TERMS OF TRADE AND WEBSITE USE
1. THIS WEBSITE
1.1. The following terms apply to all Engagements of Services by you from I Want Finance Pty Ltd ACN 666 632 015 (us, we, our).
1.2. If you are not a natural person:
1.2.1. You warrant that any person that enters an Engagement on your behalf is authorised to do so and will also do so as agent for each of your related entities that use or access the Services; and
1.2.2. You must procure that your Personnel comply with these terms and you take responsibility for the acts and omissions of your Personnel.
1.3. The Website is owned and operated by us under the domain name “www.iwantfinance.com.au”.
1.4. If you use or access the Website you accept these Terms and Conditions, the Privacy Policy, notices, and any other rules of use or policies contained on this Website and changes to them that we may make from time to time. You should review them carefully and check periodically for any changes. If you do not agree with the Terms and Conditions, Privacy Policy, notices, and any other rules of use or policies you are not authorised to use the Website.
1.5. The Website offers you access to a collection of products, services and online resources conditional on your Acceptance without modification of the terms, conditions, and notices contained herein.
1.6. Your use of the Website and its associated products, services and online resources constitutes your agreement to all such terms, conditions, and notices.
1.7. We recommend that you familiarise yourself with this Terms and Conditions statement and any other terms and guidelines found throughout the Website and agree to abide by them should you chose to use the Services offered to which they apply.
2. CONDUCT
2.1. You agree not to use the Website to:- upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory; and impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; and upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; and upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; and upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program; and disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchange; and interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and “stalk” or otherwise harass, threaten or intimidate any person or internet user.
3. SERVICES
3.1. You must provide sufficient information with prior to entering into an Engagement with us (including any special requirements) to enable us to provide you with the Services.
3.2. We may refuse to accept an Engagement (or part of it) on reasonable grounds.
3.3. If an Engagement includes any special conditions agreed by us, they will, unless stated otherwise take precedence over these terms.
3.4. We do not hold or proport to hold an Australian Financial Services Licence (AFSL) or Credit Licence. The services that we provide are not covered by the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code is not applicable.
3.5. The services we provide only relate to the provision of credit contracts or consumer leases which are wholly or predominantly for business purposes.
3.6. For us to provide our services to you, we will be required to share your personal or sensitive information with credit providers, a list of credit providers can be found in our Privacy Policy.
4. FEES AND PAYMENT
4.1. We receive payment by way of a commission on settlement of the financial product entered into by you with the credit provider.
4.2. You acknowledge that a commission, reward, or gift may be paid to us by the credit provider before you enter into the agreement with the credit provider.
5. CONSENT TO DISCLOSURE
5.1. You acknowledge that in order for us to provide the Services, we will disclose personal and sensitive information about you and your Credit Application to credit providers and third parties as required.
5.2. You consent to the disclosure of your personal and sensitive information by us to third parties and credit providers.
5.3. You understand and acknowledge that:
5.3.1. Personal or sensitive information collected by us will be dealt with in accordance with our Privacy Policy; and
5.3.2. Any personal or sensitive information that we have disclosed to credit providers or third parties will be dealt with in accordance with their respective privacy policies.
5.4. A list of credit providers and links to their respective websites can be found in our Privacy Policy.
6. GST
6.1. Expressions used in this clause have the same meanings as when used in the GST Act.
6.2. To the extent that a party makes a taxable supply in connection with these Terms to the other party then, except where express provision is made to the contrary, the amount payable by the recipient of that supply is a GST exclusive amount and the recipient of that taxable supply will pay to the supplier of it the GST payable in respect of that supply in addition to the other consideration payable.
6.3. A party’s right to payment of the GST is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
7. LINKS TO THIRD PARTY WEBSITES
7.1. the Website may contain links to other websites (“Linked Third Party Sites”).
7.2. the Website does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. (“Linked Third Party Material”).
7.3. the Website is not responsible for webcasting or any other form of transmission received from any Linked Third Party Site.
7.4. the Website is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.
7.5. Subject to any applicable law, which cannot be excluded, the Website makes no warranties or representations:
7.5.1. regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or
7.5.2. that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
7.5.3. that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.
8. NO UNLAWFUL OR PROHIBITED USE
8.1. As a condition of your use of the Website and Services, you warrant and agree that you will not use the Website or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
8.2. You may not use the Website or its associated service in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website or its associated services.
8.3. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.
9. USE LIMITATION
9.1. The Website is available for your personal and business use.
9.2. You warrant that you will not modify, copy, distribute, transmit, or sell any information, products or services obtained from the Website.
10. PRODUCT AND SERVICES INFORMATION
10.1. Services displayed or offered on this Website contain general information about the products and services.
10.2. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the Terms and Conditions.
11. THIRD PARTY SOFTWARE
11.1. The Website may provide links to Linked Third Party Sites. We will not be responsible or liable, directly or indirectly for any software downloads available from these Linked Third Party Sites.
11.2. These products may be subject to a licence agreement between you and the relevant product owner.
11.3. To the extent permitted by law, the Website accepts no liability in respect of such Third Party products and the Website provides no warranty and give no endorsement in respect of such products or any party connected with them.
12. WARRANTIES
12.1. You expressly understand and agree that your use of the service is at your sole risk and that the Website is provided on an “as is” and “as available” basis. We make no warranty that:
12.1.1. the Website will meet your requirements;
12.1.2. the Website will be uninterrupted, timely, secure, or error-free;
12.1.3. the results that may be obtained from the use of the Website will be accurate or reliable;
12.1.4. the quality of the Services or other Material obtained by you through the Website will meet your requirements or expectations;
12.1.5. any Material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Material.
12.1.6. If you are a consumer under the ACL, the Services come with guarantees that cannot be excluded under the ACL and you are entitled to:
12.1.6.1. Your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage;
12.1.6.2. our choice of having the Services refixed, repaired, replaced or refunded if failure does not amount to a major failure. We’ll do this within a reasonable time.
12.1.7. To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
12.2. You warrant that your Engagement with us for the Services is wholly or predominantly for business or investment purposes. If this changes at anytime throughout our Engagement with you, then you will inform us of this change in circumstances.
13. LIMITATION OF LIABILITY
13.1. Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold each and every member of us, affiliates, staff, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to Material on this Website or to any Linked Third Party Material, whether in contract, tort including negligence, statute or otherwise.
13.2. Liability of any member of us for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
13.2.1. the supply of the Services;
13.2.2. the repair of the goods; or
13.2.3. the payment of the cost of having the goods or Services supplied again or repaired. Modifications to the Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any Third Party for any modification, suspension or discontinuance of the Website.
14. INDEMNITY
You indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with your acts or omissions or breach of these terms, or use of the Services.
15. TERMINATION
15.1. You acknowledge that these Terms and Conditions (and the agreement constituted by your use of the information, graphics and materials on the Website) and your access to the Website may be terminated if you commit an Act of Default which is not remedied within 5 business days of us giving written notice to do so.
15.2. You also agree that we are not liable to you or any Third Party for any termination of your access to the Website.
15.3. If we commit an Act of Default which is not remedied within 5 days of you giving written notice to do so, you may terminate these terms and obtain a refund of any amount of the price already paid for Services not delivered, less any other amounts due and payable to us.
16. JURISDICTION
16.1. These terms will be governed by the Laws of Victoria, Australia. Each party irrevocably submits to the non exclusive jurisdiction of the courts exercising jurisdiction in that jurisdiction.
17. ASSIGNMENT BY WWW.IWANTFINANCE.COM.AU
17.1. We may assign this agreement in whole or part to any person.
18. COPYRIGHT AND TRADEMARKS
18.1. The content of the Website is owned by us and we reserve all rights, including copyright under the Copyright Act 1968 © of all material on this Website.
18.2. The material includes information, text, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of content. And may not be re-written, framed, linked, copied, resold, re distributed or transmitted in any form by any process, or otherwise used without the prior specific written permission of us. Acceptance and Changes to Terms and Conditions You acknowledge and accept that your use of the Website indicates your Acceptance of these Terms and Conditions and the Privacy and Security Statement.
18.3. The information on the Website is current at the date of publication but may be subject to change.
18.4. Notice of any other change to these Terms and Conditions will be given no later than the day the change takes effect.
18.5. Such notice may be, but not limited to, by notification on the Website, in writing, by newspaper advertisement or by notices issued through the Website network. We reserve any rights not expressly granted in these Terms and Conditions.
18.6. These terms are our current Terms and Conditions and replace any previous statement published prior to 12th November 2007.
19. CONFIDENTIALITY
All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge (otherwise than through a breach of confidentiality) and must not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by law.
20. UNFAIR TERMS TO BE READ DOWN
If any law making unfair contract terms void or unlawful could apply to a term in these terms, the following rules apply to interpreting that term.
20.1. if the law would make the term void because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way.
20.2. if the law would make the term void because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void.
If, despite the application of this clause, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void. These reading down rules apply before any other reading down or severance provision in these terms and conditions.
21. FORCE MAJEURE
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
22. DISPUTES
22.1. If a dispute arises under these terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.
22.2. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
22.3. Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.
23. SEVERABILITY
If any portion of these Terms are deemed by a Court of competent jurisdiction to be invalid, then the remainder of these Terms shall remain in full force and effect and the offending provision or provisions severed.
24. ENTIRE AGREEMENT
These terms represent the entire agreement between the parties in relation to the Services and supersedes all prior discussions, negotiations, understandings and agreements in relation to those Services.
25. INTERPRETATION
In this document:
25.1. headings, bold type and square brackets are for convenience only and will not affect interpretation of this document;
25.2. words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
25.3. a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them;
25.4. a reference to any of the words “include”, “includes” and “including” is read as if followed by the words “without limitation”; and
25.5. terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context otherwise requires.
26. DEFINITIONS
26.1. ACL means the Australian Consumer Law.
26.2. Act of Default occurs if either party:
26.2.1. commits a material breach of these terms;
26.2.2. is unable to pay its debts as and when they fall due;
26.2.3. commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
26.2.4. has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.
26.3. Engagement means any request for the provision of Services by you that has been accepted by us.
26.4. GST Means GST within the meaning of the GST Act;
26.5. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time);
26.6. Interested Person, Security Interest and Verification Statement have the meanings prescribed to them in the PPSA;
26.7. IPR means includes all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.
26.8. Privacy Policy means our Privacy Policy from time to time available at
26.9. Services means the items, deliverables and/or services provided, or to be provided, by us to you as identified in an Engagement.
26.10. Specifications means any official specifications or descriptions provided by us with the Services.
26.11. Taxes means taxes, levies, imposts, duties, excise, and charges, deductions or withholdings, however described, imposed by Law or government authority or agency other than Australian GST or any tax imposed on, or calculated having regard to, net income.
26.12. Website means www.iwantfinance.com.au.