Common use of Electronic messages Clause in Contracts

Electronic messages. For the purposes of each Relevant Document, the conditions relating to sending and receiving information in electronic form are those in the Contract and Commercial Law Act 2017 (and any other applicable law from time to time). Where you or a Guarantor has given us an electronic message address, that person consents (unless otherwise requested in writing) to receiving information (including, but not limited to, information required by law) in electronic form, by means of an electronic communication, and signed by means of an electronic signature. This may include receiving electronic messages allowing access to statements from a website or by means of the internet. 13.5 We can rely on communications If we receive any communication that we reasonably believe to be from you or the Guarantor (or that we reasonably believe to be from someone authorised by you or the Guarantor), we may rely on that communication without any further enquiry or verification. Despite this, we may (at our discretion) decline to act, or delay acting, on any instructions received where we consider that we have good reason to do so. Without limitation, we may decline to act if there is a dispute between, or we receive contradictory communications from, you and/or the Guarantor. Clause 14: Privacy and information sharing 14.1 Our Privacy Statement By entering into this Agreement, you and the Guarantor (if an individual) consents to the collection, use, disclosure, storage and processing of information about you and the Guarantor (if an individual) in accordance with the Privacy Act 1993 and our privacy statement (which is available on our website). We can change our privacy statement from time to time in accordance with its terms. 14.2 Your rights to your information You and the Guarantor (if an individual) have the right to access and request correction of information we hold about you or the Guarantor (as applicable), and full details of every organisation to whom we have disclosed information about you or the Guarantor (as applicable). 14.3 What we can do with your and the Guarantor’s information Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), information that we collect, or that is provided to us, about you and the Guarantor may be used by us for the following purposes: (a) consider any application for an account or service (and any future application involving you); (b) carry out our business functions and activities; (c) collect amounts owed to us, including taking enforcement action; (d) exercise our rights and fulfil our obligations under any agreement; (e) exercise our rights and fulfil our obligations for the purposes of Regulatory Compliance; (f) generally administer and monitor services provided to you (or any related entity); and (g) provide information about our other services, or the services of selected third parties in which we think you may have an interest, including by post, telephone and electronic message – you or the Guarantor can opt out of receiving information about our other services and/or the services of selected third parties by telling us in writing. If the information we request from or about you or the Guarantor is not provided, we may not be able to provide the requested services. 14.4 Who we can share your and the Guarantor’s information with Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), you and the Guarantor agree that we can share any information we get with: (a) our related companies; (b) existing and potential business partners; (c) identity verification agencies; (d) credit reporting agencies – credit reporting agencies may retain information (including default information) and use it to provide their credit reporting services; (e) the New Zealand Transport Agency’s ‘Driver Check’ service; (f) insurers; (g) any person providing us with guarantees or security for the Loan; (h) anyone to whom we consider assigning or transferring any of our rights or obligations; (i) anyone that we engage with about selling all or part of our business; (j) anyone providing any credit or funding support to all or any part of our business; (k) government agencies and regulators, or anyone else with whom we are required to share that information for the purposes of Regulatory Compliance; and (l) service providers – this may include information being held on our behalf by data storage providers, including cloud-based data storage providers in New Zealand or overseas. Clause 15: Online services/internet banking By using any online services provided by us from time to time, you and the Guarantor consent to our online services/internet banking terms of use (which are available on our website). We can change those terms of use from time to time in accordance with their terms. Clause 16: Dictionary Some of the terms used in this Agreement are defined in the Commercial Terms. Otherwise: accrued (interest) interest which is calculated and grows on the principal amount of the Loan Agreement these General Terms and the Commercial Terms (including the Fee Schedule) Annual Interest Rate the rate stated in the Annual Interest Rate section in the Commercial Terms (or the updated Annual Interest Rate if we have updated it in accordance with clause 12.2(b)(iii)) assign to pass rights to another person (but not obligations) bankrupt includes the bankruptcy of, and entry into any non-asset procedure (which is an alternative to bankruptcy) by an individual Borrower or Guarantor and the dissolution, liquidation, receivership, administration and winding-up of any other Borrower or Guarantor Borrower the person or persons named as a Primary or Joint Holder on the front page of the Commercial Terms business day a day (other than a Saturday, Sunday or public holiday observed in New Zealand) on which registered banks are opened for general banking business in New Zealand Commercial Terms the terms set out under the heading 'Commercial Terms' at the beginning of this Agreement cost includes all commissions, charges, losses, expenses (including legal fees on a solicitor and own client basis) and taxes that we incur debt includes any obligation you have to us now or in the future in any capacity relating to the payment of money Default Interest Rate is defined in clause 5.1 dispose includes any assignment, transfer, lending arrangement, variation of terms, lease, sublease and sale and anything that has the same effect as any of those things due owed to us on a specific date Event of Default any event listed in clause 6.1 financing change statement has the meaning given in the PPSA financing statement has the meaning given in the PPSA

Electronic messages. For the purposes of each Relevant Documentthis Agreement, the conditions relating to sending and receiving information in electronic form are those in the Contract and Commercial Law Electronic Transactions Act 2017 2002 (and any other applicable law from time to time). Where you or a the Guarantor has given us an electronic message address, that person consents we may (unless otherwise requested in writing): (a) use that address to receiving information communicate with you or the Guarantor (including, but not limited to, information required by lawas applicable); and (b) in electronic form, by means of an electronic communication, and signed by means of an electronic signature. This may include receiving send you electronic messages allowing access to statements from a website or by means of the internet. 13.5 We can rely on communications If we receive any communication that we reasonably believe to be from you or the Guarantor (or that we reasonably believe to be from someone authorised by you or the Guarantor), we may rely on that communication without any further enquiry or verification. Despite this, we may (at our discretion) decline to act, or delay acting, on any instructions received where we consider that we have good reason to do so. Without limitation, we may decline to act if there is a dispute between, or we receive contradictory communications from, you and/or the Guarantor. Clause 14: Privacy and information sharing 14.1 Our Privacy Statement By entering into this Agreement, you and the Guarantor (if an individual) consents to the collection, use, disclosure, storage and processing of information about you and the Guarantor (if an individual) in accordance with the Privacy Act 1993 and our privacy statement (which is available on our website). We can change our privacy statement from time to time in accordance with its terms. 14.2 Your rights to your information You and the Guarantor (if an individual) have the right to access and request correction of information we hold about you or the Guarantor (as applicable), and full details of every organisation to whom we have disclosed information about you or the Guarantor (as applicable). 14.3 What we can do with your and the Guarantor’s information Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), information that we collect, or that is provided to us, about you and the Guarantor may be used by us for the following purposes: (a) consider any application for an account or service (and any future application involving you); (b) carry out our business functions and activities; (c) collect amounts owed to us, including taking enforcement action; (d) exercise our rights and fulfil our obligations under any agreement; (e) exercise our rights and fulfil our obligations for the purposes of Regulatory Compliance; (f) generally administer and monitor services provided to you (or any related entity); and (g) provide information about our other services, or the services of selected third parties in which we think you may have an interest, including by post, telephone and electronic message – you or the Guarantor can opt out of receiving information about our other services and/or the services of selected third parties by telling us in writing. If the information we request from or about you or the Guarantor is not provided, we may not be able to provide the requested services. 14.4 Who we can share your and the Guarantor’s information with Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), you and the Guarantor agree that we can share any information we get with: (a) our related companies; (b) existing and potential business partners; (c) identity verification agencies; (d) credit reporting agencies – credit reporting agencies may retain information (including default information) and use it to provide their credit reporting services; (e) the New Zealand Transport Agency’s ‘Driver Check’ service; (f) insurers; (g) any person providing us with guarantees or security for the Loan; (h) anyone to whom we consider assigning or transferring any of our rights or obligations; (i) anyone that we engage with about selling all or part of our business; (j) anyone providing any credit or funding support to all or any part of our business; (k) government agencies and regulators, or anyone else with whom we are required to share that information for the purposes of Regulatory Compliance; and (l) service providers – this may include information being held on our behalf by data storage providers, including cloud-based data storage providers in New Zealand or overseas. Clause 15: Online services/internet banking By using any online services provided by us from time to time, you and the Guarantor consent to our online services/internet banking terms of use (which are available on our website). We can change those terms of use from time to time in accordance with their terms. Clause 16: Dictionary Some of the terms used in this Agreement are defined in the Commercial Terms. Otherwise: accrued (interest) interest which is calculated and grows on the principal amount of the Loan Agreement these General Terms and the Commercial Terms (including the Fee Schedule) Annual Interest Rate the rate stated in the Annual Interest Rate section in on page 1 of the Commercial Terms (or the updated Annual Interest Rate if we have updated it in accordance with clause 12.2(b)(iii)) assign to pass rights to another person (but not obligations) bankrupt includes the bankruptcy of, and entry into any non-asset procedure (which is an alternative to bankruptcy) by an individual Borrower or Guarantor and the dissolution, liquidation, receivership, administration and winding-up of any other Borrower or Guarantor Borrower the person or persons named as a Primary or Joint Holder on the front page of the Commercial Terms business day a day (other than a Saturday, Sunday or public holiday observed in New Zealand) on which registered banks are opened for general banking business in New Zealand Commercial Terms the terms set out under the heading 'Commercial Terms' Terms at the beginning of this Agreement cost includes all commissions, charges, losses, expenses (including legal fees on a solicitor and own client basis) and taxes that we incur debt includes any obligation you have to us now or in the future in any capacity relating to the payment of money Default Interest Rate is defined in clause 5.1 dispose includes any assignment, transfer, lending arrangement, variation of terms, lease, sublease and sale and anything that has the same effect as any of those things due owed to us on a specific date Event of Default any event listed in clause 6.1 financing change statement has the meaning given in the PPSA financing statement has the meaning given in the PPSA

Electronic messages. For the purposes of each Relevant Document, the conditions relating to sending and receiving information in electronic form are those in the Contract and Commercial Law Act 2017 (and any other applicable law from time to time). Where you or a Guarantor has given us an electronic message address, that person consents (unless otherwise requested in writing) to receiving information (including, but not limited to, information required by law) in electronic form, by means of an electronic communication, and signed by means of an electronic signature. This may include receiving electronic messages allowing access to statements from a website or by means of the internet. 13.5 We can rely on communications If we receive any communication that we reasonably believe to be from you or the Guarantor (or that we reasonably believe to be from someone authorised by you or the Guarantor), we may rely on that communication without any further enquiry or verification. Despite this, we may (at our discretion) decline to act, or delay acting, on any instructions received where we consider that we have good reason to do so. Without limitation, we may decline to act if there is a dispute between, or we receive contradictory communications from, you and/or the Guarantor. Clause 14: Privacy and information sharing 14.1 Our Privacy Statement By entering into this Agreement, you and the Guarantor (if an individual) consents to the collection, use, disclosure, storage and processing of information about you and the Guarantor (if an individual) in accordance with the Privacy Act 1993 2020 and our privacy statement (which is available on our website). We can change our privacy statement from time to time in accordance with its terms. Clauses 14.2 to 14.6 summarise some important information from the Privacy Statement as at the date of this Agreement. 14.2 What information we collect about you We collect various types of personal information about you and the Guarantor (if an individual), which may include that Relevant Party’s name, age, gender, address, contact details (including phone numbers and email addresses), image, biometric data and financial information, including payment information. If the information we request from or about a Relevant Party is not provided, we may not be able to provide the requested services. 14.3 How we collect information about you We collect information about you when you interact with us, including when you: (a) apply for a loan (or commence the process for applying for a loan), including when you provide personal information when completing this Agreement; (b) visit our website; (c) contact us with queries or feedback; and (d) subscribe to receive marketing communications from us. You also authorise us to collect information about you from third parties including credit reporting agencies, your present or former creditors and insurance companies, identification service providers, your referees, government agencies, and your past and present employers and business partners. We may do this to confirm your identity, verify your current credit obligations, help us assess your ability to meet repayment obligations and make credit decisions, and to provide you with quotations for the cost of credit. 14.4 Your rights to request access to and correction of your information You and the Guarantor (if an individual) have the right to access and request correction of information we hold about you or the Guarantor (as applicable), and full . You can do so by contacting us using the details of every organisation to whom we have disclosed information about you or provided in the Guarantor (as applicable)Commercial Terms. 14.3 14.5 What we can do with your and the Guarantor’s information Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), information that we collect, or that is provided to us, about you and the Guarantor may be used by us for the following purposes: (a) consider any application for an account or service (and any future application involving you), including to establish and verify your identity and to assess your creditworthiness and financial position from time to time; (b) carry out our business functions and activities; (c) collect amounts owed to us, including taking enforcement actionaction and to notify credit reporting agencies of your repayment history and account details; (d) exercise our rights and fulfil our obligations under any agreement; (e) exercise our rights and fulfil our obligations for the purposes of Regulatory Compliance; (f) generally administer and monitor services provided to you (or any related entity); and (g) provide information about our other services, or the services of selected third parties in which we think you may have an interest, including by post, telephone and electronic message – you or the Guarantor can opt out of receiving information about our other services and/or the services of selected third parties by telling us in writing. If the information we request from or about you or the Guarantor is not provided, we may not be able to provide the requested services. 14.4 14.6 Who we can share your and the Guarantor’s information with Subject to any update to our privacy statement in accordance with clause 14.1 (which applies to you and the Guarantor (if an individual)), you and the Guarantor agree that we can share any information we get with: (a) our related companies; (b) existing and potential business partners; (c) identity verification agencies; (d) credit reporting agencies – credit reporting agencies may retain information (including default information) and use it to provide their credit reporting services; (e) third parties for the purposes of fraud prevention, identity verification, and any other purposes relevant to those purposes – those third parties may retain information and use it for identity verification and fraud detection purposes; (f) the New Zealand Transport Agency’s ‘Driver Check’ service; (fg) insurers; (gh) any person providing us with guarantees or security for the Loan; (hi) anyone to whom we consider assigning or transferring any of our rights or obligations; (ij) anyone that we engage with about selling all or part of our business; (jk) anyone providing any credit or funding support to all or any part of our businessbusiness and anyone else involved in the funding process; (kl) government agencies and regulators, or anyone else with whom we are required to share that information for the purposes of Regulatory Compliance; and (lm) service providers – this may include information being held on our behalf by data storage providers, including cloud-based data storage providers in New Zealand or overseas; (n) referees; and (o) debt recovery agencies. Clause 15: Online services/internet banking By using any online services provided by us from time to time, you and the Guarantor consent to our online services/internet banking terms of use (which are available on our website). We can change those terms of use from time to time in accordance with their terms. Clause 16: Dictionary Some of the terms used in this Agreement are defined in the Commercial Terms. Otherwise: accrued (interest) interest which is calculated and grows on the principal amount of the Loan Agreement these General Terms and the Commercial Terms (including the Fee ScheduleFEE SCHEDULE) Annual Interest Rate the rate stated in the Annual Interest Rate section in the Commercial Terms (or the updated Annual Interest Rate if we have updated it in accordance with clause 12.2(b)(iii12.2(b)(iv)) Annual Review an annual review of the Loan as described in the Annual Review section of the Commercial Terms assign to pass rights to another person (but not obligations) bankrupt includes the bankruptcy of, and entry into any non-asset procedure (which is an alternative to bankruptcy) by an individual Borrower or Guarantor and the dissolution, liquidation, receivership, administration and winding-up of any other Borrower or Guarantor Borrower the person or persons named as a Primary or Joint Holder on the front page of the Commercial Terms business day a day (other than a Saturday, Sunday or public holiday observed in New Zealand) on which registered banks are opened for general banking business in New Zealand Commercial Terms the terms set out under the heading '‘Commercial Terms' ’ at the beginning of this Agreement cost includes all commissions, charges, losses, expenses (including legal fees on a solicitor and own client basis) and taxes that we incur debt includes any obligation you have to us now or in the future in any capacity relating to the payment of money Default Interest Rate is defined in clause 5.1 Deferred Payment Period the deferred payment period (if any) specified in the Commercial Terms starting on the Effective Date (or such other date as we may agree) dispose includes any assignment, transfer, lending arrangement, variation of terms, lease, sublease and sale and anything that has the same effect as any of those things due owed to us on a specific date Event of Default any event listed in clause 6.1 financing change statement has the meaning given in the PPSA financing statement has the meaning given in the PPSA