Introduction

This website at gearedloans.com.au (Website) is operated by Geared Asset Finance Pty Ltd (ABN: 61 134 689 339), an Australian Credit Licence holder (501266) (Geared Asset Finance Pty Ltd, we, our or us). Please read these Terms carefully.

Terms of use

1. Acceptance

Our Website is subject to these Terms and Conditions (Terms). Our Privacy Policy forms part of these Terms and are incorporated into these Terms by reference. When you (users) access and/or use the Website, you agree to these Terms and:

  • you warrant that you have read and understand these Terms;
  • agree to use the Website in accordance with these Terms.

If you do not agree to the Terms, you must immediately cease using the Website. We may, at any time and at our discretion, amend these Terms by publishing them on our Website. It is recommended you regularly check our Website to ensure you are familiar with the most current version of our Terms. By using the Website after any variation to our Terms, you will be deemed to have accepted those changes.

If we amend the Terms during the period that your Online Application Questionnaire has been lodged but has not yet been processed or accepted by us, you will not be subject to the amended Terms and will be subject to the Terms in effect at the time.

2. About us and our services

Our Website captures general information from a user for the purpose of passing this information across to our Referral Partner(s) to approach the user and discuss further finance opportunities. None of the information captured from a user within this Website is specific or considered confidential and does not provide us with the ability to understand or assess the user’s specific circumstances.

We do not offer credit assistance or suggest you apply for or stay in a credit product for the purpose of increasing your credit limit with a particular provider of credit. We do not assist you in applying for a particular credit product. The purpose of our Website is to introduce you to a Referral Partner(s) or Lender(s), and our responsibilities are limited to facilitating the referral. All information on this Website is provided without taking into account your objectives, financial situation, or other needs.

If or when a user may apply for a consumer credit product, this will not be within our Website or within the scope of our services and you will deal directly with the Referral Partner or Lender on that matter. Should a user, after their details being referred to a Referral Partner or Lender, enter into a credit agreement with the Lender, the user will be required to sign a loan agreement. In the event of any inconsistency between the loan agreement and these Terms, the loan agreement will prevail to the extent of the inconsistency.

Our Referral Partners and Lenders are not our employees, contractors or agents and we have no control over the conduct of any Lender with respect to any loan agreement between you and the Lender and we do not act as a party to any agreement between you and the Lender.

At any time, upon advising the Referral Partner or Lender, you may withdraw your Online Application Questionnaire without penalty.

As a result of the activity on the Website, we may receive fees or other benefits. When a consumer acquires a credit product through a referral to a lender, we may receive referral fees.

Referrals are not guaranteed to be appropriate or suitable for you. Referrals should not be deemed as financial advice, and we encourage you to get in touch with a qualified financial advisor if you need advice.

3. Notice of collection

In accordance with our Privacy Policy, we collect personal information from you in order to refer you to our Referral Partners, to contact and communicate with you, and to respond to your enquiries.

Information about you may be disclosed to third parties who assist in providing Services (including Referral Partners and Lenders we have a referral arrangement with, other service providers such as brokers or intermediaries, affiliated product and service providers and external product and service providers for whom we act as agent, other organisations who in conjunction with us who may provide products and services, information technology service providers, data storage, web-hosting and server providers, professional advisers and our business partners) or as required by law. Our affiliates may not be able to provide Services to you if you do not provide this information. We may, in certain circumstances, disclose your personal information to third parties located outside of Australia, or who store data there.

Our Privacy Policy contains further information about: (i) how we store your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

When you provide personal information to us, you agree that we may collect, hold, use and disclose your information in accordance with our Privacy Policy.

4. Prohibited conduct

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

  • using a false identity when filling out your Online Application Questionnaire;
  • providing false, incomplete, or misleading information about yourself to us.
  • making false statements about your age, employment, personal circumstances, or finances;
  • impersonating another person or entity or falsely stating your affiliation with a person or an entity;
  • infringing on an individual’s privacy (including uploading private information without their consent).
  • using our Website in a manner that interferes with any other user;
  • defaming, harassing or threatening anyone through our Website;
  • tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;
  • sending unsolicited email messages through our Website;
  • providing assistance or facilitation to a third party to do any of the above acts; or
  • anything that may violate local, state, national or other laws or regulations or any court order, including, but not limited to, zoning and tax laws.

Information and materials on our Website (Content) may not be used in any way that competes with our business. In the event that you breach this term, we will hold you liable 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 liable for any profits you might get from the non-permitted use of our content.

No representation or warranty is made as to the availability of the Website or that your access to the Website will not be interrupted or secure.

5. User content

Information and content, including reviews (User Content), may be posted, uploaded, published, submitted or transmitted through our Website by you. You grant us a worldwide, irrevocable, perpetual, nonexclusive, transferable, royalty-free licence to use any User Content that you provide on or through our Website. On, through, or by means of our Website, you may use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content.

All User Content that you make available on or through our Platform is solely your responsibility. The following is represented and warranted by you:

  • all User Content belongs to you, or you have all rights, licences, consents and releases necessary to grant us the rights to such User Content as contemplated in these Terms; and
  • neither the User Content nor the upload, publication, submission or transmission of the User Content, nor our use of the User Content on, through or by means of our Platform will violate, infringe or misappropriate any third party’s intellectual property rights, publicity rights or privacy rights, or violate any applicable law.

We do not endorse, approve or take responsibility for any User Content. At our discretion, we may remove any User Content at any time.

6. Intellectual property

All rights, titles and interests (including intellectual property rights) in our Website and Content belong to us or are licensed to us unless otherwise indicated. Use of our Website and access to any Content does not grant you any rights, titles or interests in our Website and Content.

In accordance with these Terms, we grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to access and use our Website. All other uses are prohibited without our prior written consent.

Without our written consent, you are not permitted to: (i) use or copy any Content, in whole or in part; (ii) distribute, disseminate, reproduce, retransmit, sell, broadcast, publish or circulate any Content to any third party; or (iii) Infringe upon any intellectual property rights related to our Platform, including (without limitation): (a) modifying or altering any Content; (b) framing or embedding any of the Content on another website; or (c) making derivative works from the Content.

7. Warranties and Disclaimers

Unless otherwise required by law, we make no representations or warranties about our Website or the Content, including (without limitation):

  • their accuracy, reliability, up-to-datedness, and suitability for any use;
  • that access will be uninterrupted, with no errors, and no viruses; and
  • that our Website will be secure.

We do not take responsibility for the content on our Website or your actions after reading, using, or acting upon it.

The Content is provided for informational purposes only and is not comprehensive. It is not intended to provide specific advice and does not take into account your specific needs, objectives, or financial circumstances.

To the extent permitted by law, we do our best to ensure the accuracy and completeness of the Content. We reserve the right to change the Content at any time without notice. Although we do our best to keep this Website up-to-date, we are not responsible if any of the Content is inaccurate or incorrect.

In addition, you acknowledge and understand that we do not take part in or have any responsibility for your relationship with the Lenders, and that you should conduct your own due diligence before selecting a Lender.

8. Liability Limitations

To the maximum extent permitted by law, any liability you or any third party may incur as a result of your use of our Website, your use of our Services, or your interactions with Lenders, whether in person or online, is not covered by us. We are not responsible for any inaccessibility, interruption to or outage of our Website, or any inaccuracies, incompleteness or omissions to the Content on our Website.

To the maximum extent permitted by law, we require you to indemnify us and hold us harmless against any Liability we may incur as a result of your use of our Website or your violation of these Terms. As a continuing obligation, this indemnity remains in effect after these Terms end. Our right to indemnity under these Terms doesn’t require that we suffer or incur any liability.

9. Termination

Your access to and use of the Website may be immediately suspended, terminated or limited if you violate the Terms, any applicable laws, regulations or third-party rights, or if we receive a complaint about you from the Lenders.

You may stop using the Website at any time and for any reason,

The Website (or any part of it) may stop being available without notice at any time. This will not affect any Online Application Questionnaire that we have accepted, subject to the Terms.

10. Disputes

Should a dispute arise in connection with these Terms (Dispute), the party claiming a Dispute must notify the other party in writing and propose a resolution. The parties must meet at least once within 7 days after receiving the notice to resolve the dispute or agree on a method of resolving the dispute by other means in good faith. Every aspect of such a conference, except the fact that it took place, will be privileged. The Dispute may be referred to litigation by either party (by notice in writing to the other party) if the parties cannot resolve the Dispute within 21 days of receipt of the notice or if they cannot agree on a different method of resolving the Dispute.

11. General

Third party Websites. Our Website may contain links to third-party websites. We do not control, endorse or approve any of the content on those websites, except as stated otherwise.

Governing law. Victoria’s laws apply to these Terms. It is possible to access the Website both within Australia and abroad. No representation is made that the Website complies with the laws (including intellectual property laws) of any country outside of Australia. By accessing the Website outside Australia, you assume responsibility for complying with the local laws where you are located.

Waiver. If a Party fails or delays in exercising a power or right (whether at all or in part) under these Terms, it does not constitute a waiver or prevent it from exercising that power or right in the future. A waiver must be in writing.

Relationship between the Parties. The Terms do not create any partnership, joint venture, agency or other relationship between the Parties.

Severance. In the event that any provision of these Terms is held void, invalid, illegal or unenforceable, that provision will be read down as narrowly as necessary to allow it to remain valid or enforceable, failing which, that provision (or that part of that provision) will be removed from these terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

Assignment. No rights or obligations under these Terms may be assigned, either in whole or in part, without our prior written consent.

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

Geared Asset Finance Pty Ltd (ABN: 61 134 689 339)
Email: geared@gearedfinance.com.au