ELECTRONIC TRANSACTIONS PERMISSION AGREEMENT
Agreement to communicate by email, SMS or fax
You have entered into this agreement with us and we are pleased to provide more detail.
The Need for This Agreement
The Credit Provider contacted, cannot communicate legally with the consumer/s by email, SMS or fax, without the consumer/s’ consent. Please read this permission to communicate agreement and sign to indicate your consent for the Credit Provider to communicate with you electronically, as you have just communicated with us.
This agreement is in accordance with the mandatory requirements of the Electronic Transactions Act 1999 (as amended).
The agreement seeks the consent of the consumer (intending consumer) who has contacted this website, to allow the the Credit Provider, to contact the consumer by email, SMS or fax. Further, to allow the Credit Provider’s representatives, agents and/or principal (if any), where permitted by law, to also communicate with the consumer by email, SMS or fax.
Such to involve the electronic formation and communication of documentation, as may be required by legislation and regulation and/or commercial practice, from time to time and where relevant. This including, but not limited to, credit guides, quotations, credit proposal disclosure documents, pre-contractual statements and credit contracts (the last two may be the same document in part or whole) and all manner of other relevant business communications.
This being with the exception of all documentation and communications associated with guarantors (if any) and documentation and communications associated with enforcement notices and procedures (if any), all of which shall be provided in hard copy and mailed by Australia Post, or delivered personally.
The Credit Provider, contacted by the consumer, acknowledges and provides consent, where relevant, to the following terms and conditions, with the representative’s electronic signature attached below.
Terms and Conditions
What you have agreed to:
- after the commencement of this Agreement, permission is granted for information associated with any arrangement concerning the provision of credit, by the Credit Provider, to be transferred to them by electronic means including, but not limited to, email and fax;
- after the commencement of this Agreement, any information electronically transferred to the consumer, by the Credit Provider, to the electronic address/es provided by the consumer/s and listed in this Agreement, will be readily accessible for subsequent reference. Such accessibility will remain available for any future communications associated with the arrangement and/or provision of credit, by the Credit Provider;
- the signature or identifier used by the Credit Provider, in any such communication, will reliably identify the Credit Provider and will be accepted by the consumer/s as the signature or identifier of the Credit Provider;
- the consumer will accept scanned paper documents included in any electronic communication, as if they were hard copies; and
- at the time of entering into this Agreement and thereafter, such scanned paper documents will be filed electronically, so that they are retrievable for later reference from the consumer/s system;
- receipt of such electronically transferred communication is deemed to be when the message enters the system;
- they will regularly check their system for electronically transferred communications;
- at the time of entering into this Agreement and thereafter, any electronic communication received by the consumer/s’ system can be printed and kept in storage in hard copy, or kept on file in electronic format;
- they accept that communications capable of being legally transferred electronically, by the Credit Provider, will no longer be available in hard copy or print;
- they will provide 24 hours’ notice should they choose to withdraw permission for the Credit Provider to communicate electronically;
- they accept that the inclusion of the above terms in this Agreement constitutes notice in writing to the Credit Provider;
- they will inform the Credit Provider of any change to their system’s capabilities during the term of this Agreement, as may reasonably interfere with one or more of the above provisions, as soon as reasonably practicable, to ensure effective electronic communications between the parties to this Agreement.
The Consumer/s further agree that:
- their permission to accept electronically transferred communications may be withdrawn at any time;
- it is the responsibility of the consumer/s, at the time of entering this Agreement, to confirm that their system has the capabilities listed above and to maintain such capabilities;
- the Credit Provider is not liable for any damage whatsoever, caused directly or indirectly by the failure of the consumer/s to advise the Credit Provider, during the term of the loan arranged or provided by the Credit Provider, of any problem with their system that precludes any of the above from successfully occurring;
- the Credit Provider is not liable for any damage whatsoever caused directly or indirectly, due to the failure of the consumer/s to rectify the problem with their system occurring during the term of the loan arranged or provided by the Credit Provider, that precludes any of the above from successfully occurring;
- the transferred information will be on the Credit Provider’s system for a reasonable time and capable of transfer and download to a file for storage and later retrieval by the consumer/s; and
- the Credit Provider will provide prompt notice that the information is available to the consumer/s and such notice shall specify the nature of the communications.
Please do not proceed to consider any other documents and/or request for information, until you have signed that Agreement which is included in the Privacy Section on this website, to indicate that you give permission for the Credit Provider to communicate with you by electronic means (email and/or fax), concerning the arrangement and/or provision of credit, at any time after entering into this Agreement.
By their electronic signatures, the parties to that Agreement acknowledge that they have carefully read and fully understand and accept the terms and conditions as provided in this Agreement.