Referrer agreement definitions and interpretations

These are the standard definitions and interpretations for the EasyAsset Group Referrer Agreement

Definitions

In this Agreement, unless the contrary intention appears:

1. Agreement means this document, including the Details, this Schedule 2 and any annexure to it;
   
   
2. Aggregator means the entity named in Item 2 of the Details and their related entities. 
   
   
3. Australian Credit Licence means an Australian Credit Licence as defined in section 35 of the NCCP Act that is issued by ASIC;
   
   
4. Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or bank holiday in the place where an act is to be performed or a payment is to be made;
   
   
5. Credit Activity means a relevant credit activity as defined in section 6 of the NCCP Act;
   
   
6. Credit Representative means a person:
1. authorised as a credit representative of a holder of an Australian Credit Licence pursuant to section 64 of the NCCP Act; or
2. sub-authorised as a credit representative of a holder of an Australian Credit Licence pursuant to section 65 of the NCCP Act;
   
   
7. Credit Services means the provision of services to financiers and Customers relating to the preparation and submission of applications for Financial Products;
   
   
8. Customer means a client or potential client of the Referrer that the Referrer refers to the Broker in accordance with clause 1;
   
   
9. Financial Product means the financial products (including loans) that the Broker offers or markets in connection with the business conducted by the Broker;
   
   
10. Insolvency Event means the happening of any of these events in relation to a party (Defaulting Party):
1. the Defaulting Party suspends payment of its debts;
2. the Defaulting Party becomes an externally-administered body corporate under the Corporations Act 2001;
3. a controller (as defined in section 9 of the Corporations Act 2001) is appointed of any of the property of the Defaulting Party or any steps are taken for the appointment of a controller (but not where the steps taken are reversed or abandoned within 14 days;
4. the Defaulting Party commits an act of bankruptcy; or
5. the Defaulting Party is unable to pay its debts as and when they fall due;
   
   
11. NCCP Act means the National Consumer Credit Protection Act 2009 (Cth) and includes the National Credit Code contained in Schedule 1 of the NCCP Act;
    
    
12. Privacy Act means the Privacy Act 1988 (Cth) and includes the Australian Privacy Principles.
     
13. Referral means a referral of a Customer to the Broker in accordance with clause 1;
    
    
14. Referral Fees means the fees specified in Item 4 of the Details;
    
    
15. Referrer’s Business means the business described in Item 3 of the Details;
    
    
16. Related Entity has the meaning given in section 9 of the Corporations Act 2001;
    
    
17. Settled Loan means an agreement between a financier and a Customer in respect of a Financial Product that is entered into as a result of an application submitted by the Broker on behalf of the Customer for which the Customer has made a draw down; and
    
    
18. Term means the period from the date of execution of the Agreement until it is terminated in accordance with its terms. 

Interpretations

1. Reference to:
1. one gender includes the others;
2. the singular includes the plural and the plural includes the singular;
3. a person includes a body corporate
4. a party includes the party’s executors, administrators, successors and permitted assigns;
5. a thing includes the whole and each part of it separately;
6. a statute, regulation, code or other law or a provision of any of them includes:
1. any amendment or replacement of it; and
2. another regulation or other statutory instrument made under it, or made under it as amended or replaced; 
7. dollars means Australian dollars unless otherwise stated.
   
   
2. “including” and similar expressions are not words of limitation.
   
   
3. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning. 
   
   
4. Headings and any table of contents or index are for convenience only and do not form part of this Agreement or affect its interpretation. 
   
   
5. A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this Agreement or the inclusion of the provision in this Agreement. 
   
   
6. If an act must be done on a specific day which is not a Business Day, it must be done instead on the next Business Day.