Terms and Conditions

1. 1. Loans

   Cash Relief will proide you with a loan when you submit an on line loan request to us and we approve it. We are not obliged to approve any Loan Applications you send to us. We agree to make each loan available to you on the terms specified in this document and in the Credit Contract given to you by us as long as:

   • The information provided in the Loan Application remains true and correct
   • You are not in default of any other loan
   • We have received the information we requested from you

2. 2. Confirmation

   By submitting the Loan Application you confirm that:

   • You are 18 years or older;
   • You are a citizen or a permanent resident of New Zealand;
   • All Information is true, correct and complete;
   • You have regular paid income to enable you to make the loan repayments on time.

3. 3. Electronic Notices and Communications

   By submitting the Loan Application you confirm that:

   • By accepting this Credit Contract, you:

     1. provide consent for us to electronically communicate with you under this Credit Contract;
     2. acknowledge that we do not need to provide any notices to you or any documents to you on paper;
     3. acknowledge that you have received a copy of this Credit Contract and that you have read and understood and accept the terms and conditions of this Credit Contract.

   • Your consent and acknowledgement applies to all communication and notices that are permitted to be made electronically by law, including; Statement of Account

     1. notice or other document related to your Loan;
     2. notice of variation to this Credit Contract
     3. notice from you to us or;
     4. and Disclosure Document.

   • Your consent and acknowledgement allows us to communicate with you by sending any communication to your email address or by text to your mobile phone providing any form of communication to you through the Members Log-in Area

   • Your consent and acknowledgement requires you to:

     1. regularly check your email account for our notices and communication;
     2. ensure that your email account and email address remain current;
     3. notify us of any change in your electronic contact details;

   • Both we and you agree to be bound by any electronic communication that we send or provide to each other.

4. 4. Information is Correct

   When agreeing to this Credit Contract you confirm the information and documents you gave us about your credit application are true and correct.

5. 5. Acceptance

   • You can only accept this Credit Contract by providing Electronic Acceptance under the Electronic Transactions Act 2002 and the Credit Contracts and Consumer Finance Act 2003/2014. You accept this Credit Contract when you click the “I Agree” button on the Cash Relief Application Form

   • We agree to be bound upon all three of the following conditions being met:

     1. the receipt of your Electronic Acceptance on our Internet server;
     2. your credit history meeting our criteria; and

   • By providing Electronic Acceptance you:

     1. accept these Terms and Conditions of this Credit Contract and you authorise us to make Repayments by way of the Direct Debit Facility;
     2. consent to receiving a copy of the Credit Contract and any Disclosure Document electronically via your email address and/or Members Log-In Area.

6. 6. Statement of Account

   You can request electronic copies of your Statement of Account to be sent to your email address. Since our loans are short term, we don’t send statements unless you ask for them.

7. 7. Paying Your Account

   • You must make all Repayments on or before the relevant Repayment Date on the Repayment Schedule

   • Unless we tell you otherwise:

     1. You must make all Repayments to us by using Direct Debit Facility or otherwise by a payment method approved by us;
     2. Any Repayment that you to us will not be applied to your Loan until it is received by us as cleared funds;
     3. If it is not clear that a payment you make to us relates to your account, we will only apply it towards your Loan from the date you provide us with clear confirmation that the payment relates to your Loan.
     4. We are not liable for any delay in processing any Repayment you make to us, regardless of whether the delay was caused by us or otherwise.

   • If you have, or think that you will have any difficulty making any Repayment by the due date, please contact our collections department to discuss payments of your loan. See section on Unforeseen Hardship

8. 8. Default (Failure to make payments on time

   • We may treat your account as being in Default if;

     1. you fail to make any Repayment by the due date;
     2. the unauthorized cancellation of your direct debit authority;
     3. any payment you make via a Direct Debit Facility is not honoured in full;
     4. you fail to comply with any material provision of this Credit Contract;
     5. we reasonably believe that we provided credit to you under circumstances of your fraud or misrepresentation or for an action deemed illegal;
     6. you are otherwise unable to pay your debts as they fall due;

   • If your loan repayments are in Default we may, after giving notice required by any mandatory laws applicable to this Credit Contract, do any of the following in accordance with the law:

     1. attempt to make a new payment arrangement with you;
     2. give notice of a credit default to any credit bureau;
     3. pass your debt to a debt collection agency who may add collection costs to your debt.

   • If your Account is in Default, you may be charged any applicable:

     1. default fees, as specified in the 'Fee Statement' on our website.
     2. interest at the rate specified in this Credit Contract till the 60th day, at which time the interest rate will reduce to 0% per annum

9. 9. Privacy and Your Personal Information

   Cash Relief Limited collects personal information about you through their website www.cashrelief.co.nz and may use any credit bureau reporting service to credit check you. By submitting a Loan Application you consent to Cash Relief:-

   • Requesting any credit bureau to give Us information about you for that purpose;
   • Providing your personal information to any credit bureau, and they may hold that information on their systems and use it to provide their credit reporting service.
   • When other credit bureau customers use the reporting service, they may give the information to those customers.
   • If you default in your payment obligations, information about that default may be given to any credit bureau who may give that information about your default to other customers.

10. 10. Statement of Right to Cancel

    • The Credit Contracts and Consumer Finance Act 2014 gives you a right for 7 days after the terms of this contract have been disclosed to you to cancel this contract. If you want to cancel this contract you must give written notice to us. You must also return to us any cash advance.

    • If you cancel the contract we can charge you:

      1. the amount of any reasonable expenses we had to pay in connection with the contract and its cancellation; and
      2. interest for the period from the day you received the advance until the day you repay the advance.

    • This statement only contains a summary of your rights and obligations in connection with the right to cancel. If there is anything about your rights or obligations under the Credit Contract and Consumer Finance Act 2003/14 that you do not understand, if there is a dispute about your rights, or if you think we are being unreasonable in any way, you should seek legal advice immediately. See the section on Your Right to Complain

11. 11. Change of Personal Details

    • To effectively provide credit to you, it is important that the Personal Information we hold about you is complete, accurate and current. At any time while we hold your Personal Information, we may ask you to tell us of any changes to your Personal Information. Alternatively, if you are aware that the Personal Information we hold needs to be corrected or updated, please notify us.
    • You must notify us immediately upon any change to:
      1. Your name;
      2. Your contact details;
      3. Your employment details;
      4. Your financial situation which will affect your ability to make any Repayment.
    • We rely on you keeping your Personal Information up to date and complete. You cannot make any claim against us if our records are out of date, incomplete or inaccurate because you’re your failure to advise us of the change of details or any discrepancy in details;
    • Please notify us by telephone, update your personal information in the Member Log-In Area or send an email of any changes.

12. 12. Unforseen hardship

    You can claim unforeseen hardship if your circumstances have changed. Unforeseen hardship can be caused by Illness, loss of employment, serious injury, end of a relationship etc. You must let us know in writing and advise us of the reason you are claiming unforeseen hardship. We are committed to collecting your past due loans in a professional, fair and lawful manner. Further information in regard to situations of financial hardship can be found here: http://www.consumeraffairs.govt.nz/for-consumers/credit-and-debt-1/cancelling-or-changing-your-contract-1/hardship

13. 13. Your right to complain

    Please refer any complaint you have to the collections officer or customer service person in contact with you. They should endeavour to resolve any complaint you have promptly and fairly. However if this initial attempt to resolve the matter has failed, please address the issue to service@cashrelief.co.nz and mark it to the attention of the Complaints Officer.

    We have an internal complaints process and undertake to investigate any concerns promptly and fairly. We have up to 40 days to respond to your complaint. We are a member of an independent dispute resolution scheme operated by Financial Services Complaints Limited (“FSCL”) and approved by the Ministry of Consumer Affairs. If you are not satisfied with our response, you may then refer the matter to FSCL by emailing info@fscl.org.nz or calling on 0800 347 257.

    FSCL does not deal with complaints about standard fees or interest rates unless such fees and/or interest rates are not in accordance with your loan agreement. There is no cost to you to use the services of FSCL.

14. 14. Credit Review

    • We may at our sole discretion, conduct review of your loan credit limit from time to time.
    • For the purposes of any credit review we may, at our sole discretion, do any of the following:
      1. Provide your Personal Information to any credit reporting agency for the purpose of any review;
      2. Obtain a credit report from any credit reporting agency for the purpose of any review;
      3. Make any further enquiries, as we see fit;
      4. Call you by telephone or contact you electronically to obtain an update on your personal and financial circumstances or to inform you of your credit status;
      5. Provide your Personal Information to any credit reporting agency if your Account is in Default.
      6. Advise you of any change to your credit limit status.

15. 15. Dispute Resolution

    Financial Complaints Services Limited
    After having submitted a complaint to us and If you are unable to satisfactorily resolve any dispute, you can make a complaint to Financial Services Complaints Limited

    It is free to make a complaint to this independent dispute resolution scheme. This scheme can help you to resolve any disagreements you have with us.

    Phone 0800 347 257
    Website/email: info@fscl.org.nz
    Address: PO Box 5967, Wellington 6011
    

16. 16. Full repayment

    You can repay your loan in full at any time. There is no cost to do this. You only pay the outstanding balance due at that time.

17. Definitions

    Please refer to these definitions as you consider the terms and conditions of this Credit Contract.

    Account means the loan you have with Cash Relief.
    Credit Contract means this credit contract, made between you and Cash Relief and includes the Terms and Conditions and Repayment Schedule emailed to you.
    Credit Limit means the maximum amount of credit we will agree to allow you to request under this Credit Contract from time to time, as initially a maximum of $200, and thereafter the amount we determine based on your income.
    Default means any of the circumstances described in clause 8.
    Disclosure Document means the Information Statement and Credit Guide required to be given to you by the Consumer Credit Code.
    Direct Debit Facility means the facility you elect to use, at your sole discretion, to make any payments to us under this Credit Contract by direct debit.
    Electronic Acceptance means your acceptance of this offer of credit by checking the Signature Box and pressing the "I agree" button relating to this Credit Contract.
    Loan Application means any request for a loan made on the Cash Relief website under the Apply Now section. You must select the “Submit” and “I Agree” buttons to submit a loan application.
    Loan means any cash advance that is actually made under these terms and conditions when requested using the website loan application facility.
    Member Log-In Area means the password protected section of the Cash Relief Website where you can access information concerning your Account.
    Personal Information has the meaning assigned to that term in the Privacy Act, and includes the information provided by you in your application for credit in this Credit Contract (as stored in your Member-Log In Area).
    Repayment includes each and any payment, payable under this Credit Contract.
    Repayment Schedule means a schedule of your Repayments provided in an email to you when your loan has been approved, or as notified to you from time to time.
    Statement of Account means the statement of your Account relating to this Credit Contract provided on request.
    User, you, I or your means the person who agrees to enter this Credit Contract with us as borrower / debtor.
    We, us, our means Cash Relief Limited.