These Terms of Use ("Terms") govern your use of our website located at unsecuredfinance.com.au (the "Site") and form a binding contractual agreement between you, the user of the Site, and us, ACN 609 323 337 Pty Ltd trading as Unsecured Finance Australia ("UFA" or "we").
1. Acceptance of terms
By using the Site you acknowledge and agree that you have been asked to read these Terms and that your use of the Site is conditional on your acceptance of these Terms and all conditions, policies, disclaimers and other notices on the Site. You acknowledge that the use of our Site is intended for the provision of business loans and that consumer loans are not provided by us. If you do not agree to the Terms, you must refrain from using the Site. We reserve the right to block you from use of the Site if you breach these Terms.
2. Amendments
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Site, without further notice to you. Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms as amended.
3. Licence to use the Site
We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms. You must not use the Site in any manner:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring UFA, or the Site, into disrepute;
- that infringes the intellectual property or other rights of any person;
- that promotes any other business which provides a website or service that is the same or substantially similar to the Site; or
- that causes or induces other users of the Site to use another website or service that is the same or substantially similar to the Site.
Subject to clause 4, you may hold material from the Site in your computer's cache or have a single permanent copy for your personal use, but you must not without the prior written approval of UFA: alter, transmit, perform, display, reproduce, distribute, license or publish any material; frame or mirror the Site or embed material from the Site; use any process, automated or otherwise, to query, scrape, retrieve, data-mine or copy any material on the Site or to formulate any document, index or database based on the material published on the Site; or take any action which would disrupt or interfere with the Site or bypass any security mechanisms used on the Site.
You acknowledge and agree that we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; the Site may be unavailable from time to time (including for maintenance purposes); and whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated.
4. Intellectual property rights
All of the content of the Site, including all information, text, material, graphics, software and advertisements, is the property of UFA and/or copyright of UFA unless otherwise indicated. Aspects of the Site content are protected by Australian and international trademark laws. Nothing in these Terms constitutes a transfer of any intellectual property rights, including copyright. You acknowledge and agree that, as between you and UFA, we own all intellectual property rights in the Site. By posting or adding any content onto the Site, you grant UFA a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same. You will not use any item or information on the Site to make any modified or derivative works.
5. External services and the loan portal
After you submit an enquiry on the Site, you may be directed to our secure loan portal or other related platforms operated by us or our service providers to complete a full application. Use of those external platforms is governed by their own terms and privacy notices, which you should read before continuing.
6. Liability
To the full extent permitted by law, we (including our directors, officers, shareholders, employees, agents, contractors or other third parties associated with operating the Site) disclaim all liability and responsibility for any loss or damages arising from your use of the Site, including any loss or damage arising from any tortious act, omission, negligence, breach of contract or breach of statutory duty.
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: in the case of goods, the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
7. Indemnity
You indemnify UFA and its employees, agents, contractors and directors with respect to any loss incurred by UFA, its employees, agents or contractors with respect to your use of the Site and/or breach of these Terms, including all claims for damages or otherwise either directly or from third parties (which claims may include damages and costs, including legal costs on a full indemnity basis).
8. Termination
These Terms terminate automatically from the time we, for any reason, cease to operate the Site, save and except for any breach of the Terms by you prior to such date. We may otherwise terminate your use of the Site immediately if you have breached the Terms in any way.
9. Privacy
By using the Site you agree to our Privacy Policy and the manner in which we collect, use and disclose your personal information. You acknowledge that UFA may cooperate with any law enforcement authority with respect to lawful requests for information on use of the Site, which could include personal or sensitive information.
10. Force majeure
We will not be liable for the consequences of any circumstance reasonably beyond our control which affects our obligations under these Terms.
11. Governing law
These Terms shall be governed by the laws of the State of South Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
12. Severability
A provision of these Terms that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or enforceability of that provision in any other jurisdiction, nor the remainder of these Terms in any jurisdiction.
13. Assignment
You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.