General Terms & Conditions

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.

3. Applicants may submit one or more Loan Proposals, subject to the terms and conditions set out in the Borrower Terms and other Platform Documents.
4. 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.
5. 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.
6. 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.
7. 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.
8. You may withdraw a Loan Proposal at any time by notifying us in writing before the Loan Documents are signed by you.
9. In the event there is more than one Borrower for a Loan, each Borrower must be approved by us.

10. 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.
11. 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.
12. 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.
13. Once registered, you may apply to deregister as a Borrower or Investor at any time by notifying us in writing.
14. 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.

15. Loan Proposals accepted by us for the Platform will be funded in accordance with these General Terms & Conditions, Borrower Terms, and other Platform Documents.
16. 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).
17. 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.
18. 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.
19. 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.
20. 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.
21. 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).
22. 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
23. 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.
24. 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.
25. We will operate the Platform in compliance with our Fair Dealing Policy.

26. 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.
27. 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.
28. 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.
29. 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).
30. 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.
31. We have a system in place to keep track of Loan repayments and any arrears. This includes daily monitoring of Loan arrears.
32. 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.

33. 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.
34. 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.
35. 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.

36. 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.
37. 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).

38. 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.

39. 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.
40. 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.

41. 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.
42. 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.
43. 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.

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44. 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.
45. 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.

46. 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.

47. To the maximum extent permitted by law, your access and use of the Platform is your sole responsibility.
48. 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.
49. You agree and acknowledge that neither we nor the Trustee underwrite or guarantee payment of any amount under or in connection with the Loans.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. 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.

57. 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.

58. 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.
59. 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.
60. 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.
61. 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.
62. Any notice or communication provided by you must be provided by email to us at accounts@golend.co.nz.
63. 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.
64. 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.
65. 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.
66. 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.
67. 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.
68. 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.

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