Terms of Use
Background
1.1 Finect is a commercial finance brokerage that acts as an intermediary, assisting Australian small and medium business enterprises to source and apply for non-regulated credit in relation to business-purpose lending only (Services).
1.2 By accessing, using or browsing this website or by submitting your contact details and business information through the website and accessing Finect’s online platform made available to you to receive communications and status updates (Platform) collectively being the Digital Channels, you expressly accept and agree to be bound by these Terms of Use (Terms) whenever you access or use the Digital Channels
1.3 Finect Pty Ltd ABN 94 691 074 816 (we, us, our or Finect) may amend these Terms from time to time. Your use of the Digital Channels after we make amendments to these Terms will oblige you to comply with these Terms as amended.
1.4 These Terms govern your use of the website and Platform and are in addition to any other agreement you enter with Finect for the provision of its Services.
2. Access and Use of Digital Channels
You must only use the Digital Channels in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Digital Channels comply with the Terms and any applicable laws.
3. Use of the Finect Platform
3.1 Account
3.1.1 Use of the Platform requires you to create an account (Account). You create an Account when you provide us with your mobile phone number through the Platform (this is the first page you access when accessing the Platform).
3.1.2 Upon creating an Account, we grant you a limited, royalty-free, non-exclusive, non-assignable, non-transferable, revocable licence to access and use the Platform solely for the purpose of utilising our Services.
3.1.3 Your Account is individual to your business or you personally (as the case may be) and must not be shared with any other person or entity. If you use the Platform on behalf of or as an agent of a company, by doing so you warrant and represent that you have the full authority and capacity to bind that company in its engagement with Finect (through the Platform or otherwise) and to provide all information reasonably requested by Finect relating to the company.
3.1.4 You agree that you are responsible for all activities that occur on the Platform through your Account and acknowledge that:
3.1.4.1 you are fully responsible for all the activities resulting from any authorised or unauthorised access to or use of the Platform using any device logged into your Account;
3.1.4.2 you have verified the accuracy and completeness of all information (including business details, confidential information and personal information) provided, authorised to be provided, or confirmed by you to us through your Account (including all information provided by credit reporting bodies) and acknowledge that Finect has no responsibility to independently verify the same;
3.1.4.3 it is your responsibility to log out of the Account after use and to otherwise ensure that no unauthorised access or use of your Account occurs;
3.1.4.4 you must not transfer your Account to another legal person without our prior written consent, given only at our absolute discretion;
3.1.4.5 you must promptly notify us and update your Account accordingly if your employment or authorisation to use the Platform on behalf of a company ceases; and
3.1.4.6 you accept full responsibility for all activities on the Account.
3.1.5 If you wish to delete your Account, please contact us through the details provided on our Privacy Policy. We retain the sole discretion to refuse to delete an Account where:
3.1.5.1 we need to retain the Account for the purposes of compliance with an applicable law; or
3.1.5.2 we need to retain the Account to fulfil a contractual obligation with a third party (such as a lender) involving you.
3.2 Payment of Fees
3.2.1 In consideration of your use of the Platform and our acting as an intermediary to assist you to obtain a facility from a lender (Services), you agree to pay us:
3.2.1.1 the upfront fees and any other fees disclosed to you on the Platform before we provide our Services;
3.2.1.2 subject to clause 3.2.3, any further fees disclosed to you; and
3.2.1.3 any fees that we incur from third parties (including those imposed by a lender) in obtaining information or documents on your behalf. (collectively, Fees).
3.2.2 The Fees become due and payable when specified on the Platform or as notified by us to you in writing.
3.2.3 You agree that any Fees are non-refundable and contribute to our costs incurred in providing the Services and remain payable whether or not you obtain a facility (and regardless of the final terms of any facility).
3.2.4 If you materially vary your instructions relating to our Services, we may, at our sole discretion, vary existing Fees or charge additional Fees, at which time the additional fees become due and payable. If you do not agree to the payment of the adjusted Fees you may terminate your engagement for the Services immediately, however the original Fees shall remain due and payable.
3.2.5 If we are required to take steps to recover the Fees or any amount owed under these Terms, you agree to pay all recovery costs.
4. Your Obligations
4.1 Acceptable Use
You must use the Digital Channels as follows:
4.1.1 in accordance with the intended uses of each function or program available through the Digital Channels;
4.1.2 ensure that any information you provide via the Digital Channels is true, complete and up-to-date and update any information as necessary;
4.1.3 respect the privacy of others; and
4.1.4 use the Digital Channels lawfully, ethically and in accordance with accepted community standards.
4.2 Prohibited Uses
You must not, while using or through the Digital Channels:
4.2.1 act in a manner which violates any applicable laws or regulations;
4.2.2 knowingly or recklessly provide false, misleading or incomplete information about yourself, your business or others;
4.2.3 access or attempt to access any other user’s Account on the Digital Channels;
4.2.4 damage, modify or destroy any of our or any other person’s files, data, passwords, devices or resources;
4.2.5 violate or act in a way inconsistent with the protection of copyright, trademark or other intellectual property rights;
4.2.6 illegally store, use or distribute software owned by or licensed to us;
4.2.7 transmit threatening, obscene or offensive materials;
4.2.8 commit fraud;
4.2.9 conduct any business or activity or solicit the performance of any activity that is unlawful;
4.2.10 misrepresent, defame or impersonate any person, or misrepresent your identity or affiliation with any person;
4.2.11 make an unauthorised transmission of confidential information or data protected by trade secrets;
4.2.12 violate the security of the Digital Channels; or
4.2.13 initiate or spread computer worms, viruses or other types of malicious programs;
4.2.14 make transmissions of any type or quantity which adversely affect the operation of the Digital Channels or jeopardises the use of the Digital Channels, or their performance for other users;
4.2.15 attempt to do any of the above.
5. Security
5.1 You must notify Finect promptly if you become aware of or suspect that there has been unauthorised access to or use of your Account or the Digital Channels.
5.2 We take reasonable steps to ensure the security of our Digital Channels. Any information which we hold for you is stored on secure servers. Our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.
5.3 We exercise due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers. You release us from any liability that may arise if any other persons obtain the information you submit to the Digital Channels, subject to any negligence or breach of law on our behalf.
6. Third party platforms and websites
6.1 We are not responsible for the content of any data on or accessed through the Digital Channels that did not originate from us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform to these Terms and all possible consequences lie with the provider or sender of the data.
6.2 The Digital Channels may contain links to other websites or integrate third party platforms, particularly the illion platform and other credit reporting bodies. We are not responsible for the privacy practices or the content of such websites or platforms. We accept no responsibility for, and you release us from, any liability that may arise from your use of a third-party website or platform.
7. Intellectual Property
7.1 All intellectual and industrial property rights arising from or subsisting in the Digital Channels, including (without limitation) any business names, files, data, copyright, any trade marks, photographic images, and any other registered or unregistered intellectual property rights in or associated with the Digital Channels (Intellectual Property Rights) is owned by or licensed to us.
7.2 You must not do or allow any third party to do anything which may infringe, damage or endanger our Intellectual Property Rights or the intellectual property rights of a third party in respect of the Digital Channels or Finect generally, including using our intellectual property in connection with any business or commercial enterprise other than as permitted by these Terms.
7.3 By uploading information and data to the Digital Channels, you:
7.3.1 warrant that you have the right to provide us with that information and data
7.3.2 warrant that our storage and processing of that information and data will not infringe any third party’s legal rights; and
7.3.3 grant us a perpetual, non-exclusive, royalty-free, non-transferable worldwide licence to use that information and data for the purpose of providing you with our Services and content and for our own internal business purposes.
8. Privacy
We will collect, hold and use your personal information (“personal information”) in accordance with our Privacy Policy (available ) and the Consent agreed to by you through the Platform, as applicable.
9. No representations & warranties
9.1 To the maximum extent permitted by law, we do not provide any representations or warranties relating to the Digital Channels, their content or availability.
9.2 The Digital Channels are provided on an as-is basis. We will not be responsible in any way for the availability of the Digital Channels or any features therein subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours to maintain the performance of the Digital Channels where this is within our direct control.
9.3 We cannot and do not warrant that the Digital Channels will operate error-free or that the Digital Channels and the associated servers are free from computer viruses or other harmful mechanisms.
10. Release from liability
10.1 To the maximum extent permitted by law and subject to any negligence or breach of law on our behalf:
10.1.1 we accept no liability for any loss or damage howsoever arising to any person or corporation who may rely on the information contained on the Digital Channels for any purpose or as a result of, or in connection with, the use of or access to the Digital Channels; and
10.1.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the Digital Channels.
10.2 To the maximum extent permitted by law, neither you nor we will be liable for any indirect or consequential loss.
11. Our rights
11.1 We may at any time without providing notice to you (although we will endeavour to do so):
11.1.1 monitor your use of the Digital Channels to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms;
11.1.2 suspend, disconnect or deny access to the Digital Channels or remove access to any feature during any technical failure, modification or maintenance affecting the Digital Channels, provided that we will use commercially reasonable endeavours to procure the resumption of the website as soon as reasonably practicable;
11.1.3 remove, amend or alter any material or data in the Digital Channels at our discretion, including upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights;
11.2 If we believe that your use of the Digital Channels may break the law, that you have not complied with these Terms or your Account has been inactive for an extended period, we may (without limiting our other rights):
11.2.1 notify you by email (if possible);
11.2.2 suspend or terminate your access to the Digital Channels and/or your Account without notice; and/or
11.2.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
12. Indemnity
You indemnify Finect (including its officers, directors, agents, subsidiaries, joint venturers and employees) against any Liability claimed against Finect or the Digital Channels by any third party due to or arising out of your use of the Digital Channels, your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using the Digital Channels.
13. Linking to the Digital Channels
You may publish links to our home page or other pages of the Digital Channels, provided you do so in a way that complies with these Terms, but you must not link to the Digital Channels in a manner that suggests any form of association, approval or endorsement on our part unless with our prior written consent.
14. General
14.1 These Terms are governed by the laws of New South Wales and all users submit themselves to the non-exclusive jurisdiction of the Courts of New South Wales and any competent appellate courts.
14.2 Any term of the Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of the Terms is not limited or otherwise affected.
14.3 No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.