Australian Credit Licence Macquarie Bank Flyer Home Loan Terms and Conditions

Transcription

1 Australian Credit Licence Macquarie Bank Flyer Home Loan Terms and Conditions

2 Contents 1. How these Terms and Conditions apply 3 2. Eligibility 3 3. Acceptance of these terms 3 4. Qantas Points 3 5. Qantas Frequent Flyer program membership 3 6. Your Qantas Frequent Flyer membership 4 7. Redeeming Qantas Points 4 8. Viewing your Qantas Points balance 4 9. Crediting Qantas Points to your Qantas Frequent Flyer account Privacy Your responsibility to pay any costs Changes to the Macquarie Bank Flyer Home Loan product suite Macquarie Bank Flyer Home Loan cancellation Additional Macquarie Bank rights Disclaimer Interpretation 6

3 Macquarie Bank Flyer Home Loan Terms and Conditions 1. How these Terms and Conditions apply (a) These Terms and Conditions relate to the operation of the Macquarie Bank Flyer Home Loan only. These Terms and Conditions apply in addition to the terms and conditions contained in your loan contract (including the General Conditions Applying To Your Loan Contract), any terms and conditions relating to a security, and any Package Terms and Conditions and Macquarie Bank Credit Cards Conditions of Use that may apply to your loan. (b) To the extent that there are any inconsistencies between this Macquarie Bank Flyer Home Loan Terms and Conditions and the General Conditions Applying To Your Loan Contract, the terms of your loan contract will prevail to the extent of the inconsistency. 2. Eligibility (a) In order for Qantas Points earned through the Macquarie Bank Flyer Home Loan to be credited to your Qantas Frequent Flyer account and redeemed through the Qantas Frequent Flyer program, you; i. must apply for and settle on an eligible Macquarie Bank Flyer Home Loan; and ii. must be a member of the Qantas Frequent Flyer program. A joining fee applies. (b) The usual credit and eligibility criteria apply to your loan. These criteria are determined and may be amended at the discretion of Macquarie Bank. (c) The Macquarie Bank Flyer Home Loan is only available to Australian permanent residents. (d) The Macquarie Bank Flyer Home Loan is only available to borrowers who are: i. individuals, or ii. individuals who are directors of the company or beneficiary of the trust where the borrowers and mortgagors are companies or trusts. (e) If there is more than one borrower on the loan account to which the Macquarie Bank Flyer Home Loan applies, Qantas Points will only be made available to one of the borrowers Qantas Frequent Flyer accounts. You must advise Macquarie Bank of which Qantas Frequent Flyer account the Qantas Points will be credited to. (f) The Macquarie Bank Flyer Home Loan is not available on loans to Self Managed Superannuation Funds or during the construction period of a loan. 3. Acceptance of these terms You will be deemed to have accepted these Terms and Conditions once you have signed your loan contact. 4. Qantas Points (a) Macquarie Bank does not manufacture or supply the Qantas Points and makes no commitments regarding the supply of these. However, we will use due care and skill to manage the relationship with Qantas and use our reasonable endeavours to procure the crediting of Qantas Points to you in accordance with these Terms and Conditions. (b) Once we have received a valid Qantas Frequent Flyer membership number for the nominated borrower and the name as it appears in the nominated borrower s Qantas Frequent Flyer account, you will earn: i. 10,000 Qantas Points per $100,000 drawn down at settlement of your loan (1 Qantas Point per $10, drawn down at settlement of your loan). ii. 1,000 Qantas Points each month you have an outstanding loan balance of at least $150,000 on the last business day of the month, credited monthly in arrears. iii. 25,000 Qantas Points on the third year anniversary of the settlement of your loan account, and while your loan account has a balance of at least $150,000 on the last business day of the anniversary month. iv. 25,000 Qantas Points on the fifth year anniversary of the settlement of your loan account, and while your loan account has a balance of at least $150,000 on the last business day of the anniversary month. (c) You may also receive bonus Qantas Points in connection with Special Promotions offered by Macquarie Bank from time to time. (d) You will not receive any Qantas Points while you have defaulted on a loan repayment on your loan account and this amount remains outstanding for 60 days or more. (e) Once the Qantas Points are credited to the nominated borrower s Qantas Frequent Flyer account, the Qantas Frequent Flyer program terms and conditions (available at qantas.com/terms) will govern when those Qantas Points will expire. (f) Disputes regarding missing Qantas Points will not be accepted more than three (3) months after the date of the relevant transaction. 5. Qantas Frequent Flyer program membership (a) Membership of the Qantas Frequent Flyer program and the earning and redemption of Qantas Points is subject to the terms and conditions of the Qantas Frequent Flyer program available at qantas.com/terms. (b) Membership of the Qantas Frequent Flyer program is available only to individuals. (c) Any Qantas Points credited to the nominated borrower s Qantas Frequent Flyer account are governed by and are subject to the terms and conditions of the Qantas Frequent Flyer program. (d) Macquarie Bank is not responsible for the Qantas Frequent Flyer program in any way. If Qantas makes changes to the Qantas Frequent Flyer program we will not be responsible for the impact it may have on you. For details, visit qantas.com/frequentflyer. A current copy of the Qantas Frequent Flyer program terms and conditions is available at qantas.com/terms

4 Macquarie Bank Flyer Home Loan Terms and Conditions 6. Your Qantas Frequent Flyer membership (a) Before any Qantas Points can be credited to the nominated borrower s Qantas Frequent Flyer account, you must supply us with the nominated borrower s valid Qantas Frequent Flyer membership number and the name as it appears in the nominated borrower s Qantas Frequent Flyer account. We will request the nominated borrower s Qantas Frequent Flyer membership number and the name as it appears in the nominated borrower s Qantas Frequent Flyer account at the time you elect to take up the Macquarie Bank Flyer Home Loan. (b) If you do not supply us with a valid Qantas Frequent Flyer membership number for the nominated borrower and the name as it appears in the nominated borrower s Qantas Frequent Flyer account, we will record your accumulation of Qantas Points for a period of 12 months from the date you elect to take up the Macquarie Bank Flyer Home Loan. Your Qantas Points balance will be available upon request from us. However they will not be able to be transferred to the nominated borrower s Qantas Frequent Flyer account until you have supplied a valid Qantas Frequent Flyer membership number for the nominated borrower and the name as it appears in the nominated borrower s Qantas Frequent Flyer account to us. (c) It is your obligation to ensure that we have the correct Qantas Frequent Flyer membership number for the nominated borrower and the name as it appears in the nominated borrower s Qantas Frequent Flyer account on file for you. Please contact us if your personal information changes, if we do not have the correct Qantas Frequent Flyer membership number or if your Qantas Points are not being credited to the nominated borrower s Qantas Frequent Flyer account. (d) If the nominated borrower ceases to be a Qantas Frequent Flyer member, it is your responsibility to contact us and advise us of this. As we notify Qantas of any accumulated Qantas Points at the end of each Statement Period, any Qantas Points accumulated under the Macquarie Bank Flyer Home Loan at the time the nominated borrower ceases to be a Qantas Frequent Flyer member will be forfeited. On termination or cancellation of the nominated borrower s Qantas Frequent Flyer account, your Qantas Points will be dealt with in accordance with the Qantas Frequent Flyer program terms and conditions. 7. Redeeming Qantas Points Qantas Points can only be redeemed once they have been credited to the nominated borrower s Qantas Frequent Flyer account. Qantas Points can only be redeemed through the Qantas Frequent Flyer program and only in accordance with the Qantas Frequent Flyer program terms and conditions. For more information on the redemption options for your Qantas Points, visit qantas.com/usingpoints. 8. Viewing your Qantas Points balance To view the total number of Qantas Points you have earned through the Macquarie Bank Flyer Home Loan, you will need to log in to the nominated borrower s Qantas Frequent Flyer account at qantas.com/login. We may adjust your number of Qantas Points (backdating the adjustment if necessary) either earned with us during the current Statement Period, or request Qantas to adjust the number of Qantas Points from the nominated borrower s Qantas Frequent Flyer account if Qantas Points have been incorrectly credited or debited for any reason. 9. Crediting Qantas Points to your Qantas Frequent Flyer account (a) If we have received the nominated borrower s valid Qantas Frequent Flyer membership number and the name as it appears in the nominated borrower s Qantas Frequent Flyer account, the Qantas Points accrued during a Statement Period will be notified to Qantas who will add these to the nominated borrower s Qantas Frequent Flyer account, usually within five business days of the end of that Statement Period. (b) If the Qantas Frequent Flyer membership number or the name associated with the nominated borrower s Qantas Frequent Flyer account that you have provided us is different from the details of the nominated borrower s Qantas Frequent Flyer account, when we attempt to allocate your accrued Qantas Points to the nominated borrower s Qantas Frequent Flyer account, Qantas will notify us that they do not hold a Qantas Frequent Flyer account matching your details. The Qantas Points will be credited back to your loan account. Your Qantas Points balance will be available upon request from us. However they will not be able to be transferred to the nominated borrower s Qantas Frequent Flyer account until you have supplied a valid Qantas Frequent Flyer membership number for the nominated borrower and the name as it appears in the nominated borrower s Qantas Frequent Flyer account to us. You will need to contact either Qantas or us to provide or correct the Qantas Frequent Flyer membership number or the membership name to enable Qantas to add accrued Qantas Points to the nominated borrower s Qantas Frequent Flyer account. (c) Qantas Points themselves do not have monetary value. To understand how Qantas Points are transferred, forfeited and redeemed, please see the Qantas Frequent Flyer program terms and conditions, available at qantas com/terms.

5 10. Privacy By taking up the Macquarie Bank Flyer Home Loan, you acknowledge and authorise: (a) that Macquarie Bank may provide your personal information to Qantas Airways Limited (and any related body corporate of Qantas) and any company, organisation or person which operates, or supplies goods or services to, the Qantas Frequent Flyer program for the purposes of marketing, planning, product development and administration of or under the Qantas Frequent Flyer program and for Macquarie Bank to seek from and exchange with such organisations personal information about you; (b) Qantas or Macquarie Bank to contact you if required to obtain your Qantas Frequent Flyer membership number or the name as it appears in the nominated borrower s Qantas Frequent Flyer account or to discuss your membership status. 11. Your responsibility to pay any costs You are responsible to pay for any tax liability (including any GST that may be payable), stamp duty or other duty or government charges in connection with the receipt of Qantas Points. 12. Changes to the Macquarie Bank Flyer Home Loan product suite (a) Acting reasonably, Macquarie Bank may, at any time, and without notice, vary the Macquarie Bank Flyer Home Loan and/or these Terms and Conditions. (b) We may make changes to these Terms and Conditions, Qantas Points (as they apply to the Macquarie Bank Flyer Home Loan) and any applicable fees, including changes to alter the earn rate of Qantas Points in relation to the Macquarie Bank Flyer Home Loan. (c) If we make changes to these Terms and Conditions we will use our best efforts to give you at least 30 days written notice. If you are not satisfied with any change or variation to the Macquarie Flyer Bank Home Loan or for any other reason want to withdraw from the Macquarie Bank Flyer Home Loan, you may terminate your Macquarie Bank Flyer Home Loan immediately by giving us notice to that effect in writing, or by contacting our call centre on Fees and charges may be payable in accordance with the terms and conditions of your loan contract. If it is not reasonably possible to provide you with the notice period of any changes above (for example if regulatory requirements require us to make changes immediately), we will provide you as much notice as we reasonably can. 13. Macquarie Bank Flyer Home Loan cancellation (a) If: i. you discharge your loan ii. you are in default under your loan contract or under a Security iii. you cease to be a Qantas Frequent Flyer member iv. you fail to pay any fee under these Terms and Conditions; or v. Macquarie Bank decides for any reason that it wants to, Macquarie Bank may, in its absolute discretion cancel or suspend your Macquarie Bank Flyer Home Loan immediately by giving you written notice. (b) If we terminate or suspend the ability to earn Qantas Points, you will continue to earn Qantas Points in accordance with the Macquarie Bank Flyer Home Loan Terms and Conditions during any notice period in accordance with these Terms and Conditions. Upon the expiry of any notice period, you will no longer earn Qantas Points and your loan account will no longer be linked to the nominated borrower s Qantas Frequent Flyer account. You will still be able to redeem any Qantas Points you have previously earned in accordance with the Qantas Frequent Flyer program terms and conditions. (c) If Qantas ceases to operate the Qantas Frequent Flyer program and/or has gone into liquidation or other forms of administration, the balance of any Qantas Points that you have earned in connection with the Macquarie Bank Flyer Home Loan, but which have not been credited to your Qantas Frequent Flyer account, will be forfeited. Qantas Points already credited to the nominated borrower s Qantas Frequent Flyer account will be dealt with in accordance with the Qantas Frequent Flyer program terms and conditions and otherwise as specified by Qantas. Qantas Points accrued within the Macquarie Bank Flyer Home Loan have no monetary value. (d) You may cancel your Macquarie Bank Flyer Home Loan at any time by: calling Macquarie Bank on , or writing to Macquarie Client Services at GPO Box 3615, Sydney, NSW 2001, or fax: or mortgages@macquarie.com (e) If you cancel your Macquarie Bank Flyer Home Loan and have not paid any applicable fees, Macquarie Bank can recover the amount of those outstanding fees from you.

6 Macquarie Bank Flyer Home Loan Terms and Conditions 14. Additional Macquarie Bank rights (a) Macquarie Bank may, in its absolute discretion, pursue any action or right it has under the terms and conditions of your loan contract. (b) Macquarie Bank reserves the right to request Qantas to reverse any crediting of Qantas Points to your Qantas Frequent Flyer account. 15. Disclaimer To the full extent permitted by law, Macquarie Bank is not liable for any loss you suffer (including any losses, costs or expenses) in connection with: (a) the operation of the Qantas Frequent Flyer program (b) your redemption of Qantas Points for flights or other goods and services offered by Qantas (c) any complaint or dispute you may have with Qantas (d) any unredeemed Qantas Points in the event that Qantas ceases to carry on business or conduct the Qantas Frequent Flyer program as these events are outside of our reasonable control. 16. Interpretation (a) Any words in italics in these Terms and Conditions have the same meaning as in General Conditions Applying To Your Loan Contract. Additional defined terms are as follows: Macquarie Bank Flyer Home Loan means any or all of the: Macquarie Bank Basic Flyer Home Loan; the Macquarie Bank Line of Credit Flyer Home Loan; and the Macquarie Bank Offset Flyer Home Loan each of which earn Qantas Points as set out in these Terms and Conditions and as set out in promotional material, as amended from time to time. Qantas means Qantas Airways Limited (ABN ). Qantas Frequent Flyer account means your Qantas Frequent Flyer program membership account established and administered by Qantas under the Qantas Frequent Flyer program which you have elected to link to your card. Qantas Frequent Flyer membership number means the membership number to your Qantas Frequent Flyer account administered by Qantas under the Qantas Frequent Flyer program. Qantas Points means points awarded to members in the Qantas Frequent Flyer program pursuant to the Qantas Frequent Flyer terms and conditions available at qantas.com/terms. Qantas Points may also be referred to as Qantas Frequent Flyer points. Qantas Frequent Flyer program means the program established and operated by Qantas (or a related body corporate of Qantas) and governed by the terms and conditions of the program issued by Qantas from time to time. Statement Period means the period of time between loan account statements provided to you by Macquarie Bank or the Lender, as set out under the terms and conditions of your loan contract. We, our or us means Macquarie Bank Limited (ABN , Australian Credit Licence ) and its successors and assigns. (b) In these Terms and Conditions the following rules of interpretation will apply: i. the singular includes the plural and vice versa ii. a reference to anything includes the whole and each part of it iii. a reference to a document includes any variation or replacement of it. Our failure to enforce a term of these Terms and Conditions does not mean we waive that term. If any term in these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts which are self sustaining and capable of separate enforcement without regard to the invalid or unenforceable term or part will be, and continue to be, valid and enforceable in accordance with their terms.

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8 For more information, please contact us on: Phone Fax Visit macquarie.com.au/mortgages Except for Macquarie Bank Limited (MBL) (Australian Credit Licence ) ABN , any Macquarie entity referred to in this document is not an authorised deposit taking institution for the purposes of the Banking Act 1959 (Cth). That entity s obligations do not represent deposits or other liabilities of MBL. MBL does not guarantee or otherwise provide assurance in respect of the obligations of that entity, unless noted otherwise. This disclaimer applies to this entire document in whole or in part. BFS /13