Important – Your Personal Information
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: firstname.lastname@example.org. Alternatively, 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 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.
“Payment Anniversary” means the same date as the Repayment Due Date in the month following the month in which the Total Amount Payable is due and consecutive months thereafter or, if that date in the month after the Repayment Due Date or consecutive months after falls on a Saturday, Sunday or bank holiday, the last working day before it.
“Repayment Due Date” the date stated in this Agreement as the date on which you must repay the Total Amount Payable.
“Total Amount Payable” means the amount of credit and charges you have to repay on the Repayment Due Date.
“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 this agreement.
2 Application of these Loan Terms and Conditions
2.1 This Agreement is between you and Cubefunder 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 this loan; 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 this Agreement you confirm that you meet our requirements as set out in this clause 3 and expect to do so for the duration of this Agreement.
4 Providing the Loan
4.1 We will pay you the amount of the loan set out in your credit agreement 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 this Agreement; and
5 Repayment of the Loan
5.1 You agree to repay the Total Amount Payable on the Repayment Due Date, or by regular or periodic repayments as agreed in writing;
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;
5.2.2 a direct debt instruction in respect of your Bank Account; or
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 Date or any series of individual repayments.
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 Total Amount Payable on the Repayment Due Date; or
7.1.2 the amount required on a Payment Anniversary
7.1.3 the rest of this clause 7 shall apply.
7.2 In the event that clause 7.1 applies:-
7.3 Cubefunder undertakes to attempt any agreed payment using the express consent granted by you on each occasion.
7.6 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 this Agreement by emailing us at email@example.com or writing to us at Cubefunder 1 Thames Side, Windsor SL4 1QS.
7.7 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.
7.8 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 date.
8.1 We may terminate this 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 this Agreement;
8.1.3 someone serves a statutory demand on you or any other steps are taken (by you or another person) to make you bankrupt;
8.1.4 you die; or
8.1.5 you breach the terms of this 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 this 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 this 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 duration of the Agreement.
9.5 This Agreement is governed by the laws of England and Wales which will also govern the relationship between you and us before the conclusion of this Agreement. If you are resident in England or Wales, this Agreement shall be subject to the jurisdiction of the courts of England and Wales. If you are resident 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 this Agreement (including our right to insist on the repayment of all sums due on the Repayment Due Date) 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 this Agreement.
9.8 If any clause of this 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 this Agreement (including our obligation to lend money to you or the amount you owe under this Agreement) to another company. We will only tell you about such a transfer if it causes the arrangements for the administration of this Agreement to change.
9.10 If at our absolute discretion we see the need to register a debenture or other legal charge at Companies House against the borrowing company, usually but not exclusively in the event of breach or threatened breach of this agreement, we reserve the right to do so.
10 USE OF YOUR INFORMATION
10.2 If 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 may also pass your information to other businesses to allow them to send details of their products to you. 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 firstname.lastname@example.org or writing to us at Cubefunder, 1 Thames Side, Windsor SL4 1QS.
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 this agreement you agree that we may send any notice, copy of agreement or other information or communication in relation to this 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 this agreement.