We may use credit reference and fraud prevention agencies to help us make decisions. A short guide to what we do and how both we and credit reference and fraud prevention agencies will use your information is detailed in a leaflet called: A condensed guide to the use of your personal information by ourselves and at Credit Reference and Fraud Prevention Agencies. If you would like to read the full details of how your data may be used please email email@example.com to ask one of our staff by telephoning 020 3137 2417.
By confirming your agreement to proceed you are accepting that we may each use your information in this way.
1.1 In this Loan Agreement, the following words have a particular meaning as set out below:
“Bank Account” means the bank account details you gave to us in your application.
“we”, “us” and “our” means Tallaght Financial Limited trading as Cubefunder.
“Repayments Due Dates” the date stated in the Key Features at Page 1 of the loan Agreement being the
dates on which the loan instalments fall due
“Total Amount Payable” means the amount of credit and charges you have to repay within the Term of the credit agreement.
“Working Day” means any day other than a Saturday, Sunday, bank holiday or other public holiday in the UK.
“you” and “your” means you, the customer whose details appear at the top of the loan agreement.
2 Application of these Loan Terms and Conditions
2.1 The Loan Agreement is between you and Tallaght Financial Ltd and comes into force on the date when it has been signed by you and us or on our behalf.
3.1 Our loans are only available to Private Limited Companies registered at Companies House in England or Wales who:
3.1.1 are solvent in our view;
3.1.2 have a registered office in the England or Wales;
3.1.3 are in the opinion of the company able to afford the repayments on any loan we issue; and
3.1.4 have a current bank account and operational debit card into which our loan can be electronically transferred and from where electronically debited loan repayments may be processed; and not:
3.1.5 currently in any negotiations for arrangement or compounding with creditors, nor in or about to enter any form of insolvency arrangements;
3.1.6 under notice of redundancy;
3.2 By signing the Loan Agreement you confirm that you meet our requirements as set out in this clause 3 and expect to do so for the Term of the Loan Agreement.
4 Providing the Loan
4.1 We will pay you the Total Credit Amount into your Bank Account when:
4.1.1 you have completed your application for a loan;
4.1.2 we have approved your application;
4.1.3 both you and we have signed the Loan Agreement; and
5 Repayment of the Loan
5.1 You agree to repay the Total Amount Payable by way of instalments on the Repayment Due Dates. It is a condition of this loan that you have a valid repayment method in place at all times.
5.2 You authorise us to collect payment of the Total Amount Payable or any other payments from your Bank Account by one of the following methods (as provided by you to us as part of your application):
5.2.1 a debit card authorisation; or
5.2.2 a direct debt instruction in respect of your Bank Account
5.2.3 a post-dated or undated cheque drawn on your Bank Account.
5.3 You must ensure that there are sufficient funds in your Bank Account to cover payment on the Repayment Due Dates or any series of individual repayments as subsequently agreed.
6 Rescheduling your Loan
We may agree at our absolute discretion to re-schedule the Term and repayments of your loan. This is most usually in the event that you are experiencing difficulty maintaining the agreed repayments.
7.1 If you do not pay us:
7.1.1 the amounts on in the Repayment Due Dates for a continuous period of 20 working days
7.1.2 threaten to cease making payments on the Repayment Due Dates
7.1.3 fail to repay the loan within the Term of the credit agreement
7.1.4 the rest of this clause 7 shall apply.
7.2 In the event that clause 7.1 applies:-
7.3 Tallaght Financial Ltd undertakes to attempt any agreed payment using the express consent granted by you on each occasion.
7.4 You can tell us at any time that you do not want us to use your Bank Account details as set out in clause 5 or this clause 7 to collect repayments due under the loan Agreement by emailing us at firstname.lastname@example.org or writing to us at Cubefunder 1 Thames Side, Windsor SL4 1QS.
7.5 Please note that if you do tell us not to use your Bank Account or Debit Card details you will still need to provide an alternative method of repayment.
7.6 Under the terms of the Agreement between you and us, if you have tendered details of your debit or credit card, you give consent for us to make requests for payment to your bank or building society to debit the Total Amount Payable to us on the Repayment Due Dates.
8.1 We may terminate the loan Agreement and demand repayment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:
8.1.1 we discover that our decision to lend to you was based on inaccurate, misleading or incomplete information;
8.1.2 you cease to comply with clause 3.1 of the Loan Agreement;
8.1.3 someone serves a statutory demand on you or any other steps are taken (by you or another person) to make the borrowing entity become in liquidation, receivership, or administration, or unable to meet its liabilities, or insolvent in any other way;
8.1.4 you die; or
8.1.5 you breach the terms of the Loan Agreement in a significant way.
9.1 You must tell us as soon as reasonably possible and in any event within 14 days if you change:
9.1.1 your registered office address;
9.1.2 your home telephone number;
9.1.3 your mobile telephone number;
9.1.4 your email address;
9.1.5 your business trading address;
9.1.6 your business telephone number;
9.1.7 your business bank account details; or
9.1.8 your Debit Card Details.
9.2 Interest on any sums which you owe to us under the Loan Agreement and which are overdue may continue to be charged after any judgment has been obtained against you.
9.3 You agree that we may communicate with you by sending notices, information and any statements to you in relation to the Loan Agreement:
9.3.1 to the most recent address we hold for you;
9.3.2 by delivery to any email address you have provided to us; or
9.3.3 by delivery of an SMS to any mobile telephone number you have given to us.
9.4 We will not send enforcement notices, default notices or termination notices by email or SMS. Where you have provided us with an email address, we may contact you by email in relation to your application and about any issue arising under the Agreement throughout the Term of the Agreement.
9.5The Loan Agreement is governed by the laws of England and Wales which will also govern the relationship between you and us before the conclusion of the Loan Agreement. If the borrower is registered in England or Wales, the Loan Agreement shall be subject to the jurisdiction of the courts of England and Wales. If the borrower is registered in Scotland, the Agreement shall be subject to the jurisdiction of the Scottish courts. All communications between you and us will be in English.
9.6 If we do not strictly enforce our rights under the Loan Agreement (including our right to insist on the repayment of all sums due) or grant you an indulgence, we will not lose those rights and will not be prevented from insisting upon our strict rights at a later date.
9.7 There may be other taxes or costs, which are not payable through us or charged by us, which you have to pay in connection with the Loan Agreement.
9.8 If any clause of the Loan Agreement is found to be invalid or unenforceable, it will not affect any other clause which will continue in force.
9.9 We may transfer our rights and obligations under the Loan Agreement (including our obligation to lend money to you or the amount you owe under the Loan Agreement) to another company.
9.10 If at our absolute discretion we see the need to register a debenture or other legal charge at Companies House against the borrower, usually but not exclusively in the event of breach or threatened breach of the Loan Agreement, we reserve the right to do so, and your signature as an authorised officer of the borrower irrevocably authorises us to do so.
9.11 In the event of default or threatened default in respect of the Loan Agreement, it is in the absolute discretion of Tallaght Financial Ltd (trading as Cubefunder) to have a restriction registered against any Title registered with the Land Registry in which the borrower and or any guarantors hold an interest.
10 USE OF YOUR INFORMATION
10.2If you have agreed that we may do so, we may send you information about our products and services and products offered by others which may be of interest to you. We will communicate marketing communications to you by direct mail, email and/or telephone. We may also pass your information to other businesses to allow them to send details of their products to you. We will only pass your information to third parties to contact you by email if we inform you about the identity of the third party and you consent to receive email marketing communications from them. You have a right at any time to stop us from contacting you or giving details to others for these purposes by emailing us at email@example.com or writing to us at Cubefunder, 1 Thames Side, Windsor SL4 1QN. You will also be able to click on the unsubscribe link contained in each email.
You also have a right to access the personal information that we hold about you. You may access your personal information at any time by contacting us at the address above. By signing the Loan Agreement you agree that we may send any notice, copy of agreement or other information or communication in relation to the Loan Agreement, to you by electronic mail at the email address(es) provided to us by you during the loan application process or afterwards for purposes connected with the Loan Agreement.