Terms and Conditions

Using prontofinance.co.nz

By using this website and/or submitting an online application form you are accepting the Terms and Conditions, our Privacy Policy and other notices posted on this website. Your use of this website and all of its content indicates your acknowledgment and agreement to these Terms and Conditions, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our current information, services, or website.

Pronto Finance Limited (Pronto Finance) shall have the right, at its sole discretion, to modify, add or remove any Terms and/or Conditions without notice or liability to you. Any changes to these Terms and Conditions shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms and Conditions may always be found at www.prontofinance.co.nz

You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of this website following changes to these Terms and Conditions shall constitute your acceptance of all such changes. These Terms and Conditions were last modified on November 16th 2021.

Online Application

Our online application form requires applicants to provide us with personal information such as phone numbers, address, email address, employment and general financial details. We will collect and store all information that you provide from the application form to send you additional information about our company and other promotional materials and programs from some of our related entities.

Other Information

The information on this website has been provided by Pronto Finance for informational purposes. Pronto Finance does not warrant the accuracy or completeness of the materials on this website. Pronto Finance does not accept any liability for any loss or damage directly or indirectly arising from any information contained on this website.

Electronic Communications

You consent to receiving communication from us electronically and you agree that all agreements, notices and disclosures satisfy any legal requirement that such communication be in writing. You agree for the purposes of the Electronic Transactions Act 2002 to be bound by any agreement reached through electronic means.

Jurisdiction

This website is governed by, and is to be interpreted consistently with, New Zealand law.

Privacy Act 2020

You declare that all information provided is true and correct and that you are over the age of 18 years and you are not undischarged bankrupt/s.
Where the applicant is a limited liability company, this authority and acknowledgement applies to all directors of that company.

Credit Reporting

The credit reporting agencies we use are Equifax New Zealand Information Services and Solutions Limited [formerly Veda Advantage (NZ) Limited] and Centrix Group Limited. As of 13/3/17 Veda was rebranded and is hereby referred to as ‘Equifax’ and their address is Private Bag 92156, Auckland Mail Centre Auckland 1142. The address for Centrix is PO Box 62-512, Greenlane, Auckland 1546.

You understand that Pronto Finance Limited are asking for your personal information so as to use Equifax and/or Centrix’s services to credit check you including to verify your identify as may be required to do by laws such as the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (‘AML Laws’). You understand that:

Equifax and/or Centrix will give Pronto Finance information about you for that purpose.
Pronto Finance will give your personal information to Equifax and/or Centrix, and they will hold that information on their systems and use it to provide their credit reporting service.
When other Equifax and/or Centrix customers use the Equifax and/or Centrix credit reporting services Equifax and/or Centrix may give the information to those customers including for the purposes of assisting customers to verify your identity as they may be required to do by AML Laws and you authorise Equifax and/or Centrix to do so.
You consent to Equifax and/or Centrix (or the Ministry of Justice) disclosing to Pronto Finance any information they hold relating to any overdue fines that may be outstanding against you.
Pronto Finance may use Equifax and/or Centrix’s credit reporting services in the future for purposes related to the provision of credit to you. This may include using Equifax and/or Centrix’s monitoring services to receive updates if any of the information held about you changes.
If you default in your payment obligations to Pronto Finance, information about that default may be given to Equifax and/or Centrix, and Equifax and/or Centrix may give information about your default to other Equifax and/or Centrix customers.
If Pronto Finance asks you to provide them with your driver’s licence number/s or passport number/s to help them confirm your identity, you understand that Pronto Finance may pass this information on to Equifax and/or Centrix. You understand that disclosure of your driver’s licence number/s or passport number/s to Equifax and/or Centrix is voluntary.
Pronto Finance uses and provides information for the purpose of Comprehensive Credit Reporting. This includes the type of credit accounts you hold, the amount of credit extended to you, your repayment history, the status of your account and the details of the credit provider. Pronto Finance will provide Equifax and/or Centrix with this information, including information about your repayment history , on a monthly basis. Equifax and/or Centrix will use your repayment history, including both positive and negative information about your repayments in their Comprehensive Credit Reports.

Other Sources and Holders of Information

You agree that these terms will apply to the provision of finance by Pronto Finance Limited (the “lender”).

You consent to the personal information provided in support of the application (whether in the application form or otherwise) being received, assessed and held by the lender and to the information being used from time to time by the lender for all or any of the following purposes:
- For the lender to decide whether or not to grant a loan or on your application to vary an existing loan agreement.
- Administering the loan.
- Enforcing payment and other legal obligations.
- To check, verify and exchange (both now and in the future) personal, residential, contact, financial and commercial information.
- Supplying independent third parties or related parties with updated contact information which relates to a listed default in your name or to assist in the enforcement of an outstanding debt.
- Supplying the borrower and guarantor with information about services offered by the finance company or it’s related entities.
You acknowledge and authorise that the lender may provide and obtain information for the purposes set out in the paragraphs above to or from any individual or organisation, including but not limited to, Equifax and/or Centrix, any financial or insurance institution, bank, Regional and District Council, Government Department or Agency, your Employer/s, Accountant and Landlords (both now and in the future), your Mortgagees, their respective Solicitors and any Real Estate/Rental Agencies.
You authorise Pronto Finance to disclose the information to any third party who has or may have in the future a financial interest in your loan.
You hereby authorise the lender to access your driver licence record using the New Zealand Transport Agency’s Driver Check Service and for the lender to re-check your licence(s) during the term of the loan.
Driver Check allows the user to access the following information about your driver licence:
- The licence classes you hold, eg: a class 4 licence to drive heavy trucks
- The licence endorsements you hold, eg a D endorsement to carry dangerous goods
- The conditions on your licence, eg the requirement to wear corrective lenses when driving
- The status of your licence, eg current, expired, suspended, disqualified, revoked or reinstated

Each borrower is aware and agrees specifically that the lender provide to the guarantor any information used by the lender which the lender considers should be provided also to the guarantor.
You promise that the information given in this application is correct to your best knowledge, information and belief.

You note that under the Privacy Act 2020 you are entitled to request access to, and (if required) correction of, any personal information held about you by the lender.

Credit Sense Terms and Conditions

IMPORTANT – READ CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS
If you do not accept these Terms and Conditions you must not click “I Agree” stating you agree to be bound by these Terms and Conditions nor should you click “I Agree” stating that you have read and agree to the terms of the Privacy Policy of the Company.

On acceptance of these Terms and Conditions the Agreement will be finalised and the following provisions shall apply to the relationship between you and the Company.

These Terms and Conditions (“Agreement”) constitute a legally binding agreement between the end user (“you”) and Credit Sense Australia Pty Ltd ACN 163 577 768 (“Company”).

The purpose of this Agreement is to regulate the legal relationship between you and the Company in relation to your use of the Service (defined below).

The parties hereby agree as follows:

DEFINITIONS

“Aggregated Data” means Customer Data and usage information that has been stripped of all personally identifiable information.
“Customer Data” means a Customer’s account information, account access information and registration information, as provided by you or as you have consented to the Company obtaining or accessing under this Agreement which shall include but not be limited to Centrelink online account registration and access information.
“Service(s)” means the provision of your Customer Data by the Company to a credit provider to enable assessment by the credit provider of your financial circumstances.

SERVICES

The Company will provide the Services.
To enable the Company to provide the Services:
Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works from the Service however those may be obtained. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
Content You Provide. By entering into this Agreement you are licensing to the Company and its service providers (“Service Provider”), any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Service. The Company and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you or on your behalf to credit providers. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Company and the Service Provider may use the Content for the purposes set out above. As between the Company and any Service Provider, the Company owns your confidential account information.
Third Party Accounts. By using the Service, you authorise the Company and any Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant the Company and any Service Provider a limited power of attorney, and you hereby appoint the Company and any Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY OR ANY SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, THE COMPANY AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
OUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ANY SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY AND ANY SERVICE PROVIDER MAKE NO WARRANTY THAT: – THE SERVICE WILL MEET YOUR REQUIREMENTS; – THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; – THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; – THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR – ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER THE COMPANY OR ANY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARM, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
THE USE, INABILITY TO USE, UNAUTHORISED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
ANY OTHER MATTER RELATING TO THE SERVICE.

INDEMNIFICATION

You agree to protect and fully compensate the Company and any Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors fees) caused by or arising from your use of the service, your violation of the terms of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that any Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if that Service Provider were a party to this Agreement.

PROTECTED INFORMATION

Privacy Policy. The Company’s privacy policy shall govern the use of all Customer Data.
Permitted Uses of Customer Data. The Company and any Service Provider may: (a) use Customer Data internally to provide and improve the Services; (b) to the extent permitted by law, use, sell, license, distribute and disclose Aggregated Data; (c) to perform fraud screening, verify identities, and verify information. The Company and any Service Provider who has access to Customer Data will not disclose Customer Data to any third party other than Aggregated Data.

MISCELLANEOUS

Assignment. The Company may assign or delegate this Agreement or any of its rights or duties hereunder, directly or indirectly without your consent. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns.
Jurisdiction. This Agreement shall be governed by the laws of the State of Queensland.
Notices, etc. Any notice, notification, demand or request provided or permitted to be given under this Agreement must be in writing and will have been deemed to have been properly given, unless explicitly stated otherwise, if sent by (i) overnight courier (signature required), (ii) registered or certified mail, postage prepaid, return receipt requested, (iii) facsimile with receipt of a “Transmission OK” acknowledgment confirmation during normal business hours to the place of business of the recipient, or (iv) personal delivery with a signed receipt. In the case delivery by facsimile the notice must be followed by a copy of the notice being delivered by a means provided in clauses (i), (ii) or (iv). All notices, notifications, demands or requests so given will be deemed given and received (A) if mailed, two (2) days after being deposited in the mail, (B) if sent via overnight courier, the next business day after being deposited, (C) if facsimiled, the next business day after being sent by facsimile, and (D) if personally delivered, when delivered.
The address for notices to Company is:
c/- JHK Legal
Level 15, 241 Adelaide Street
Brisbane QLD 4000

Severability.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Loan contract

Standing Disclosure