Who we are and what we do, QuickaPay!
We are Quicka Pty Ltd (ACN 634 811 671) trading as QuickaPay, of Level 8, 11-17 York St, Sydney NSW 2000 (QuickaPay or we, us or ours). You are the buyer who agrees to these Terms (Buyer, you or yours).
You may apply to open a buyer account on our Platform. If you do this and satisfy our application conditions you will be able to purchase products or services from Merchants using our Buy Now, Pay Later (BNPL) Payment Plan Service. These Terms outline the credit contract terms of the BNPL Payment Plan service we provide to you and the terms and conditions associated with opening and maintaining a QuickaPay account. These terms also outline our obligations to you and what we will provide. You are limited to opening one QuickaPay account with us at all times.
In order to take out Payment Plans with us, you will also need to enter into certain agreements with third parties who provide certain services to us. By opening a buyer account and taking out Payment Plans, you agree to the terms and conditions of those third parties (Third Party Provider Terms). There are links to the Third Party Provider Terms in clause 16 of these Terms.
1. Buy Now Pay Later Service
1.1 Under these Terms, and if your account is approved, you are able to take out a Payment Plan from us to buy goods or services from a Merchant up to your account limit.
1.2 You select what goods or services you wish to buy from a participating Merchant online, in person or over the phone. A participating Merchant is one who offers you options to pay that include using the QuickaPay Buy Now Pay Later (BNPL) Payment Plan service.
1.3 You apply to open a buyer account with us if you do not already have one.
1.4 We may approve your application to open a buyer account with us. If we do so and you agree to these Terms, you can take out a Payment Plan to buy goods and services from the Merchant up to your approved account limit.
1.5 Your account limit is set based on our assessment of your circumstances and ability to afford the repayments.
1.6 You agree to pay back each Payment Plan to us in instalments and these terms serve as a credit contract with us for financing the purchases you make using that Payment Plan. To make a purchase, it must be approved by us as being within your account limit and you must confirm the Payment Plan by clicking “confirm payment” on a QuickaPay- payments page.
1.7 Upon clicking “confirm payment,” you are agreeing to enter into a credit contract with us. Under this contract, we finance your purchase by paying the merchant upfront on your behalf. You pay us back in equal fortnightly instalments as set out in your Payment Plan Schedule. By clicking “confirm payment,” you will also enter into a direct debit request and service agreement with our Third Party Provider whose Terms are set out in clause 16.
2. Credit contract terms
2.1 Each Payment Plan by us to you will be on the terms set out in these Terms. Further, the subject matter of any agreement with a third party you need to enter into to obtain a Payment Plan from us will be on the Third Party Provider Terms.
2.2 Unless we and you expressly agree in writing, these Terms override any terms proposed by you for a Payment Plan.
2.3 If there is any inconsistency between these Terms and the terms and conditions governing any other service we provide to you, these Terms will prevail to the extent of that inconsistency.
3. Late Fees
We do not charge you fees for creating an account or setting up a Payment Plan. However, we do charge Late Fees if you fail to pay an instalment to us by the due date specified in your Payment Plan Schedule. We will notify you by way of email or call before we commence to charge you Late Fees. Your Payment Plan Schedule is published on our Platform and website. We may update our Late Fees from time to time with future effect only. This means the updates will only apply to new Payment Plans you take out with us. The updates we make may include adding new fees. We will post a notice of proposed updates on our Platform no later than 60 days before they are intended to come into effect. This is to give you time to move to an alternative BNPL provider if you do not wish to pay our varied fees. In addition, the first time you take out a Payment Plan after our fees have been updated, you will be reminded of the change to our fees that were notified on our Platform in accordance with this clause. You may choose not to take out a Payment Plan if you do not agree to the fee we have quoted.
4. Refunds from Merchant
4.1 You may request a refund by contacting the Merchant from whom you purchased the goods or services that were paid for by way of a Payment Plan with us. Only the Merchant can approve a refund request in accordance with their terms and conditions.
4.2 You acknowledge and agree that we do not have any control over approving your refund request and this credit contract remains in effect even if your refund request is declined by the Merchant.
4.3 If your refund request is approved, we will refund back to you the amount instructed by the Merchant within 5 Business Days from the date the merchant notifies us that your refund request has been approved. We do not charge you any fees for refunds. You can track the status of your refund requests in your QuickaPay dashboard.
4.4 Clauses 4.1, 4.2 and 4.3 do not prejudice or adversely affect in any way any rights you may have to obtain a refund under any Law, including the Competition and Consumer Act 2010 (Cth).
5. Our relationship with Merchants
We do not act for you as your agent or on any exclusive basis. You consent to us providing services to both you and the Merchants.
6.1 You must agree to the direct debit request and direct debit service agreement referenced in the link in clause 15.3 relating to Split Payments Pty Ltd. This is so that we may direct debit funds from your nominated bank account to cover the instalments by which you repay your Payment Plans.
6.2 You must pay back each Payment Plan in accordance with your repayment schedule which is provided to you at the time you make the purchase. This is also made available to you in the QuickaPay platform. The first direct debit from your nominated bank account will occur immediately when you accept these Terms and we open your buyer account.
6.3 The direct debits will repeat every 14 days until each Payment Plan is paid back in full. However, you can also make payments at any time before the instalment due date if you wish to do so. When a direct debit due date falls on a weekend or public holiday, the debit will be processed on the immediately following Business Day.
6.4 Payments will be debited from your nominated bank account in accordance with your Payment Plan Schedule.
6.5 You must do all things reasonably necessary to facilitate the direct debits from your nominated bank account in accordance with your Payment Plan Schedule. You are responsible for ensuring that you have sufficient funds in your nominated bank account for that account to be debited on the dates and for the amounts specified in your Payment Plan Schedule. You are liable for any fees or charges imposed by your financial institution in relation to your nominated bank account.
6.6 When you take out a Payment Plan with us, we will send you reminders about upcoming payments the day before your instalment payment is due by both email and SMS. These reminders will also include the amount that will be direct debited from your nominated account.
7. Late payments
7.1 The applicable Late Fees are specified on the Platform. These fees apply if an amount required to be paid under the Payment Plan Schedule is not received on or before the scheduled payment due date.
7.2 If a direct debit fails on any of the dates specified in your Payment Plan Schedule, then we reserve the right to re-attempt to process the payment at a later time or date including the applicable Late Fee, unless you otherwise make the scheduled payment on or before the relevant due date.
7.3 We will attempt to reprocess a missed instalment payment at no additional charge to you. However, if the attempt to reprocess the missed payment fails, a late fee will become payable. More information on late fees is set out on our Platform.
7.4 If you fail to pay two consecutive scheduled payments specified in your Payment Plan Schedule, your buyer account will be suspended immediately. If you do not have sufficient funds in your nominated bank account or you are otherwise unable to make the payment on time, please contact us immediately at email@example.com or calling us on (02) 7202 6166.
7.5 We will not be liable for any fees or charges associated with insufficient funds in your nominated bank account. You must direct any enquiries about unsuccessful debits on your account to your financial institution.
7.6 If you fail to pay more than two consecutive and regularly scheduled payments under a Payment Plan we will treat you as being in breach of the Payment Plan. We reserve the right to take further action under these Terms. The action we may take includes action under clause 14 to request repayment of all unpaid amounts, to sell the debts you owe to us to a debt collector, or outsource collection of those debts to a debt collector.
8. Registration of a QuickaPay buyer account
8.1 You must have a buyer account to take out Payment Plans from us.
8.2 You may apply for a buyer account with us on our Platform. You must be physically located in Australia or incorporated or operating in Australia if you are a company or other type of legal person operating a business. If you are an individual opening a buyer account in your personal capacity, you must be at least 18 years old, be capable of entering into a legally binding contract and hold an Australian bank account in your name. You must apply under your real name and using your correct personal details. We reserve the right to reject an application unless we have obtained all information that we reasonably request and are satisfied with it. If you are a company or other type of legal person other than an individual, you must create a merchant account with us first. If you are a company, your application must be made by one of your directors. If you are a partnership, your application must be made by one of your partners.
8.3 We may also reject your application for a buyer account for other commercial or regulatory reasons as reasonably determined by us, including if we consider it appropriate in order to protect our legitimate interests which may include our reputation.
8.4 You authorise us to verify the details you give us in your buyer account application with your financial institution.
8.5 You authorise us to make, directly or through third parties, any enquiries we consider reasonably necessary to verify your identity and assess the suitability of the Payment Plan for you. This may include review of your previous bank statements, performing a credit check when you seek credit for purchases in an amount greater than $1,000 AUD, and other suitability checks including verifying information you have provided to us against third party databases.
8.6 You authorise us to disclose to third parties, to the extent required by any applicable Laws, any information in relation to your QuickaPay buyer account, such as reporting any payment defaults to credit reporting bodies.
9. Using your QuickaPay buyer account
9.1 You must keep your buyer account secure. You must not disclose your login details to anyone. We will not be responsible for any losses, claims or damages which may be suffered by you as a result of your failure to keep your buyer account secure.
9.2 You must not, or attempt to, or allow or procure anyone else to, hack or reverse engineer our Platform and/or your account. You must immediately notify us if you suspect any unauthorised access or unlawful use of your buyer account. You agree to indemnify us for all losses, damages and claims we may suffer as a result of your failure to secure the buyer account or any unauthorised access to the buyer account caused by your failure, whether intended or not.
9.3 Our limitation of liability in clause 9.1 and your indemnity in clause 9.2 does not apply to the extent that the loss is suffered as a result of our fraud, wilful misconduct or negligence.
10. Suspension or termination of buyer account
10.1 We are entitled to suspend your buyer account immediately if we consider (acting reasonably) that:
a. your account has been accessed without authority;
b. your account has been used unlawfully;
c. access to your account may pose a threat to the security or integrity of our Platform, systems or business;
d. a transaction that is to be, or will be, undertaken via your account, is not genuine or at arm’s length;
e. you are carrying out any fraudulent or illegal activities, such as, for example, engaging in identity fraud or laundering money or facilitating the commission of terrorist acts;
f. any of the warranties you give under these Terms may be untrue or misleading; or
g. it is otherwise reasonably necessary in order to protect our legitimate interests.
10.2 We will notify you of the suspension and you will be given a reasonable opportunity to remedy the cause of the suspension to our satisfaction, if it is capable of remedy. We will act reasonably in determining if you have remedied the cause of the suspension.
10.3 We may terminate your buyer account if your buyer account is suspended and you fail to remedy the matter (if capable of remedy) to our reasonable satisfaction within 10 Business Days.
10.4 If your buyer account is suspended or terminated, your obligation to pay us any outstanding Fees will remain in effect.
11. More details about Payment Plans
11.1 Subject to these Terms, our Payment Plans are available to you in relation to purchases of goods or services from Merchants for amounts in the range of $200 to $20,000 AUD. We may agree with you in writing to change these thresholds if requested by you for special circumstances so long as it is in line with our legitimate interests.
11.2 You must submit to us complete, up-to-date and accurate information about yourself or we will not provide Payment Plans to you. We are not responsible for conveying any incorrect information to Merchants due to any incorrect, incomplete or inaccurate information that you submit to us.
12. Disputes between you and a Merchant
12.1 You acknowledge and agree that, in general, all claims or disputes in connection with the goods or services you receive from Merchants are to be resolved directly between you and the Merchant.
12.2 If the Merchant from whom you purchased goods or services using a Payment Plan says that it is unable or unwilling to cancel your purchase or process a refund to you, or does not respond to your claim within 14 days of you making a claim to the Merchant, you may submit a claim with us. Our Dispute Resolution team will notify the Merchant of the dispute. We will ask the Merchant and you to provide us with more information about the facts surrounding that dispute and any information received from you will be shared with the Merchant. If the dispute cannot be resolved within 20 days from the date you lodged it with us, you can escalate the dispute to a claim. You must respond to our enquiries within the timeframe specified by us. If you fail to respond we will not continue to process your claim or otherwise assist you in relation to your complaint and it will be closed and may not be reopened. We will review the issues and information provided and seek to make a determination no later than 30 days after you have made a claim.
13. Disputes between you and us
13.1 We have posted our complaints policy on our Platform. If you request a copy of this, we will provide you with access to it or a copy of it within 5 Business Days of your request.
13.2 If you raise a complaint or dispute with us, we will acknowledge it within 1 Business Day, or as soon as practicable, and provide an initial response within 10 Business Days from the date of your complaint.
13.3 When we have completed our investigation of your complaint, we will generally provide you with a written response, which will include the outcome of our complaint and your escalation options. There may be some circumstances where we will not provide a written response to you because we have either resolved the complaint to your satisfaction within 5 Business Days or given you an appropriate explanation or apology and there are no further actions we can take to reasonably address your complaint.
a. Your complaints should be sent to:
* Email: firstname.lastname@example.org
* Phone 02 7212 6166
* Mail: Level 8/11-17 York St. Sydney NSW 2000
14.1 Without limiting clause 10, we may terminate the future provision of Payment Plans to you immediately if an Insolvency Event occurs in respect of you. We will notify you of this termination in writing. In addition, any unpaid Payment Plan instalments become immediately due and payable.
14.2 Without limiting clause 10, we may terminate the provision of future Payment Plans to you immediately if we reasonably believe that any of the matters specified in clauses 10(a)(i), 10(a)(ii),(iii), (iv), (v) or (vi) has occurred. We will notify you of this termination in writing. In addition, any unpaid instalments become immediately due and payable.
14.3 Without limiting clauses 10, 14.1 and 14.2, in relation to breaches of the Terms that are capable of being remedied, we may terminate the provision of future Payment Plans to you if we notify you that you have committed such a breach and ask you to remedy your breach and you fail to remedy that breach to our reasonable satisfaction within 10 Business Days. In addition, any unpaid instalments become immediately due and payable.
14.4 We may terminate the provision of future Payment Plans to you for convenience without having to provide any reason if we give you at least 60 days’ notice of this termination to give you time to move to an alternative BNPL provider.
14.5 We will not sell debts you owe us to debt collectors unless you have missed, or are late in making, a payment under a Payment Plan and we have given you notice under clause 14.3, and you have not remedied your default in accordance with clause 14.3.
14.6 We will only use as agents, and sell our debts to, debt collectors that have a good track record in complying with regulators’ debt collection guidelines and have a specified process for dealing with complaints.
15.1 We handle personal information in accordance with the Australian Privacy Act 1988 (“Privacy Act”) for the purposes of providing Payment Plans to you.
15.3 Your personal information may also be disclosed to a debt collector if you are in default under a Payment Plan you have with us.
15.4 We may obtain a credit report about you in connection with your Payment Plan and you consent to us doing this. A Credit reporting body may include information about you in credit reports to credit providers (such as us) to assist them in assessing your creditworthiness.
15.5 We may be required to collect your information by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. If you do not provide us with your personal information we may not be able to provide our services to you.
16. Third Party Provider Terms
16.1 In order to take out Payment Plans from us, you will also need to enter into certain agreements with third parties who provide certain services to us. In particular, you need to enter into such agreements where we require you to:
a. give us the ability to debit payments from your bank account by direct debit; or
b. give read only access to your bank account data for income verification, and credit assessment purposes in accordance with our credit assessment process and due diligence. Amongst other things, this due diligence is to confirm that the Payment Plan is suitable for you.
16.2 You agree that you will abide by the Third Party Provider’s relevant terms and conditions. The terms and conditions of the third party service provider are independent from these Terms and they must be accepted in order to complete your registration for a merchant account or to process a transaction on our Platform in relation to your merchant account, as applicable.
16.3 Split Payments Pty Ltd (Split) provides us with services enabling direct debits from your bank account. You acknowledge that you must accept the Split terms and conditions, and make a direct debit request and enter into a direct debit request and service agreement, as contained on Split’s website, and updated and amended from time to time, before using those Services. The links to Split’s website and relevant web pages are listed as follows for your reference:
16.4 Basiq Pty Ltd (Basiq) is our third party data aggregation platform service provider. You acknowledge that you must accept the Basiq terms and conditions as contained on Basiq’s website, and updated and amended from time to time, before using those Services. The links to Basiq’s website and relevant web pages are listed as follows for your reference:
17. Your warranties and acknowledgments
17.1 You warrant that:
a. You have the power, right, authority and entitlement to agree to these Terms and perform your obligations under them.
b. These Terms constitute a legal, valid and binding obligations of yours and are enforceable against you.
c. If you are a corporation, you have full corporate power and capacity to execute, deliver and perform your obligations under these Terms.
d. If you are the trustee of a Trust:
1. The Trust has been validly created and is in existence.
2. You have been validly appointed as trustee of the Trust and are the sole trustee of the Trust.
3. Your execution of these Terms and performance of your obligations under them is part of the due and proper administration of the Trust and for the benefit of the beneficiaries of the Trust, however described.
4. You have a valid right to be fully indemnified out of the assets of the Trust for all liabilities incurred by you in your capacity as trustee of the Trust, including those incurred under these Terms and your right of indemnity (together with your lien over all of the assets of the Trust) has not been limited in any way.
5. No action has been taken or proposed to remove you as trustee of the Trust.
6. No action has been taken or is proposed to terminate the Trust and no event for the vesting of the assets of the Trust has occurred.
e. In entering into and performing your obligations under these Terms you have not and will not be in breach of any relevant law or any obligation owed to another person (including a Merchant).
17.2 You must comply with all relevant Laws in your dealings with us and with Merchants.
18. Liability and indemnity
18.1 Services come with guarantees that cannot be excluded. In particular, if you are a consumer (as that term is defined in the Competition and Consumer Act 2010 (Cth) or any similar legislation), nothing in these Terms is intended to exclude, restrict, or modify any statutory obligation on us if it cannot be lawfully effected. Without limiting the generality of this clause 18.1, nothing in these Terms (including in this clause 18) is intended to have the effect of excluding, restricting or modifying:
a. the application of all or any of the provisions of the Australian Consumer Law being Part 5-4 of Schedule 2 of the Competition and Consumer Act 2010 (Cth), (ACL);
b. the exercise of a right conferred by such a provision;
c. any liability we have in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
18.2 To the extent permitted by law, except as expressly set out in these Terms, we exclude all express and implied representations, conditions, warranties and guarantees arising from or in connection with these Terms or their subject matter. This is so whether they are based in statute, regulation, common law or otherwise. If the condition, warranty or guarantee cannot be excluded by law, our liability is limited, at our option, to supplying our services again or paying the cost of the re-supply of those services.
18.3 Subject to non-excludable statutory obligations such as those specified in this clause 18, we will not be responsible for, and we exclude, all liability for loss or damage (including any indirect or consequential loss or damage) that you may suffer by reason of or in connection with your use of our services or any act or omission by us. This clause 18.4 does not apply to the extent that our own fraud, wilful misconduct or negligence causes your loss or damage.
18. 4 To the extent permitted by law, you indemnify us fully against any liability, loss or damage suffered or incurred by us, however arising and by whomsoever caused, whether arising directly or indirectly from your use of our services, including any loss, liability or damage related to or arising out of any erroneous or fraudulent act or omission by you or any act or omission of you in breach of these Terms. This clause 18.5 does not apply to the extent that our own fraud, wilful misconduct or negligence causes our loss or damage.
19. Intellectual property
19.1 All Intellectual Property Rights in the Platform and any information published by us belongs to us or our licensor. Nothing in these Terms gives you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any or any aspect of, our Platform unless otherwise expressly permitted by these Terms.
19.2 You are not permitted to use any of the above Intellectual Property Rights without our prior written consent.
19.3 You must not copy, imitate, modify, alter, amend or use our material or our Platform to promote yourself as being connected in any way with us without our prior written consent.
20.1 Waiver. No waiver of any breach of, or failure to enforce any provision of this document at any time by a party to it shall in any way limit the non-defaulting party’s right thereafter to enforce and compel strict compliance with the provisions of this document.
20.2 Variations. We can at any time and from time to time, vary these Terms prospectively by posting the updated Terms on our Platform and specifying an effective date of the update that is no earlier than 60 days after the date on which we post the update (Variation Date). This is to give you time to move to an alternative BNPL provider before the Variation Date if you do not wish to accept our variations. Our variations will not affect your rights and obligations in relation to invoices you upload for payment after we post the updated terms on our Platform but before the Variation Date for the updates.
20.3 Invalidity. If any term of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, the relevant term is to be considered to be modified to the extent necessary to remedy the unenforceability, illegality or invalidity. If this is not possible, the provision is to be severed from these Terms, without affecting the enforceability, legality or invalidity of any other term of these Terms.
20.4 Electronic transactions. The parties consent to any transaction or communication contemplated by these Terms (including the agreement to be bound by these Terms) being effected by electronic methods. Where the method relates to a requirement for a signature, the method must identify the signatory and indicate the signatory’s intention. It must be as reliable as is appropriate for the purpose for which the method is used.
20.5 Governing law and jurisdiction. These Terms shall be governed by and construed in accordance with the laws in force in the place specified by you as your address for service of notices. The parties submit to the non-exclusive jurisdiction of the courts of that place.
1. A notice or demand from us to you can be signed by us, one of our officers, any lawyer acting for us or any person authorised to act on our behalf. It may be served by giving it to you, by sending it to the e-mail address you have provided to us or any other email address of you, your employee or your officer, in each case last known to us, or by posting it to your registered office or your address last notified to us or other address last known to us.
2. If we send you a notice by email, is to be treated as having been received 24 hours after it was sent, unless we have, in the meantime, received a message indicating that it has not been received.
3. If we sent you a notice by post it is to be treated as having been received the fourth Business Day after posting. Anything in connection with legal process (such as court documents) can be served in those ways if the law permits this.
4. Nothing in this clause 20.6 affects our right to serve in any other way permitted by law.
21. Definitions and interpretation
a. ACL has the meaning given to it in clause 18.1(a).
b. Business Day means a day (other than Saturday or Sunday) on which registered banks are open for business in the place specified by you as your address for service of notices.
c. Corporations Act means the Corporations Act 2001 (Cth)
d. Late Fees means the fees to which reference is made in clause 0 and which are specified from time to time in the late fee schedule posted on the Platform.
e. Insolvency Event, in relation to a Person, means that:
a. the person is insolvent, commit an act of bankruptcy, is unable to pay its debts as and when they fall due; or
b. an order is made, an application for an order is lodged with a court regarding the person or a meeting is convened for the appointment of an administrator, receiver, manager, a liquidator or a trustee in bankruptcy, to the person, other than for the purposes of a solvent reconstruction or amalgamation.
f. Intellectual Property Rights means all industrial and intellectual property rights of whatever nature throughout the world conferred under statute, common law or equity, whether existing now or at any time in the future, and includes rights in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trade marks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial and intellectual property rights, whether or not registered or registrable and includes the right to apply for or renew the registration of such rights.
g. Law includes any rule of common law, principle of equity, statute, regulation, proclamation, by-law, ordnance, constitutional provision, treaty, decree or convention which applies in any State and Territory in Australia.
h. Merchant means the Person from whom you purchase goods or services which you wish to pay for by taking out a BNPL payment plan.
i. Payment Plan means a BNPL payment plan made to you in accordance with these Terms.
j. Payment Plan Schedule means your instalment repayment schedule as outlined in your QuickaPay dashboard and that are provided to you by way of email.
k. Person means an individual, firm, partnership, joint venture, society, unincorporated body, trust (in each case irrespective of whether it has separate legal personality), a corporation as defined in the Corporations Act or any other legal entity under any law.
l. Platform means the applications by which we offer our BNPL services at https://www.quickapay.com/, app.quicka.co or any other url we specify from time to time.
m. Related Body Corporate has the meaning given to that term in the Corporations Act.
n. Trust means the trust you notify to us when you enter into these Terms and any other trust of which you are the trustee unless you advise us, and we agree, in writing that you do not enter these Terms as trustee of one or more of those other trusts.
o. Variation Date has the meaning given to it in clause 20.2.
p. Warranties mean the warranties set out in clause 17.
21.2 Interpretation. In the Terms:
a. the singular includes the plural and vice versa;
b. where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
c. a reference to a clause is a reference to a clause in these Terms;
d. headings are for convenience and do not affect interpretation;
e. a reference to any type of Person includes any other type of Person;
f. a reference to any document or agreement includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;
g. a reference to any thing (including any right) includes the whole and each part of it, however the performance of part of an obligation does not constitute performance of the obligation;
h. a requirement that you obtain our approval or consent means that you obtain our prior approval or consent in writing;
i. the words “including”, “for example”, “such as” or other similar expressions are not words of limitation;
j. a reference to a statute, or a provision of it, includes any modification, amendment replacement or re-enactment of it, a provision substituted for it and a regulation or statutory instrument issued under it;
k. a reference to a party includes its executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns; and
l. a reference to “you” and “your” includes any controller, liquidator, provisional liquidator and administrator (as those words are defined in section 9 of the Corporations Act) and a trustee in bankruptcy.