The following Terms and Conditions apply to your use of this Fincue Pty Ltd ("Fincue")(ACN – 623031434) website and/or mobile application. Your use of the website and/or mobile application (hereinafter known as “services”) means that you accept these terms and conditions. If you do not agree to be bound by these terms, you must cease use of the services, or be taken to be bound by them terms and conditions governing use of the services.


This service is operated by Fincue Pty Ltd and powered by Home Equity Private Ltd (hereinafter known as Whatsloan) together referred to as we, our or us. It is available at: www.fincue.com.au and may be available through other web addresses, web domains and mobile apps or channels.

Only persons aged 18 years old or over are entitled to register an Account on our Website. If you are under 18 years of age you must not apply for or register an Account on this Website.

Modifications to Service

We may, at any time and at our discretion, modify these Terms by publishing the varied terms on our website and/or mobile application. We recommend you check our website and/or mobile application regularly to ensure you are aware of our current terms. Materials and information on this website and/or mobile application (Content) are subject to change without notice. We do not undertake to keep our website and/or mobile application up-to-date and we are not liable if any Content is inaccurate or out-of-date. [and our Privacy Policy (available on our website and mobile application)] (Terms). Please read these Terms of Use carefully and immediately cease using our website and/or mobile application if you do not agree to them.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our services in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited Conduct

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using Trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of Competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

Permitted Commercial Use

Our services is for your personal, non-commercial use only. You can use our website and/or mobile application, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, obtaining a licence to do so from us.

You must not use the website and/or the mobile application unless you are a genuine buyer or seller of a property being advertised on our website and/or mobile application. You must not collect, ‘scrape’ or otherwise store any content or any personal information on any other Users of our Systems.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Security of Information

No data transmission over the internet can be guaranteed as totally secure. While we serve to protect such information, we do not warrant and cannot ensure the security of any information you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You must:

  • (a) comply with all directions issued by us in relation to the use of your identification and password to parts of the website or services and keep your password secure.

  • (b) notify us immediately if you become aware that your password has been compromised or is known to a third party, or there has been unauthorised use of your identification and password, so we can take steps to deactivate your member identification.

  • You must take your own precautions to ensure that the means that you use to access this Website and/or mobile application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. You are solely responsible for, and you assume all risk arising from, your use of our Website and the Online Platform and the technology and telecommunications services that you use to access our Website and the Online Platform.

    Intellectual Property Rights

    Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

    (a) copy or use, in whole or in part, any Content;

    (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

    (c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

    User Content

    You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

    You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

    (a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

    (b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

    Inquiry with a specific lender

    By submitting your information to retrieve your loan options, you consent to us providing matched lenders with the following information:

  • Your personal details as provided by you to us (including business owner name, business name, ABN/ACN)

  • Contact details (email address, phone number)

  • Trading, operational, and financial data as provided to help us match you with that lender (including but not limited to time in business, industry, presence/absence of past defaults etc)
  • Any other information entered into our platform by you, or made available by you through integrations with your systems

  • Discuss application with lenders

    By submitting your information to retrieve your loan options, you consent to us requesting information from matched lenders about whether you have progressed with an application, and the circumstances of your application. Provision of such information by matched lenders will be governed by the privacy and terms of use of the particular lender you have matched with.

    Access to your Account and Content

    We reserve the right to take any steps that we reasonably believe are necessary or appropriate to enforce and/or verify compliance with these Terms of Use. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:

  • comply with any legal process or request;

  • enforce these Terms of Use, including investigation of any potential violations of these Terms of Use;

  • detect, prevent or otherwise address security, fraud or technical issues; or

  • protect the rights, property or safety of Fincue, its Users, a third party or the public as required or permitted by law.

  • We reserve the right to access your Account (which may involve taking complete control) to ensure the orderly and reasonable conduct of your Account in accordance with these Terms of Use, our Privacy Policy and (if applicable) your Service Agreement. This may include withdrawal of properties that have been sold by another agent or the withdrawal of offers to sell a property. Before we do this, you will be provided with a verbal request to take the necessary steps to remedy any issues with your Account. If you fail to rectify any issues with your account in response to our verbal request within 2 days, we will provide a further 7 days’ notice in writing requiring you to rectify the issue with your Account. If you still have not rectified the issue we have identified with your Account, we will take appropriate action to rectify the issue directly, which may include accessing your Account to rectify the issue.

    Links & Third party sites

    Our website and/or mobile application may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for and don’t make any warranty for, the content on those websites. You should make your own investigations with respect to the suitability of those websites and/or mobile applications. You access those linked sites and use products and services made available at those sites solely at your own risk. You do not hold us liable for your access, use or reliance on the linked websites.

    Discontinuance

    We may, at any time and without notice to you, discontinue our website and/or mobile application, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

    Warranties and disclaimers:

    To the maximum extent permitted by law, we make no representations or warranties about our website or mobile application or the Content, including (without limitation) that:

    (a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

    (b) access will be uninterrupted, error-free or free from viruses; or

    (c) our Site will be secure.

    You read, use and act on our Site and the Content at your own risk.

    However, our liability will be limited for a breach of that condition or warranty to one or more of the following at our election:

  • (a) if breach relates to services:

  • (i) supplying of services again or;

  • (ii) paying cost of having services supplied again.

  • This materials published on this website provide general information only and are not intended as advice or a professional property appraisal and should not be relied upon as such. The information provided does not take into account your investment objectives, financial situation or personal needs and may depend on statistical models and assumptions which may be incomplete or wrong, negatively impacting the accuracy of this publication. You should make your own inquiries and, if necessary, obtain independent financial advice tailored to your specific circumstances before making any investment decisions.

    Property Appraisal

    We provide a property appraisal by a Local Real Estate Agent. This can be booked through our Website and/or mobile application. This property appraisal is free if you do not subsequently instruct us in relation to the sale of your property. The property appraisal is also included as part of the price of our Products and Services. Details on how to book your free property appraisal can be found on our Website after you have registered your Account.

    Limitation of liability

    To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

    Indemnity

    To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

    Termination

    These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

    Disputes

    In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

    Jurisdiction

    Your use of our Site and these Terms are governed by the laws of [New South Wales, Australia]. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [New South Wales, Australia] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

    For any questions and notices, please contact us at:

    Fincue Pty Ltd | ABN: 84 623 031 434
    Email: info@fincue.com.au

    Last update: 6th Feb 2019