Published 19 March 2020 02:20pm AEST
Credi Pty Ltd (Credi) – Terms and Conditions of Use (Terms and Conditions)
in relation to a Document and together with any additional steps that need to be taken in the case of a Document that creates a security interest under the Personal Property Securities Act to protect, ensure the enforceability of and perfect and preserve the priority of the security interest arising under a Document (such as registering the security interest on the Personal Property Securities Register and obtaining all necessary consents, authorisations and approvals regarding the security interest);
Credi publishes or makes available on the Credi Network information, advertisements, product and service offers, Software and links and other content supplied by Credi and third parties (Material). Credi does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Credi Network or on any website that links from the Credi Network, (including third party display advertisements).
Credi does not provide any warranty in relation to any services advertised on the Credi Network by third parties including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.
Use of the Credi Network is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Credi:
If Credi considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Credi’ interests, then Credi may immediately terminate your right to access and use the Credi Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Credi Network.
Whilst Credi takes care to ensure that the Material on the Credi Network is correct, current and free from errors, Credi does not warrant the accuracy or completeness of or the representations made in the Material on the Credi Network or any web site that links from the Credi Network or any information received as a result of using the Credi Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The Credi Network includes a platform to allow you to negotiate and formalize the terms of a loan agreement or loan facility. You are solely responsible for the terms of any loan agreement or loan facility negotiated between you and third parties. Credi does not advise or provide any guidance on the reasonableness or appropriateness of any of the terms of any loan agreement loan agreement. A Document and its terms and the transactions contemplated by are significant. You should seek professional or legal advice from a third party if you require further advice or guidance.
The services and Material made available on the Credi Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or do not do anything; and may not be continually accessible or free from errors or viruses.
We are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our Website and/or Services provided by the Website; and
You agree to indemnify the Releasors against any costs, losses, liability or damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees made by any third party due to or arising out of:-
i. any information that you provide us being inaccurate or incomplete
ii. any information given by you or your advisers to us for insertion in a Document or registration on the PPSR (if applicable) is accurate and complete in all respects and is not misleading.
You agree that you shall indemnify the Releasor and continue to indemnify the Releasors in relation to any costs, losses, liability or damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees made by any third party due to or arising out of:-
i. a Document you order from us not being suitable for its intended purpose or not being suitable for the relevant circumstances;
ii. you failing and/or refusing to obtain advice from a Professional Adviser so that you can make a fully informed decision in relation to matters including but not limited to:
a. whether a Document you choose is suitable for your or its intended purpose or is suitable for your particular circumstances;
b. the legal risks of not complying with any legal requirements;
c. the legal risks of the transactions contemplated by you in relation to a Document are illegal or voidable or unenforceable or liable to be recovered because it is an uncommercial transaction or an insolvent transaction or a breach of directors’ duties;
d. whether or not a Document is within the capacity and power of and has been be duly authorised, executed and delivered by all parties to a Document;
e. whether or not a Document constitutes valid, legally binding and enforceable obligations of all parties to a Documents under all applicable laws;
f. whether any necessary licence, consent, permit, approval, registration or authorisation will by reason of entry into the Document be, breached in any respect;
g. whether the choice of governing law is bona fide and is not unconnected with the commercial realities of the transactions contemplated by a Document;
h. if any authorisation, approval, permission or consent required in connection with a Documents and all documents related to the transaction under all relevant laws, has been or will be obtained as and when required and once obtained will be and continue in full force and effect and to the extent that any terms or conditions are imposed on any such authorisation, approval, permission or consent, and any applicable party to a Document will continue to comply with those terms and conditions;
i. if execution of a Document and the performance of the terms contained in a Document contravene any contractual restriction binding on a party to a Document or on any of its assets;
j. if there are any outstanding demands, orders or requisitions of any competent authority in respect of or relating to any part of the property the subject of a Document;
k. all parties to a Document have obtained any necessary authorisation, approval, permission or consent required to grant the charge (if any) in a Document, if and to the extent that it relates specifically to any part of the property the subject of charge;
l. there are any statutory licences, permits, registrations or authorisations which would prohibit or restrict:
i. the granting of (or the agreement to grant) any mortgage, charge, security interest or encumbrance over the property the subject of a Document; or
ii. the entry by by all parties into a Document;
m. if any of the parties is, or will be, seeking to achieve any purpose not apparent from a Document which might render it illegal or void;
n. if any taxation commissioner or any government agency has given or will give any notice under any taxation law requiring your company to deduct from any payment to any other party to a Document any amount due by that party under or by virtue of any taxation law;
o. if, in the case of a corporate party to a Document, any:
i. transactions contemplated by a Document and all documents related to the transaction are in the best interests and for the corporate benefit of the parties to them and for the proper purpose of their respective businesses;
ii. transaction contemplated by any of a Document or any document related to the transaction is an insolvent transaction (within the meaning of section 588FC of the Corporations Act) or an unfair loan (within the meaning of section 588FD of the Corporations Act);
iii. if immediately after the execution by your company of a Document or any documents related to the transaction to which it is a party, was solvent or insolvent;
iv. if the execution of a Document and any documents related to the transaction and the performance by any party of its obligations or the exercise of its rights under them or any transaction contemplated by any of a Documents does not and will not constitute a contravention of section 208 or section 209 of the Corporations Act by any person;
P. if any of the information you give us or the answers you provide to questions we ask of you when using Our Services is inaccurate, incomplete or misleading;
q. if you fail to provide all required information or to answer all questions completely and/or accurately;
r. if you or any other person or body corporate modify a Document; or
s. if your breach any of these Terms and Conditions in some other way.
Without limiting the generality of the foregoing you agree that you shall continually indemnify us against any costs, losses, liability or damages that we have or may incur as a result of your use of our Website or Our Services used by you on our Website or otherwise any liability, loss, claim or demand if any Releasor suffers any loss or damage or incurs any cost in connection with a breach by you or any party related to you or any Related Entity of yours (including any agent, representative, contractor or associate) of these Terms and Conditions.
You must keep your username and password to access the Credi Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Credi that you accept all liability for any unauthorised use of any username and password issued to you.
If Credi offers services to you, those services may be subject to additional terms and conditions. To the extent of any inconsistency between these Terms and Conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
Credi may offer to provide you with services and a standard loan agreement document for a fixed price per loan agreement or facility agreement. In addition, you may be offered a management fee for each separate loan agreement or facility agreement. The management fee will be payable by you on such terms as we and you agree but in default of any agreement on a monthly basis. The management fee will end one month:
The fees for services and a loan agreement or facility agreement and the management fee will be as advertised on credi.com from time to time.
If services are offered on or through the Credi Network by third parties:
Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by all or any of the Releasors are HEREBY EXCLUDED.
To the full extent permitted by the law, the Releasors will only be liable to you:
These Terms and Conditions will survive the expiration or termination of this agreement.
The Intellectual Property is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these Terms and Conditions are reserved by Credi. Unless otherwise indicated on the Credi Network, the material on the Credi Network is owned by or licensed to the Credi Group and is subject to copyright (the “Copyright Material”).
Credi.com and other names of Credi product and/or services referenced herein are our Intellectual Property and may be trademarks of Credi. Other product and company names mentioned on the Credi Network may be the trademarks of their respective owners. Nothing displayed on the Credi Network should be construed as granting you any rights including the right to use any trademark, without Credi’s (or the relevant owner’s, if applicable) express written consent.
In consideration of you paying our fees in the way required on this Website or as otherwise agreed and you accepting these Terms and Conditions, we provide you with a Licence to order documents from our Website. This Licence is neither exclusive nor transferable. The Licence commences the day you use Our Services and ends in accordance with these Terms and Conditions referred to below.
In using Our Services and any Documents you order, you agree that:
i. you are personally liable for payment of our fees for Our Services and any Documents you order;
ii. you are bound by these Terms and Conditions personally and you are personally liable under these Terms and Conditions, regardless of whether or not we know that you are acting as a trustee, as an agent, or as a director or an officer of a body corporate or acting in some other capacity on behalf of any person;
iii. you are using Our Services as a natural person;
iv. you are using our Our Services in your personal capacity and not as a director, employee, servant, agent or contractor of any company or body corporate or as a trustee;
v. an order by two or more persons binds them jointly and severally;
vi. you must not use any part of a Document(s) for any purpose except the specific purpose for which such document(s) is ordered;
vii. you must not use any part of a Document(s) in connection with creating another document;
viii. you must not modify a Document(s) in any way after such document(s) has been sent to you;
ix. you must not copy any part of a Document(s) for any other purpose except in relation to the transaction for which it was ordered.
i. the company that owns and operates www.credi.com (Credi Pty Limited) is not a law or accounting firm or a firm of financial advisers. In short, nothing on this Website should be considered legal, accounting or financial advice;
ii. we cannot and do not provide legal, accounting or financial advice. Nothing on this Website or conveyed to you in any other manner should be considered legal, accounting or financial advice;
iii. Our Services and this Website provide information to help you answer the questions in order to place an order for a document;
iv. we cannot and do not warrant any Document you decide to order is appropriate or suits your needs. We cannot and do not warrant that your use of Our Services is appropriate or suit your needs;
v. the legal, commercial and taxation effects of a document may vary from jurisdiction to jurisdiction and may be interpreted differently in different courts and in different jurisdictions. The law is a personal matter and no general information of the kind we provide can fit every circumstance and therefore you should consult a lawyer or accountant in your area to seek specific advice for your circumstance. A document’s suitability will therefore vary according to your particular circumstances;
vi. it is your responsibility to seek appropriate advice from a Professional Advisor as to a document’s suitability, including the legal, commercial and taxation effects of that document or documents as well as the legal obligations that must be complied with to ensure that a Document is valid, binding and enforceable and the risk of a Document being invalid, void or unenforceable for various reasons.
You agree that:-
i. you are completely and solely responsible for providing correct and accurate information to us and ensuring that that information is not incomplete or misleading;
ii. the information you give us on this Website or otherwise is included in a Documents you order on this Website or otherwise;
iii. you are completely and solely responsible for the information included in a Document as a result of the information you provide to us when ordering a Documents;
iv. you are completely responsible for all information that you provide us to register a security interest on the PPSR;
v. If you instruct us to register a security interest created by a Document on the PPSR we rely on you for the completeness and accuracy of all information you have provided to us and we will use the information that you provided to us to attend to registrations on the PPSR. By way of example, if you have provided us with incorrect information (such as a misspelt or incomplete name) then the registration may not be effective with serious adverse consequences;
vi. we are not responsible for any mistake or error you make in providing the information to us and/or in understanding the questions we ask of you and how you answer same by way of providing your information to us;
vii. any information that you provide to us is not affected by:
a. any inquiry or investigation made by or on our behalf;
b. any information of which the we have knowledge, actual or constructive; or
b. any other fact, matter, event or circumstance.
You warrant to us that to the best of your information and belief:
i. all information given to us by you or on your behalf is accurate and complete in all respects and is not misleading.;
ii. all information which you know has been fully and fairly disclosed to us by you or your agent or adviser;
iii. you are solely and completely responsible for providing to us correct and accurate information to us and ensuring that that information is not incomplete or misleading.
iv. all information provided by you or your agent and set out in a Document is accurate and complete in all respects and is not misleading.
v. all information provided by you to enable the registration of a security interest on the PPSR is accurate and complete in all respects and is not misleading.
If you choose to become a member entitled to use the Credi Network, additional products and services may be made available to you.
By becoming a member, you agree to receive electronic communications from Credi about its products and services.
If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
Credi may provide you with the ability to communicate with Credi, use the Credi Network, communicate with advertisers and users of the Credi Network through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Credi. You should not however, consider Communication Services to have been reviewed, moderated, screened, or approved by Credi.
Use of the Communications Services is provided on condition that You do not do any of the following:
Credi may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
Any software, including HTML code and ActiveX controls, that is made available to download from the Credi Network (“Software”) is owned by or licensed to Credi and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You hereby agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, Credi grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Credi Network in accordance with these Terms and Conditions, and for no other purpose. You must not:
This Agreement is governed by and construed in accordance with the laws of the State of Western Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
Credi may cease to provide you with access to the Credi Network or any of its services without notice and at its absolute discretion
All rights not expressly granted are reserved.
Credi wants to be sure that you are satisfied with all our services. If you are not satisfied or believe there has been an error in billing, please contact our Customer Support Department by emailing us at email@example.com
If you contact our customer support department, we will try to help you resolve any issues you may have, offer credit for future services or in some circumstance offer a refund. NO refunds will be available for components of fees payable to 3rd parties such as government agencies for filling security on loans or facilities. When you contact us, please explain all the details relating to the services you are not satisfied with. If a refund request is not made within 30 days of purchase, we cannot provide a refund. In the event that Credi agrees to pay a refund we will ONLY make payment to the card that was charged, NO REFUNDS will be made to ANY other cards or payment method.
If you have a question, problem, complaint, seek a refund or need to contact us:
Location: Sydney NSW Australia.
Postal Address: level 2/11 York St, Sydney NSW 2000
Phone: +61 448 617 280
Email: firstname.lastname@example.org / email@example.com
a. In addition to any other method of service provided by law, a notice from us to you may be:
i. sent by prepaid ordinary post to the address you have provided to us;
ii. sent by facsimile to you at your facsimile number; or
iii. delivered to the address you have provided to us.
b. A certificate signed by us or by one of our officers or employees stating the date on which that notice was sent or delivered under clause is prima facie evidence of the date on which that notice was sent or delivered.
c. If the notice is sent or delivered in a manner provided by this clause, it must be treated as given to and received by the party to which it is addressed:
d. if sent by post from within Australia to an address in Australia, on the 2nd Business Day (at the address to which it is posted) after posting; or
e. if sent by facsimile before 5 p.m. on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
f. if otherwise delivered before 5 p.m. on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.
The following terms are defined
a) “Corporations Act” means the Corporations Act 2001 (Cth).
b) “Credi” means Credi Pty Limited
c) “Credi Group” includes every Related Body Corporate of Credi
d) “Document” means any loan agreement or facility agreement or other document available from time to time for downloading from our Website, including any terms and conditions in a Document
e) “Intellectual Property” means the intellectual property owned by or belonging to us including but not limited to all patents, trademarks, trade secrets, copyright, rights in design, rights in computer software, business or trade names (whether registered or unregistered).
f) “Licence” means the Licence granted by us to you in accordance with these Terms and Conditions.
g) “Our Services” includes our Website, the platform, the interface, user system and document merging engine and the menu of clauses that is used to generate a Document you order either on line or by any other method, the services which we provide to you which are ancillary to the Services, including Communication Services.
h) “PPSR” means the Personal Property Securities Register established under the Personal Property Securities Act
j) “Professional Adviser” means a lawyer concerning whether a document is appropriate or suits your needs or its legal, taxation and commercial implications; a registered tax agent concerning a document’s accounting and taxation implications or a licensed financial planner concerning a document’s financial planning implications.
k) “Related Body Corporate” has the meaning given in section 9 of the Corporations Act 2001 (Cth);
l) “Related Entity” means a related entity as defined in the Corporations Act.
m) “Releasors” means
ii. each Related Body Corporate of Credi and,
iii. each, director, officer, employee, agent or contractor of all or any of the entities referred to in paragraphs i and ii. successors and advisers and “we”, “our” and “us” have a corresponding meaning.
n) “Terms and Conditions” mean the Terms and Conditions as amended or varied from time as set out herein on this Website.
o) “Website” means credi.com
p) “We/Us/Our” means Credi.
q) “You/Your” refers to the person who has accepted these Terms and Conditions and agreed to be bound by these Terms and Conditions by clicking on the acceptance button on our dashboard for entering the Website.,
In these Terms and Conditions, unless the context otherwise requires:
Location: Sydney NSW Australia.
Postal Address: level 2/11 York St, Sydney NSW 2000
Phone: +61 448 617 280
Email: firstname.lastname@example.org / email@example.com