Documents

Platform documents

General Terms & Conditions

Registering as an Investor

  1. Once you are accepted as an Investor, you may use the Platform to  subscribe for or purchase  interests  in  Loans  listed  on  the  Platform  (including  Loans  listed  on  the Secondary Market), subject to the terms and conditions set out in the Investor Terms and other Platform Documents.
  2. To be accepted as an Investor on the Platform, you must apply to register with us, and comply with the conditions we specify. These conditions include:
    1. for an individual, being located in New Zealand, unless we otherwise agree;
    2. for a body corporate, being incorporated or constituted in New Zealand or otherwise having a place of business in New Zealand, unless we otherwise agree;
    3. for an individual, being 18 years of age or older at the time you submit your application;
    4. having a New Zealand bank account;
    5. submitting a fully completed Investor Application Form, and providing us with any other information we may ask for subsequently;
    6. completing our verification processes in relation to your identity and relevant personal information (this may include the identity and personal information of other persons) to our satisfaction, enabling us to comply with anti-money laundering law as well as law relating to tax matters;
    7. not be carrying on the business of being a creditor under a credit contract (as defined in the CCCFA), unless registered to do so on the FSPR; and
    8. meeting any other requirements we notify to you from time to time.

Applying for a Loan

  1. Applicants may submit one or more Loan Proposals, subject to the terms and conditions set out in the Borrower Terms and other Platform Documents.
  2. To be accepted as a Borrower you must comply with the conditions we specify. These conditions include:
    1. for an individual, being located in New Zealand, unless we otherwise agree;
    2. for a body corporate, being incorporated or constituted in New Zealand or have a place of business in New Zealand, unless we otherwise agree;
    3. for  an  individual,  being  18  years  of  age  or  older  at  the  time  you  submit  your application;
    4. having a New Zealand bank account;
    5. submitting a fully completed Borrower Application Form, and providing us with any other information we may ask for;
    6. successfully passing all required credit checks and assessments, demonstrating a credit score that meets our criteria;
    7. completing our verification processes in relation to your identity and relevant personal information (this may include the identity and personal information of other persons) to our satisfaction, enabling us to comply with anti-money laundering law as well as law relating to tax matters; and
    8. meeting any other requirements we notify to you from time to time.
  3. You grant us the authority to conduct or obtain any necessary credit, identity, verification, or other checks in relation to your application, as well as the on-going performance of your obligations under a Loan.
  4. When you have submitted a Loan Proposal, we will review and, in our sole discretion, decide whether to approve the Loan Proposal for listing on the Platform (subject to you meeting the conditions in paragraph 4 above). Once we have accepted a Loan Proposal, we will provide you or your authorised representative with a Letter of Offer setting out information about the approval, the associated terms, and other relevant documents. We (or a Related Party) will either pre-fund the Loan as the Initial Investor, or we will list the Loan on our Platform for subscription by Investors to secure funding. We may in our sole discretion choose a combination of both approaches.
  5. The loan you apply for under your Loan Proposal must be wholly or predominantly for business and/or commercial purposes. If the loan is predominantly used, or is intended to be used, for personal, domestic, or household purposes (i.e., a “consumer credit contract” as defined in the CCCFA) the Loan Proposal will not be accepted and will not be listed on the Platform.
  6. You may withdraw a Loan Proposal at any time by notifying us in writing before the Loan Documents are signed by you.
  7. In the event there is more than one Borrower for a Loan, each Borrower must be approved by us.

Further application conditions

  1. We have the right to decline your application for registration as a Borrower or Investor at our absolute discretion. We have no obligation whatsoever to provide reasons, and as an Investor or a Borrower we will have no liability to you for declining your application.
  2. By applying to be either a Borrower or Investor, you warrant and represent (on an ongoing basis) that:
    1. you meet the eligibility criteria to become a Borrower or an Investor (as applicable);
    2. all the information that has been, or will be, given by you (whether by any director, agent or professional adviser) to us is complete and accurate and that you have not omitted any information which may reasonably affect our decision to register you on to the Platform or approve you as a Borrower or an Investor; and
    3. in the event of any changes to the information previously provided by you to us and on becoming aware of any errors or omissions in respect of any information previously provided, you will notify us promptly of the changes, errors, or omissions.
  3. You agree to indemnify us, the Trustee and each other relevant Investor against any cost, loss, expense, or liability any such party may incur if any of your warranties and representations given above are false, misleading, or incomplete.
  4. Once registered, you may apply to deregister as a Borrower or Investor at any time by notifying us in writing.
  5. We may suspend or terminate your registration and/or your status as a Borrower or an Investor at any time by notifying you. However, if you are a party to a Loan (or if the Trustee is a party on your behalf) which is outstanding at the time of suspension or termination, the relevant Loan Agreement will continue until the termination or expiration of the Loan, in accordance with its terms.

Our Platform

  1. Loan Proposals accepted by us for the Platform will be funded in accordance with these General Terms & Conditions, Borrower Terms, and other Platform Documents.
  2. When subscribing for or purchasing interests in a Loan on the Platform, your interest in the Loan will be held on bare trust for you and other Investors in that Loan by the Trustee. The Trustee agrees to enter into the Loan (as the lender) and hold all amounts received under or in respect of a Loan or otherwise on behalf of each Investor on bare trust for the benefit of all Investors. Each Investor will have an interest in all income received under or in respect of the Loan, based on the proportion of the value of the Loan contributed by the relevant Investor, and if applicable, subject to the Priority Arrangements agreed upon between Investors (see paragraph 36 for the Priority Arrangements).
  3. You have the option to subscribe for or purchase interests in any Loans that are listed on the Platform by submitting an Investment Commitment until the Loan is withdrawn from the Platform or until we otherwise notify you via the Platform. An Investment Commitment can also be designated as recurring (known as Auto Invest). If you have opted for Auto Invest, a new Investment Commitment will automatically be created on your behalf by the Platform, to be matched with Loans that meet the Acceptable Criteria, provided that your Investor Call Account has sufficient balance to meet the relevant investment amount. All Investment Commitments will be subject to the Investor Terms and other requirements notified on the Platform from time to time.
  4. Once an Investment Commitment has been submitted or created, the Investment Commitment becomes a legally binding offer to subscribe for or purchase interests in a Loan or Loans for the purposes of the FMCA as determined by us and in accordance with the Investor Terms. Your Investment Commitment remains binding unless validly withdrawn before:
    1. it has been matched with a Loan; or
    2. the full value of the selected Loan has been fully subscribed or purchased.
  5. Once an Investment Commitment has been accepted or created, it will generally be matched with eligible Loans in the following order of priority:
    1. First, Investment Commitments under Auto Invest will have priority over other Investment Commitments (non-Auto Invest), and we will allocate between them on such basis as appears fair and reasonable to us.
    2. Secondly, if a Loan is not fully filled by Auto Invest Investment Commitments under paragraph (a), an Investment Commitment (non-Auto Invest) submitted or created earliest in time will be given priority over Investment Commitments submitted or created later.
  6. Investment Commitments will be matched until the full value of the Loan is met. If the value of the Loan is less than the value of the Investment Commitment, the Investment Commitment will be filled up to the full value of the Loan. We will notify you via the Platform and via email if your Investment Commitment has been matched to a Loan.
  7. We (or a Related Party) may subscribe for interests in the Loans as an Investor, including as an Initial Investor under paragraph 22 (each a Related Party Investor).
  8. For example, we (or a Related Party) may pre-fund a Loan as the Initial Investor. This allows for Loans to be quickly funded to meet the Borrowers’ needs. If a Loan has been pre-funded by the Initial Investor, we may then list the relevant interests in the Loan on the Secondary Market
  9. We also operate a Secondary Market through which Investors (including Related Party Investors) may offer their interests in Loans for sale on the Platform. The sale of interests in a Loan (in whole or in part) will not affect the existing terms and conditions of the loan. Further information regarding the Secondary Market can be found in the Secondary Market Rules.
  10. If there is an error in a Loan Document or any other document, we may correct these errors and take any additional measures required (including the transfer of funds) if a document does not match the agreement between the parties.
  11. We will operate the Platform in compliance with our Fair Dealing Policy.

Interest and repayment

  1. Unless otherwise agreed in the Loan Documents and disclosed to Investors via the Platform, interest on the Loan is payable by the Borrower monthly. The principal is due on the date set out in the Loan Documents.
  2. Payment of investment interest to Investors is contingent upon the Borrower fulfilling their obligation to pay the relevant interest under the Loan. The accrued investment interest (minus our fees and applicable RWT) will be credited to your Investor Call Page 5 of 13 Account via the Clearing Account no later than 3 Business Days after each specified interest payment date. The relevant amounts will be held on bare trust by the Trustee for your benefit and that of other Investors (if any) under the relevant Loan in proportion to the amounts contributed by each in respect of the Loan However, in the event of a shortfall in the interest payment made by the Borrower, we may, at our sole discretion, fund the payment of investment interest from our own funds. Upon successful recovery of the missed interest payment from the Borrower, we shall be entitled to receive both the interest payment and any applicable default interest in full. If we are unable to recover the interest payment from the Borrower, and it remains outstanding for more than 30 days, we will inform you of the default and take appropriate actions in accordance with the Investor Agreement.
  3. If we do not fund the payment of investment interest, any unpaid interest (referred to as Deferred Interest) shall be paid to Investors upon the Trustee receiving any payment towards the shortfall (after applying the Priority Arrangements). Deferred Interest shall not bear any interest including default or penalty interest of any kind. Deferred Interest will rank in priority ahead of any investment interest then falling due and the oldest outstanding Deferred Interest shall be paid in priority.
  4. Repayment of your principal is contingent upon the Loan being repaid in full by the Borrower. If the Loan is renewed or extended, then your investments will continue until the Loan is repaid by the Borrower. An exception to this is if we agree to pay you before repayment by Borrower occurs or authorise you to list your interests in the Loan on the Secondary Market (see Investor Terms for more details on when this may occur).
  5. As an Investor, you agree and acknowledge that we will act on your behalf (or instruct the Trustee to do so on your behalf) in respect of any interest or rights in the Loans which you subscribe for or purchase. You agree not to interfere with, or question the exercise or non-exercise of, those rights, powers, authorities, or discretions in our dealings with Loan Documents, the Security Documents, including in relation to the enforcement of the Loan. In addition, you agree not to personally contact, pursue, or make a claim against a Borrower or Guarantor.
  6. We have a system in place to keep track of Loan repayments and any arrears. This includes daily monitoring of Loan arrears.
  7. The focus of our Loan arrears management is to concentrate on Loans of more than 30 days in arrears. Loan arrears below this level are also monitored and Borrowers will be contacted to organise remedial action. Loans that are in arrears for more than 30 days will be referred to our management team to discuss appropriate actions to take (in accordance with our internal policies). In addition, there will be monthly credit reporting provided to our management including arrears reporting showing number, value, and percentage of Loans in arrears. If the Loan is outstanding for 30 days or more, Investors will be notified, and Borrowers will be further contacted for Loan repayments. Appropriate action will be taken, which is determined by the circumstances of each Loan, including the Borrower’s credit history and the Borrower’s response.

Security and guarantees

  1. We will generally require all Loans to be secured. The security provided by the Borrower will be held by the Trustee (on bare trust) in accordance with the Loan Documents and the Borrower Terms. We require Borrowers to provide security in relation to a Loan subject to requirements notified by us from time to time. When a Borrower provides security, it will be held by the Trustee in accordance with the terms of the Loan Documents, the Security Documents, and any Priority Arrangements.
  2. If security is provided by a person other than the Borrower, we will require that person to provide a guarantee of the Loan. Where we require a guarantee, Borrowers must ensure that each Guarantor signs the Loan Documents and provides us with all information we require in relation to the Loan, the Guarantors, and the guarantee. We may also agree with a Borrower that a guarantee is to be provided in other circumstances.
  3. We may, at our discretion, disclose to Investors whether security or guarantee has been provided in relation to the Loan before it is entered into. This disclosure will include any Priority Arrangements. We will not disclose any personal information about Borrowers, as this could breach their rights under privacy law.

Priority Arrangement

  1. Unless the terms of a Loan specify otherwise, any security granted by a Borrower in favour of the Trustee (as the lender) for the purposes of securing obligations under a Loan will be held for the benefit of the Investors for that Loan.
  2. The proceeds in relation to a Loan shall be applied in the following order of priority (Priority Arrangement):
    1. First, towards the payment of our fees under paragraph 38.
    2. Secondly, towards the payment of costs, and expenses incurred in relation to the Loan and the associated security property. This includes statutory costs, enforcement costs, insurance, rates, or any other fees, costs or expenses of any nature whatsoever relating to the Loan or the associated security property.
    3. Thirdly, towards the payment of interest due to each Investor under that Loan in accordance with the proportion of their interest. Within this category, payment to Related Party Investors may rank behind that of other Investors.
    4. Fourthly, towards the payment of principal due to each Investor under that Loan in accordance with the proportion of their interest. Within this category, payment to Related Party Investors may rank behind that of other Investors.
    5. Finally, the payment of the surplus (if any) to any other person entitled to it. This includes payment to us for any contribution made towards payment of investment interest to Investors that have not been recovered by us from the Borrower within 30 days of the Borrower’s default (see paragraph 27 and the Investor Agreement for more information).

Our fees

  1. You agree to pay us the fees published on the Platform or otherwise disclosed to you. We may change our fees from time to time by giving you notice.

Tax

  1. We confirm that the Trustee is a person of the type listed in section 32E(2)(a) to (h) of the Tax Administration Act 1994 and is a person who holds RWT-Exempt Status (as that term is defined for the purposes of the Income Tax Act 2007) and that the Trustee will use reasonable endeavours to maintain RWT-Exempt Status and will notify the Borrower if it ceases to have RWT-Exempt Status.
  2. We will deduct RWT from amounts paid into the Investor Call Account to the extent to which those amounts are interest subject to RWT and pay it to IRD. Each Borrower acknowledges that it will not deduct or withhold any amount of RWT from any payment by the Borrower to the Trustee under a Loan.

Use of our Platform

  1. When accessing and using the Platform, you agree to:
    1. use the Platform for lawful purposes only;
    2. keep all information related to the Platform, including your password and username, secure and free from unauthorised use;
    3. notify us in writing immediately after you become aware of any circumstances that may suggest that any person may have unauthorised knowledge, possession, or use of the Platform;
    4. not impersonate another person or misrepresent authorisation to act on behalf of us or others;
    5. refrain from any activities attempting to compromise the security or integrity of the Platform;
    6. refrain from using the Platform in any manner that could impair its functionality;
    7. not, directly or indirectly, copy, reproduce, translate, decompile, reverse- engineer, resell, modify, vary, sublicense, or create derivative works of the Platform or any part of it.
  2. We do not guarantee that the Platform will be always available. We may change, suspend, discontinue, or restrict access to, the Platform from time to time (whether with respect to you or other users generally) without prior notice or liability to you.
  3. We do not guarantee that the Platform will be completely secure, uninterrupted, or error-free. To the maximum extent permitted by law, the Platform is provided on “as is” and “as available” basis, without any warranties, except for those expressly set out in these General Terms & Conditions. All other conditions, guarantees, or warranties, whether express or implied, including any statutory warranties of merchantability, availability, reliability, and fitness for a particular purpose, are (to the maximum extent permitted by law) expressly excluded.

Intellectual property rights

  1. All rights, title, and interest in, including all Intellectual Property Rights in, the Platform and all information or material created or developed by us under or in connection with the Platform (including rights in text, graphics, arrangement and overall design of the Platform), are owned by us (and our licensors) absolutely. You agree not challenge our (or any other person's) ownership of these Intellectual Property Rights.
  2. Unless expressly provided for your personal use of the Platform, nothing in these General Terms & Conditions is to be read as giving you any right to use these Intellectual Property Rights without the prior written consent of us or our licensors.

Third party websites

  1. Our Platform may contain links to third party websites. Those websites are not under our control. The links are provided for convenience and informational purposes only. Accordingly, the inclusion of any link does not imply an endorsement by us of that website. To the maximum extent permitted by law, we are not responsible for the content, validity, accuracy, or the use, of any other website. You must check the terms and conditions applicable to any other websites you use or verify such information with the third parties directly.

Limitation of liability and indemnity

  1. To the maximum extent permitted by law, your access and use of the Platform is your sole responsibility.
  2. We do not provide any advice or recommendations. Any information we make available to you does not take into account your objectives, financial situation, or needs. You agree that:
    1. you are fully responsible for making your own investment decisions; and
    2. you  have  not  relied  on  any  representation  by  us  (other  than  set  out  in  these General Terms & Conditions) and we have no responsibility of any kind to you if you have.
  3. You agree and acknowledge that neither we nor the Trustee underwrite or guarantee payment of any amount under or in connection with the Loans.
  4. To the maximum extent permitted by law, we will not be responsible or liable, in contract, tort (including negligence), equity or otherwise for any direct, indirect, incidental, consequential, special, or punitive damage, or for any loss of profit, income or savings, or any costs or expenses incurred or suffered by you or any other person, arising out of, or in connection with, your access to, or use of, the Platform or any linked websites. In this paragraph, we also includes the Trustee, as well as our respective directors, partners, officers, employees, and agents.
  5. To the maximum extent permitted by law, you indemnify us against all loss, liability, claim, proceeding, cost, expense (including the actual legal fees charged by solicitors) we suffer or incur as that is in any way related to your use access to or use of the Platform. In this paragraph, us also includes the Trustee, as well as our respective directors, partners, officers, employees, and agents.
  6. Except to the extent permitted by law, nothing in these General Terms & Conditions has the effect of limiting any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 that cannot be excluded.
  7. All warranties, whether expressed or implied, as to the accuracy, currency, completeness, fitness for purpose or usefulness of the information contained on the Platform are excluded to the maximum extent permitted by law.
  8. You must take your own precautions to ensure that whatever information you select for your use is free of items such as spyware, viruses, worms, trojan horses or other items of a destructive nature.
  9. For a Borrower, to the maximum extent permitted by law, you accept and acknowledge that we and the Trustee will not be liable to you for not:
    1. meeting our obligations under this agreement where the failure is outside of our reasonable control; or
    2. accepting a Loan Proposal.
  10. For an Investor, to the maximum extent permitted by law, we and the Trustee will not be liable to you for:
    1. our failure in complying with any term in this agreement if the failure is due to reasons which we could not reasonably control; and
    2. for any failure of Borrowers to make repayment of all or any amounts under the Loan Documents.

      You agree and acknowledge that neither we nor the Trustee underwrite or guarantee payment of any amount under or in connection with the Loans.

Privacy

  1. We have a Privacy Policy governing the collection, use and disclosure of your personal information by us. The Privacy Policy is available on our website and can be provided to you upon request.

General

  1. Unless otherwise specified in any of the Platform Documents, the following paragraphs and the Glossary apply to, and are incorporated by reference in, each of the Platform Documents.
  2. The Platform Documents contain all the terms agreed between the parties relating to the matters dealt with in them and supersede all prior discussions and agreements covering their subject matter.
  3. The Platform Documents are governed by, and must be interpreted in accordance with, the laws of New Zealand and each party submits to the jurisdiction of the New Zealand courts.
  4. You are not permitted to assign, transfer, or otherwise deal with any of your rights or obligations provided under the Platform Documents without our prior written consent. We can give or withhold our consent at our discretion.
  5. Any notice or communication provided by you must be provided by email to us at accounts@golend.co.nz.
  6. You agree that we may use the email address provided in your application for registration or such other email address as you notify to us from time to time to provide such notices, communications and/or disclosures to you. Any electronic communication will be deemed to have been received by you when it is transmitted by us.
  7. In the event of any inconsistency between the provisions of these General Terms & Conditions and the provisions of any other Platform Document, we may determine (in our discretion) which of the provisions will prevail.
  8. We shall not be held liable to you for any failure or delay in the performance of our obligations under our Platform Documents if such failure or delay is beyond our reasonable control or the reasonable control of our personnel.
  9. We may amend any Platform Document by providing notice of the amendments on the Platform if:
    1. the amendments are required or desirable in relation to the better or more efficient operation of the Platform;
    2. the amendments are required or desirable as a result of any legal or regulatory requirement to which we are, or the Trustee is, subject from time to time; and
    3. the amendments will only apply to new Loans entered into by you following the date on which such amendments are made.
  10. As registered financial service providers, we and the Trustee are both members of the Financial Services Complaints Limited dispute resolution scheme. Further details regarding the scheme can be found at http://www.fscl.org.nz.
  11. In the Platform Documents:
    1. words stated in the singular include the plural and vice versa;
    2. headings are for convenience only and do not affect the interpretation of the relevant documents;
    3. a person includes company, partnership, joint venture, association, corporation, or other body corporate and any government agency as well as an individual;
    4. including and similar words do not imply any limitation;
    5. references to any legislation or any clauses of any legislation (including regulations and orders) include: (i) that legislation or provision as from time to time amended, re-enacted, or substituted, and (ii) any statutory instruments, regulations and orders issued under any such legislation or provision; and
    6. references to a document or agreement include that document or agreement as amended, supplemented, or replaced from time to time.

Glossary

  1. In the Platform Documents, unless otherwise specifically defined, or where the context otherwise requires:

    Acceptable Criteria means the criteria specified in your Investment Commitment for us to apply your funds to subscribe for or purchase interests in a Loan or Loans via the Platform. Such criteria may include the acceptable category of loans (e.g. loans having substantively similar underlying credit risks, security, or loan purpose).

    Auto Invest means a feature on our Platform where you can provide us standing instructions for subscription or purchase of interests in Loan or Loans on our Platform, provided they meet the Acceptable Criteria.

    Borrower means a person who has been accepted as a borrower by us.

    Borrower Agreement means the borrower agreement which applies between a Borrower, us, and the Trustee when the Borrower enters into a Loan via the Platform.

    Borrower Application Form means an application form from a Borrower, in a form accepted by us from time to time.

    Business Day means a day on which banks are open for business in Auckland other than Saturdays, Sundays, or public holidays.

    Borrower Terms means, as applicable:
    a. the General Terms and Conditions;
    b. the Borrower Agreement;
    c. the Loan Documents;
    d. the Security Documents;
    e. the Secondary Market Rules; and
    f. any other agreement entered into between the Borrower, us and/or the Trustee in connection with a Loan from time to time.

    Business Day means a day on which banks are open for business in Auckland other than Saturdays, Sundays, or public holidays.

    CCCFA means the Credit Contracts and Consumer Finance Act 2003.

    Clearing Account means the bank account operated by us on behalf of the Trustee into which payments received will be deposited, and from which payments and deductions in relation to RWT may be made, in relation to the operation of the Platform.

    Credit Event has the meaning in the Secondary Market Rules.

    Default Fees means default fees, including default interest, payable by the Borrower in the event of:
    a. failure by the Borrower to make all or any part of an agreed Loan payment, on the day that it is due;
    b. failure by the Borrower to repay the principal sum on the maturity date;
    c. failure by the Borrower to keep the security property fully insured with our interests recorded; or
    d. any other material reason as fully outlined in the Loan Agreement.

    Establishment Fee means the establishment fee payable by a Borrower as disclosed in the Letter of Offer and the Loan Agreement and deducted from the initial advance of the Loan.

    Deed of Bare Trust means the deed of bare trust between us and the Trustee in relation to Loans.

    Fair Dealing Policy means our policy in relation to fair dealing issues on the Platform which is available here.

    FMCA means the Financial Markets Conduct Act 2013.

    FSPR means the Register of Financial Service Providers.

    General Terms and Conditions means these general terms and conditions.

    Go Lend, we, us, or our means Go Lend Limited.

    Go Lend Group means us, the Trustee, and any other related company.

    Guarantor means a guarantor in relation to a Loan.

    Initial Investor means us, or a Related Party who initially funds a Loan.

    Initial Investor Loan means a loan entered into initially by an Initial Investor.

    Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential  information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

    Investment Commitment means an Investor initiated commitment to subscribe for or purchase interests in a Loan or Loans via the Platform. For the purpose of Auto Invest, an Investment Commitment will specify the Acceptable Criteria.

    Investor means a person who has been accepted as an investor by us and includes any Related Party Investors, where relevant.

    Investor Call Account means a notional transactional record that is maintained for each Investor, with the total of all such accounts reconciled to the Clearing Account.

    Investor Agreement means the investor agreement which applies between an Investor, us, and the Trustee when the Investor participates in funding a Loan via the Platform.

    Investor Application Form means an online application form from an Investor.

    Investor Terms means:
    a. the General Terms and Conditions;
    b. the Investor Agreement;
    c. the Service Disclosure Statement;
    d. the Loan Documents;
    e. the Secondary Market Rules;
    f. the Priority Arrangements (if applicable); and
    g. any other agreement entered into between the Investor, us and/or the Trustee in connection with a Loan from time to time.

    IRD means the New Zealand Inland Revenue Department.

    Letter of Offer means a letter provided to a proposed Borrower by the Trustee offering to enter into a Loan.

    Loan means a loan to a Borrower from the Trustee on behalf of the participating Investors and includes, where the context requires, rights under any associated guarantee.

    Loan Documents means the loan agreement between the Borrower and the Trustee, and where relevant, a Guarantor in relation to a Loan and includes, where applicable, any Security Documents.

    Loan Proposal means the proposal provided by the Borrower to us detailing their requested Loan amount, details of how we will be repaid and a description of the security property.

    Nominated Account means the account with a bank in New Zealand which is nominated by you for payment of investment interest and principal if you are an Investor, or the account from which Loan payments are deducted if you are a Borrower.

    Service Disclosure Statement means our service disclosure statement provided to Investors for the purposes of FMCA.

    Privacy Policy means our privacy policy.

    Platform means our website and peer-to-peer lending platform.

    Platform Documents means the Borrower Terms and the Investor Terms.

    Priority Arrangements means arrangements between Investors in a Loan and the Trustee establishing each Investor’s priority for repayment in respect of the Loan, that are enforced in accordance with the Priority Arrangements section in these General Terms and Conditions.

    Related Party means any of us, Trustee, or any other company within the Go Lend Group, or any of those persons’ directors or employees or close family members of those directors and employees.

    Related Party Investors means us or a Related Party that subscribe for interests in a Loan or Loans, including as an Initial Investor.

    RWT means resident withholding tax imposed under the RWT rules in the Income Tax Act 2007.

    RWT-Exempt Status has the meaning in section YA 1 of the Income Tax Act 2007.

    Secondary Market means a market operated by us on the Platform which enables Investors to transfer their interests in relation to Loans to other Investors.

    Secondary Market Rules means the rules established by us in relation to the Secondary Market.

    Security Documents means the documents granting security over a Borrower’s property under a Loan, including any Priority Arrangements.

    Service Disclosure Statement means the disclosure statement required to be given by us to Investors under the FMCA available here.

    Trustee means GLG Trustees Limited, or any replacement trustee or trustees appointed by us.

Service Disclosure Statement

1. Licensing

We are licensed by the Financial Markets Authority to provide peer-to-peer lending services in New Zealand.

We are registered on the FSPR in accordance with the requirements of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 to provide peer-to-peer lending services.

GLG Trustees Limited (Trustee) is the Platform’s lender of record (as a bare trustee). The Trustee is registered on the FSPR to provide credit under a credit contract and to provide a client money or property service.

2. What are the services we provide?

Our Platform matches Borrowers seeking finance with Investors who can fund them.

Investors may use the Platform to subscribe for or purchase interests in Loans listed on the Platform (including Loans listed on the Secondary Market). When subscribing for or purchasing interests in a Loan on the Platform, your interest in the Loan will be held on bare trust by the Trustee for you and other participating Investors in that Loan. The Trustee agrees to enter into the Loan (as the lender on record) and hold all amounts received under or in respect of a Loan on bare trust for the benefit of all participating Investors.

Investors appoint us as agent in relation to the following:

  • entering into agreements on the Trustee’s behalf in relation to the use of the Platform by Investors and Borrowers;
  • entering into Loan Documents with Borrowers and any Guarantors on the Trustee’s behalf;
  • opening and administering the Investor Call Account and the Clearing Account;
  • administering the Priority Arrangements agreed between the Investors on the Trustee’s behalf;
  • transferring funds and otherwise settling all Loans in accordance with the Loan Documents;
  • administering Loans including by collection and enforcement in relation to the Loans and any security or guarantee provided in respect of the Loans;
  • transferring any funds to Investors which are or may become payable from time to time;
  • performing all or any of the other functions or obligations of the Trustee relating to the Loans.

Further details regarding our Platform are set out in the following documents which are available on the Platform:

  • The General Terms and Conditions;
  • The Investor Agreement;
  • The Borrower Agreement;
  • The Secondary Market Rules;
  • The Fair Dealing Policy;
  • Example of our Loan Documents.

3. How to register as an Investor?

To be accepted as an Investor on the Platform, you must apply to register with us, and comply with the conditions we specify. These conditions include:

  • for an individual, being located in New Zealand, unless we otherwise agree;
  • for a body corporate, being incorporated or constituted in New Zealand or otherwise having a place of business in New Zealand, unless we otherwise agree;
  • for an individual, being 18 years of age or older at the time you submit your application;
  • having a New Zealand bank account;
  • submitting  a  fully  completed  Investor  Application  Form,  and  providing  us  with  any  other information we may ask for subsequently;
  • completing  our  verification  processes  in  relation  to  your  identity  and  relevant  personal information (this may include the identity and personal information of other persons) to our satisfaction, enabling us to comply with anti-money laundering law as well as law relating to tax matters;
  • not carrying on the business of being a creditor under a credit contract (as defined in the CCCFA), unless registered to do so on the FSPR; and
  • meeting any other requirements we notify to you from time to time.

4. How to apply for a Loan?

To  be  accepted  as  a  Borrower,  you  must  comply  with  the  conditions  we  specify.  These conditions include:

  • for an individual, being located in New Zealand, unless we otherwise agree;
  • for a body corporate, being incorporated or constituted in New Zealand or have a place of business in New Zealand, unless we otherwise agree;
  • for an individual, being 18 years of age or older at the time you submit your application;
  • having a New Zealand bank account;
  • submitting  a  fully  completed  Borrower  Application  Form,  and  providing  us  with  any  other information we may ask for;
  • successfully  passing  all  required  credit  checks  and  assessments,  demonstrating  a  credit score that meets our criteria;
  • completing  our  verification  processes  in  relation  to  your  identity  and  relevant  personal information (this may include the identity and personal information of other persons) to our satisfaction, enabling us to comply with anti-money laundering law as well as law relating to tax matters; and
  • meeting any other requirements we notify to you from time to time.

When you have submitted a Loan Proposal, we will review and, in our sole discretion, decide whether to approve the Loan Proposal for listing on the Platform (subject to you meeting the conditions above). Once we have accepted a Loan Proposal, we will provide you or your authorised representative with a Letter of Offer setting out information about the approval, the associated terms, and other relevant documents.

In  addition,  all  Borrowers  (once  the  Loan  has  been  approved)  are  required  to  appoint  an independent solicitor who will:

  • independently  advise  the  Borrower  on  the  Loan  including  explaining  the  Loan  terms,  the Borrower’s rights and obligations and the nature of the security being provided;
  • assist in registering the security;
  • ensure all documentation is fully completed and signed; and
  • facilitate the exchange of funds and settlement of the Loan.

Guarantors (if any) are also required to appoint an independent solicitor who will undertake the same role as for the Borrowers, above.

5. How are Loans offered on the Platform?

Loans will be offered to Investors directly through the Platform (a Primary Market Loan). We also operate a Secondary Market through which Investors, if approved by us, may sell their interests in Loans on the Platform (a Secondary Market Loan). See the Secondary Market Rules on how the Secondary Market will operate.

Investors have the option to subscribe for or purchase interests in any Loans that are listed on the Platform by submitting an Investment Commitment (non-Auto Invest). An Investment Commitment can also be designated as recurring (known as Auto Invest). If you have opted for Auto Invest, a new Investment Commitment will automatically be created on your behalf by the Platform, to be matched with Loans that meet the Acceptable Criteria, provided that your Investor Call Account has sufficient balance to meet the relevant investment amount.

Your Investment Commitment remains binding unless validly withdrawn before:

  • it has been matched with a Loan; or
  • the full value of the selected Loan has been fully subscribed or purchased.

Once an Investment Commitment is accepted or created, it will be matched with eligible Loans in the following order of priority:

  • First,  Investment  Commitments  under  Auto  Invest  will  have  priority  over  other  Investment Commitments under non-Auto Invest, and we will allocate between them on such basis as appears fair and reasonable to us.
  • Secondly, if a Loan is not filled or fully filled by Auto Invest Investment Commitments under the  paragraph  above,  Investment  Commitments  (under  non-Auto  Invest)  submitted  or created  earliest  in  time  will  be  given  priority  over  Investment  Commitments  submitted  or created later.

Investment Commitments will be matched until the full value of the Loan is met. If the remaining value of the Loan is less than the value of the Investment Commitment, the Investment Commitment will be filled up to the full value of the Loan. We will notify you via the Platform and via email if your Investment Commitment has been matched to a Loan.

The Platform will display the following information about each Loan offered:

  • terms of the Loan (including amount, drawdown and maturity dates, and loan interest rate);
  • terms of the investment in the Loan (including minimum investment amount, total amount available for investment, and the investment interest rate);
  • a  description  of  the  security  including  valuation  details  (but  without  disclosing  personal information about the Borrower);
  • other Loan information (including the Borrower’s credit score, the Loan purpose, the loan to value ratio and a statement of how the Loan is serviced);
  • confirmation  of  whether  the  Loan  is  a  Secondary  Market  Loan  (including  a  link  to  our Secondary Market Rules (if applicable));
  • any other information that we consider should be disclosed.

We use a Credit Assessment Scoring (CAS), a scoring system used by our internal credit team to assess the level of risk associated with a Loan and determining, among other things, the appropriate interest rate for the Loan. We will disclose the CAS to Investors.

6. How is Investor money received and dealt with by us?

We will establish an Investor Call Account for each Investor. Each Investor Call Account will be held on separate bare trust by the Trustee for each Investor. The Investor Call Account will be used to receive and hold the funds required to fulfil the Investment Commitments you made. All funds in the Investor Call Account will be managed in accordance with the Investor Agreement.

Interest received on any funds held on your behalf in the Investor Call Account will either be paid to us as a fee for our services or a portion of it will be offered to you, at the rate published on our website. Rates are subject to change at any time at our discretion. This interest is not paid or guaranteed by us but is a portion of the interest earned on the balances in the Investor Call Account, which is held on bare trust for you by the Trustee. The underlying interest is payable by the registered bank or banks with whom the Investor Call Account is held.

You must ensure that you have sufficient funds in your Investor Call Account to meet the amounts specified in your Investment Commitment. If an Investment Commitment is designated as Auto Invest, a new Investment Commitment will automatically be created on your behalf by the Platform, provided your Investor Call Account has sufficient balance for the relevant investment amount. You authorise us and the Trustee to transfer up to the value of your Investment Commitment from the balance in your Investor Call Account to the Borrower or selling Investor (as applicable) via the Clearing Account and to otherwise take such steps as are necessary to settle the Loan under the terms of the Loan Documents.

If there is a shortfall in your Investor Call Account, the shortfall may be funded by us or a Related Party. Should the Loan remain undrawn for one week after the proposed settlement date, your funds will remain in your Invest Call Account as unallocated.

You can make withdrawals from your Investor Call Account at any time. We will pay any cleared funds held on your behalf in your Investor Call Account, which are not required for any outstanding Investment Commitments, to your Nominated Account (to the extent that the full withdrawal request can be satisfied). Withdrawal requests will normally be processed within 24 hours of your request but may take up to 48 hours to reach your Nominated Account.

7. How do we check and assess Borrowers?

To apply for a Loan, a Borrower must provide us with:

  • a synopsis of your Loan Proposal including a brief background about your financial situation, Loan amount requested, and details of how the Loan is to be repaid and of the security being offered;
  • servicing information (i.e., where does the income come from and how much is it);
  • a fully completed statement of financial position, including assets and liabilities;
  • a fully completed monthly budget;
  • details of any property being offered for security;
  • signed authority for us to undertake appropriate enquires and credit checks;
  • any other information we request in relation to you or your Loan Proposal; and
  • if you are proposing any Guarantors, then the above information must be provided for each proposed Guarantor

This information will allow us to make an initial assessment of the Loan Proposal, and we will respond by requesting further information or by providing a Letter of Offer.

Our Loan application committee will consider:

  • the Loan amount requested;
  • the nature and location of the security property;
  • the Loan-to-Value Ratio (LVR);
  • the Borrower’s exit strategy for repaying the Loan (strategies may include refinancing to a bank or sale of the security property or other acceptable strategy);
  • the pricing of the Loan;
  • the Borrower’s ability to service the Loan (if applicable); and
  • whether the income information provided can be or needs to be verified and whether bank statements need to be reviewed.

We check all financial information provided by potential Borrowers for reasonableness and the applicant’s ability to service the Loan.

We check all security property information provided using online data and property valuation records. We also use external valuation advice from real estate professionals or registered valuers, as appropriate. In all cases, we require documentation to support the valuation of the security property, which may include any of the following:

  • a sale and purchase agreement;
  • government valuation records;
  • online valuation appraisals;
  • real estate professional appraisals; and
  • a registered valuation.

In  addition  to  the  requirements  set  out  above,  the  following  checks  are  conducted  on  all Borrowers  and  Guarantors  and  if  the  Borrower  or  Guarantor  is  a  trust  or  a  company,  on  the trustees or directors of the Borrower or Guarantor:

  • identity check to enable us to comply with anti-money laundering law as well as law relating to tax matters;
  • credit check to ensure that they have credit history acceptable to us.

For Secondary Market Loans, we will re-assess the Loan if the performance of the Loan has not been satisfactory, or we have reason to believe that the financial position of the Borrower or the value of the security property has materially adversely changed. In this case, we will re-assess the Loan to ensure all information on the Loan is current considering any other information that may have come to hand. This reassessment may involve obtaining a new credit check, undertaking new servicing checks, retesting the Borrower’s Loan exit strategy or any such evaluations that we consider are appropriate in the circumstances. However, we may not re-assess the Loan if it is not in default, and we have no reason to believe that the financial position of the Borrower or the value of the secured property has materially adversely changed. Therefore, there may be certain information affecting the Borrower's creditworthiness since the Loan was originated, that is unknown to us or the Investors. See our Secondary Market Rules for more information.

8. Security and guarantees

We will generally require all Loans to be secured. The security provided by the Borrower will be held by the Trustee (on bare trust) in accordance with the Loan Documents and the Borrower Terms. We require Borrowers to provide security in relation to a Loan subject to requirements notified by us from time to time. When a Borrower provides security, it will be held by the Trustee in accordance with the terms of the Loan Documents, the Security Documents, and any Priority Arrangements.

If security is provided by a person other than the Borrower, we will require that person to provide a guarantee of the Loan. Where we require a guarantee, Borrowers must ensure that each Guarantor signs the Loan Documents and provides us with all information we require in relation to the Loan, the Guarantors, and the guarantee. We may also agree with a Borrower that a guarantee is to be provided in other circumstances.

We will disclose to Investors whether security has been provided in relation to the Loan before it is entered into. This disclosure will include any Priority Arrangements.

9. How do we monitor Borrowers’ compliance with their obligations?

We have a system in place to keep track of Loan repayments and any arrears. This includes daily monitoring of Loan arrears.

When a Borrower has fully or partially missed a payment under Loan, we will contact the Borrower to secure their commitment to remedy the default either by catching up with the missed payment or making a commitment to make the payment at a future agreed date.

If we do not reach an agreement with the Borrower or they do not honour their commitment, further contact is initiated, and the consequences of non-payment are clearly explained. If appropriate, we also advise the Borrower of their rights if they are facing hardship.

When a Loan is in default and no acceptable outcome is achieved, we may in our sole discretion, take one or more of the following actions:

  • We may purchase all Investors’ interests in the defaulting Loan.
  • We  may  commence  enforcement  action,  including  sale  of  the  security  property  through enforcement of the Security Documents.
  • We may continue to make investment interest payments to the Investors until such time we deem appropriate.

Where applicable, proceeds from enforcement of the Security Documents will be distributed to Investors in accordance with any Priority Arrangements, as set out in the Priority Arrangements section of the General Terms & Conditions.

If, after the sale of the security property or repayment of a Loan, there is a shortfall in any payment to you, we will pursue the Borrower for the shortfall where we consider there is a reasonable expectation of a material recovery (after costs) at our sole discretion. Any payments received (less any expenses incurred) will be paid to you and other Investors, in proportion to your interest in the Loan, subject to any Priority Arrangements.

Unless specified otherwise, investors are not included in this enforcement process. Investors authorise us to administer the Loans (and to instruct the Trustee on their behalf) in our sole discretion including enforcement actions and Investors are not entitled to influence the process.

10. What fees are charged to Investors?

The following is a summary of the fees payable by Investors at the date of this document.  Full details of these fees are available on our Platform.

Any request received by us for a Secondary Market sale by an Investor (other than an Initial Investor) will incur an administration fee, in the amount disclosed on our website, to cover our administration costs. This cost is payable by the Investor irrespective of the success or otherwise of the sale, and irrespective of whether the Loan is offered on the Secondary Market or not.

We may change the fees payable by Investors by providing notice of the amendments on the Platform. Any amendments we make to the fees payable by Investors will only apply in relation to new Loans they list on the Secondary Market following the date which the amendments are made.

11. What charges are payable by Borrowers?

The following is a summary of the fees payable by Borrowers at the date of this document. Full details of the fees payable by Borrowers are disclosed in the Letter of Offer and Loan Documents and are available on our Platform.

Borrowers are required to pay a Loan application fee which is determined at the time of application.

Other fees that may be payable by a Borrower include: Monthly Loan administration fees, missed/late/dishonoured Loan payment fees, and early repayment fees.

We  may  alter  the  fees  payable  by  Borrowers  by  providing  notice  of  the  amendments  on  the Platform. Any amendments we make to the fees payable by Borrowers will only apply in relation to new Loans entered into following the date which the amendments are made.

12. Can we, or any Borrower associated with us, use the Platform?

We do not use the Platform as a Borrower. In some circumstances, Loan advances may be initially funded by us (or a Related Party) as the Initial Investor. The interest in the resulting Initial Investor Loans (wholly or partially) may then be made available to Investors through the Secondary Market. There may also be circumstances where an Investor wishes to sell their interest in a Loan. In these circumstances, we may allow the Investor to offer interests in that Loan to other Investors on the Secondary Market at our discretion. We may also use the Secondary Market to sell our interests in Initial Investor Loans (i.e., Loans that have been prefunded by us or a Related Party as Initial Investor).

We may purchase interests in a Loan offered by an Investor. This will generally be done to provide immediate liquidity for the selling Investor. We will then, as soon as practicable, re-offer the interest in that Loan to Investors on the Secondary Market as a Secondary Market Loan, unless we consider the Loan is not suitable for sale to Investors on the Secondary Market, in which case we may continue to hold the interest in the Loan.

Except as disclosed in this document, if we are an Investor in a Loan, we will be subject to the same rules, obligations, and requirements as all other Investors in relation to the use of the Platform.

Other Related Parties are also permitted to invest through the Platform and will be subject to the same rules, obligations, and requirements as all other Investors in relation to the use of the Platform.

Where we are an Initial Investor in a Loan, we will be paid interest at the full documented Loan rate of interest, i.e., there will be no margin deducted by us in respect of our interest in the Loan.

All Initial Investor Loans offered on the Secondary Market will be offered to Investors at a notional interest rate (rate of return) determined by us, which will generally be the contracted Loan rate less a margin which is retained by us as a fee. Both interest rates (and the deducted margin) will be disclosed to Investors.

Interests in Loans being offered by Investors (other than Initial Investors) will be offered on the Secondary Market on the same terms and at the interest rate as those enjoyed by the selling Investor. Therefore, all interests in Loans traded on the Secondary Market will have the same face value, terms and conditions and pricing as the current Loan being sold by the selling Investor. The only exception to this is if the terms of the Loan have been renegotiated, which will be disclosed to Investors.

We have a Conflicts of Interest Policy in place to ensure that we, and our Related Parties, comply with the requirements set out above.

13. Are there any interests we have that may impact on our ability to provide a fair, orderly and transparent service?

We do not currently hold any interests which may materially adversely impact on our ability to have fair, orderly, and transparent systems and procedures for providing the peer-to-peer lending service through the Platform.

14. Reporting

Upon request we will provide Investors with a record of details of all investments including:

  • amounts invested;
  • rate of return;
  • interest received;
  • dates of all transactions; and  
  • security given in relation to the Loans.

We will also provide Investors with the above information within 5 working days after the Investor invests in a Loan, or otherwise as required under the FMCA.

The transaction information will also be provided to Investors upon request. Requests can be made by contacting us at our contact details below.

15. Our contact details

Go Lend Limited
34 Greenpark Road
Penrose
Auckland 1061
Phone: (09) 582 1777
Email: accounts@golend.co.nz

16. How can Investors complain?

If you have a query or wish to complain, please contact us at the details set out above.

See our Complaints Policy on our Platform.

As registered financial service providers, we and the Trustee are each a member of an approved dispute resolution scheme to which you can direct any complaint. The contact details for the scheme are:

Financial Services Complaints Limited
PO Box 5967
Wellington 6140
Website: fscl.org.nz

17. Further information

You may contact us at any time to obtain further information or to request an electronic copy of any documentation applicable to your investments or to the borrowing process free of charge. Further information is also available on the Platform.

Secondary Market Rules

Background

  1. Go Lend Limited (Go Lend, we, our, or us) operates a Secondary Market through which Investors, if approved by us, may sell their interests in Loans on the Platform.
  2. These Secondary Market Rules and the other Platform Documents govern how the Secondary Market will operate.
  3. In some circumstances, Loan advances may be initially funded by us (or a Related Party) as the Initial Investor. The interest in the resulting Initial Investor Loans (wholly or partially) may then be made available to Investors through the Secondary Market.
  4. There may also be circumstances where an Investor wishes to sell their interest in a Loan. In these circumstances, we may allow the Investor to offer interests in that Loan to other Investors on the Secondary Market at our discretion. We may also use the Secondary Market to sell our interests in Initial Investor Loans (i.e., Loans that have been prefunded by us or a Related Party as Initial Investor).
  5. The Secondary Market is administered, monitored, and enforced by us in accordance with these Secondary Market Rules. All the terms of the Platform Documents as they apply in relation to Loans, interests in Loans, Investors and Borrowers, are deemed to be incorporated in these Secondary Market Rules and a breach of those terms or these rules will be deemed to be a breach of each other Platform Document.

How does it work?

  1. Listing of interest in a Loan on the Secondary Market is subject to a requirement that all information on the Loan is current and all relevant information is provided to be included with the listing on the Secondary Market.

    For interest in Initial Investor Loans:
    1. Subject to (b) below, the original information used to assess the Loan will meet these criteria
    2. If all or a portion of interests in the Loan is not purchased by an Investor/Investors within one month, then the unsold portion may be removed from the Platform. If, however, the unsold portion is re-offered on the Secondary Market:
      1. we will not re-assess the Loan if it is not in default, and we have no reason to believe that the financial position of the Borrower or of the value of the security property has materially adversely changed; or
      2. we will re-assess the Loan if the performance of the Loan has not been satisfactory, or we have reason to believe that the financial position of the Borrower or the value of the security property has materially adversely changed. In this case, we will re-assess the Loan to ensure all information on the Loan is current considering any other information that may have come to hand. This reassessment may involve obtaining a new credit check, undertaking new servicing checks, retesting the Borrower’s Loan exit strategy or any such evaluations that we consider are appropriate in the circumstances.
    3. All such Loans will contain either a commentary on what has been updated, or a comment stating that nothing adverse has been found.

      For interest in all other Loans (non-Initial Investor Loans):
    4. We will either:
      1. not re-assess the Loan unless it is in default or we have reason to believe that the financial position of the Borrower or of the value of the security property has materially adversely changed; or
      2. re-assess the Loan (in the same manner as set out in paragraph (b)(ii) above).
    5. The offer will be clearly noted as a Secondary Market offer by an Investor and will include a comment on any material adverse features of the Loan listed. We may elect to disclose the reason for the Secondary Market offer if we believe that to be appropriate.
  2. Investors who wish to sell their interest in a Loan through the Secondary Market may apply to do so by submitting a written request to us. These may be submitted on the Secondary Market for purchase by Investors or purchased by us in accordance with paragraph 8. Subject to paragraphs 9 and 10, such requests will generally not be approved if:
    1. We are aware that a Credit Event has occurred in relation to the Loan.

      A Credit Event occurs where:
      1. the Borrower has previously missed a payment under the Loan (whether or not the default has been remedied);
      2. the Loan is currently in arrears; or
      3. there has been a material adverse change to the Borrower’s credit profile from the position of the credit assessment undertaken by us prior to the Loan being advanced to the Borrower. A further credit check may be obtained if we have reason to believe that the financial position of the Borrower or of the security property has materially adversely changed;
    2. The Loan has matured or been repaid, or will mature or be repaid in the next calendar month.
    3. The Loan, in our opinion, has adverse features making it unsuitable for transfer through the Secondary Market.
    4. The Investor wishes to sell their interests in the Loan to reinvest their funds into a higher interest rate investment.
  3. We may purchase interests in a Loan offered by an Investor under paragraph 7. This will generally be done to provide immediate liquidity for the selling Investor. We will then, as soon as practicable, re-offer the interest in that Loan to Investors on the Secondary Market as a Secondary Market Loan, unless we consider the Loan is not suitable for sale to Investors on the Secondary Market, in which case we may continue to hold the interest in the Loan. Where we elect to offer the interest in the Loan on the Secondary Market, the processes and requirements set out in clause 7c. above will apply.
  4. Despite paragraphs 7a. and 7.c., we may at our discretion approve a request to list a Loan on the Secondary Market and we may disclose the relevant Credit Event or adverse feature to prospective Investors and may transfer the interest in the Loan to an Investor where the Investor has indicated via the Platform that they accept the offer of the interest in the Loan having been made aware of the relevant Credit Event or adverse feature.
  5. Despite anything in these Secondary Market Rules or the other Platform Documents that could be interpreted to the contrary, we reserve the absolute right to accept or deny any request by an Investor to sell an interest in a Loan on, the Secondary Market.

Applicable interest rate for Loans on the Secondary Market

  1. Where we are an Initial Investor in a Loan, we will be paid interest at the full documented Loan rate of interest, i.e., there will be no margin deducted by us in respect of our interest in the Loan.
  2. All Initial Investor Loans offered on the Secondary Market will be offered to Investors at a notional interest rate (rate of return) determined by us, which will generally be the contracted Loan rate less a margin which is retained by us as a fee. Both interest rates (and the deducted margin) will be disclosed to Investors.
  3. Interests in Loans being offered by Investors (other than Initial Investors) will be offered on the Secondary Market on the same terms and at the interest rate as those enjoyed by the selling Investor. Therefore, all interests in Loans traded on the Secondary Market will have the same face value, terms and conditions and pricing as the current Loan being sold by the selling Investor. The only exception to this is if the terms of the Loan have been renegotiated, which will be disclosed to Investors.

Loan Information

  1. The Platform will display the following information about each Initial Investor Loan:
    1. terms of the Loan (including amount, drawdown and maturity dates, and Loan interest rate);
    2. terms of the investment in the Loan (including minimum investment amount, total amount available for investment, and the notional investment interest rate (rate of return));
    3. a description of the security property including valuation details;
    4. other Loan information (including the Borrower’s credit score, the Loan purpose, the loan to value ratio and a statement of how the Loan is serviced);
    5. confirmation of whether the Loan is a Secondary Market Loan (including a link to our Secondary Market Rules (if applicable)); and
    6. any other information that we consider should be disclosed.
  2. When the Loan is not an Initial Investor Loan, the Platform will display
    1. the same information as for Loans offered by Initial Investors (above) including any updates to this information;
    2. if appropriate, the reasons for the Secondary Market listing;
    3. a comment about how the Loan has performed since it was drawn; and
    4. any new information that we have subsequently obtained and consider should be disclosed.

Subscription and sale

  1. Investment Commitments by prospective Investors in respect of Loans on the Secondary Market are made subject to the terms set out in the Investor Agreement.
  2. Loans on the Secondary Market will be matched with eligible Investor Commitments on a first come, first served basis. See the General Terms & Conditions.
  3. After the matching process in paragraph 17 is complete, the Trustee will settle the Loan in accordance with the process in the Investor Agreement.
  4. We do not guarantee that interests in Loans which are offered on the Secondary Market will be matched with any Investment Commitments, or Investment Commitments matching the entire interest in the Loan, on the Secondary Market. This will depend on there being sufficient eligible Investment Commitments which can be matched.
  5. Except as required by law, no disclosure will be made to a Borrower of any change of beneficial interest in a Loan.
  6. Following receipt of payment from the Trustee, the Trustee’s obligations to the selling Investor in respect of the Loan will be fully and completely discharged. The Trustee will thereafter hold the interest in the Loan on bare trust for the replacement Investor(s) in accordance with the Investor Agreement.

Costs

  1. Any request received by us for a Secondary Market sale by an Investor (other than an Initial Investor) will incur an administration fee, in the amount disclosed on our website, to cover our administration costs. This cost is payable by the Investor irrespective of the success or otherwise of the sale, and irrespective of whether the Loan is offered on the Secondary Market or not. This charge may be changed by us by notification on our website, from time to time.
  2. The only exception to this charge is if an Investor wishes to sell its interest in a Loan when the original Loan term has expired and the Loan has been renewed, and the Investor no longer wishes to have an interest in that Loan. In this circumstance, we may elect to waive the fee.
  3. The sale of a Loan on the Secondary Market will not incur any costs or fees for the Borrower.

Our discretion

  1. We reserve the sole right to determine if any Loan should be made available on the Secondary Market, and if we do agree to permit the offer, then we reserve the sole right to determine what information will be made available (except that nothing will be withheld that we believe is relevant to an Investor in making their investment decision).
  2. We also reserve the right, at our sole discretion and for any reason whatsoever, to remove any Loan from the Secondary Market.
  3. We may suspend or terminate the Secondary Market at any time for any reason and, except as set out in these rules, will not be required to notify Investors of its suspension or termination. Any requests to transfer interests which are listed at that time will be cancelled and the transferring Investor will be notified by us as soon as reasonably practicable after suspension or termination.
  4. At all times, we will ensure that all Secondary Market transactions are undertaken in a fair, orderly, and transparent manner.

Privacy Policy

Why do we collect personal information?

The personal information you provide (whether on our platform, in an application for a Go Lend Fund, or elsewhere) will be collected and held by Go Lend Limited and its subsidiaries, for the following purposes:

  • Providing our financial products and services to you
  • Processing and responding to your web and phone enquiries
  • Administration, marketing, operation, security, and management of the Platforms
  • Complying with laws, rules, and regulations in New Zealand, or any other country
  • Understanding our users' preferences and interests
  • Internal research, development, and platform optimization
  • Managing our relationship with you and enforcing our platform terms of use
  • Targeted advertising and informing you about new features and services
  • Evaluating and improving our client service

How do we collect personal information?

We collect most personal information directly from you. Occasionally, we may (and you authorize us to) collect information about you from others or publicly available sources.

When dealing with Go Lend by phone or live web/video chat, your conversation may be recorded for training or verification purposes.

Who do we disclose your personal information to?

Your personal information may be shared with and utilized by:

  • Go Lend Limited, its subsidiaries, or related entities (together, the Go Lend Group), including their employees, contractors, advisers, and agents.
  • Third parties in New Zealand, Australia, or elsewhere that provide services to the Go Lend Group. (For NZ investors who opt for electronic identity verification in connection with a Go Lend application, your information will be shared with external agencies using a credit file header database to verify your address, but this is not a credit check.) We take reasonable steps to ensure these third parties do not breach the Privacy Act.
  • Government agencies (including the FMA and ASIC), regulators, and legal and professional advisers (whether or not disclosure is legally required).
  • Any other person or entity where it’s relevant to the purposes above. We may also release personal information for legal compliance, to avoid prejudice to law maintenance and enforcement, to assist with court proceedings, enforce our terms of use, or protect ourselves and others.

We may also release personal information for legal compliance, to avoid prejudice to law maintenance and enforcement, to assist with court proceedings, enforce our terms of use, or protect ourselves and others.

We can also disclose personal information to third parties as instructed and/or authorised by you and in other ways permitted by the Privacy Act and Principles.

Your personal information may also be used by any Go Lend Group member to keep you informed about financial opportunities, products, and services, including by email, text message, online portal, or other electronic means. Any electronic communication offering these will include an unsubscribe option.

How do we hold personal information?

The personal information we hold is stored securely by us or our service providers, whether electronically or otherwise. We use a range of security measures to safeguard the personal information we hold.

Cookies and similar technologies

We and our third-party service providers use cookies, web beacons, and other storage technologies on our platform. Cookies are small text blocks stored on your device, allowing us and third parties to recognize your device, gather information, provide personalized features, measure services, target ads, and track platform traffic.

We may share information collected through cookies (or similar technologies) with third parties (who may also use that information for ad targeting and other purposes described above).

Opting out of cookies

You can prevent new cookies from being installed and delete existing cookies. The procedure depends on your browser. For info on removing cookies, check your internet  browser. You may be unable to make full use of our platform or its integration with Google,  Apple, and Facebook unless you accept cookies.

What do we do if there has been a breach of your personal information?

If there has been an eligible breach of your personal information, we will respond promptly through our notification processes. Eligible breaches include unauthorized access or disclosure of personal information or lost information where unauthorized access or disclosure has occurred, resulting in or likely to result in serious harm to one or more individuals, and where we cannot prevent the likely risk of serious harm with remedial actions.

If we believe there has been an eligible breach, affected individuals and the regulator will be notified to ensure your personal information is protected.

How can you access and correct your personal information?

You have rights under the relevant Privacy Act and Principles to find out what personal information we hold about you, obtain a copy, and request corrections to your supplied personal information by contacting Go Lend using the Contact Details below. Any updates to your personal information may be used to update other information held by any Go Lend Group member.

If you have concerns about how your personal information is handled or if you have any questions or concerns about our privacy policy or practices, please contact us using the Contact Details below.

What happens if personal information is not provided?

If you do not provide the personal information we request, we may not be able to respond to your enquiry or provide you with the full range of products and services we offer.

What do you need to do if you have a complaint?

If you wish to make a complaint about a breach of this Privacy Policy or the Privacy Principles, you can contact us using the contact details below. Provide us with sufficient details regarding your complaint along with any supporting evidence.

We will refer your complaint to our Head of Compliance, who will investigate and determine the steps (if any) we will take to resolve your complaint. We may contact you if we need additional information and will notify you in writing of the investigation outcome. We aim to respond to and notify you of the outcome within 30 days of receiving the complaint.

If you are not satisfied with our determination, you can discuss your concerns with us further or make a complaint to the New Zealand Privacy Office via www.privacy.org.nz.