This website is purely owned by Cubomo Pty Limited ABN 12 643 578 947, trading as Financely (also referred as “we, our, us” from time to time).
- Accepting this Website Terms of Use:
By using our website, you confirm that you accept the “Terms of Use” provided herewith, and agree to be bound by them at all times. This document sets clearly sets out the Terms and Conditions that govern the use of this website. Please also review the Disclaimer at the bottom of our website which highlights the related entities, and/or parties involved.
When accessing this website, or by applying for a loan through us, we understand that you have read the terms of use, and accordingly accept, and agree with these. You must not use this website if you not agree with these Terms.
This Terms and Conditions document sets out the basis on which we will provide the services to you, your obligations to us, and the facts on which we both rely upon to enter into this agreement. And as permitted by law, we may change these Terms at any time, and in case of any breach of these Terms, we reserve the right to seek remedies available to us by law, or in equity.
- Use of this Website:
2.1 You must use our website in accordance with the Terms of Use stated, and only for lawful purposes, and only in a way which does not infringe the rights of anyone, or restrict, or inhibit anyone’s use of our website. You must not use this website for any activities that may breach any laws or standards.
2.2 You understand and agree that your use of our website is provided on an “as is” and “as available” basis. We do not represent or warrant that the operation of our website will be free of any error. We also do not guarantee that it is secure, uninterrupted, accurate, complete or current, and maintains confidentiality at all times. You must not distribute through this website any inappropriate communication, or viruses.
2.3 We will endeavour to update and carry out regular maintenance on our website, so from time to time, we may have to suspend access, service or functionality on our website without notice. We will not be liable if, for any reason, our website is not available for any period of time. You must not bypass an security measures in place, or make any unauthorised access to the website during this time.
2.4 Our website may contain links to third party sites, partner pages, and resources and information provided by third parties. We will not take any responsibility for the Third Party Links or Third Party Contents, and cannot guarantee that any Third Party Links or Third Party Content will be uninterrupted, error-free, accurate, complete or current. Any links to Third Party Content does not represent our endorsement of such Third Party Content. We have no control over the Third Party Content, and will not be liable for any loss or damage you suffer or incur when you access or use any Third Party Links or Third Party Content.
- Content
When accessing the a Financely website, you agree to be bound by the Terms of Use. If you disagree to any of the terms, then you must not access this website at any time. We will not accept any liability or take any responsibility for any persons, entities, or organisations that has relied on the information contained in this website.
This website or the use of it’s contents (including any financial tools, or calculators) does not guarantee eligibility for any loans/mortgages as we have to submit every loan application to a particular lender to confirm your eligibility. There is always a risk when applying for a Loan, as the Lender can always decline a Loan that has been approved (either conditionally, or unconditionally) at any time during the transaction.
We own all intellectual property rights in the content of our website, including all the contents, pictures, finance tools, graphic designs, and any images.
By providing your personal information on our website:
- you consent to us using your personal information to send you information about our products and services.
- you consent to us to use your personal information in assessing your loan eligibility, and loan requirements, including obtaining credit checks where requested.
- you consent to us disclosing your personal information and content with our third party providers (foe e.g. Banks, Lenders, Solicitors, etc..) in assessing your loan application.
- you can unsubscribe from receiving any marketing material by emailing us at …….
- you retain all the rights to the content and your personal information that you submit or post on our website.
Our use of your personal information will be governed in accordance with our privacy policy, a copy of which can be found here.
- Financial Services and Products:
We have an arrangement via our accredited Finance and Mortgage Brokers with a panel of lenders (including Banks, Non Banks and Private Lenders, Non Conforming Lenders, Asset Finance Providers, just to name a few) which allow us to obtain credit for you subject to meeting all their credit criteria and due diligence process. Lenders on our panel can change from time to time, and we are able to enter into new agreements with lenders that are not currently in our panel, subject to their consent and accreditation.
We do not offer to supply any financial products or financial services on the Website. We may pass on the information (including personal information) that you supply on the Website to relevant participating Finance and Mortgage Brokers, and as such, you are then responsible for dealing with the relevant participating Finance and Mortgage Brokers in applying for relevant financial products.
- Our Lender panel consists of Banks, and other Financial Institutions, Private Funders, Short Term Lenders, Non Conforming, and Lo Doc Loan Providers, Insurance companies, etc..
- Services Provided:
We act as finance brokers on behalf of lenders our brokers are accredited with, predominantly for home loan, commercial loan, or any mortgage products. We will provide you with the relevant information regarding the type of credit contracts, finance products and loans, and it’s availability, and accessibility.
Our service includes assisting you throughout the loan application for finance and presenting to you any offers made available to you by lenders.
However we always recommend on obtaining legal and financial advice at all times, as we are not financial advisors, and we do not advise you on the legal or financial implications of entering into credit arrangements or any particular finance or loan products. You will need to consult your Solicitor or Accountant in this regards.
- Limitation of Liability:
This Website may also contain information and materials from third parties, including Lenders. This information and materials may include lenders products, and services, advertisements, newsletters, data information, and other general information, plus public opinions and comments, social media content and links to other websites which lead to “Third Party Material, or their Sites”.
We do not have control over, and are not responsible for any Third Party Material (including its content, accuracy or reliability). Please note that unless stated otherwise, we do not sponsor or endorse the Third Party Materials.
Whilst we rely on Third Party material to provide the best possible outcome, or results for you, we do not warrant the accuracy and quality of these outcomes, or results. To the fullest extent permitted by applicable law, we have no liability arising out of any outcomes, results or recommendations produced by the Website, and you are responsible for the final choice of any product, or service that you may choose.
We exclude all liability for any loss of profit, loss of reputation or business, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred arising in connection with or in relation to the use or reliance of any part of this website or any information on this website (including any Third Party Materials, and information, and recommendations) whether or not it is caused by our negligence, and whether the possibility of loss was known to us our website, or relating to any services we have provided, or in connection with any act or omission by us (negligent or otherwise).
Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.
- Security:
The security of your information is extremely important to us, and we will take reasonable steps to protect the information in our system from any unauthorised access, loss, modification misuse, interference, or disclosure (unless required). Similarly, if we no longer require your information, and we are legally permitted to, we will take all reasonable measures to destroy, de-identify, or store that information securely.
We will endeavour to regularly review and update any updates, or developments in security and encryption technologies. However, we cannot guarantee the security of any information that you transmit to us using this Website. Similarly, no information or data transmitted over the internet can be guaranteed as being totally secure. Therefore, any information you transmit using this Website is transmitted at your own risk.
When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.
- Cookies:
7.1 The use of ‘cookies’ on our website is to provide you with better and more customised service, as well as a providing a more effective website.
7.2 We use cookies for different reasons and purposes, such as:
(a) allocation of a unique code or number to your internet browsers;
(b) ability to customise our website for your purpose;
(c) providing data for statistical use or purposes;
(d) identification of user(s) and if you have also accessed a Third Party Website; and
(e) for security purposes.
7.3 A ‘cookie’ is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.
7.4 We take reasonable steps to preserve the security of cookie and personal information in accordance with this policy. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).
- Fees and Commissions:
For any consumer, or residential type loans, we do not charge a fee for our services, unless and otherwise stated upfront and agreed by both parties, at which time, we will provide you with a Credit Quote outlining these charges, and the terms and conditions will be provided by the Mortgage Broker.
The lender pays us a commission for lodging an application on your behalf. This is generally disclosed on the Credit Proposal provided by the Broker.
We may however charge for some commercial loans, specialised or short term loans or loans where we will not earn industry standard commissions or where commissions may be clawed back by the lender then we may charge you a service fee, namely, brokerage fee.
In all cases, any fees charged by us will be disclosed to you upfront.
In some instances, we may have to charge a processing fee for work completed if you do not proceed. This amount will not be any more than $250.00.
- Privacy:
We may collect your private and personal information through this Website from time to time. The personal information we collect, and hold will be disclosed to relevant participating parties in order to perform our business activities. This may include Finance Brokers, Financial Institutions, Lenders, Credit Providers, Reporting Agencies, our Employees, and/or Contractors, Regulators, and Law Enforcement Agencies. Additionally, we may provide your information to any associated businesses that may want to market certain products to you, and/or other organisations for any authorised purpose, with your consent.
We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your private and personal information to us. However, if you choose not to do so, then we may not be able to assist, or respond to you, or ask our participating Finance Brokers, to contact you.
Our privacy policy, available at financely.com.au/privacy-policy, contains information about how you may access, and correct the personal information that we hold about you and how can you lodge a complaint relating to our handling of your personal information, and how we will deal with such complaint.
You consent to your personal information being collected, handled, used and disclosed in accordance with these Terms, and our Privacy Policy. You must not submit the personal information of another person, or organisation not related to you, unless that person has read, understood and accepted these Terms, as well as our privacy policy.