture on real property, you are the owner or lessee of the property to which the Goods will be fitted, installed or applied;
(i) where the Goods the subject of a Payment Plan are to become a fixture on real property, you have consent from any other property co-owner or the property owner (where relevant);
(j) you will use the Goods as they are intended to be used by the manufacturer, and not in any way which could be dangerous or cause harm;
(k) you have conducted your own due diligence on the Goods or Services and the suitability of the Goods or Services for your purpose;
(l) you will not use the Goods in connection with any illegal activity;
(m) you will make all payments due and payable under a Payment Plan even if you do not have control or possession of the Goods, or if the Goods are not installed or operational;
(n) you will inform the Vendor promptly of any material problem or safety concern with the Goods the subject of a Payment Plan, and will promptly update us on the status of the resolution;
(o) you will inform us promptly if your contact details or nominated account details change;
(p) you will regularly check your communication methods for correspondence from us; and
(q) you will notify us immediately if you become unable to meet your payment obligations under your Credit Contract.
- SELLING THE GOODS OR PROPERTY
7.1 Where the Goods the subject of a Payment Plan are to become (or have become) a fixture on real property, even where you sell the Goods, or any property to which the Goods are attached, you will remain liable to continue to make all repayments that are or become payable under the Payment Plan. As a possible alternative, you can request us to agree to novate your obligations under the relevant Payment Plan to another borrower who we deem appropriate. We are, however, not under any obligation to agree to such a novation of your obligations under the relevant Payment Plan.
7.2 Subject to sub-clause 7.1, your obligations under your Credit Contract continue even when you:
(a) sell the Goods;
(b) move out of a property to which the Goods are attached; or
(c) no longer have the benefit or possession of the Goods for another reason.
Your obligations cease when you have repaid all amounts owing under this Credit Contract and have requested us to close your account.
- AVAILABILITY OF CREDIT & TERMINATION
8.1 We may cancel or reduce your Credit Limit and your Available Credit, or may refuse to pay for Goods the subject of a Payment Plan if:
(a) your account has been fully repaid and has not been used for 24 months;
(b) we become aware of any material fact that makes it commercially undesirable to continue to lend to you;
(c) you have breached any material obligation under your Credit Contract; or
(d) you are in Default.
8.2 You may terminate your Credit Contract at any time by paying out all amounts that you owe us and by requesting that we close your account.
9.1 You are in Default under this Credit Contract if:
(a) you do not meet your payment obligations under a Payment Plan or otherwise under the Credit Contract;
(b) you breach a warranty (in a relevant and material) or any other provision of this Credit Contract;
(c) you, an Authorised Representative or any other person acting on your behalf gives us or has given us materially incorrect or misleading information in connection with this Credit Contract, or we reasonably believe that you, an Authorised Representative or another person has acted fraudulently or illegally in connection with this Credit Contract;
(d) you are or become Insolvent or are declared bankrupt or steps are taken to make you so;
(e) you fail to correct a breach within 14 days after we give you notice to correct the breach;
(f) you are a trustee of a trust and without our prior written consent:
(i) a new trustee is appointed, the trust vests or terminates, or any part of the trust fund is resettled or set aside; or
(ii) the trustee’s right to be indemnified out of the trust fund is restricted in any way; or
(g) you are a partnership and one of your partners becomes insolvent or is declared bankrupt or steps are taken to have the partner declared bankrupt.
9.3 If you are in Default, we may do one or more of the following:
(a) suspend your account and your Available Credit without notice;
(b) give you notice to correct the breach within 7 days;
(c) take any other action available to us at law.
9.2 If you remain in Default, and subject to any applicable law, we may require payment in full of the outstanding balance of your account.
9.3 If you are in Default, enforcement expenses may become payable under this Credit Contract. You must pay us all reasonable enforcement expenses incurred by us, or on our behalf, in enforcing our rights under the Credit Contract against you in order to recover amounts due and payable to us or arising from your Default. To the extent permitted by law, enforcement expenses may include those reasonably incurred by our staff, contractors and service providers. We may debit enforcement expenses to your account. Where enforcement expenses are debited to your account they will be due and payable to us from that time.
- CHANGES TO OR UNDER THIS CREDIT CONTRACT
We may make reasonable changes to or under this Credit Contract at any time without your consent and in accordance with this clause 10.
10.1 Acting reasonably, and without your consent, we may change the terms of your Credit Contract, by changing:
(a) the amount of the Credit Limit as it applies to future advances;
(b) the installment amounts payable under a Payment Plan where we have reason to believe this will assist you or where we elect to do so to meet your request; or
(c) the frequency or time for repayments, or the remaining credit term under a Payment Plan where we elect to do so to meet your request.
Before any such change becomes effective, however, we will notify you of the change in writing no later than 20 days before the change takes effect or as otherwise required by law. We may give this notice in a manner permitted by this Credit Contract.
10.2 We will not change your Credit Contract to introduce an interest charge on the amount outstanding from time to time on your account. We may introduce one or more new fees or charges, provided that they are for a fixed amount and are not percentage based.
- DISPUTE RESOLUTION
11.1 If you believe that we have not complied with this Credit Contract, or if you have a complaint, contact our Customer Service at 1300 BRIGHTE or email email@example.com. We will endeavour to respond to you as soon as possible.
11.2 If we are unable to resolve your complaint to your satisfaction, we will provide you with a written response explaining the reason for our decision.
- LIMITED LIABILITY
12.1 You acknowledge that we have not endorsed any Goods or Services sold to you by a Vendor. We do not warrant or endorse any Vendor and, subject to any applicable laws that provide otherwise, we are not liable for any representation made by the Vendor about any Goods or Services that are supplied to you, or that are financed under your Credit Contract.
12.2 If we are a deemed a ‘linked credit provider’ of a supplier under a consumer law, you may have certain rights against us. Subject to those rights, and any other applicable law, we are not responsible or liable for:
(a) any claims made by a Vendor which you may have relied on;
(b) the performance of the financed Goods or Services, or any installation, servicing, or ongoing maintenance of the Goods;
(c) any loss, harm, or damage resulting from using the Goods or Services, or from the installation or servicing of the Goods; or
(d) if a Vendor or other person refuses to accept or honour BrightePay as a method of payment.
- FEES AND CHARGES
Without limiting your obligations under any other provision of this agreement, you must pay us:
(a) all fees and charges noted on your Payment Schedule; and
(b) any government stamp duty or other government duties.
- GENERAL MATTERS
14.1 If you authorise an Authorised Representative to deal with us in relation to any question you may have regarding your account with us, we will only deal with that Authorised Representative where we are satisfied, in our sole and absolute discretion, that you have sufficiently authorised that person to so deal with us on your behalf. You acknowledge that where we reasonably form the opinion that the relevant person has your authority to deal with us, we are authorised to deal with that person as your Authorised Representative.
14.2 We may enter into this Credit Contract as the agent for an undisclosed principal
14.3 If we do not exercise a right or remedy fully or at a given time, we can still exercise it later at our discretion.
14.4 We are not liable for loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising, a right or remedy other than if we are negligent.
14.5 We may assign, novate, or transfer our rights and / or obligations under this Credit Contract without your consent.
14.6 You cannot assign your account or your rights under this Credit Contract without our consent.
14.7 Notices from us may be electronic or on paper, and can be sent to your last address known to us. Communications from you must be identifiable as having been sent by you and be written in email, written on paper and posted, or (where we agree) oral (including when communicated by phone).
14.8 You must notify us as soon as possible if you change your name, postal address, email address or contact telephone number. We may give you any notice or other document by sending it to your last postal or email address appearing in our records, or by any other means that is not prohibited by law.
14.9 Subject to the terms of this Credit Contract, a provision of this Credit Contract, or a right created under it, may not be waived by us except in writing signed by us.
14.10 We may agree to vary your Credit Contract or defer or waive any of these Terms and Conditions without creating a new Contract.
14.11 Subject to any statutory right of set-off that you may have and which we cannot exclude by agreement, you must make all payments in full and without applying any set-off of any kind.
14.12 We may enter into this Credit Contract as the agent for an undisclosed principal. Where we do so, you consent to the undisclosed principal and ourselves agreeing to terminate this Credit Contract at any future time and to the creation of a new Credit Contract on the same terms between yourself and us, or between yourself and a new undisclosed principal that we reasonably select and that agrees to become the undisclosed principal under the new Credit Contract, and where that occurs:
(a) the obligations of any undisclosed principal under this Credit Contract to you will cease from the time of the termination of this Credit Contract, but you will remain liable under this Credit Contract for the repayment of all amounts then owing by you under this Credit Contract until they are fully paid by you in accordance with the terms of this Credit Contract;
(b) neither we nor any new undisclosed principal will be liable to make any advance under a Finance Request that has been approved under this Credit Contract but not yet advanced, and such approved Finance Request shall be treated in all respects as if it had been made and approved under the new Credit Contract and any consequent advance will then be made under the new Credit Contract in accordance with its terms;
(c) we will act as the agent for any undisclosed principal that is a party to the new Credit Contract; and
14.13 It is your sole responsibility to arrange for the supply and provision of any supporting services required from any utility or other service providers, including for connection to the utilities and services provided by the utilities or service provider, for any Goods installed or supplied to a property where the Goods require additional services for you to receive the benefit of the Goods. An example of a subsequent utility includes arranging for connectivity to the grid and your property via your electricity provider. Such utilities do not form part of this Contract, and do not affect your obligation to repay or the commencement of your repayment obligations under a Payment Plan.
14.14 New South Wales laws govern and apply to this Credit Contract.
Each Guarantor, jointly and severally, guarantees the payment to us of all amounts due payable to us by the Borrower under this Credit Contract and agrees to pay the Guaranteed Money to us on demand.
15.1 Consideration and solvency
Each Guarantor represents and warrants to us that:
(a) the Guarantor has received valuable consideration for providing this guarantee and indemnity;
(b) the Guarantor considers that the Guarantor will benefit by providing this guarantee and indemnity;
(c) this clause 15 constitutes the Guarantor’s legal, valid and binding obligations, enforceable against the Guarantor in accordance with its terms; and
(d) there are no reasonable grounds to suspect that, after entering into this Guarantee, the Guarantor will be unable to pay the Guarantor’s debts as and when they fall due.
15.2 Nature of obligations and enforcement
A Guarantor’s obligations under this Guarantee are principal obligations (and not ancillary or collateral to any other right or obligation) and may be enforced against that Guarantor without our first being required to:
(a) exhaust any remedy against the Borrower or any other person; or
(b) enforce any other guarantee or Security Interest we may hold relating to the Guaranteed Money.
15.3 Continuity and preservation of Guarantor’s obligations
This Guarantee is a continuing guarantee. The Guarantor’s obligations under this Guarantee are absolute, unconditional and irrevocable. The liability of the Guarantor under this Guarantee extends to and is not affected by the grant of any time or indulgence to the Borrower or by any other circumstance, act or omission which, but for this sub-clause 15.3, might otherwise affect the Guarantee or Guarantor at law or in equity, and the Guarantor irrevocably waives any right the Guarantor may have to claim that the Guarantor’s liability has been so affected.
15.4 Limitations on Guarantor’s rights
Until the Guaranteed Money has been irrevocably paid in full, the Guarantor may not have or exercise any rights as surety in competition with us or claim to be entitled (by way of contribution, indemnity, subrogation, marshalling or otherwise) to the benefit of any agreement or document to which we are a party.
15.5 Indemnity in respect of Guaranteed Money
For the consideration mentioned in sub-clause 15.1, each Guarantor unconditionally indemnifies us against, and must pay us on demand, the amount of, any loss that we may suffer because:
(a) any obligations in respect of the Guaranteed Money are unenforceable; or
(b) the Guaranteed Money is not recoverable from the Borrower or is repaid or restored after it has been recovered,
including the amount of any Guaranteed Money (or any money which, if recoverable, would have formed part of the Guaranteed Money) that is not or may not be recoverable.
15.6 Application of the indemnity
The indemnity in sub-clause 15.5 extends to any money that is not recoverable:
(a) because of any legal limitation, disability or incapacity of or affecting the Borrower or any other person;
(b) because any transaction relating to that money was void, illegal, voidable or unenforceable;
(c) whether or not we knew or should have known any of the relevant matters or facts; or
(d) because of any other fact or circumstance.
15.7 General indemnity
Each Guarantor must indemnify us against, and must pay us on demand the amount of, all losses (including loss of profit), liabilities, costs, expenses and taxes that we incur in connection with the administration of, and any actual or attempted preservation or enforcement of, any rights under this Guarantee.
15.8 Demand by the Provider
A demand by us under this Guarantee may be signed by any of our managers or other officers, or by any of our solicitors, and served on the Guarantor at the last address known to us, or served personally on the Guarantor. If posted, with the postage prepaid, the demand will be conclusively taken to have been served in the ordinary course of post but in any event not later than five Business Days after posting.
15.9 Statements by the Provider
A statement by one of our authorised representatives on any matter relating to this Credit Contract (including any amount owing by the Guarantor) is, in the absence of evidence to the contrary, to be treated as correct.
15.10 Execution by less than all parties
This Guarantee binds each Guarantor executing this Credit Contract even if:
(a) one or more of the persons named in this Credit Contract as a Guarantor does not execute this Credit Contract or is not bound or ceases to be bound by this Credit Contract or the Guarantee; or
(b) we do not execute or only subsequently execute this Credit Contract.
15.11 Multiple Guarantors
If a term is used in this Credit Contract to refer to more than one Guarantor, or there is more than one Guarantor, then, unless otherwise specified in this Credit Contract:
(a) an obligation of those Guarantors is joint and several;
(b) a right of those persons is held by each of them severally; and
(c) any other reference to that person, or that term, is a reference to each of those persons separately.
- TRUST PROVISIONS
If you enter into this Credit Contract as a trustee, you represent and warrant that:
(a) the trust of which you are trustee is validly constituted and has not terminated, nor has the date or any event occurred for the vesting of the trust fund;
(b) you are the sole trustee of the trust, you have not given any notice of resignation and no action has been taken to remove you or to appoint an additional trustee of the trust;
(c) you are not in breach of any of your obligations as trustee of the trust, whether under the trust deed or otherwise;
(d) no action has been taken nor is there any proposal or requirement to wind up, terminate, reconstitute or resettle the trust;
(e) if you are a company acting as trustee for the relevant trust, the representations and warranties in clause 6 with regard to you as a company and as a corporate trustee are true and correct;
(f) you enter into this Credit Contract for a proper purpose of the trust;
(g) you have power and authority under the trust deed to enter into this Credit Contract;
(h) this Credit Contract binds you personally and in your capacity as trustee; and
(i) you have the right to be indemnified fully out of the trust property before the trust’s beneficiaries for all liabilities you incur under or in connection with this Credit Contract.
- MEANING OF WORDS
account means any account we open in your name for the purposes of this Credit Contract.
advance includes our payment made to a Vendor in response to your request for finance under an accepted Payment Plan.
Application means your application to us for the provision of credit under a BrightePay Credit Contract.
Authorised Representative means:
(a) if you are a sole trader, you;
(b) if you are a partnership, each of the partners;
(c) if you are a company, any director or company secretary; and
(d) any nominated representative of yours as described in the Details at the commencement of this Credit Contract, or as otherwise agreed in writing from time to time.
Available Credit means the amount of unused credit at the relevant time being the Credit Limit less the balance of your account at that time
balance means the difference between all amounts debited and all amounts credited to your account.
Consumer law includes the Australian Securities and Investments Commission Act 2001 and the Competition and Consumer Act 2010.
Credit Limit is the total amount of credit that, at the relevant time, BrightePay has approved you to borrow under this Credit Contract.
Borrower means the means the Borrower listed as described in the Details at the commencement of this Credit Contract.
Business Day means a day other than a Saturday or Sunday or a public holiday in New South Wales.
Credit Contract means the contract comprising these Terms and Conditions and each of the Payment Plans accepted by us under your credit contract with us.
delivered – any reference to ‘delivered’ with respect to any Goods that must first be installed before you can use the Good means delivered by the Vendor or its agent irrespective of when the Good is installed or connected.
Default has the meaning set out in clause 9.
Finance Request means a request for finance submitted to us by your Authorised Representative in accordance with this agreement and requesting finance from us in order to fund the completion of a purchase by you from a Vendor.
Goods, Services, or Goods and Services means the goods and/or any services purchased by you from a Vendor in circumstances where we have agreed with you or the Vendor to finance your purchase of such goods or services.
Guarantee means the guarantee and indemnity arising under clause 15 when this Credit Contract is signed by one or more Guarantors.
Guarantor means the person (if any) named as the Guarantor in the Details at the commencement of this Credit Contract.
Guaranteed Money means all amounts (including damages) that are payable, owing but not yet payable, or that otherwise remain unpaid by the Borrower to us on any account at any time in connection with this Credit Contract, whether present or future, actual or contingent or incurred alone, jointly, severally or jointly and severally and without regard to the capacity to which the Borrower is liable.
Insolvent means that one or more of the following occurs to a person:
(a) they are (or state they are) an insolvent under administration or insolvent (each as defined in the Corporations Act 2001);
(b) they have a controller appointed, are in liquidation, in provisional liquidation, bankrupt, under administration or wound up or have had a receiver or a receiver and manager appointed to any part of its property;
(c) a compromise, arrangement, assignment, moratorium, or composition is proposed with, or becomes effective in relation to, their creditors or any class of their creditors (in each case, other than to carry out a reconstruction or amalgamation while solvent on terms approved by us);
(d) an application or order has been made (and, in the case of an application, it is not stayed, withdrawn or dismissed within 30 days), resolution passed, proposal put forward, or any other action taken, in each case in connection with them, which is preparatory to or could result in any of the things referred to above;
(e) they are taken (under section 459F of the Corporations Act 2001) to have failed to comply with a statutory demand;
(f) they are the subject of an event described in section 459C(2)(b) or section 585 of the Corporations Act 2001 (or they make a statement from which we reasonably deduce they are so subject);
(g) where they are a natural person, they commit an act of bankruptcy within the meaning of the Bankruptcy Act 1966;
(h) they are otherwise unable to pay their debts when they fall due; or
(i) something having a substantially similar effect to any of the things referred to above happens in connection with them under any law.
nominated account means:
(a) your nominated bank account that is the subject of a direct debit authority; or
(b) your approved card account with a financial institution that is the to be debited under the recurring payment authority, you provide to us to facilitate your payments to us under this Credit Contract.
payment card means a credit or debit card that we are authorised to debit under an approved credit authority you provide to us.
Payment Plan means an agreement between us that is subject to these Terms and Conditions and otherwise documented in a Payment Schedule we issue to you following our acceptance of your request for an advance under a Payment Plan in order to purchase Goods and/or Services from a Vendor
Payment Schedule means that part of a Payment Plan document that set out, amongst other things, the payments that you are to make to us in respect of an advance made by us under that Payment Plan.
Security Interest means: a security interest that is subject to the Personal Property Securities Act 2009 (Cth); any other mortgage, pledge, lien or charge; or any other interest or arrangement of any kind that secures the payment of money or the performance of an obligation or which gives a creditor priority over unsecured creditors in relation to any property.
Terms and Conditions means this document.
Vendor means a merchant or other vendor that is, at the relevant time, approved by us as a supplier of Goods or Services in respect of which we have agreed to provide finance to suitable customers of that merchant or other vendor.
We, our and us means Brighte Capital Pty Ltd ACN 609 165 906 and its successors and assigns
You and your means the Borrower listed the Details at the commencement of this Credit Contract. If there is more than one of you, each of you is liable for all obligations under the Contract individually and jointly.
You includes your successors and assigns.