Brighte Flex Terms and Conditions
Brighte Agreement - Brighte Flex
Fees* and charges
- Late payment fee: $4.99 per fortnight. Capped at $49.90
*Fees are subject to change, or new fees may be introduced. We will notify you by email at least 20 days before any fee change.
A late payment fee of $4.99 will be charged by Brighte if you miss a repayment. Total late fees are capped at $49.90 per calendar year. This is equal to 10 missed repayments.
You should not pay any more for your goods just because you have chosen to use Brighte Flex over paying with cash, a debit card, credit card or any other payment method. If you are concerned that you have been charged a higher price because you have chosen to use Brighte Flex instead of other payment methods such as cash, a debit card, credit card or direct debit arrangement please discuss the matter with us to see whether we can satisfactorily resolve your concerns. You can tell us your concerns by calling us on 1800 BRIGHTE or email: complaints@brighte.com.au
BRIGHTE FLEX TERMS & CONDITIONS
YOUR CREDIT CONTRACT
1.1. You become bound by your Credit Contract with us once we accept your loan offer. Your Credit Contract is comprised of these Terms and Conditions and the Loan Schedule.
1.2. After the loan offer has been accepted by us, we may refuse to advance the Loan Amount where:
(a) we have not received all of the information or documents we reasonably require about you; or
(b) there is any other reasonable basis for us to do so, having regard to any material or increased risk that would arise from us advancing the Loan Amount.
1.3. We will not be liable to you in any way for any refusal to advance credit to you 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 advance the Loan Amount to a Vendor.
1.4. When you become bound by the Credit Contract we will open an Account in your name. Your Account will be debited with, and you agree to pay us:
(a) the Loan Amount;
(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.
1.5. We will advance the Loan Amount on your behalf to the Vendor named in the Loan Schedule. We will make the advance on the next Business Day after we are informed by the Vendor that the Goods or Services have been provided, delivered and/or installed (as required under your contract with the Vendor), or (in our sole and absolute discretion) at the time we agree with the Vendor. When we make a payment to a Vendor on your behalf, we will debit the amount of that advance to your Account.
MAKING PAYMENTS
2.1. You must pay us the repayment described in the Loan Schedule. If the repayment is due on a day which is not a Business Day, it will be due on the next Business Day.
2.2. 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.
2.3. If your Nominated Account (or any of its details) 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.
2.4. Unless we agree otherwise, we may, acting reasonably, apply your payment 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 the Loan Amount.
2.5. 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.
2.6. You must pay us in Australian currency, in Australia, and make payments in a form acceptable to us. If you make a payment that is not made under a DDR or a recurring payment authority, the payment must be accompanied by details of your Account in respect of which the payment is made.
2.7. 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.
FEES AND CHARGES
3.1. Without limiting your obligations under any other provision of this Credit Contract, you must pay us:
(a) all fees and charges noted in the Loan Schedule; and
(b) any government stamp duty or other government duties.
YOUR WARRANTIES
4.1. You warrant to us that:
(a) you are 18 years or over and a permanent resident of Australia;
(b) you are currently employed and working more than 25 hours a week or receiving an aged or veterans’ pension;
(c) you are not an undischarged bankrupt and you have no reason to believe you may become Insolvent at the time of executing this Credit Contract;
(d) where the Goods the subject of this Credit Contract are to become a fixture on real property, you are an owner of the property to which the Goods will be fitted, installed or applied;
(e) 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;
(f) you have conducted your own due diligence on the Goods or Services and the suitability of the Goods or Services for your purpose;
(g) you will not use the Goods in connection with any illegal activity;
(h) you will inform the Vendor promptly of any material problem or safety concern with the Goods the subject of this Credit Contract, and will promptly update us on the status of the resolution;
(i) you will inform us promptly if your contact details or Nominated Account details change;
(j) you will regularly check your communication methods for correspondence from us; and
(k) you will notify us immediately if you become unable to meet your payment obligation under your Credit Contract.
SELLING THE GOODS OR PROPERTY
5.1. Where the Goods 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 make the repayment that is or becomes payable under this Credit Contract. As a possible alternative, you can request us to agree to novate your obligations under this Credit Contract to another borrower who we deem appropriate. We are, however, not under any obligation to agree to such a novation of your obligations.
5.2. Subject to sub-clause 5.1, 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.
5.3. Your obligations cease when you have repaid all amounts owing under this Credit Contract.
DEFAULT
6.1. You are in Default under this Credit Contract if:
(a) you do not meet your payment obligation under this Credit Contract and you do not remedy that default within 7 days;
(b) you breach a warranty (in a relevant and material way), and where the breach is capable of correction, you do not correct the breach with 14 days after we give you notice to correct the breach;
(c) you or a person acting on your behalf gives us or has given us materially incorrect or misleading information in connection with this Credit Contract and where, acting reasonably, we would not have entered into this Credit Contract if the correct information had been provided to us;
(d) we reasonably believe that you or another person has acted fraudulently or illegally in connection with this Credit Contract;
(e) you become Insolvent or are declared bankrupt or steps are taken to make you so; or
(f) you have breached a material provision of this Credit Contract and have failed to correct a breach within 14 days after we give you notice to correct the breach.
6.2. If you are in Default, we may do one or more of the following:
(a) subject to any applicable law, require payment in full of the Balance; and/or
(b) take any other action available to us at law.
6.3. 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.
6.4. In addition to our rights in clause 6.2 and 6.3, If you are in Default under sub-clause 6.1(a), we may seek to collect or recover from your Nominated Account the outstanding amount you owe under this Credit Contract (which may include any Late Payment Fee(s))
NO CHANGES TO OR UNDER THIS CREDIT CONTRACT
7.1. We will not change your Credit Contact to introduce an interest charge on the amount outstanding from time to time on your Account.
DISPUTE RESOLUTION
8.1. 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 customercare@brighte.com.au. We will endeavor to respond to you as soon as possible.
8.2. 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.
8.3. If you are not satisfied with our resolution to your complaint, you may contact the Australian Financial Complaints Authority:
Australian Financial Complaints Authority
GPO Box 3, Melbourne Victoria 2001
Telephone: 1800 931 678
Email: info@afca.org.au
Web: afca.org.au
LIMITED LIABILITY
9.1. 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.
9.2. 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 [insert name of product] as a method of payment.
10. GENERAL MATTERS
10.1. If you authorise a third party to deal with us in relation to any question you may have regarding your Account with us, we will only deal with that third person 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 representative.
10.2. If we do not exercise a right or remedy fully or at a given time, we can still exercise it later at our discretion.
10.3. 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.
10.4. We may assign, novate, or transfer our rights and / or obligations under this Credit Contract without your consent.
10.5. You cannot assign your Account or your rights under this Credit Contract without our consent.
10.6. 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).
10.7. 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.
10.8. 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.
10.9. We may agree to vary your Credit Contract or defer or waive any of these Terms and Conditions without creating a new Credit Contract.
10.10. 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.
10.11. 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 obligation under this Credit Contract.
10.12. At Brighte, we value innovation and strive to understand our customers’ needs to provide the best service. To facilitate this, you agree that we may request access to current and historical metering data from your electricity provider on your behalf. You will provide us with any further consents or additional details we request to allow us to access this data (including account number, national metering identifier and meter number). Metering data will be collected, used and disclosed in accordance with our Privacy Policy.
10.13. New South Wales laws govern and apply to this Credit Contract.
11. MEANING OF WORDS
11.1. Account means any account we open in your name for the purposes of this Credit Contract.
11.2. Balance means the difference between all amounts debited and all amounts credited to your account.
11.3. Consumer Law includes the Australian Securities and Investments Commission Act 2001 (Cth) and the Competition and Consumer Act 2010 (Cth).
11.4. Business Day means a day other than a Saturday or Sunday or a public holiday in New South Wales.
11.5. Credit Contract means the contract comprising the Loan Schedule and these Terms and Conditions.
11.6. Default has the meaning set out in clause 6.
11.7. 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.
11.8. Insolvent means being an insolvent under administration or insolvent or having a controller appointed (such as defined in the Corporations Act 2001 (Cth)) such as being bankrupt, in receivership, in receivership and management, in liquidation, under administration, wound up, subject to any arrangement, assignment or composition, protected from creditors under any statute, dissolved (other than to carry out a reconstruction while solvent) or otherwise unable to pay debts when they fall due.
11.9. 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.
11.10. Payment Card means a credit or debit card that we are authorised to debit under an approved credit authority you provide to us.
11.11. Terms and Conditions means this document.
11.12. 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.
11.13. We, our and us means Brighte Capital Pty Ltd (ABN 74 609 165 906) and its successors and assigns.
11.14. You and your means the Borrower(s) listed on the Loan Schedule and includes your successors and assigns. If there is more than one of you, each of you is liable for all obligations under the Credit Contract individually and jointly.