TERMS AND CONDITIONS
The following are the Terms and Conditions of Cigno Australia Pty Ltd (‘Cigno’, ‘us’, ‘we’).
1. Services Agreement
1.1 On your request, we may agree to enter into a Services Agreement (‘Services Agreement’) with you in accordance with these Terms and Conditions.
2. Services
2.1 Cigno will provide you with the following services (‘Services’) under a Services Agreement:
(a) prior to you receiving credit from a Lender, acting as your agent, Cigno’s services will include:
(i). assisting you to source credit from a Lender using Cigno’s quick and easy application process;
(ii). collecting and collating your details and verification documents required to submit a credit application with a Lender on your behalf;
(iii). conducting an assessment of your credit application prior to submitting to a Lender;
(iv). presenting the finalised credit application to a Lender in a particular format to ensure the fastest response possible;
(v). communicating with a Lender concerning your credit application;
(vi). agreeing with the lender to make payments on your behalf as and when due under the Loan Agreement; and
(b) provide ongoing management services to you , including:
(i). ongoing access to the Cigno customer service team;
(ii). ongoing access to all Cigno online resources and the member portal;
(iii). corresponding on your behalf with the lender regarding your Loan Agreement;
(iv). collecting and processing payments owed by you to the Lender;
(v). providing regular payment reminders via email and SMS;
(vi). providing regular account statements and upon request;
(vii). assisting you to change or modify your payment schedule in accordance with clause 6.7; and
(viii). facilitating all other services and reconciliations related to your Cigno account and the Loan Agreement.
2.2 You agree to pay all applicable fees owing by you under any Services Agreement you enter into with us in accordance with the Service Agreement and these Terms and Conditions.
3. Authorisation to act on your behalf
3.1 You agree that we may act and communicate on your behalf as your agent in providing Services to you including under a Services Agreement and these Terms and Conditions.
3.2 You acknowledge that we are not liable for the conduct of the Lender or any other third party and do not act as agent for the Lender or any other third party.
3.3 If you fail to fulfil any of your obligations to the Lender, you agree that we may, in our absolute discretion, fulfil any of your obligations to the Lender on your behalf. You agree that you will indemnify us for any costs that we incur in fulfilling an obligation in accordance with this clause.
4. Fees
4.1 A weekly Account Keeping Fee is payable by you to remunerate us for the provision of, and costs associated with, the Services under sub-clause 2.1(b). The Account Keeping Fee accrues weekly. The accrued and unpaid Account Keeping Fee(s) as at a Payment Date are payable on that Payment Date. You may incur additional weekly Account Keeping Fees if the duration of your Loan Agreement is extended or if you fail to repay the Total Amount Owing by the final Payment Date.
4.2 A Default Fee will be payable by you to us if you are in Monetary Default under clause 10.2(a).
4.3 We may, in our sole discretion, delay or waive wholly or partly, any Default Fee or Change of Payment Schedule Fee. Delay or waiver only applies to that particular fee. You may incur the full amount of a relevant fee in respect of future failures to make, or changes that you make to, a repayment.
4.4 If you request to change your Payment Schedule under this Services Agreement, the Loan Agreement, or both, a Change of Payment Schedule Fee will be payable.
5. Verification of Identity
5.1 You agree to provide us with all information (including your personal information, such as your name, address and date of birth) or documentation reasonably required by us to enable us to verify your identity in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
5.2 You consent to us using and disclosing personal information about you for this purpose. You warrant that all such information provided to us is true and correct and acknowledge that if we are unable to verify your identity as required, we will not be able to provide Services to you.
5.3 You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments as required under a Services Agreement.
5.4 All information collected by us will be collected, used and stored in accordance with our Privacy Policy.
6. Payment Schedule
6.1 We will facilitate collection of all payments due to us under Services Agreements and all payments due to the Lender under a Loan Agreement.
6.2 Payments due under a Loan Agreement will be collected in intervals and amounts as set out in the Loan Agreement that you enter into with the Lender.
6.3 Payments due under Services Agreements will be collected in intervals and amounts as set out in a Payment Schedule.
6.4 Payments under Services Agreements must be made by direct debit in accordance with clause 7 unless we agree to an alternative payment method.
6.5 In receiving or collecting payments on your behalf in accordance with a Loan Agreement, we will allocate repayments proportionately between the amount owing to the Lender and the amount owing to us. If there is a shortfall in amounts owing, payments will be applied between the respective obligations at our discretion.
6.6 We will retain a copy of your Loan Agreement to enable us to calculate and collect repayments from you to forward to the Lender. We will make reasonable attempts to notify you any time there is a change to the amount of each periodic payment that we collect from you.
6.7 If your repayments are at a deficit to the Lender, you agree to make payments to us until the deficit and your obligations under any active Services Agreement are discharged. We may vary your Payment Schedule to include modified or additional payments to enable you to comply with this clause.
6.8 Repayments can be made at any time before the relevant Payment Date. Otherwise, we will automatically process payments by direct debit on your behalf in accordance with clause 7.
7. Direct Debit Agreement
7.1 You authorise and request the Direct Debit Providers to receive, account and remit payments owing under any Services Agreement that you enter into with us and any Loan Agreement that you enter into with the Lender from your bank account in the Details or to any other account you provide to us in the future, in accordance with the Terms and Conditions of the relevant Direct Debit Provider.
7.2 The direct debits will be made in accordance with the Payment Schedule. You will receive notice of debit payments from your bank account in accordance with this Services Agreement and the terms and conditions of the relevant Direct Debit Provider.
8. Your Cigno Account
8.1 By holding a Cigno Account, you agree to:
(a) not use your Cigno Account or our Services for any unlawful, fraudulent or improper activity;
(b) cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Cigno Account; and
(c) not create more than one Cigno Account.
9. Closing your Cigno Account and termination of Services Agreements
9.1 Except as otherwise stated, any active Services Agreements will be terminated once your Cigno Account is closed. However, you will remain liable for all outstanding obligations related to the Cigno Account even after it has been closed.
9.2 You may only close your Cigno Account if you have repaid the Total Amount Owing under all Services Agreements that you have entered with us.
9.3 We may immediately limit your access to our Services or suspend or close your Cigno Account where we have reasonable cause to do so including, without limitation, where:
(a) we reasonably consider it necessary to do so in order to:
(i). protect the integrity of our systems or the Services;
(ii). prevent fraud; or
(iii). protect us against legal or regulatory risk;
(b) you have Defaulted under clause 10; or
(c) we reasonably suspect, or are aware, that you have breached a Services Agreement in a material respect.
9.4 If your Cigno Account is closed under clause 9.3, any active Services Agreement will be terminated, and all amounts owed by you to us will immediately become payable to us.
9.5 We will use our best efforts to notify you in writing before closing your Cigno Account, except where doing so is prohibited by law or may compromise any investigation related to your suspected misconduct.
10. Default
10.1 Notwithstanding anything to the contrary in these Terms and Conditions, if you Default in the performance of any obligation under a Services Agreement or these Terms and Conditions, the Total Amount Owing at that time becomes immediately due and payable.
10.2 You are in Default under a Services Agreement if:
(a) you do not pay on time any amount due under a Services Agreement (including a direct debit request being dishonoured by your bank) (Monetary Default); or
(b) you give us incorrect or misleading information or we reasonably believe you have acted fraudulently in connection with a Services Agreement.
10.3 If you are in Monetary Default, we will make all reasonable attempts to inform you of the Default and negotiate with the Lender a Payment Schedule to assist you in fulfilling your obligations.
10.4 If a Monetary Default occurs, you irrevocably authorise us to change the timing of any direct debit request to reduce the likelihood of that direct debit request being dishonoured. You indemnify us for any liability that you may incur to your financial institution as a result of direct debit requests processed by us being dishonoured, except to the extent that such liability arises as a result of our error or system failure.
10.5 If a Default in accordance with this clause 10 is not remedied within 7 days after notice is given by us demanding that the Default is remedied, we may terminate a Services Agreement without further notice to you.
10.6 You must reimburse us for any expenses we reasonably incur in enforcing a Services Agreement or exercising our rights under a Services Agreement and these Terms and Conditions when you are in Default. Any such reimbursement is payable immediately on our request.
11. Acknowledgements
11.1 By entering into a Services Agreement with us, you acknowledge and agree that:
(a) you are at least 18 years old, of sound mind and judgement and able to make decisions regarding your finances;
(b) you have the right to and opportunity to obtain independent legal and financial advice before entering into the Services Agreement; and
(c) you will not enter into any Services Agreement if you do not understand the terms.
12. Governing Law
12.1 Services Agreements and these Terms and Conditions will be construed in accordance with, and governed by the laws of, the State of Queensland.
13. Consumer Law
13.1 Nothing in a Services Agreement or these Terms and Conditions is intended to exclude, restrict or modify any non-exclusive provision of the Consumer Laws, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the Consumer Laws.
14. Warranty
14.1 Unless required by law, we do not guarantee continuous, uninterrupted or secure access to your Cigno Account, and we make no representations or warranties regarding the amount of time needed to complete processing of applications.
15. Assignment and other dealings
15.1 We may assign, sell, novate, or otherwise deal with our rights under a Services Agreement in any way we consider appropriate. We will notify you in advance of any assignment. You must execute all documents which in our opinion are necessary for these purposes.
15.2 You must not assign, sell, novate, transfer, or deal with your rights or obligations under a Services Agreement without our written consent.
16. Set-off
16.1 You agree that we may set-off any amount owed to you under a Services Agreement against any amount owed to us under a Services Agreement or any other contract between you and us, and that our liability to make payment will be reduced by the extent of any such set-off.
16.2 You must pay any amount due under a Services Agreement without deduction or set-off (and irrespective of any counterclaim) whatsoever. If you believe that we owe you an amount, you may raise that claim with us separately.
17. Communications
17.1 Unless stated otherwise in a Services Agreement, notices and communications under a Services Agreement must be given in writing, including in electronic form via email or SMS.
17.2 Our contact details are available on our website and in all communications sent to you by us.
17.3 You agree that we can contact you via any phone number or address that you have provided us in your application or otherwise.
17.4 You agree that we may provide any notices under this Services Agreement by electronic communication.
17.5 You give your express consent for us, our affiliates and relevant third parties who provide parallel services to contact you by way of electronic communication (including phone, SMS and email) for the purposes of customer service, debt collection, marketing and promotion. This consent survives the termination of this contract and continues indefinitely unless you withdraw your consent.
18. Disputes
18.1 We aim to:
(a) acknowledge receipt of all complaints within 5 Business Days; and
(b) resolve all complaints within 21 days.
18.2 If you wish to make a complaint to us, you should do so by contacting us by email. Complaints should be raised with us as soon as possible.
18.3 We may request additional documentation from you to assist us in resolving your complaint, and you must provide all reasonable assistance to us to facilitate us in resolving your complaint.
18.4 Where we cannot resolve a complaint within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
19. Entire Agreement
19.1 Unless otherwise stated, any Services Agreement that you enter with us constitutes the relevant Services Agreement and these Terms and Conditions.
19.2 Unless otherwise stated and to the maximum extent permitted by law, a Services Agreement and these Terms and Conditions constitutes an entire agreement of the parties about the subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in a Services Agreement and these Terms and Conditions, you agree that you have not relied on any representation made by us or on our behalf.
19.3 Except as otherwise provided in a Services Agreement, a Services Agreement or these Terms and Conditions may be varied by us giving written notice to you no less than 14 days before the variation will take effect, to:
(a) comply with any change or anticipated change in any relevant law, code of practice or guidance or to reflect any decision of a court, ombudsman or regulator; or
(b) reflect a change in our Services, systems or procedures.
20. Definitions
20.1 Business Day means a day that is not a Saturday or Sunday or a public holiday, special holiday or bank holiday in Queensland.
20.2 Cigno Account means the online account you create with us for the provision of Services.
20.3 Consumer Laws means the Australian Securities and Investments Commission Act 2001 (Cth) and the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth).
20.4 Default means an event outlined in clause 10.2.
20.5 Details means the table headed ‘Details’ at the start of this Services Agreement.
20.6 Direct Debit Providers means any of the direct debit providers listed on our website, as updated and amended from time to time.
20.7 Lender means a third party lender that offers credit in relation to Services Agreements offered by us.
20.8 Loan Agreement means a contract entered into between you and a Lender to provide credit in relation to this Services Agreement.
20.9 Monetary Default means Default under clause 10.2(a).
20.10 Payment Date means the date on which a instalment is due as listed in the Payment Schedule.
20.11 Payment Schedule means the payment schedule under a Services Agreement as amended and varied from time to time.
20.12 Services means the services provided by us as specified in clause 2.1
20.13 Total Amount Owing at any time is the balance owing under a Services Agreement including any fees payable under that Services Agreement as at that time, less any payments received from you under that Services Agreement.
20.14 Us, We and Our means Cigno Services Pty Ltd.
20.15 You means the person named in Item 2 of the Details.
21. Interpretation
21.1 Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Services Agreement.
21.2 Words in the singular mean and include the plural and vice versa.
21.3 A reference to a clause is to a clause in this Services Agreement.