(a) Gym Tag means your membership card allowing you to enter the Club.
(b) Gym Tag Fee means the Gym Tag Fee specified in the Agreement.
(c) Agreement means this membership agreement made between you and Performotion Trading Pty Ltd incorporating the documents referred to in clause 2(b).
(d) Billing Account means the bank account or credit card nominated by you to have your direct debit Membership Fees deducted from.
(e) Club means the Performotion Rehab and Performance Centre as specified in your Membership Agreement.
(f) Club Access means the initial Joining Fee and Access Pass Fee specified in the Agreement.
(g) Club Rules mean the Club rules as amended from time to time, which are located at the Club.
(h) DD Membership means a weekly membership, with recurring weekly, fortnightly or monthly direct debit payments.
(i) DD Membership Fee means the weekly, fortnightly or monthly fee payable for the DD Membership inclusive of any Payment Provider fees.
(j) Dishonour Fee means a $5.00 fee.
(k) Performotion means the entity specified on your Membership Agreement and includes its heirs, estates, agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and employees.
(l) Member means the individual who has entered into this Agreement with Performotion.
(m) Membership Agreement means the form provided to you by Performotion requiring you to provide the relevant details to Performotion (e.g. name, address, payment card details) relating to your membership.
(n) Membership Fees means the fees that are due and payable by you pursuant to this Agreement.
(o) Minor means members under the age of 18.
(p) Payment Agreement means the Agreement between you and us permitting our Payment Provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the Payment Provider’s Direct Debit Service Agreement.
(q) Payment Provider means the payment provider specified from time to time by Performotion, which is currently Payrix unless Performotion otherwise specifies.
(r) Payment Provider’s Direct Debit Request Service Agreement means the Payment’s Provider’s service agreement provided to you by Performotion.
(s) Products means any products that are purchased pursuant to Performotion sale of goods terms and conditions.
(t) Staffed Hours means the hours for the Club, which are located at the entrance to the Club. Performotion reserves the right to change the Staffed Hours at any time without notice.
(u) Written Notice means notice in writing, given in person, by email or post to the parties’ last known address.
GENERAL TERMS AND CONDITIONS
These are General Terms and Conditions which, when read in conjunction with the Membership Agreement Schedule or Casual User / Guest Agreement Schedule (as applicable) and the Direct Debit Authority, constitute the Agreement between Performotion Trading Pty Ltd and the Member or Casual User / Guest named therein.
1. LIABILITY WAIVER
Performotion Trading Pty Ltd is dedicated to taking appropriate measures to protect the safety and welfare of its Members and their guests, visitors, employees, agents, contractors and the general community. Our aim is to deliver the highest level of protection against harm arising from safety, health and welfare hazards and risks as reasonably possible in the circumstances. Despite this, there are some significant and inherent risks involved in any exercise or fitness activities and You agree that You are participating voluntarily at Your own risk and thereby exposing Yourself and accepting all responsibility for and consequences associated with such risks.
With or without notice, Performotion Trading Pty Ltd may make any changes, modifications, variations or replacements to its equipment or any of its exercise regimes or programs (including group fitness classes) or the layout, fittings or fixtures of its premises. Such changes are at the sole discretion of Performotion Trading Pty Ltd, as it deems appropriate. You are not entitled to object, withhold payments of any kind or seek to claim any compensation as a result of any such changes, modifications, variations or replacements.
3. RULES FOR USE
Performotion Trading Pty Ltd may vary or make rules from time to time and all members, visitors, guests or invitees are bound to comply with the such rules as if set out herein in full. Any person not so complying will have their membership immediately suspended, cancelled or revoked (in the sole and absolute discretion of Performotion Trading Pty Ltd) and be deemed a trespasser upon the premises and able to be ejected at will by Performotion Trading Pty Ltd.
4. STATEMENT OF HEALTH
You acknowledge and warrant that You are not aware of any medical problem that would increase your risk of illness and injury as a result of participation in a regular weight and/or cardio training program or any other physical activities. You understand that You have been advised to consult a physician prior to commencement of weight and/or cardio training program or any other activities to ensure Your state of wellness to participate in such strenuous activities.
5. MINIMUM MEMBERSHIP
AGE All Members must be a minimum of fourteen (14) years of age and all minors must have a parent or legal guardian agree to the terms of this Agreement on their behalf. Children under fourteen (14) years of age are not permitted within the floor area nor any use of any equipment or participation in any exercise regime or program. Performotion Trading Pty Ltd reserves the right to refuse or deny Membership (including suspension or cancellation thereof) or deny access to or remove any person from its facilities that they are aware or may reasonably suspect may be under the age of fourteen (14) years.
6. COOLING-OFF PERIOD
All new memberships will be subject to a forty eight (48) hour cooling- off period. Any request for termination of a membership made during this period must be made in writing unless this Agreement is defined as an unsolicited consumer agreement under the Australia Consumer Law in which case, termination may be written or oral. Membership fees will be refunded for any membership which is validly terminated during the cooling-off period.
You agree to pay Membership Fees at the agreed payment frequency in accordance with this Agreement, until this Agreement is terminated in accordance with its terms. You agree this is a legally binding obligation and Membership Fees are non-refundable. You acknowledge if there are repeated failures to meet Your payment obligations under this Agreement, without prejudicing Performotion Trading Pty Ltd’ rights to recover any overdue payments, Your Membership may be suspended or terminated by Performotion Trading Pty Ltd providing reasonable written notice. You hereby irrevocably authorise Performotion Trading Pty Ltd to continue to deduct Membership Fees from Your account unless or until notice of termination is provided in accordance with this Agreement.
Casual visit fees must be paid in advance prior to gaining access to or using Performotion Trading Pty Ltd facilities.
* A dishonour fee of $5 will be added for all payments rejected after Jan 1st 2024.
8. GUESTS AND CASUAL VISITS
Guests or Casual visitors may come on a casual visit to Performotion Trading Ltd upon payment of Casual Fees, which are subject to variation. Guests must be signed in and meet with a Performotion Trading Pty Ltd staff member at the front desk before entering the premises and Guests must agree to be bound by the terms and conditions of this Agreement including, without limitation, the General Terms and Conditions and Direct Debit Authority.
A casual visitor will continue to use the facilities on the Terms and Conditions previously signed and acknowledged by them, without the need for a further copy to be executed on each subsequent visit.
9. SUSPENSION (hold) OF MEMBERSHIP BY MEMBER
You acknowledge and understand that there is a minimum period of two (2) weeks for a suspension (hold) on all memberships.
You further acknowledge and understand that a request for a deferral, freeze or suspension must be submitted to Performotion Trading Pty Ltd in writing at least seven (7) days prior to the start date of any suspension period. There are no credits or refunds offered for membership holds outside of the 7 day notice period.
Performotion Trading Pty Ltd reserves the right to grant or refuse any deferral, freeze or suspension in its sole and absolute discretion, without being under any obligation to provide any reasons for its decision. If a request for a deferral, freeze or suspension is declined by Performotion Trading Pty Ltd, membership fees will continue to be deducted in accordance with this Agreement.
All requests can be made on the Member Portal or sent to email@example.com for processing
10. MEMBERSHIP ACCESS CARDS
All members over the age of 14 years are required to have a Performotion Trading Pty Ltd Access Card. This is provided with all membership types and is an integral part of the membership. In being provided an access card you accept that:-
Access cards are not transferable and if you allow your card to be used by another person this is a serious breach of your membership Terms and Conditions and will entitle Performotion Trading Pty Ltd to terminate this agreement immediately and without notice.
If your access card is lost or stolen you must notify Performotion Trading Pty Ltd immediately, who reserves the right to charge an administration fee for the provision of a replacement access card. This fee may vary from time to time.
If you do not have your access card with you, this will more than likely mean that you will not be able to access the facilities during non-staffed hours, nor should you expect any other member to let you into the facilities.
If you fail to pay your membership fees on the due dates for payment Performotion Trading Pty Ltd will (in addition to any other rights that it may have at law), have the right to terminate this agreement by giving you written notice of its decision to terminate (acting in its sole and absolute discretion and without any obligation to provide any reasons) or at its discretion suspending your membership by deactivating your access card until all overdue membership fees have been paid.
Upon entry into this Agreement, You will be assigned an Access Card or Membership Key Tag which must be presented on request on each visit to Performotion Trading Pty Ltd facilities for security and verification purposes. A photograph may be taken of You for identity purposes. Your Access Card or Membership Key Tag is exclusively Yours and are not transferable under any circumstances. Lost or stolen Access Cards or Membership Key Tags will incur a replacement fee, at our discretion.
11. AGREEMENT CANCELLATION POLICY
You must give written notice of any desire to terminate Your Membership by email to firstname.lastname@example.org
For a no contract membership, Performotion Trading Pty Ltd requires one (1) calendar week written notice of termination (“Termination Period”) and any Membership Fees will continue to be deducted at the frequency specified above until expiry of the Termination Period. Membership Fees are non- refundable. Upon termination of Your membership by Your election, You will cease to have access to the facilities once the Termination Period expires and by this time, any overdue amounts must be paid in full, failing which, they may be recovered as a liquidated debt, at our discretion. You acknowledge that unless You provide written notice of termination in accordance with this Agreement, Membership Fees will continue to be deducted at the frequency specified above. If You terminate the Agreement or stop the automatic debit arrangement in a manner not described in the Agreement, then You may be liable for any unpaid fees, or fees incurred by Performotion Trading Pty Ltd as a result. This includes legal or other costs incurred by Performotion Trading Pty Ltd on a full indemnity basis.
For a contract with a minimum term the total minimum fees MUST be paid prior to cancellation.
Performotion Trading Pty Ltd may terminate Your Membership and/or may refuse You entry or eject You from its facilities if:
• You fail to abide by the terms of the Agreement;
• You fail to comply with any rules or directions of Performotion Trading Ltd or any staff member, employee, contractor, trainer, agent or representative;
• Performotion Trading Pty Ltd deems it appropriate in the actioning a complaint by another member, guest, visitor,
contractor, employee or agent;
• You fail to make any payments of Your Membership Fees when due and owing;
• Performotion Trading Pty Ltd reasonably suspects that You are engaging in illegal activity; and/or
• Performotion Trading Pty Ltd deems Your conduct is or is likely to be offensive, annoying, injurious to others, improper or harmful; and
• Due to illness or physical or mental incapacity, providing supporting documentation to our satisfaction is provided by you.
In the event that Performotion Trading Pty Ltd terminates Your Membership, termination will be effective on the date that Performotion Trading Pty Ltd, in its sole and absolute discretion, specifies. You are liable for all financial obligations until the effective date of that termination. Upon termination of your membership, You will cease to have access to Performotion Trading Pty Ltd facilities and any money owing to Performotion Trading Pty Ltd when your membership ends, remains immediately due and payable. Performotion Trading Pty Ltd will deduct the amount outstanding in accordance with this Agreement. If there is not enough money to cover the amount owing to Performotion Trading Pty Ltd, You must pay the balance of the amount owing as a debt. Termination or expiration of this Agreement shall be without prejudice to the rights of each party against the other in respect of anything done or omitted under this Agreement prior to such termination or expiration.
12. A NO REFUND POLICY
All payments are final. There will be no refunds.
13. CHANGE OF TERMS OR RULES
Performotion Trading Pty Ltd reserves the right to change these terms, conditions and rates (including Fees) and any rules or regulations at any time and for any rates or Fees, reasonable notice will be given by Performotion Trading Pty Ltd in its sole and absolute discretion. Performotion Trading Pty Ltd may elect to change rules or regulations with or without notice, as it sees fit.
14. ASSUMPTION OF THE RISK
You expressly agree that all activities, facilities, classes, weight training and/or cardio programs offered by Performotion Trading Pty Ltd or any of its practitioners or coaches shall be undertaken at Your sole risk. You understand and take full responsibility for any and all injuries to You or any other person and or damage(s) or loss of personal property however caused in any Performotion Trading Pty Ltd premises or whilst undertaking exercise or activities in the Performotion Trading Pty Ltd gymnasium or with any practitioners or coaches and Performotion Trading Pty Ltd and/or the trainers will not be liable in respect of same on any account whatsoever.
15. DAMAGED, LOST OR STOLEN PROPERTY
You are solely responsible for any damage that you may cause to Performotion Trading Pty Ltd, its facilities, services, products or equipment or to any third party or person and hereby indemnify Performotion Trading Pty Ltd on a full indemnity basis (including in respect of all legal or recovery costs on that basis) in relation to same. Performotion Trading Pty Ltd is not responsible for any of your personal property that is damaged, lost or stolen while in or around the premises or any other Performotion Trading Pty Ltd location and you accept all risk and responsibility in relation to such loss or damage.
16. CHILDREN SUPERVISION AT ALL TIMES
A child is any person under the age of fourteen (14) years. Performotion Trading Pty Ltd is not responsible for any children brought into the premises by You on Your Guests. You bring any children to the premises at Your, their or their parent’s sole risk and You indemnify Performotion Trading Pty Ltd absolutely from any injury, loss or damage, howsoever arising on a full indemnity basis (including in respect of all legal or recovery costs on that basis) in relation to same.
Performotion Trading Pty Ltd recommends that no children under the age of 2 years are brought onto the premises for safety reasons. If, despite this recommendation, you do so, it is Yours or the parent’s duty to provide constant monitoring and be mindful of such children. Performotion Trading Pty Ltd also reserves the right to request proof of age as a condition of Membership or of any person being permitted to enter its facilities. Performotion Trading Pty Ltd may also refuse or deny entry to any person without being required to provide any reasons, in its sole and absolute discretion.
You are aware that the facilities or activities that You may participate in can potentially be hazardous and may pose potentially serious risks of injuries or even death. You are voluntarily participating in these activities with the knowledge of the danger(s) involved and hereby agree to accept any and all risks of injury, damage or death. You indemnify and hold harmless Performotion Trading Pty Ltd and any of its trainers against:-
• Any loss, damage, injury, death, cost, expense, incident or liability suffered or incurred by any person or arising as a direct or indirect consequence of Your or any visiting Guests undertaking the activities and no matter how caused;
• Any loss, damage, injury, death, cost, expense, incident or liability suffered or incurred to any property of any person by You undertaking the activities or otherwise;
• Any incident or injury to any children of Yours or under Your supervision. If You cause damage to any of the property or equipment of Performotion Trading Pty Ltd or to that of any other person, no matter how caused, You will be liable on a full replacement/indemnity basis to that person and Performotion Trading Pty Ltd for any loss, damage, repair, replacement or compensation costs (including legal costs on an indemnity basis), howsoever arising. You acknowledge and understand that Performotion Trading Pty Ltd does not manufacture or produce any of the equipment that may be used as part of its exercise regimes or programs. You understand that Performotion Trading Pty Ltd is providing exercise and fitness services and may not be held liable on any account whatsoever for defective machines, products or equipment. You indemnify Performotion Trading Pty Ltd absolutely in this regard from any loss or damage (including legal costs on a full indemnity basis) howsoever arising. You agree to indemnify Performotion Trading Pty Ltd, on a full indemnity basis for any matter arising out of or in connection with this Agreement, including any fees, charges, costs or expenses, howsoever incurred by Performotion Trading Pty Ltd (including legal costs) as a result of Your default under this Agreement, including (but not limited to) any enforcement action taken as a result of any breach of its terms, including (but not limited to) any failure by You to pay any amounts when due and owing in accordance with its terms.
You participate at Your own risk and acknowledge that in so doing, there may be risk of injury either caused by You or another party. You and Your permitted assigns, representatives or successors, release and indemnify Performotion Trading Pty Ltd, its trainers and employees to the fullest extent permitted by law against and from all expenses, costs, liabilities, actions, claims, damages, proceedings, judgments and losses of any kind whatsoever arising out of caused by, attributable to or resulting from any accident, damage, loss, damage to property, injury or death to any person no matter how caused. Where liability to Performotion Trading Pty Ltd cannot be excluded at law, You agree that the liability of Performotion Trading Pty Ltd will be limited to refunding any membership fees paid by You and if any damages are not excluded at law, You agree that under no circumstances will any damages payable by Performotion Trading Pty Ltd including any indirect, special or consequential loss or damage.
19. ASSIGNMENT AND VARIATION
Performotion Trading Pty Ltd may assign or novate this Agreement to a third party without Your consent. Performotion Trading Pty Ltd also reserves the right to amend this Agreement or any rules or directions at any time without notice.
This Agreement constitutes the entire agreement, understanding and arrangement (express and implied) between Performotion Trading Pty Ltd and You relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral. This Agreement is governed by the laws of Queensland and the parties hereto irrevocably submit to the jurisdiction of the courts of Queensland.
21. YOUR ITEMS, LOCKERS AND STORAGE
Performotion Trading Pty Ltd may provide open lockers or storage cabinets or facilities for Members to leave certain items while using the facilities. If provided, these cabinets are not security devices and are provided at Your own risk and Performotion Trading Pty Ltd is not liable for any theft, loss or damage to Your property, however arising. You indemnify Performotion Trading Pty Ltd from any loss, damage, injury, death, cost, expense, incident or liability, however arising in connection with the same. Any items of lost clothing or accessories which are found by Performotion Trading Pty Ltd or otherwise handed into us will be held for two (2) weeks and then donated to charity or dealt with as we see fit. We do not take responsibility for loss, damage, injury, death, cost, expense, incident or liability to any of Your belongings, however incurred.
22. PRIVACY AND CONFIDENTIALITY
Your personal information will only be used by Performotion Trading Pty Ltd to provide You with the services contemplated by the Agreement.
23. PRIVACY STATEMENT
24. PLEASE KEEP CONTACT INFORMATION UP TO DATE
You must tell Performotion Trading Pty Ltd promptly if you change your address, phone number, email, bank account, credit card information for payment or if there is a change to any other personal information relevant to your membership with Performotion Trading Pty Ltd. This includes any personal or health related matters that affect the health or safety of yourself or others.
25. GUESTS AND CASUAL VISITORS
In these terms and conditions, a reference to You, Your or similar in so far as a Casual User or a Guest is concerned means the person named in the accompanying Casual User / Guest Agreement Schedule. Clauses 6, 9, 10 and 11 do not apply to a Casual User / Guest Agreement and are deleted accordingly.
26. DIRECT DEBIT AGREEMENT
Where the Member Agreement Schedule provides for payments to be made by direct debit, You acknowledge that you have read and accept the separate Direct Debit Agreement, which forms part of the Agreement.
In these Terms and Conditions, a reference to You, Your or similar includes the signatory on the Members Agreement Schedule and the person named as Member therein. In the case of a Member who is under the age of eighteen (18) years, it also includes the parents and legal guardians of that person. The parent or legal guardian who executes the Members Agreement Schedule warrants to Performotion Trading Pty Ltd that they have the requisite authority to do so on behalf of all parents or legal guardians.
All memberships are an ongoing membership agreement that will continue until either you or the Performotion Trading Pty Ltd Club terminates it in the way described in this Agreement. If you terminate the Agreement or stop the automatic debt arrangement in a manner not described in the Agreement, then you may be liable to the Performotion Trading Pty Ltd Club for damages for breach of contract, including all legal costs associated with such a breach, on a full indemnity basis.
If any provision of this Agreement offends any law applicable to it and is as a consequence, illegal, invalid, void or unenforceable, then where it can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result and in any other case, it must be severed from this Agreement in which event, the remaining provisions operate as if the severed provision has not been included.
Direct Debit Request (DDR) Service Agreement
Account means the account held at your financial institution, from which we are authorised to arrange for funds to be debited Agreement means this Direct Debit Request Service Agreement between you and Business Day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia
* Debit Day means the day that payment by you to us is due
* Debit Payment means a particular transaction where a debit is made
* Direct Debit Request or (DDR) means the Direct Debit Request between you and us (and includes any Form PD – C approved by us in the transitional period)
* Us or We means Payrix Pty Ltd, you have authorised by signing a Direct Debit Request
* You mean the customer who signed the Direct Debit Request
* Your Financial Institution is the financial institution where you hold the account that you have authorised us to debit
* Any fees or charges added by the third party will be paid for by the member
1. DEBITING YOUR ACCOUNT
1.1 By signing a DDR, you have authorised us to arrange for funds to be debited from your account. You should refer to the DDR and this agreement for the terms of the arrangement between you and us.
1.2 We will only arrange for funds to be debited from your account as authorised in the DDR OR
1.3 We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the DDR, a billing advice which specifies the amount payable by you to us and when it is due
1.4 If the debit day falls on a day that is not a business day, we may direct your financial institution to debit your account on the following business day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
1.5 By signing this document you hereby accept that Payrix or its associated entities are not liable for any prepayment made on products or services that are yet to be rendered. Any prepayments made are the responsibility of your provider and not Payrix. If the provider for any reason is unable to refund any payments you hereby notified that Payrix will not be liable for your prepaid funds.
2. CHANGES BY US
2.1 We may vary any details of this agreement or DDR at any time by giving you at least fourteen (14) days written notice.
3. CHANGES BY YOU
3.1 Subject to 3.2, 3.3, or 3.4 you may change the arrangements under a direct debit request by contacting us on 07 3040 4320
3.2 Deferment, cancellation or alteration to the debiting schedule outlined over the page will be considered subject to the terms and conditions of any contract/agreement between you and the payee named over the page.
3.3 If you wish to defer a payment you must notify us in writing at least seven (7) days before the next debit day
3.4 Any cancellations made directly with Payrix do not affect or terminate any contracts, agreements and/or payment obligations you have with the payee named over the page.
4. YOUR OBLIGATIONS
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request (DDR)
4.2 If there are insufficient clear funds in your account to meet a direct debit payment:
a. You may be charged a fee and/or interest by your financial institution
b. You may also incur fees or charges payable to Payrix; and
c. You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be available by an agreed time so that we can process the debit payment
d. You should check your account statement to verify that the amounts debited to your account are correct
e. Performotion will charge $5 dishonour fee for missed payments from January 1st 2024
5.1 If you believe there has been an error in debiting your account, you should notify us directly on 07 3040 4320. Confirm the notice in writing to us as soon as possible so that we may resolve your query quickly
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will arrange with your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding
5.4 Any queries you have about an error made in debiting your account should be directed to us in the first instance so that we may attempt to resolve the matter between you and us. If we cannot resolve the matter you may still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf
You should check
a. With your financial institution whether direct debiting is available from your nominated account as direct debiting is not available on all account types b) Your account details are correct by checking them against your bank statement; and
b. With your financial institution before completing the DDR if you have any queries on how to complete the DDR
7.1 We will keep any information (including your account details) in your DDR confidential. We will make reasonable effort to keep any such information we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information
7.2 We will only disclose information we have about you:
a. To the extent specified by law; or
b. For the purpose of this agreement (including disclosing information in connection with any query or claim)
8.1 If you wish to notify us in writing about anything relating to this agreement, you must email email@example.com
8.2 We will notify you by sending a notice to the email address you have given us in the DDR
8.3 Any notice will be deemed to have been received two (2)business days after it has been emailed
9. NOTICE OF DISCLOSURE (Privacy Act 1988)
9.1 We may give information about you to a credit reporting agency for the following purposes:
a. To obtain a consumer and commercial credit report about you, and/or
b. Allow the credit reporting agency to create or maintain a credit information file containing information about you.
9.2 This information is limited to:
a. Identity particulars – your name, sex, address (and the previous two addresses), date of birth, name of employer, and drivers licence number
b. Your application for credit or commercial credit – the fact that you have applied for credit and the amount.
c. The fact that we are a current credit provider to you.
d. Repayments which are overdue by more than 60 days, and for which debt collection action has started
e. Advice that your repayments are no longer overdue in respect of any default that has been listed
f. Information that, in the opinion of us, you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations)