Terms and Conditions

Updated on

January 15, 2024

1. Introduction

1.1 This document is the Terms & Conditions of Speedle Pty Limited ABN: 86 668 001 045 (“Speedle, we or us”).

1.2 Before you can use the Website and the Apply Now, Application Form and Self Service Area (together referred to as the “Speedle Portal”) you must read, accept and agree to be bound by these Terms & Conditions

1.3 This Website and Speedle Portal is owned and operated by Speedle Pty Limited (Speedle) on the World Wide Web.

1.5 The Speedle Portal is available for you to:

(a) access conditional on your acceptance without alteration of the terms and conditions set out below on this linked page. By continuing to access the Speedle Portal you are agreeing to the Terms & Conditions set out below and Speedle’s Privacy Policy.

(b) provide information about you, a Customer, or Customer Account on your acceptance without alteration of the terms and conditions set out below on this linked page. By continuing to provide information about you, a Customer or Customer Account you are agreeing to the Terms & Conditions set out below and Speedle’s Privacy Policy.

1.6 To use and gain access to the Speedle Portal you must:

(a) create a Customer Account and provide a login and password;

(b) be a Customer or an Authorised Representative of a Customer;

(d) verify your identity on the Speedle Portal by providing your date of birth and any other information requested in the mandatory fields of the Speedle Portal.

1.7 You agree:

(a) to maintain and keep safe:

(i) your Customer login and password;

(ii) any the link received from Speedle via SMS and/or Email;

(b) to immediately notify Speedle of any unauthorised use or access of the link and/or Customer Account;

(c) to ensure you exit the Customer Account and Speedle Portal at the end of the session and clear your internet cookies and history;

(d) that Speedle is not liable for any claim, loss or damage if you fail to comply with Clause (a) to 1.7(c) above.

1.8 If you have any questions or comments regarding the Speedle Portal, please contact Speedle by:

Email privacy@speedle.com.au ;or

Phone: 02 8365 2322

Post: Speedle, Salesforce Tower, Level 22, 180 George Street Sydney NSW 2000

SECTION B – DEFINITIONS

2. Definitions

2.1 In these Terms & Conditions:

(a) Authorised Representative means an individual who is authorised by a Customer to act on their behalf in respect of a Customer Account.

(b) Business Day means every weekday except for Australian National Public Holidays.

(d) Customer means an individual that has applied for a Loan with Speedle or is a Client.

(e) Customer Account means an account with Speedle relating to a Loan and/or Loan application by a Customer to Speedle or a Client.

(f) Loan means the amount a Customer owes to Speedle or a Client in respect of a Customer Account.

(g) Speedle means Speedle Pty Limited ABN: 86 668 001 045.

(h) Speedle Portal means this the Website and the Apply Now, Application Form and Self Service Area owned and operated by Speedle Pty Limited on the World Wide Web.

(i) We, us and our refers to Speedle.

(j) You and your refers to the individual that has accessed the Speedle Portal.

SECTION C – SPEEDLE PORTAL

3. Speedle Portal

3.1 The Speedle Portal enables you to:

(a) Apply for a Loan with Speedle;

(b) Review Loan details and payment schedules;

(d) Send and receive information regarding:

(i) Customer Account(s);

(ii) Customer(s) details including personal information;

(iii) Customer Bank Account Data;

(iv) Customer documents;

(v) Offers and services provided by Speedle.

(e) Make Payments:

(i) Including one-off or recurring payments;

(A) By Direct Debit;

(B) By Debit Card or Credit Card.

SECTION D – USE OF MATERIAL ON THE SPEEDLE PORTAL

4. Use of Material on the Speedle Portal

4.1 Generally:

(a) Except for the limited use set out in clause 4.2 you may not use the Speedle Portal, or the material contained on it, for any purpose. This involves:

(i) the reproduction of the material in any material form;

(ii) the distribution of the material in any material form;

(iii) re-transmission of the material by any medium of communication; World Wide Web;

(iv) “framing” the material on the Speedle Portal with other material on any other World Wide Web site.

(b) The above are unlawful in any jurisdiction and are specifically prohibited by these Terms & Conditions.

4.2 Notwithstanding the above restrictions on use of the material on the Speedle Portal, you may download material from the Speedle Portal for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

4.3 You may not modify or copy:

(a) the layout of the Speedle Portal; or

(b) any computer software and code contained in the Speedle Portal.

4.4 Speedle reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Speedle Portal is provided for personal use only and may not be:

(a) re-sold and/or re-distributed in any material form;

(b) stored in any storage media; and/or

without the prior written consent of Speedle.

SECTION E – LINKS TO OTHER WEBSITES

5. Links to Other Websites

5.1 The Speedle Portal may contain links to sites on the World Wide Web owned and operated by third parties and which are not under the control of Speedle.

5.2 In relation to the other sites on the World Wide Web, which are linked to the Speedle Portal, Speedle:

(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Speedle of the linked site;

(b) is not responsible for the availability or material contained on those linked sites;

(c) does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on or available on or from such linked sites; and

(d) is not responsible or liable, either directly or indirectly, for any claim, damage and/or loss caused or alleged to be caused, by or in connection with the use of or reliance on any such content, advertising, goods, services or other materials on or available on or from such linked sites.

SECTION F – PAYMENTS

6. Payments

6.1 If you make a payment, set up a payment arrangement and/or enter into a Direct Loan Service Agreement through the Speedle Portal, you agree to the collection, transmission and storage of your payment information by Zepto Payments Pty Ltd ACN 604 057 597 trading as “Zepto” or such other organisation Speedle use in that role from time to time.

6.2 Your payment information may include Bank Account, Debit Card and/or Credit Card details as well as other personal information about you.

6.3 Unless otherwise stated all amounts particularised on the Speedle Portal and all payments are to be made in Australian Dollars.

6.4 Depending on where you access this Speedle Portal, the type of payment method used and where your payment method was issued, you may be subject to financial institution fees or foreign exchange fees.

6.5 Speedle does not support all payment methods, currencies or locations for payment.

7. Debit Card & Credit Card Payments

7.1 If you’ve elected to make a payment by Debit Card or Credit Card, the Speedle Portal directs you to enter your Debit Card or Credit Card details and personal information via a payment platform maintained and operated by Zepto Payments Pty Ltd ACN 604 057 597 trading as “Zepto”.

7.2 Speedle do not charge any transaction fees or credit card surcharges for Debit Card or Credit Card payments received via the Speedle Portal.

7.3 Your financial institution may treat the payments made to the Speedle as a cash withdrawal and charge a surcharge, extra fees or interest to your account. To establish whether these apply to you, you should check with your Debit Card or Credit Card financial institution for advice on what financial products and services are affected.

8. Direct Debit Card Service Agreement

8.1 If you’ve elected to make a payment by direct debit from your Bank Account, Debit Card or Credit Card, either electronically through the Speedle Portal, via a manual form or by telephone, you request and authorise Speedle, until further notice in writing, to debit the Bank Account, Debit Card or Credit Card that you have nominated with any agreed amount and apply that payment to the Customer Account.

8.2 The first drawing under this Direct Debit arrangement will occur on the day which has been agreed to.

8.3 If any drawing falls due on a non-business day, it will be debited to your account on the next Business Day following the scheduled drawing date.

8.4 Speedle will give at least fourteen (14) days notice in writing or via some other form of communication when, changes to the initial terms of arrangement are made. This notice will state details of any changes to the initial terms. If you are not satisfied with any change or variation, you may terminate the Direct Debit arrangement by providing Speedle with at least five business days’ notice by phone or in writing. You may also contact your financial institution.

8.5 If you want to make changes to the drawing arrangements, you must contact Speedle by phone or in writing. These changes may include:

(a) Changing the due date, the scheduled frequency and/or the scheduled payment amount;

(b) Changing Bank Account, Debit Card or Credit Card Details;

(d) Suspending the Direct Debit Request.

8.6 Any requested changes to the due date, the scheduled frequency and/or scheduled repayment amount, if agreed to by Speedle, or changes to the Bank Account, Debit Card or Credit Card to be debited, will require you (or the bank account holder) to complete a new Direct Debit Request either electronically through the Speedle Portal (if available), via a manual form or by telephone.

8.7 Direct all enquires to Speedle, rather than to your financial institution, and these should be made at least seven (7) working days prior to the next scheduled drawing date.

8.8 All communications addressed to Speedle should include your name, current address, contact phone number, customer reference number and date for next Direct Debit arrangement.

8.9 In accordance with Speedle's Privacy Policy, all your personal, Customer, or third party, information held in relation to this Direct Debit Request, will be kept strictly confidential except that information provided to your financial institution necessary to initiate Direct Debit drawing against the nominated account.

8.10 If you believe that a drawing has been initiated incorrectly, Speedle encourage you to take the matter up directly with Speedle by contacting your nominated Customer Service Officer.

8.11 If you do not receive a satisfactory response from Speedle to your dispute, contact your financial institution who will respond to you with an answer to your claim:

(a) within seven (7) business days, for claims lodged within twelve (12) months of the disputed drawing, or

(b) within thirty (30) business days, for claims lodged more than twelve (12) months after the disputed drawing.

8.12 You will receive a refund of the drawing amount if Speedle cannot substantiate the reason for the drawing.

8.13 It is your responsibility to ensure that:

(a) Your nominated account can accept direct debits. Your financial institution can confirm this to you.

(b) That on each due drawing date there is always sufficient cleared funds in the nominated account to cover the scheduled repayment amount.

8.14 If there are insufficient funds in your account to meet a debit payment on the due date:

(a) Speedle is under no obligation or commitment to represent the dishonoured direct debit request to your financial institution; however, we may, at our discretion, represent a direct debit dishonoured due to insufficient funds;

(b) If a represented direct debit dishonours, then Speedle reserves the right to suspend the presentation of further direct debits requests without prior notice to you;

(d) You may also incur fees or charges imposed or incurred by Speedle;

(e) You must arrange for a dishonoured debit payment to be made by another method or arrange for sufficient clear funds to be in your account, by an agreed time, so that, if agreed, we can reprocess the debit payment;

(f) If you do not make an arrangement to rectify the dishonoured payment, and associated fees, this Direct Debit arrangement may be cancelled by Speedle, without prior notice to you, and the full outstanding balance of the Customer Account will become immediately due and payable.

9. Payment Arrangement

9.1 Depending on your individual circumstances, you may use the Speedle Portal to submit a proposal to enter into an alternate payment arrangement in respect of a Customer Account.

9.2 Speedle may accept or reject your proposal for a payment arrangement.

9.3 Where Speedle accepts your proposal for a payment arrangement, you agree that the payment arrangement is subject to and conditional upon the following terms:

(a) You acknowledge you owe the full amount of the Loan to Speedle;

(b) You agree to repay the Loan by consecutive minimum instalments of the agreed amount, the first of such instalments to be made on the agreed commencement date, and continuing weekly, fortnightly or monthly, as agreed, until the whole of the Loan has been repaid in full;

(c) Should you make an interim payment of any amount; that is, a non-scheduled payment, or an overpayment of the minimum instalment, your scheduled minimum instalment still remains due and payable on the next scheduled instalment date, as if you had not made the interim payment or overpayment;

(d) Speedle will continue to charge interest on the outstanding balance of the Loan, under your agreement with Speedle;

(e) Speedle reserves the right to review this payment arrangement with the minimum interval period being every three (3) months from the commencement date, with a view to finalising payment of the Loan by requesting an update on your financial position in order to understand your ability to repay the Loan as quickly as possible;

(f) Should there be any default or delay whatsoever in the punctual payment of any instalment then, subject to any law or requirement, Speedle will be at liberty to commence or continue legal action against you, without further notice, to recover the balance of the Loan together with all moneys, charges, interest and legal costs which are payable, or have been incurred, or will be incurred under your agreement with Speedle;

(g) This indulgence to allow you to repay the Loan to Speedle under the alternate payment arrangement, at the times and in the manner agreed to, is given without prejudice to Speedle's rights to recover the whole of the Loan, including interest and other moneys, owing and payable by you under your agreement with Speedle, if you fail, neglect or refuse to pay under the payment arrangement; and

9.4 It is expressly acknowledged and agreed that the payment arrangement will not and does not compromise Speedle's rights against you in any way whatsoever.

SECTION H – UPLOADING & USE INFORMATION

10. Uploading Information

10.1 You represent and warrant in relation to any material and/or information you provide to the Speedle Portal that:

(a) you are authorised to provide the material and/or information;

(b) the material and/or information is true and correct;

(c) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(d) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

(e) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(f) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) or equivalent state / territory legislation and any other parliament competent to legislate in relation to the Speedle Portal or any law in any country where the material and/or information is or will be available electronically to users of this Speedle Portal.

11. Use of Information

11.1 Subject to the Speedle’s Privacy Policy, Speedle and/or people authorised by it may gather and process the information:

(a) which you may provide when accessing the Speedle Portal, such as your name, address, e-mail address and other personal information about you; and

(b) regarding the way in which you use the Speedle Portal including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Speedle Portal.

11.2 Subject to the Speedle’s Privacy Policy, you consent and agree that Speedle may:

(a) exchange of your personal and credit information with credit reporting bodies and government bodies in order to assess your Loan application and verify your identity;

(b) send you emails, SMS messages or Phone calls using the information acquired through clause 11.1 in order to verify your information and provide updates in respect of the Customer Account;

SECTION G – TERMINATION OF ACCESS

12. Termination of Access

12.1 Speedle may terminate access to the Speedle Portal at any time without giving any explanation or justification for the termination of access, and Speedle has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Speedle Portal.

SECTION G – DISCLAIMER

13. Disclaimer

13.1 Speedle gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Speedle Portal and/or linked sites on the World Wide Web.

13.2 To the full extent permitted by law Speedle disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Speedle Portal and/or of any linked sites; and

(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Speedle Portal and/or on any linked sites.

13.3 Speedle will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(a) acting, or failing to act, on any information contained on or referred to on the Speedle Portal and/or any of the linked Websites; and

(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Speedle Portal and/or any linked sites.

13.4 Speedle does not warrant guarantee or make any representation that:

(a) the Speedle Portal, or the server that makes the site available on the World Wide Web are free of software viruses;

(b) the functions contained in any software contained on the Speedle Portal will operate uninterrupted or are error-free; and

13.5 Speedle is not liable to you for:

(a) errors or omissions in the Speedle Portal, or linked sites on the World Wide Web;

(b) delays to, interruptions of or cessation of the services provided in the Speedle Portal, or linked sites; and

whether caused through negligence of Speedle, its employees or independent contractors, or through any other cause.

13.6 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Speedle Portal.

SECTION H – LIMITATION OF LIABILITY

14. Limitation of Liability

14.1 To the full extent permitted by law Speedle's liability for any implied warranty or condition is limited, at the choice of Speedle, to one or more of the following:

(a) If the breach of an implied warranty or condition relates to services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again; and

(b) If the breach of an implied warranty or condition relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods; or

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

14.2 This clause may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.

SECTION I – ALETRATION OF TERMS & CONDITIONS

15. Alteration of Terms & Conditions

15.1 Subject to any law or regulation, Speedle reserves the right to change these Terms & Conditions:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

SECTION I – JURISDICTION

16. Jurisdiction

16.1 If any part of these Terms & Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms & Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.

16.2 These Terms & Conditions will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.

16.3 You agree to the jurisdiction of the courts of Sydney, New South Wales, Australia, to determine any dispute arising out of these Terms & Conditions.

SECTION J – FEEDBACK OR COMPLAINT

17. COMPLAINTS

17.1 We offer a free internal complaint resolution scheme to all of our customers. Should you have feedback or a complaint, please contact us to discuss your concerns.

17.2 To assist us in helping you, we ask you to follow a simple three-step process:

(a) gather all supporting documents relating to the complaint;

(b) contact us and we will review your situation and if possible, resolve your complaint immediately; and

(c) if the matter is not resolved to your satisfaction, please contact our Compliance Officer on 02 8365 2322 or put your complaint in writing and send it to Speedle, Level 22-23, Salesforce Tower, 180 George Street Sydney NSW 2000 or to complaints@speedle.com.au.

17.3 We will rectify any breach if the complaint is justified and will take necessary steps to resolve the issue.

17.4 In certain situations, to deal with a complaint it may be necessary to consult with third parties. However, please note any disclosure of Personal Information to third parties will be provided with your authority and consent.

17.5 After a complaint has been received, we will send you a written notice of acknowledgement setting out the process. The complaint will be investigated, and the decision will be sent to you within thirty (30) days unless you have agreed to a longer time. If a complaint cannot be resolved within the agreed time frame or a decision could not be made within thirty (30) days of receipt, a notification will be sent out to you setting out the reasons and specifying a new date when you can expect a decision or resolution.

18. IF YOU ARE UNHAPPY WITH OUR RESPONSE

18.1 If your complaint is not resolved to your satisfaction through our IDR process, you have the right to refer your complaint to AFCA. AFCA is an independent and external dispute resolution scheme, of which Speedle is a member.

18.2 You can lodge your complaint with AFCA by sending the relevant information and documents to:

Australian Financial Complaints Authority Limited

GPO Box 3 Melbourne VIC 3001

Phone: 1800 931 678

Fax: (03) 9613 6399

Email: info@afca.org.au

Website: https://www.afca.org.au/

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