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Website & Platform Terms of Use

These terms of use outline how you are able to use our website, its subdomains, and the software application provided by us (“Website”).

In these website terms of use, we, us or our means OurMoneyMarket Holdings Pty Ltd ABN 30 614 872 105 and its wholly owned and related entities (collectively, “OMM” / “we” / “our” / “us”).

The term “you” or “your” are references to the person or entity accessing or using the Website, including use for the purposes of applying for any of the loans made available through or in connection with the Website (“Products”).

The use of the Website is subject to the terms and conditions contained in this document, our Privacy Policy and Credit Reporting Policy, any additional terms and conditions and notices displayed on the Website or notified to you from time to time (together “Terms of Use”).

Please read these Terms of Use carefully before using the Website or applying for any of the Products. If you have any questions about our Terms of Use or any queries or concerns about the Website, please email us at [email protected]. Alternatively, you can call us on 1300 990 115.

1.              Acceptance

1.1           These Terms of Use govern your access to and use of the Website, including any information, content or material that are located on, form part of or are available through or in connection with the Website (“Website Material”).

1.2           By browsing, accessing or using the Website, the Website Material or by using any facilities or services made available through the Website or by transacting through or on the Website (including for the purposes of applying for any of the Products), you acknowledge and warrant that you have read and understood, and agree to be bound by, these Terms of Use.

1.3           These Terms of Use form a legally binding agreement between OMM and you. If you do not agree to these Terms of Use, please do not access or use the Website.

2.              Types of Users

2.1           In order to register an interest in applying for a loan, you will need to provide certain personal information to us to enable us to contact you (at which point you will become an “Interested User”).

2.2           In order to apply for a loan, you will need to create a user profile with us (at which point you will become a “Registered User”).

2.3           Once you have submitted your request to create a user profile with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create a user profile with us and we do not need to give reasons for doing so.

2.4           Interested Users and Registered Users are referred to collectively in these Terms of Use as “Users”.

2.5           We may make varying levels of functionality available to Interested Users or Registered Users.

2.6           We will collect, hold, use and disclose all personal information you provide to us when becoming an Interested User or Registered User in accordance with our Privacy Policy. By accessing and using the Website, you acknowledge that you have read and accept our Privacy Policy.

2.7           If you are an Interested User or a Registered User, you:

  • warrant that you are 18 years of age or above;
  • warrant that you are properly authorised to provide OMM with any information which you provide;
  • agree to provide true, accurate and complete information and to keep this information up-to-date;
  • agree to OMM contacting you via the personal information you provide; and
  • agree to comply with these Terms of Use.

2.8           If you are a Registered User, you also:

  • must not disclose your login credentials for the Website to any other person;
  • acknowledge that the login and password are for your personal use only;
  • must take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to any other person or is observed by any other person;
  • if you have lost you login credentials, or you have any reason to believe that someone else has access to your account, you must notify us by calling us on 1300 990 115 or emailing [email protected] immediately; and
  • must change your password on a reasonably frequent basis and each time we prompt you to do so.

2.9           OMM has no obligation to any User to assist or involve itself in any way in any dispute between Users.

3.              General Information

3.1           The purpose of the Website is to provide Registered Users an online platform that facilitates applications for a loan, or the management of your loan.  .

3.2           The information contained in the Website is and should only be used as general information only. The information on the Website does not take into account your particular circumstances or borrowing objectives and requirements for a particular loan.

3.3           To satisfy yourself that a Product is satisfactory for you, you should make you own inquiries, to assess whether the information is suitable for your individual requirements and objectives. You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications of borrowing any money.

4.              Further Information 

4.1           Anyone wishing to apply for a loan will need to complete an application form online. Loans will be provided to Australian consumers only.

4.2           We will undertake a risk assessment including independently verifying the identity of any borrower or representative, shareholder, beneficiary or guarantor of a borrowing entity. You represent and warrant that you have the full authority to engage in any transaction you undertake.

4.3           Should you be approved for and subsequently offered a loan, the provision of the loan to you will be subject to separate terms and conditions as set out in a loan agreement. The loan amount, loan rate and details in relation to the loan will be set out in the loan agreement between you (or the relevant borrowing entity) and OurMoneyMarket Lending Pty Ltd (ABN 64 605 231 669)  trading as ‘Handy Finance Lending’ and ‘Handy Finance Services’ which is a subsidiary of the OurMoneyMarket Holdings and the lender of record for a loan.

5.              Use of Website

5.1           We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in these Terms of Use.

5.2           You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.

5.3           You must not add any content to the Website:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that would bring us, or the Website, into disrepute; or
  • that infringes the intellectual property or other rights of any person.

5.4           When using the Website, you must not:

  • infringe any intellectual property right of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
  • reproduce or adapt any part of the Website, Website Material or Website Content without our express written permission, which we may grant or withhold at our absolute discretion;
  • seek reimbursement from any other party for access to the Website, sell or on-sell any part of the Website Material, Website Content or any information obtained from the Website;
  • engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
  • submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
  • interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.

5.5           The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

5.6           The Website contains a broad range of content owned by or licensed to OMM, its related bodies corporate and partners. You acknowledge and agree that nothing in these Terms of Use grants you any right to, title in or licence of such content, and that you will access the Website in accordance with all applicable laws.

5.7           You acknowledge and agree that:

(a)             no claim is made as to the accuracy of authenticity of the content of the Website Material;

(b)            we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

(c)             the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

5.8           Acting reasonably, OMM may from time to time suspend or terminate your access to or use of the Website, if we believe that you are using the Website in contravention of these Terms of Use.

5.9           We will provide you reasonable prior notice before suspending or terminating your access to the Website, but we are not obliged to do so if we believe immediate suspension or termination it is necessary to protect the security and integrity of the Website, Website Material or Website Content.

6.              Intellectual Property

6.1           The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (“Website Content”) are the intellectual property of us, our content providers or our licensors, with all rights reserved. You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. You may contact us by emailing us at [email protected] if you wish to seek such consent.

6.2           Unless we agree or notify otherwise in writing, you are provided with a non-exclusive licence to access the Website only for your personal use or for the purposes of:

(a)             reviewing general information on the Website; and

(b)            reviewing further information as described in clause 4 of these Terms of Use, (together, Permitted Use)

6.3           Other than the licence in this clause, nothing in these Terms of Use should be construed as conferring any other licence to intellectual property rights, whether by estoppel, implication or otherwise. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, Website Material and Website Content.

7.              User Information

7.1           When using the Website, you may be able to submit or upload certain data, information and materials (“User Information”) to the Website (for example, personal and financial information). We are not responsible for the User Information. If you believe that there is a problem with any of the User Information, please notify us immediately.

7.2           Your IP address is the identifier for your computer when you are using the internet.

7.3           It may be necessary for us to collect your IP address for your interaction with various parts of our Website.

7.4           If you choose to submit any User Information, you must be legally entitled to do so. In particular, any User Information must not and you warrant that it does not:

  • deceive or be likely to deceive any person;
  • be used to impersonate any person (including OMM or its representatives);
  • misrepresent your identity or affiliation with any person;
  • be illegal or encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law; or
  • advertise any product or service or solicit any business.

7.5           You acknowledge and agree that we may edit or delete any of your User Information, or format it in a particular way.

7.6           By submitting the User Information you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Information (in whole or in part). You also waive any and all moral rights (as the term is defined in Part IX of the Copyright Act 1968 (Cth)) you may have in respect of the User Information and consent to any act or omission the doing or not doing of which infringe such moral rights, in both cases in favour of OMM, its licensees and successors in title.

7.7           You must not, whether as part of the User Information or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Website or any of its associated hardware or software.

8.              Cookies

8.1           We use ‘cookies’ to provide you with better and more customised service and with a more effective Website.

8.2           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.

8.3           We use cookies for different purposes such as:

  • to allocate a unique number to your internet browsers;
  • to customise our website for you;
  • for statistical purposes;
  • to identify if you have accessed any third party website; and
  • for security purposes.

9.              Information from third parties

9.1           Our Website may contain links to the websites of third party providers of goods and services (Third Party Websites).  If you have accessed Third Party Websites through our website, and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.

9.2           Where you access a Third Party Website from our website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.

10.           Advertising and tracking

10.1         When you view our advertisements on a Third Party Website, the advertising company may use ‘cookies’ and in some cases ‘web beacons’ to collect information such as:

  • the server your computer is logged onto;
  • your browser type;
  • the date and time of your visit; and
  • the performance of their marketing efforts.

10.2         When you access our website after viewing one of our advertisements on a Third Party Website, the advertising company collects information on how you utilise our website (eg which pages you view) and whether you complete an online application.

11.           Acceptance of Risk and Release from Liability

11.1         To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages arising from the use of the Website, Website Material or Website Content. 

11.2         To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use.

11.3         You agree that you are wholly responsible for your use of the Website and you use the Website at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website or your conduct in connection with the Website in any circumstance.

11.4         You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use or conduct in connection with the Website, including any breach by you of these Terms of Use, except for any loss, damage, costs or expense which arises from the mistake, error, fraud, negligence or wilful misconduct of us, our employees or a receiver we appoint.

11.5         These Terms of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a)             in the case of goods:

(i)              the replacement of the goods or the supply of equivalent goods;

(ii)            the repair of the goods;

(iii)           the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)           the payment of having the goods repaired, and

(b)            in the case of services:

(i)              the supply of the services again; or

(ii)            the payment of the cost of having the services supplied again.

11.6         This clause 11 survives termination of these Terms of Use for any reason and does not merge upon completion.

12.            Security

12.1         We will use our reasonable endeavours to minimise viruses and bugs from infiltrating the Website, however, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage you own computer system.

12.2         We regularly review developments in security and encryption technologies.  Unfortunately, no data transmission over the internet can be guaranteed as totally secure. 

12.3         We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.

12.4         If we no longer require your information, and we are legally permitted to, we will take all reasonable steps to destroy or de-identify the information.

12.5         We take reasonable steps to preserve the security of cookie and personal information in accordance with these Terms of Use and our Privacy 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).

13.           Governing Law

13.1         The content, operation and interpretation of the Website and these Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute arising out of, or in connection with, the Website.

13.2         Although the Website may be accessed throughout Australia and overseas, OMM makes no representation that the content provided by the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Website is not illegal or prohibited by laws which apply to you.

14.           Changes to Terms of Use

14.1         OMM may, from time to time and with or without notice to you, make changes to the Website, the Website Material or these Terms of Use. If we make any changes to these Terms of Use, an amended version of these Terms of Use will be displayed on the Website.

14.2         The current version of these Terms of Use displayed on the Website at the time you access or use the Website will apply each time you use the Website.

14.3         Your continued use of the Website after any changes are made to these Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, your only remedy is to discontinue your use of the Website.

15.           Termination of Terms of Use

15.1         These Terms of Use terminate automatically if, for any reason, we cease to operate the Website.

15.2         Any purported termination of these Terms of Use by you does not release you from, or affect, any accrued obligation under these Terms of Use.

15.3         You may cease to be a Registered User by notice in writing to OMM, provided that you do not have any loans or other amounts outstanding.

15.4         Upon termination of these Terms of Use for any reason:

(a)             any amounts you owe to OMM under these Terms of Use become immediately due and payable; and

(b)            you must destroy or delete any copy of any information collected from the Website you have in your possession or under your control.

15.5         Our disclaimer, Privacy Policy and these Terms of Use will nevertheless survive any such termination.

16.           General

16.1         If there is a contradiction or inconsistency between these Terms of Use and any other notices, policies, communications or documents relating to the Website, these Terms of Use will prevail to the extent of that contradiction or inconsistency.

16.2         In these Terms of Use, unless the context requires otherwise:

  • any reference to a ‘person’ includes any individual, company, corporation, firm partnership, joint venture, association, organization or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;
  • any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression are illustrative only and must not be constituted as limiting the generality of any proceeding words;
  • references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and
  • headings and sub-headings are inserted for convenience only and will not affect the meaning of these Terms of Use.

16.3         Your rights and obligations under these Terms of Use are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, subcontract or otherwise dispose of any or all of our rights and/or obligations under these Terms of Use without notice to you.

16.4         In any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

16.5         All figures and amounts displayed on the Website are in Australian dollars.