Terms of Service
Welcome to Marketlend
- By registering to use this website, and any related website address (Website) you agree to be bound by these Terms of Service either in your capacity as an Account Holder or a Lender or User of the website. As an Account Holder or applicant to list, your obligations are not limited to the Terms of Service and we direct you to review the terms in the Trade Credit Account application and any other documentation provided to you during your application to list the Trade Credit Account application.
- You also acknowledge that you have read the Important Warning below, acknowledge and understand the Important Warning.
- Investors invest at their own risk and should obtain independent financial and legal advice prior to investing.
As an investor you need to be aware:
- investment in a Business carries high risks. It is highly speculative and before bidding on any listing about which information is given, prospective investors are strongly advised to take appropriate professional advice
- the information contained in our Website has been prepared by or on behalf of the person who is proposing to issue or sell the securities or scheme interests and neither Marketlend nor the publisher (if any) has undertaken an independent review of the information contained in our Website
- the information contained in our Website about the proposed business opportunity and the securities or scheme interests is not intended to be the only information on which the investment decision is made and is not a substitute for a disclosure document, product disclosure statement or any other notice that may be required under the Act, as the Act may apply to the investment. Detailed information may be needed to make an investment decision, for example: financial statements; a business plan; information about ownership of intellectual or industrial property; or expert opinions including valuations or auditors’ reports
- Marketlend makes no representation as to the accuracy or veracity of the financial information quoted or provided by the Business.
- 1.1 If as a consequence of using our Service you subsequently enter into a Trade Credit Account agreement (either as an Account Holder or a Lender) the rights and obligations owed by each party to the other shall be governed by that Trade Credit Account agreement.
- 1.2 It is important that you read these Terms of Service and you should print or otherwise save a copy for your future reference.
- 1.3 If there is a conflict between these Terms of Service and any Trade Credit Account agreement with Marketlend or the trustee of a trust where your Trade Credit Account is funded, the terms of that Trade Credit Account agreement shall prevail.
- 1.5 Marketlend Pty Ltd is special purpose company, wholly owned subsidiary of Tyndall Capital Pty Ltd (Tyndall).
- 1.6 The Websites app.marketlend.com.au, and www.marketlend.com are operated by Tyndall. Any reference to Marketlend includes and is not limited to Tyndall.
2. Marketlend Services
- 2.1 Through the Website (by any other means) our principal role is to perform administrative functions on behalf of Account Holders and Lenders in order to bring together prospective Account Holders and Lenders, to provide a stream-lined process for entering into a Trade Credit Account agreement either directly or by way of a trust managed by Tyndall (Trade Credit Account Agreement) and to co-ordinate and facilitate the payment and collection of sums due under or in connection with such Trade Credit Account Agreements (including certain limited actions upon an Account Holders default as set out in these Terms of Service).
- 2.2 We do not:
- a. provide any advice or express any opinion to either prospective Lenders or Account Holders on the question of whether to enter into any Trade Credit Account Agreement;
- b. make any representation or give any opinion as to the credit worthiness of an Account Holder;
- c. make any representation or give any opinion as to the accuracy of the online credit check of our credit referencing parties.
- 2.3 A Lender must form their own opinion regarding the creditworthiness of an Account Holder and undertake its own research, analysis and assessment of each Account Holder for each Trade Credit Account Agreement, and where appropriate, seek its own independent financial and/or legal advice.
- 2.4 Whilst through the Website, we do make available certain information about an Account Holder, with the intention of helping a Lender make a decision and provide a rating tool that gives a result as to the likelihood of repayment of the note maybe, we make no representation that such information is complete accurate and not misleading, and we shall have no liability whatsoever for any information supplied through the Website about an Account Holder, nor any opinion expressed or implied in relation to the creditworthiness of an Account Holder (in the form of a risk rating or otherwise), which proves to be inaccurate, incomplete or misleading.
- 2.5 Whilst the Account Holder may grant Security to the Lender by Marketlend obtaining a personal property security interest or the Marketlend trusts holding personal property security interest, we do not guarantee that the Account Holder will repay the Trade Credit Account and give no undertaking whatsoever to the Lender that any Security will ensure that the Account Holder will repay the Trade Credit Account. The risk of non-payment should be taken into account by the Lender in deciding whether to enter into a Trade Credit Account Agreement, and in deciding the interest rate they wish to charge for their Trade Credit Account.
- 2.5 All of our fees are in payment for our role in supplying the services set out herein. They are not for dealing with any analysis of the information provided by Account Holders which we carry out as part of our free Account Holder due diligence and which is always undertaken on a no-fee, no-liability basis.
3. Lawful purposes
- 3.1 You agree to use Marketlend only for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of Marketlend by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption to Marketlend.
- 3.2 You must not post or transmit via Marketlend any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would contravene any law.
- 3.3 All information provided on the Marketlend site is confidential other than if the information is available in the public arena. This information is made available to you on the condition that it is only used for the assessment of investment, in the case of a lender, or for the provision of trade credit if you are an Account Holder or trade credit client.
- 3.4 Any use of this information for other purposes, or release of this information to a person or entity that you are not in managing control of, is a clear contravention of these terms. Marketlend or Tyndall Capital or its representatives will consider such breach as severe, and you will be liable for any damage suffered by Tyndall, or its clients.
- 3.5 You agree, as a member of Marketlend, that Tyndall, either in its own right or as the manager directing a trust, or Marketlend have the right to set off any funds deposited by you against any legal costs, damages or any other cost incurred as a result of a breach of these terms.
- 3.6 Marketlend reserves the right, at its sole discretion, to restrict or remove Member or any person’s access to the Marketlend platform at any time.
- 4.1 Your use of Marketlend does not:
- a. affect or reduce any obligation owed to You by Marketlend or Tyndall or its related entities;
- b. reduce any obligation You owe to Marketlend or Tyndall or its related entities or the trustee for Marketlend in the funding of a Trade Credit Account.
- 4.2 Marketlend is not a substitute for independent professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances.
5. Consent and Content
- 5.1 If you participate on the Marketlend platform in anyway you may receive information including but not limited to emails, correspondence, short message signals, notices or disclosure documents (Information) from Us. Your participation where you provide any contact details means you consent to receiving Information. This consent is not withdrawn unless you advise us that you do not consent to receiving Information. We do accept information, on Marketlend provided by person or people making such posting, and we are not responsible for information provided by the person or people who made such postings. We do not endorse, support, or guarantee the truthfulness, accuracy, or reliability of any the comments posted on Marketlend or endorse any of the opinions expressed.
- 5.2 We take reasonable care in linking to other websites but we have no direct control over the content presented in those websites or the availability of those websites.
- 5.3 We make no representation that the material on any linked websites does not infringe the intellectual property rights or any other rights of any person. We do not authorise the reproduction of such material.
- 5.4 We do not endorse or recommend any links to external websites, or third party content, including products and services offered by, from or through those websites or their content.
- 5.5 We reserve the right to restrict the information sent by one participant including any communication to another.
6. Opening a Marketlend Account
- 6.1 You will need to register with us to create a User Account before you are able to borrow or lend any money.
- 6.2 We will need:
- a. your correct e-mail address;
- b. your current home address;
- c. your mobile or home phone number;
- d. your full name (including middles names);
- e. your correct dates of birth; and/or
- f. other relevant personal information.
- 6.3 You agree to notify us within 30 days of any change in the above information.
- 6.4 When you register, you will need to choose a username and provide an email, mobile telephone number and address.
- 6.5 Before being accepted as a User, you will verified via Marketlend’s verification process.
- 6.6 Account Holders may verify their identity through a process of email, sms, and drivers licence/passport identification. Account Holders and Lenders may need to provide a voice sample, which will be used as your digital signature to access certain aspects of the site, and other facilities of Marketlend. Lenders must verify themselves to withdraw money from Marketlend platform.
7. Verification and Unauthorised Use
- 7.1 We may verify your identity through a third party service provider and you agree to permit your information to be provided to this third party for the purposes of identification. We accept no liability whatsoever for any activity on your account by anyone using your personal information.
- 7.2 If you suspect that there has been unauthorised use of your account of any kind whatsoever, you must notify us of this immediately following the notification procedure set out in these terms.
- 7.3 You agree that you will not in any way change or attempt to change or avoid the login procedure used on our Website. In our absolute discretion, and for your protection, we will have the right to refuse to act on your instructions where we suspect that access has or is being gained by persons unauthorised to do so, or we suspect other illegal or fraudulent activity.
8. Becoming a Lender on Marketlend platform
- 8.1 Lender Pre-Conditions:
- a. The Lender must be an individual, a partnership, a limited liability partnership, a limited company or a public body;
- b. If the Lender is lending in their capacity as an individual, the Lender must be at least 18 years old;
- c. The Lender warrants to use that it is not lending in the course of a business or carrying out any type of regulated consumer credit business;
- d. The Lender must tell us if it has a consumer credit license and if the Lender does not have one to begin with it must tell us if it acquires one;
- e. The Lender agrees to ensure that all contact details supplied are accurate and kept up-to-date.
- 8.2 As a Lender you will be given access to our platform where at app.marketlend.com.au/marketplace, there is a details of each applicant and the terms of a trade credit account that the applicant is seeking (the Listing). The amount showing on the Listing is the maximum amount available to the account holder to pay invoices provided by the account holder or to purchase invoices from the account holder.
- 8.3 You may bid on any Listing and by making a bid, you agree to be bound to subscribe to the Listing if your bid is deemed a Successful Bid.
- 8.4 Once an Account Holder has received enough bids to meet the limit amount sought or if the Account Holder agrees to accept all the bids at or after the Deadline., each bid of this listing are deemed a “Successful Bid”.
- 8.5 Your bid will not be a subscription until it is deemed a Successful Bid.
- 8.6 In the event that the Listing you have bid and your bid is not deemed a “Successful Bid”, within the designated time frame, you will have made no subscription, and may Bid on another Trade Credit Account.
- 8.7 If you make a Successful Bid, you agree you are a subscriber within the definition of the documentation of the trade credit account and agree you are defined as subscriber for the purposes of any legal documentation necessary to ensure you and the account holder is bound by the terms of a subscription, including but not limited to any subscription agreement where you are noted as a subscriber.
- 8.8 As a lender we expect you will complete your own calculation of your returns on your investments and you can use the transaction record in the investor statements to do so. It is exportable in CSV or you can print it. However if this is insufficient for you we are happy to do provide the statement just contact firstname.lastname@example.org and we will supply one typically within 48 hours.
- 8.9 Your Investor dashboard is located at Here or selected by choosing the drop-down Invest Now and then selecting Investor Dashboard. The display of the dashboard does state amounts based on certain assumptions that you should be aware of:
- On the Investor Dashboard, the amount available for investment is your balance of funds that are available less any current bids you have made on a live transaction.
- The Estimated Net Return is calculated on the basis of the weighted average utilised funds invested. Simply put it is the assumption that all funds have been utilised and the weighted average margin of your investments that you’ve made across the entire portfolio. This Estimated Net Return does not take into account any bonus payments you may have received.
- No tax or other costs of use of capital are taken into account in the production of any the display of the investor dashboard;
- A reduction of a credit line to an account, that is when we actually reduce the amount available to an account holder for use of capital, is stated as a return on capital as a capital is returned to you.
9. Obtaining credit and becoming an Account Holder on Marketlend platform
- 9.1 Account Holder Pre-Conditions:
- The Account Holder must be a business which is operating and is registered as a limited liability company, or limited liability partnership or sole trader with an Australian Business Number;
- The Account Holder must comply with basic credit and fraud risk criteria which will include obtaining a minimum score from out Credit Checking Agency;
- The Account Holder agrees that the details that it submits to us about its business may be published on the Website and/or disclosed by us directly to a Lender.
- 9.2 Before you become an Account Holder, Marketlend will perform an identification verification process. A credit and financial check will then be performed. Only once this process has accepted you, will you become a Marketlend Account Holder.
- 9.3 Once you have become Account Holder you will contacted by Marketlend advising the terms and Your Trade Credit Account is placed on the Platform.
- 9.4 Applicant’s Listing Obligations
- a. Upon execution of the Trade Credit Account application, you are obliged to accept the bids when bids are received to the amount equalling 100%.
- b. Upon placement on the Platform, your Trade Credit Account application is advertised to investors and you will be expected to answer any questions from Investors. You will be notified if a question is made by an Investor.
- c. You can check your listing by logging into the Marketlend platform. If you forgot your password, click the lost password and it will reset your password.
- d. By agreeing to placement of the Trade Credit Account application listed on Marketlend website, you agree to pay the maximum amount of interest set as a cap on the Marketlend platform. A cap means the investor is unable to scroll the interest rate past the rate set in the dropbox. When the auction on the Marketlend platform is ended, the interest rate is the weighted average margin of all bids.
- e. You are not permitted to cancel after the listing of your Trade Credit Account application on the Marketlend platform, however Marketlend is not an advocate of making an Account Holder enter into terms that they are not satisfied with. On exception, Marketlend may agree to cancel the Listing, if you agree to pay a one off cancellation fee equivalent to the completion fee of 2%, and any other costs incurred by Marketlend.
- f. Only once a listing is 100% funded by the Lender(s) within the designated time frame, will the Applicant be granted funds by payment to the suppliers or service providers after settlement. Unless agreed, we will not pay the Account Holder directly, we will pay the supplier or service provider. We only pay the Account Holder if evidence of a payment for the business is provided by the Account Holder and it is no older than 60 days. Funds cannot be used to repay Trade Credit Accounts by a Director or related third party unless agreed by Marketlend.
- g. Applicants are encouraged to keep an eye on their listing, and funded bonus payments are available in certain circumstances.
- h. There will be times when a listing is not fully subscribed, the applicant has a choice, either accept the bids or ask that the Trade Credit Account is extended for another period.
- i. A listing cannot be extended for more than 2 additional periods (20 days) without Marketlend’s specific written approval. A period is 10 business days. At its discretion, Marketlend may consider alternative periods or listing arrangements.
- j. At the end of the last period, being the 3 period (30 days), the applicant must accept all bids at that time or the bids will be cancelled and the listing is restarted without any bids or at the request of the applicant, the listing will be removed, and the application fee is forfeited.
- 9.5 In the event that your Trade Credit Account has not been 100% funded in the designated time frame, you can accept all of the Bids on your Trade Credit Account if the percent exceeds 50%, or on exception, less than 50%. At its discretion, Marketlend has the right to delist the Trade Credit Account and cancel all active bids where it considers continuation of the listing is detrimental to Marketlend’s operations, reputation or overall marketplace governance.
10. Account Holder, Account Holders and Lender Checks
- 10.1 As part of the registration process we and certain people authorised to act on our behalf, will check your identity using third party credit checking services, or other authorised third parties. Providing the information and documents we ask for is a pre-condition to using the Service.
- 10.2 Having registered with us and applied to borrow money through us, using third party services, we will undertake identity verification, credit checks and fraud checks on you and in case of a body corporate or trust, the body corporate or trust.
- 10.3 You warrant to us, and each Lender and Account Holder warrants to each other, that all information submitted by them in the course of the application and borrowing process was at the time of it submission, and is at the time a Trade Credit Account Agreement is entered into, true, accurate and is not misleading. If any information changes so that this is no longer the case, you must immediately update the information so that it complies with the warranty in this clause. Such updates will be made available to the other interested parties. A failure to provide accurate information may result in a Trade Credit Account being repayable early under the terms of the Trade Credit Account Agreement.
11. Agreement, Account Holders and Lenders, Binding effect of bids
- 11.1 As a Lender, you agree that in placing a Bid, such Bid cannot be withdrawn or altered and will have contractual force if accepted by the Account Holder.You have subscribe to purchasing a Trade Credit Account part or note in the trust where the asset will reside.
- 11.2 It is a condition of a Trade Credit Account being made (and paid by us) that it is funded. A completed Trade Credit Account will be funded by those Lenders who together have placed Bids which in aggregate are equal to the total Trade Credit Account requested as part of the Trade Credit Account Request.
- 11.3 If an Account Holder, you agree to the terms of service, the Terms and Conditions of Trade executed by you prior to listing as it relates to the trade account is effective and if necessary, you will execute any additional document, by signature, when prompted to do so. We reserve the right not to proceed with any action in relation to any Trade Credit Account including any advance of monies until we are satisfied all required documents have been executed by the authorised representative of your company.
- 11.4 If an investor, you agree to abide by the terms of service, and treat all information confidential and any access to the Account Holder’s information must ONLY be used for assessment to invest and not disseminate this information to any person without our consent. Breach of this requirement will result in cancellation of the registration, claim for damages by us, and a freeze of all funds held by us until the damages is offset against those funds.
- 11.5 Prior to a listing, the Account Holder has entered into a Trade Credit Account agreement with Marketlend. When a Trade Credit Account Request is fully funded by Bids, the agreement checked, and lodged in our depositary of security agreements.
- 11.6 If you purchase a Trade Credit Account from another Lender (‘the Transferee’), you will take an assignment of the Transferee’s rights and interest in the Trade Credit Account you have purchased.
- 11.7 As an Applicant or Account Holder or Account Holder (where applicable), you agree to make payments when due for the interest on the funds available to you and repayment of the funds advanced on your behalf by Marketlend to a third party or to you. If, at anytime, funds advanced on your behalf by Marketlend or to you, are funds that were illegitimately obtained by you or your company or you are in breach or have acted contrary to the Terms of Service or Terms and Conditions signed by you at the time of application, we have the right to direct debit your or your company’s banks accounts for the amounts in part or whole of those funds.
- 11.8 As an Applicant or Account Holder (where applicable), you agree to grant security to Marketlend or its assigns in the form of personal property security interest. The type of interest is determinable by Marketlend. At your cost, you will from time to time, at the written request of Marketlend execute any deed, dealing, assurance or other document which Marketlend will in its absolute discretion require us/me to execute and do all such other acts, matters and things as Marketlend does consider reasonable for the purpose of preserving, perfecting or protecting the Charge and the Mortgage or more effectively securing the powers, remedies, rights, declarations and authorities of Marketlend under the charge and or the Mortgage.
- 11.9 As an Applicant or Account Holder (where applicable), on settlement you will be notified:
- the interest rate, and the funds available to your account;
- the payments required monthly, weekly or daily depending on Marketlend’s discretion;
- the payments consisting of principal, interest or both.
- 11.10 As an Applicant or Account Holder, you agree to make timely payments for interest charged on the funds available to you, and repayment of the funds advanced on your behalf by Marketlend or paid to you by Marketlend. If, at anytime, we consider the likelihood of repayment on a due date is reduced due to you or your business’s cash-flow historically or you or your business, as an Account Holder, failing to provide sufficient information to enable Marketlend or its related parties to determine the likelihood of repayment on the due date, you, as authorised representative of the business agree we have the right to direct debit your or your business’s banks accounts for the amounts in part or whole of those funds on a regularly periodical basis, including daily, weekly, monthly or bi monthly or 90 days or immediately.
- 11.11 As a Lender, you agree that you invest for the Term, and unless you notify Marketlend at least 30 days prior to renewal date, and you, as a Lender, cannot opt out of the line credit. Please note you can always sell your investment on the loan exchange.
12. Selling your Trade Credit Account part or Note
- 12.1 If a Lender would like to sell his Trade Credit Account part or note he can sell it to other registered users of the Marketlend platform (‘the Transferor’).
- 12.2 The price the Lender can sell his Trade Credit Account for is subject to the restriction that the Lender can apply a mark-up or mark-down of no more than 3% of the outstanding amount of the Trade Credit Account without Marketlend’s consent.
- 12.3 On transfer of the Trade Credit Account part or Note, the accrued interest on the capital outstanding shall belong to and be paid to the buyer of the Trade Credit Account (for the purpose of this clause, ‘the Transferee’).
- 12.4 On the sale of any Trade Credit Accounts or Note, the proceeds will be credited to the Transferor’s User Account and debited from the Transferee’s User Account.
- 12.5 Upon the listing of the Trade Credit Account part or Note on the platform, our charges for the advertising to sell of 1%, will be debited from the Transferor’s User Account.
- 12.6 Trade Credit Accounts or Notes for sale will be listed on the Website for sale for a definite period of time determinable by Marketlend. At the end of the sale period, any Trade Credit Accounts or Notes which have not been sold will cease to be listed.
- 12.7 The capital and interest repayment is paid to the incumbent owner of the Trade Credit Account on the day the repayment is processed.
- 12.8 Any risk assessment review and the transfer fee to Tyndall Capital for the transfer of the Trade Credit Account is payable by the seller on the listing of the Trade Credit Account part or note. Listing fees are published on the Marketlend website from time to time.
- 13.1 We coordinate the development and management of Marketlend, however some interactions with Marketlend occur on systems under the control of Tyndall appointed third parties.
- 13.2 The Tyndall appointed third party is responsible for the security of information while it is collected by, stored on or passing through the Marketlend (app.marketlend.com.au) system.
- 13.3 We strive to protect comments and information you provide on Marketlend. We will use all reasonable endeavours to ensure that your comments and information are not compromised. However, we cannot guarantee that no Harmful Code will enter Marketlend. You should be aware of the risks associated with using websites.
- 13.4 We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.
- 14.1 By submitting data to Marketlend, you give Marketlend consent to use your sensitive personal data. Marketlend will use this data when you apply for a Trade Credit Account to carry out a complex credit and finance checking process. The results of this check will be available to you and the lender via a Dropbox link or otherwise.
- 14.2 We will only use and disclose your personal information to a person, body or other Appointed Third Party:
- a. to provide you with a service that you have requested;
- b. as authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user;
- c. (Account Holders only) to inform Lenders of the characteristics of your Trade Credit Account. This will involve Lenders being given access to certain, information, about your financial and personal details;
- d. to update or revise the rating assigned to the note that security is your Trade Credit Account.
- 15.1 If you no longer want to be a Member you can let us know and we will end your membership as soon as any current Trade Credit Account agreement are repaid and/or come to an end.
- 15.2 We may, in our absolute discretion, end your membership, if:
- a. You breach these terms of service, or any other agreement with Marketlend;
- b. You breach any Trade Credit Account agreement;
- c. We suspect that you have committed fraud, been involved in money laundering or other criminal activities;
- d. You use the Website or Platform in any of the following ways:
- I. In any way that causes, or is likely to cause, the Website or access to it to be interrupted or damaged in any way or cause disruption to an Account Holders or prospective Account Holder’s business operations;
- II. For fraudulent purposes or in connection with a criminal offences;
- III. To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties, or objectionable, or which consists of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any “spam”;
- IV. You disclose confidential information provided to you by Marketlend;
- V. You disparage, defame, make comments or opinions that may damage the reputation of Marketlend or be imputed to damage or negatively affect Marketlend.
- 16.1 These Terms and Conditions are governed by the laws of the New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts of the New South Wales.
- 16.2 If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue in full force.
- 16.3 We will endeavour to facilitate uninterrupted access to the Website. Access to the Website may be suspended, restricted or terminated at any time.
- 16.4 These Terms and Conditions do not negate any Terms or Conditions that apply to your use of any related website of Tyndall Capital.
- 16.5 You warrant and represent that you have taken all reasonable precautions to ensure that any data you upload to the Website is not infected with any virus or anything else which may have a destructive effect on any part of the Website.
- 16.6 We may revise these Terms and Conditions from time to time.
- 16.7 Please contact us if you have any questions, problems or feedback regarding our site at email@example.com
17. Marketlend Fees and Provisions
- 17.1 Marketlend provides you with a Platform that allows you to lend or borrow money, in exchange for providing this facility Marketlend will be paid an administration fee and from time to time may levy other charges.
- 17.2 Marketlend or Tyndall Capital may charge a Lender a fee or commission, any fee will be communicated and clearly disclosed to the Lender.
- 17.3 The administration fee payable to us by the Account Holder on settlement and form part of the Trade Credit Account agreement and/or any other agreements with Marketlend.
- 17.4 Marketlend will charge the Account Holder, an application fee upon the filing of an application, and a set fee once their Trade Credit Account becomes 100% funded or the Account Holder elects to accept the bids, for the Account Holder’s use of and access to Marketlend’s Platform.
- 17.5 Marketlend or Tyndall Capital reserves the right to increase or waive its fees at its sole discretion.
- 17.6 Late fees are payable on outstanding invoices issued to Account Holders, or failed payments of interest or principal (when required) or failure to pay investors funds for investors who opt out on renewal dates. These fees are charged either when the outstanding amount is paid, if the account is brought up to date or on a monthly cycle every 25th of the month or at the discretion of Marketlend. As of 10 December 2014, late fees are A$25 per day or 26% per annum whichever is the greater but are adjustable at the discretion of Marketlend. A dishonour fee is incurred when a direct debit payment fails, on the first occasion, it is A$25 and A$100 for any occasion thereafter.
- 17.7 Marketlend may elect that any monies paid or due by any Account Holder can be used for any losses incurred by any Account Holder at that time or in the future.
- 17.8 If an Account Holder pays all fees and charges on time and no losses are suffered by Marketlend or its investors in any way due to the Account Holder, at the end of all the credit exposures of the Account Holder, any monies paid in excess of fees and charges specific to that Account Holder will be credited to the Account Holder and set off against the amount payable for the payout of all credit exposures. For avoidance of doubt, it is only the monies paid by the specific Account Holder that will be set off on the payout of all credit exposures.
- 17.9 Marketlend may elect at any time to determine a liquidated loss on an Account and its Account Holder is liable for the liquidated loss. If Marketlend decrees it may use monies paid or due as set out in clause 17.7 to credit Investors account.
- 17.10 Any withdrawal of funds must abide by our antimoney laundering and identification policies and procedures.
- 17.11 Provision fee of 1.5% deducted and payable by the Account Holder at settlement. It is forfeited if the Account Holder fails to pay on time, payouts the facility within 6 months or causes Marketlend to incur legal or enforcement costs. Please note this Provision fee may not be sufficient to cover legal or enforcement costs, therefore Marketlend reserves the right to claim additional costs against the Account Holder for any late fees, legal and enforcement costs.
18. Add funds and withdrawals
- 18.1 At any time, as an investor, you may add funds. If you add funds the minimum funds we require is A$1000, if you pay less we will hold in credit until you reach A$1000 unless otherwise agreed.
- 18.2 You may also withdraw money that is not committed by a bid or is not committed to a Trade Credit Account on the Marketlend. Minimum withdrawal is A$1000 unless otherwise agreed.
- 18.3 Any withdrawal is verified, and anti money laundering policies are adhered to ensure that the amount is not obtained from an illegal source or that the Marketlend platform is being used for an illegal purpose.
- 18.4 Identification and other documents are required to be supplied by you prior to any withdrawal, and an external search will be conducted to verify your identity.
- 18.5 Marketlend can only verify the Lender according to what information was provided by the Lender at the time of registration, and if it is the case that the information provided at Registration is incorrect or non existent, it is the Lenders responsibility and the Lender’s risk that payment might not be made to you, due to an inability to verify the identity beyond than the anti money laundering requirements.
- 18.6 Any suspicious transactions will be investigated and reported to the authorities.
19. Limitation of Liability
- 19.1 Each Lender agrees that Marketlend (including our officers, employees, agents or consultants) give no warranty or representation about the ability of any Account Holder to repay any Trade Credit Account made by you to them. Whilst Marketlend provides some help in reaching a view about an Account Holder’s credit worthiness, our charges and commissions in connection with each Trade Credit Account are not in return for us sharing with you the risk of making a Trade Credit Account, which would be much higher if that was the case.
- 19.2 Each Lender acknowledges that they are bidding and lending entirely at their own risk. If you are unsure about whether entering into a Trade Credit Account using the Website or Platform is suitable for you, you should contact an Independent Financial Adviser.
- 19.3 Each Account Holder acknowledges that Marketlend takes no responsibility for their credit rating, and that Marketlend has the right to review and change an Account Holder’s credit rating at their absolute discretion.
- 19.4 Each Account Holder acknowledges that Marketlend in no way guarantees that a Trade Credit Account request will be bid on.
- 19.5 Any guidance that we make available on the Website or in any other marketing materials, detailing the possible rate of return on a Trade Credit Account, are for guidance purposes only and are not guaranteed. The particular rate of return on any Trade Credit Account will be set out in the Peer-to Peer-Trade Credit Account Agreement.
- 19.6 The information we make available on the Website does NOT constitute advice, recommendation or an endorsement of any Trade Credit Account Requests, Trade Credit Accounts, or of the Account Holder. The information we make available on the Website is not intended to be relied upon as a sole basis for deciding whether or not to lend to a particular Risk Graded Account Holder.
- 19.7 We make no representation, warranty nor give any guarantee;
- a. That data displayed about a Trade Credit Account request is up to date and free from error;
- b. That a Trade Credit Account request will be fulfilled.
- 19.8 To the extent permitted by law, You agree that Tyndall Capital or Marketlend or related entities to Tyndall are not liable for any damage arising out of or in connection with the use of this website.
- 19.9 This includes without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Tyndall or Marketlend of the possibility of such potential loss) damage caused to your computer, computer software, data, systems and programs and the data or to You or any other direct or indirect consequential and incidental damages.
- 20.1 Nothing in these Terms of Service is to be construed as a waiver of Marketlend’s rights. If a clause is determined null or void or unenforceable it is to severed from the Terms of Service and the Terms of Service will need to be read as if the clause was not included. No single or partial exercise of any right or remedy provided under these terms or by law shall preclude or restrict the further exercise of any such right or remedy.
21. Appointment of Receiver
21.1 Without limiting any other rights that we may have under any agreement with the Account Holder, Marketlend may appoint any one or more persons to act as a receiver, receiver and manager or other controller (Receiver) to any part of its security interests in addition to and without prejudice to any of its other rights:
21.1.1 if you request us to do so; or
21.1.2 at any time after an Event of Default occurs; or
21.1.3 if we, in our sole discretion, believe that any asset of yours is at risk of being seized, becoming subject to a Security or otherwise being dealt with in a manner inconsistent with the terms of any agreement; or
21.1.4 if a liquidator is appointed voluntarily or involuntarily to you.
21.2 In exercising the power to appoint a Receiver, Marketlend may:
21.2.1 take possession of the property subject to any Security to which it is entitled;
21.2.2 appoint additional persons to act as Receivers for different parts of the security interest;
22.2.3 remove the Reciever, and appoint another in substitution if the Receiver is removed, retires or dies;
21.2.4 fix the remuneration of the Receiver; and
21.2.5 appoint any person or any two or more persons jointly or jointly and separately as its agent to exercise any of its rights under these terms or any other agreement with Account Holder and Marketlend, in which case the provisions of this clause apply as if the agent was a Receiver.
22. Receiver Powers
22.1 A Receiver has all of its rights in relation to any property to which the Receiver is appointed to do everything that the grantor of the Security may lawfully do in relation to that property.
22.2 Without limitation, a Receiver may in relation to that property exercise:
22.2.1 the rights capable of being conferred on secured parties by the PPSA, the Corporations Act 2001 (Cth) and any relevant property laws of any jurisdiction;
22.2.2 any other rights that Marketlend may delegate to the Receiver;
22.2.3 Without limiting anything above but subject to any restrictions imposed by Marketlend in the terms of the Receiver’s appointment, the Receiver may do any one or more of the following things:
126.96.36.199 collect and sell enough of the charged assets (collateral) to repay the debt owed to Marketlend (this may include selling assets or the company’s business);
188.8.131.52 pay out the money collected in the order required by law;
22.3 The interpretation of any right or power set out in this clause is not restricted by reference to or inference from any other right or power.
- Account Holder means any person who uses the Marketlend website to obtain credit from any participant on Marketlend platform including Marketlend or an account applicant for the trade credit on the Marketlend website.
- Business or business means any company, sole trader, or trust that has made an application to be an Account Holder and had or has, a listing on the Marketlend marketplace located here.
- Event of Default means:
- there is a breach by the Account Holder of any of these Terms of Service or any other agreement with Marketlend, or
- any monies payable to Marketlend become overdue, or in our opinion you will be unable to meet your payments as they fall due; or
- where Marketlend ascertains that the Account Holder has made any false, inaccurate or misleading statement having, in Marketlend’s opinion, having a material effect on the provision of any monies by Marketlend previously or in the future to the Account Holder or in relation to making of any agreement or security or any related or collateral document; or
- if the authority or the power of the Account Holder to perform their obligations under any agreement with Marketlend or any security is revoked or so amended that the Account Holder is unable to fully and duly perform and observe those obligations or is the Account Holder is a natural person, the Account Holder dies or become incapable to not managing his or her own affairs; or
- you (being a company) are or become
- an externally-administered body corporate;
- subject to control by a Controller; or
- insolvent; or
- you (being an individual) commit an act of bankruptcy or are or become an insolvent under administration.
- Investor means any person who uses the Marketlend’s website or Tyndall services to deposit monies in an entity managed by Tyndall for the purpose to enable a person to borrow in part or whole these monies.
- Lender means any person who uses the Marketlend’s website or Tyndall services to deposit monies in an entity managed by Tyndall for the purpose to enable a person to borrow in part or whole these monies.
- Marketlend Platform means the website or service provided by Marketlend or its related entities.
- Member means any person registered on the Marketlend’s website or an Account Holder who has made a Trade Credit Account application to Marketlend regardless of its status.
- Seller means where reference is made in here, the Account Holder. Where reference is made in the general security deed at paragraph 1 of that deed, all assets of the Account Holder.
- Term means the renewal date of the line of credit, it is not the final maturity of the account.
- Website means the url located at http://app.marketlend.com.au and all related pages including those hosted by the domains, marketlend.com.au or tyndallcapital.com