General Terms and Conditions for All Users

This legal notice applies to the entire contents of the website under the domain name edfin.com.au (the Site) operated by EdFin Pty Ltd (ACN 627 221 292) (as the context requires, EdFin, We, Our, or Us) and to any correspondence by email between Us and you. The following are the Terms of Use between you and EdFin that set forth the terms and conditions for your use of the Site. Please read these terms carefully before using the Site. By using this Site, you indicate that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not accept these terms, please do not use the Site.

 

1. Acceptance of Terms

Your access to the Site is subject to the EdFin Privacy Policy, notices, disclaimers, and any other relevant content published on this Site. If you use any of the services identified on the Site for which additional or alternative terms and conditions are referred to, by accessing, viewing, or otherwise using those services, you agree also to be bound by and comply with those relevant terms and conditions.

 

2. Changes to Terms

We may, at Our sole discretion, vary or modify these Terms of Use without prior notice. Any varied or modified Terms of Use will appear on the Site. Any subsequent access to, or use by you of the Site will constitute an acceptance of the varied or modified Terms of Use.

 

3. Electronic Communication

To the extent possible, we choose to carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any applicable regulations. You consent to using electronic means to form, agree to, or be bound by legal obligations. Where you indicate through electronic means your agreement to terms and conditions, offers, or other documents, you will be taken to have agreed to or signed them.

You also agree that where We are required, by law or otherwise, to provide you with any documentation, you consent to the provision of that document electronically through links on this Site or any other means We choose. Paper documents may no longer be provided, and you must regularly check your email, your EdFin account, or text messages for such documents.

 

4. Electronic Notices and Disclosures

To access EdFin’s services, you must agree to receive notices, information, and other disclosures in electronic form. We carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any applicable regulations. You consent to receive such communications through the Site, email, SMS, or other electronic means we may use.

 

5. Services Offered

The Site contains information and features that you can access and use, including financial accounts, loan services, account monitoring, and any other features or content we may add in the future (the Services).

 

6. Eligibility to Use EdFin’s Services

To be eligible to use Our Services via the Site, you must:

• Be at least 18 years of age;
• Hold an Australian bank account;
• Meet any other eligibility criteria as determined by EdFin from time to time.

By using the Site or Services, you represent and warrant that you meet these criteria. We reserve the right to terminate your access, delete your personal profile, and/or prohibit you from using the Site if we believe you do not meet the eligibility requirements.

7. Registration

To access the full range of Our Services, you must register for an EdFin Account using a valid email address, a username, a secure password, and a security question. Each registration is for a single user or joint users (e.g., married or de facto partners) only. Joint registrants will be held jointly and severally liable.

You are responsible for maintaining the confidentiality of your login credentials. You must not share your username or password with others. Notify Us immediately of any unauthorised use or breach of security. You may not use another person’s account to access Our Services.

8. Prohibited Conduct

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

 

• impersonate another person or entity or falsely state your affiliation with a person or an entity;
• create a false identity;
• misrepresent, in any way, yourself by providing false, incomplete and/or misleading information in order to obtain finance from a Lender;
• falsely misrepresent your age, employment, personal circumstances or financial circumstances;
• 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;
• using our Site to defame, harass, threaten, menace or offend any person;
• interfering with any user using our Site;
• 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;
• anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
• using our Site to send unsolicited email messages; or
• facilitating or assisting a third party to do any of the above acts.

If you engage in any prohibited conduct, as defined in section 8, in completing your personal profile on the Site, the information provided in relation to any consumer credit products, including but not limited to the applicable interest rate, is subject to change or become unavailable.

‍You are prohibited from using our Site, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

We make no representation or warranty as to the availability of the Site or that your access to the Site will be uninterrupted or secure.

9. Intellectual Property

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 assign to you any rights, title or interest in relation to our Site or the Content.

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

‍You must not, without our prior written consent:

• copy or use, in whole or in part, any Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
• breach any intellectual property rights connected with our Site, including (without limitation): altering or modifying any of the Content; causing any of the Content to be framed or embedded in another website; or creating derivative works from the Content.

This clause 9 will survive termination of these Terms. ‍

10. Limitation of Liability

To the maximum extent permitted by law, we exclude all liability suffered by you, any third party, or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any of:

• Your use of our Site or system; and/or
• Any inaccessibility of or outage of our Site or system; and/or
• Any interruption, removal or termination of access to our Site or system; and/or
• Content that is incomplete, incorrect or out-of-date; and /or
• Any information otherwise provided by us or a provider, even if we have been advised of the possibility of such loss or damage

To the maximum extent permitted by law we and all of our affiliates and related entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion):

• The supply of the services again; or
• The payment of the cost of having the services supplied again.

‍This clause 10 will survive termination of these Terms. ‍

11. Termination

We may immediately suspend, terminate or limit your access to and use of the Site if (i) you breach the Terms, any applicable laws, regulations or third party rights or (ii) if we have received complaints about you from Lenders.

‍You may stop using the Site at any time for any reason.

‍We may stop making the Site (or any part of it) available without prior notice. If we do this, any personal profile that we have accepted will not be affected, subject to the Terms. ‍

12. 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 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. ‍

13. General

‍Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing.

‍Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the Parties.

‍Third party websites: Our Site 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 the content on those websites. You should make your own investigations with respect to the suitability of those websites.

‍Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these terms and conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

‍Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

‍Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

‍Governing law: These Terms are governed by the laws of Victoria. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.