Terms and Conditions
The Trustee for the SG Unit Trust trading as
ebankruptcy ABN 33 990 980 380
Terms and Condition
1. Parties and definitions
1.1 “This Agreement” means these terms and conditions.
1.2 “Consent to Act” means the ebankruptcy registered trustee’s consent to act as your trustee in bankruptcy.
1.3 “Disclosure” means the answers you gave to the questions on the Website questionnaire.
1.4 “Documents” means the Debtors Petition Form and Statement of Affairs Form provided to you by ebankruptcy.
1.5 “ebankruptcy”, “our”, “us” or “we” means the Trustee for the SG Unit Trust trading as ebankruptcy ABN 33 990 980 380.
1.6 “You” or “your” or “the Client” means the users of the Website.
1.7 “Website” means www.esolvency.com.au and www.ebankruptcy.net.au
2. Acceptance of Terms
2.1 This Agreement applies (to the exclusion of any others) to the engagement of ebankruptcy to review the Documents and for us as registered trustee to accept the appointment as your trustee in bankruptcy.
2.2 You are deemed to have accepted these Terms and Conditions upon the acknowledgement of acceptance on the Website.
2.3 You are also deemed to have accepted these Terms and Conditions by the uploading of the Documents via the Website.
3. Appointment as trustee
3.1 Our acceptance of the appointment as your trustee in bankruptcy is contingent upon a review of the Documents uploaded via the Website.
3.2 We reserve the right to refuse to accept the appointment as your trustee in bankruptcy where the Documents identify a materially different position to that stated in the Disclosure.
3.3 Within two (2) business days of you uploading your Documents via the Website, we will notify you of our intention to accept or reject the appointment.
3.4 Where we accept the appointment, we will proceed with the filing of the Documents with the Australian Financial Services Authority without need for further confirmation from you. Where we reject the appointment we will notify you via email.
4. Warranties and acknowledgments
4.1 You warrant that the information provided in the Disclosure is true and correct.
4.2 You acknowledge that we are under no obligation to accept the appointment as your trustee in bankruptcy until we have provided you with confirmation of our acceptance and an executed Consent to Act in that regard.
4.3 You warrant that, in uploading your Documents via the Website, you are giving a binding authority to us to put into effect the process of bankruptcy.
4.4 You acknowledge that your bankruptcy will commence upon the filing, by us, of the Documents, together with our Consent to Act, with the Australian Financial Securities Authority.
4.5 You acknowledge that, once those documents are filed, you will be bankrupt.