Terms and Conditions

Applications made though this website AFTER 1 June 2012 are bound by the following Nimble Terms and Conditions:

 

By making an application through Cashadvance.com.au from 1 June 2012, you accept the following terms and conditions:

 

1. If considered relevant to the assessment of your application for credit; information will be obtained about you from a credit-reporting agency.

 

2. Information from your Employer will be obtained about you. Such information may include the following:
- The nature of your employment – whether you are employed full time, part time, contract or casual
- Length of employment – how long you have been employed with the company for
- Hours of work – how many hours you work for
- Salary – how much you are paid.

 

3. For the purposes of verifying your identity under the Anti-Money Laundering & Counter-Terrorist Financing Act 2006, information about your may be obtained (such as your name, address and date of birth); disclose such information to a credit reporting agency; and consent for the credit reporting agency to use such information, solely for the purposes of making an assessment of whether your information matches information held on your credit information file. Should you not agree to have your identity verified by these means, please contact us so that we can discuss other options with you. ;

 

4. Information about you maybe be provided to our related companies or third parties for marketing purposes:

 

5. Your personal information may be retained or disclosed for any purpose legally required by us to retain or disclose such information, including the legal requirements under the Anti-Money Laundering and Counter-Terrorist Financing Act 2006.

 

6. Information provided by you in your application for credit maybe be used for the purposes of assessing any future application you may make for credit.

 

Applications made though this website BEFORE 1 June 2012 are bound by the following Cash Advance Services Pty Ltd Terms and Conditions:

  1. Approval
    1.1. The Loan Advance is conditional upon Approval being granted. You must provide us with any information or consents we require in connection with this. If Approval is not forthcoming we will notify you and this Credit Contract will be an end.
  2. Borrower Log In
    2.1. Following Approval you will be granted access to log in to the Borrower Log In area to review a copy of this Credit Contract and other related information.
    2.2. You will be given a PIN to enable this. This must not be disclosed to any third party in any circumstances, without our prior written approval.
  3. Loan Advance
    3.1. Following Approval the Loan Advance will be transmitted by direct deposit into a bank account nominated by you.
    3.2. We expressly accept no responsibility for any delay, error, misdirection or failure in the transmission of funds. You must notify us if you experience any difficulties in properly receiving the Loan Advance.
    3.3. You will be liable for all costs, fees or charges, including as rendered by any third parties, in connection with the transmission of funds into your nominated bank account.
  4. Charges
    4.1. You will be liable to pay Charges as and when stipulated in the Schedule, or otherwise upon demand.
  5. Repayment
    5.1 Repayment of the Loan Advance must be made as and when stipulated in the Schedule. We may allow an extension of the final repayment date (confirmation in writing from us is required) though the absolute maximum duration of any Loan will be forty-two days from the Initial Advance Date.
    5.2. If you make repayment earlier than the scheduled repayment date we reserve the right to charge you early repayment fees (amounts to be advised which represent gross profits lost by us).
  6. Payments
    6.1. All amounts payable by you to us under this Credit Contract must be made by Direct Debit Facility or any other payment method approved by us in writing.
    6.2. No payment will be deemed to have been received until clear funds appear in our bank account. If any payment by Direct Debit Facility or other method approved by us is dishonoured or otherwise not met you will be liable to pay a Dishonour Fee.
    6.3. We will not in any circumstances be liable for any error or delay in processing of the transfer of clear funds into our bank account, so long as we have acted reasonably.
    6.4. We will be entitled to apply amounts received from time to time against specific amounts due by you, as selected in our discretion.
  7. Breach
    7.1. You will be in Breach if:
     
    1. you fail to make any payment to us as and when due;
    2. you fail to comply with any of your obligations under this Credit Contract;
    3. in our view, you have engaged in conduct which is misleading in connection, directly or indirectly, with your loan application;
    4. you become subject to, or liable to be subject to, any form of insolvency occurrence, including bankruptcy;
    5. you are in receipt of any demand for payment of monies due to a creditor, which is not paid in full within seven (7) days;
    6. there is any adverse change in your financial circumstances which, in our opinion, may impact upon your ability to make payments as and when due under this Credit Contract; or
    7. any unauthorised use of your PIN takes place.
    7.2. Upon the occurrence of any Breach we may demand immediate repayment of the Loan Balance together with any other monies due and payable under this Credit Contract. In addition, you will be liable to pay on demand Breach Fees until all other monies payable under this Credit Contract have been received by us in full, or until the Enforcement Date whereupon clause 16.8 will apply.
  8. Statements
    8.1. We will supply you with a statement as and when required by law. This will be done electronically.
  9. Amendments
    9.1. From time to time, we may amend the terms of this Credit Contract, subject to complying with any Applicable Laws.
    9.2. If we do this, notice will be given in writing to you, by mail, email or by posting in our Borrower Log In area.
    9.3. If you do not wish to continue subject to these new amendments, then you must immediately provide us with notice in writing and at the same time pay all amounts outstanding, whether or not then ordinarily due, including the full amount of the Loan Balance and Charges (early repayment fees will not apply).
  10. Privacy
    10.1. We may give information about you to a credit reporting agency for the following purposes:
     
    1. to obtain a consumer credit report about you; and/or
    2. to allow a credit reporting agency to create or maintain a credit information file containing information about you.
    10.2. The information which we may supply will be limited to:
     
    1. identity particulars - your name, sex, address (and previous 2 addresses), date of birth, name of employer and drivers licence number;
    2. your application for credit or commercial credit - the fact that you have applied for credit and the amount;
    3. the fact that we may be a current credit provider to you;
    4. any payments which may be overdue by you to us by more than 60 days, and for which debt collection action has commenced;
    5. advice that your loan repayments are no longer overdue in respect of any Breach which has previously been listed;
    6. information that, in the opinion of us, you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations);
    7. dishonoured payments, including cheques; and
    8. that credit provided to you by us has been paid or otherwise discharged.
    10.3. This information may be given by us before, during or after the provision of any credit by us to you.
  11. Notices
    11.1. We may provide any notices or other communications to you by email or via the Borrower Log In area.
    11.2. You therefore must maintain, and regularly check, your emails and also view in the Borrower Log In area. Any changes to your email contact details must be immediately notified to us.
    11.3. Any notice in relation to a Breach will be sent in hard copy to your latest notified address. We will also abide by any other Applicable Laws requirements in relation to service of notices.
    11.4. Notices will be deemed to have been received by you three (3) days after transmission, posting in the Borrower’s Log In area or mail to you.
  12. Disclaimer
    12.1. We accept no liability for any loss or damage which you may suffer associated with you borrowing the Loan Advance. We have recommended that you obtain both legal and financial advice prior to entering into this Credit Contract, as it is a serious matter.
  13. Assignment
    13.1. You acknowledge that we may transfer, assign or novate any of our rights and/or obligations under this Credit Contract in favour of any third party. If we do so you will be notified in writing. We may require you to sign additional related documentation with any such third party.
    13.2. You are not entitled to transfer, assign or novate any of your rights or obligations under this Credit Contract without our prior written approval which it is our right to give or decline.
  14. Keep Us Informed
    14.1. You must keep us immediately informed of any changes to the following:
    1. your address;
    2. your phone or email contact details;
    3. your employment details;
    4. any legal demands made upon you by creditors;
    5. any other adverse change in your financial circumstances which may impact upon your ability to make payments as and when due under this Credit Contract.
    14.2. You can provide this information to us by telephone or email or by any other method which we may approve in writing from time to time.
  15. Applicable Laws
      We will comply with all Applicable Laws in the course of exercising any of our rights, powers or obligations under this Credit Contract subject to the following:-
     
    1. to the extent that any such Applicable Laws may be excluded: then they are so excluded from operation or application to this Credit Contract; or
    2. to the extent that they are not permitted to be excluded, but may be read down: they are read down accordingly.
  16. General
    16.1. Time is of the essence of your obligations under this Credit Contract.
    16.2. Unless otherwise provided, we may give or hold our consent or approval to any matter in our absolute discretion, with or without conditions and with or without giving reasons. Any such consent or approval must be in writing to be valid.
    16.3. You agree to indemnify us in full in respect of any loss which we may suffer in connection with any breach by you, including any legal costs (on a full indemnity basis) or other fees or charges (including to debt recovery firms) plus all GST thereon, which we may be liable in any way directly or indirectly connected with any recovery efforts brought by, or on our behalf, against you.
    16.4. We will only be found to have waived a right under, or in connection with this Credit Contract, if we have given notice of that specific waiver. Any power we may have is not impaired or waived by:-
     
    1. any failure or delay in exercising that power;
    2. a partial or prior exercise of that power; or
    3. negotiations between you and us.
    16.5. This Credit Contract is governed by the laws of the State of Victoria and you and we irrevocably submit to the exclusive jurisdiction of the Courts of that State and any Courts of Appeal therefrom.
    16.6. This Credit Contract will be binding upon, and benefit, you and us and our respective successors, permitted assigns and legal personal representatives.
    16.7. A provision or part of a provision of this Credit Contract which is void, illegible or unenforceable may be severed and the remaining provisions or parts of the provision of this Credit Contract will continue in force.
    16.8. If from the Enforcement Date there still remains any monies due by you under this Credit Contract, then you must also pay, on demand, interest upon those monies at a rate equal to the sum of 5% plus the rate prescribed from time to time by the Penalty Interest Rate Act 1983 (Vic), , from the date due until the amount is paid in full.
    16.9. This Credit Contract constitutes the entire agreement between you and us in respect of the Loan Advance. Subject to clause 16.11, no other representations by us, or understandings, promises or arrangements between us relating to the Loan Advance are of any effect.
    16.10. You acknowledge that you have not relied upon any warranty or representation made by, on behalf of us (including by any of our employees or agents), in relation to the making of the Loan Advance.
    16.11. You warrant and represent that all information which you have supplied to us, including in your Application, is true, accurate and not misleading in any way.
  17. Definitions and Interpretation
    17.1. In this Credit Contract:-
      “Applicable Laws” means any laws having specific application to, or regulating, the making of loans to persons, similar to the making of the Loan Advance to you, which laws we are bound by.
      “Application” means an application made by you for us to make the Loan Advance in your favour.
      “Approval” means approval by us of your Application.
      “Borrower Log In area” means a designated area of our website which will contain information pertaining to this Credit Contract.
      “Breach” means the occurrence of one or more of the events specified in clause 6.1.
      “Breach Fee” means the amount specified as such in the Schedule being a daily fee payable whilst a Breach remains unremedied.
      “Charges” means the Establishment Fee, Management Fees and Dishonour Fees.
      “Credit Contract” means the Credit Contract comprising the Schedule and Terms and Conditions.
      “Direct Debit Facility” means a facility to be established by you with a financial institution prior approved by us, which enables payments to be made in clear funds by automatic debit into our bank account.
      “Dishonour Fee” means the amount specified as such in the Schedule payable for each occasion that a direct debit or other payment method in respect of a payment due by you is dishonoured.
      “Enforcement Date” means the date forty-two days after the Initial Advance Date.
      “Establishment Fee” means the amount specified as such in the Schedule which is payable on account of establishment of this Credit Contract.
      “Loan Advance” means the amount specified as such in the Schedule.
      “Initial Advance Date” means the date upon which the Loan Advance is initially made i.e. transferred into your nominated account.
      “Loan Balance” means the remaining balance of the Loan Advance which has not been repaid by you.
      “Management Fees” means the amounts specified as such in the Schedule payable per week (or part thereof) until the full amount of the Loan Advance has been repaid to us.
      “PIN” means the personal identification number issued by us to you.
    17.2. Interpretation
      In this Credit Contract unless a contrary intention appears:-
     
    1. a reference to "you" or "your" is a reference to the party named as "You" in the Schedule and a reference to "us", "we" and "our" is a reference to the party named as "Us" in the Schedule;
    2. the singular includes the plural and vice versa and reference to a gender includes the other gender;
    3. a reference to any legislation or statutory instrument includes:
      1. a reference to that legislation or statutory instrument as amended, modified, re-enacted or replaced from time to time; and
      2. any rulings, regulations or guidelines made or issued under or in relation to that legislation or statutory instrument;
    4. a reference to a person includes a corporation, firm or body of persons recognised by law and that person’s successors, assigns and legal personal representatives;
    5. a reference to a party means a party to this Credit Contract;
    6. alternative grammatical forms of defined words or phrases have corresponding meanings;
    7. a reference to a clause or schedule is a reference to a clause of or schedule to this Credit Contract;
    8. a reference to a document (including this document) includes a reference to that document as amended or replaced from time to time;
    9. a reference to a month means a calendar month;
    10. a reference to money (including a reference to dollars and expressions preceded by the symbol $) is a reference to Australian currency;
    11. a reference to writing includes all means of representing or reproducing words, figures or symbols in a permanent and visible form;
    12. nothing in this Credit Contract constitutes or may be construed as constituting a party as the partner, agent, employee or representative of another party;
    13. no term or provision of this Credit Contract will be construed against a party on the basis that this Credit Contract or the term or provision in question was put forward or drafted by that party;
    14. use of the word “includes” in any grammatical form is not a term of limitation;
    15. any reference to time in this Credit Contract is a reference to time in Melbourne, Victoria;
    16. if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
    17. if an act prescribed under this Credit Contract to be done by a party on or by a given day is done after 4.00 pm on that day, it is taken to be done on the next day; and
    18. an obligation or liability imposed on, or benefit given to, a party which consists of more than one person, is an obligation or liability imposed on, or benefit given to, each of them severally as well as all of them jointly.
  18. Acceptance
      Your acceptance of this Credit Contract is effected electronically. You acknowledge that such acceptance will have the same effect as if you had signed with your signature a contract containing each and every one of the provisions of this Credit Contract.

IMPORTANT

BEFORE YOU SIGN

THINGS YOU MUST KNOW
  • read this contract document
    so that you know exactly what contract you are entering into and what you will have to do under the contract.
  • You should also read the information statement:
    “THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACT”.
    (This is attached).
  • Fill in or cross out any blank spaces.
  • Get a copy of this contract document.
  • Do not sign this contract document if there is anything you do not understand.
  • Once you sign this contract document, you will be bound by it. However, you may end the contract before you obtain (or try and obtain) any credit by telling the Lender in writing, but you will still be liable for any fees or charges already incurred.
  • You do not have to take out consumer credit insurance unless you want to. If this contract document says so, you must take out insurance over any mortgaged property.
  • If you take out insurance, the Lender cannot insist on any particular insurance company.
  • If this contract document says so, the Lender can vary the annual percentage rate (the interest rate), the repayments and the fees and charges and can add new fees and charges without your consent.
  • If this contract document says so, the Lender can charge a fee if you pay out your contract early.