Quote Tool
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Terms of Service

  • About
    • Lend Capital Pty Ltd ABN 12 612 877 442 (Lend, we, us or our) makes the QuoteTool available for use to approved parties. The service we offer is the use of QuoteTool (Service).
    • QuoteTool is an online service accessible through our website which allows users to obtain finance quotes from selected lenders depending on the criteria entered by the user.
    • By subscribing to or using QuoteTool you agree to be bound by these terms.
    • You are free to negotiate the terms of this document with us.
  • Approval
    • Use of our QuoteTool is subject to:
      • your acceptance of these Terms and any additional Special Terms that we may agree to in writing;
      • our compliance with our Acceptable Use Policy and any other policy that we may introduce from time to time; and
      • your payment of our monthly subscription fees.
    • You warrant that all information you provide us in your application for approval is true and correct, and that where such information is no longer correct that you notify us immediately in writing.
    • Once we approve your application you and your employees have a limited right to use QuoteTool in accordance with these Terms.
    • You must not:
      • attempt to use our QuoteTool without first receiving our approval to do so;
      • provide your log in or access credentials to any third party without our written approval.
  • Our relationship with you
    • You are independent of us. Except in the case of anything to the contrary and to the extent set out in these Terms, you are not our employee or agent and have no authority to act on our behalf or to bind us. You must not allow any person to believe otherwise.
  • Lender suggestions
    • Once you enter variables required by QuoteTool, it will provide suggestions of suitable lenders who may be able to provide finance to your client and nominate the most suitable lender based on clause 4.2.
    • QuoteTool makes these suggestions based on:
      • lenders who have an agreement to be featured on QuoteTool;
      • an algorithm which uses data points including loan amount;
      • your settings and exclusions existing immediately prior to a submission into QuoteTool will influence results;
      • all quotes provided by lenders through QuoteTool are not finance offers and are subject to lenders terms, conditions and eligibility requirements;
      • quotes provided by QuoteTool are subject to change by lenders without notice.
    • QuoteTool will usually choose a suitable lender whose criteria is closest to match the applicant’s requirements but there may be instances where no suggestions or multiple suggestions can be made.
    • You acknowledge that:
      • not all lenders in the market are available to accept loans;
      • only lenders who we have agreements with may be available;
      • your settings will affect whether some lenders are excluded;
      • we do not give any warranty as to the suitability of a lender;
      • we do not warrant that Lenders will provide finance;
      • the choice of lender made by the QuoteTool may not provide the best rates or loan terms, and it is your responsibility to determine whether they are suitable to the needs of your client;
      • we may terminate our arrangements with certain lenders from time to time; and
      • the choice made by QuoteTool is not intended to be a comparison of the entire loan market.
  • Third Party Services
    • QuoteTool relies on third party services to operate such as:
      • Lender API in order to interact with the various lenders computer systems;
      • Third party address verification and fraud protection tools;
    • You acknowledge and agree that:
      • where Third Party Services do not operate properly there may be errors, and that it is your responsibility to verify all information provided by QuoteTool prior to application;
      • where Third Party Services do not operate properly our QuoteTool may not operate in whole or in part;
      • a failure in Third Party Services is not a failure in QuoteTool; and
      • we do not offer any service levels or give any warranties around the availability of our QuoteTool.
    • Where you acknowledge something, you agree that your use of our Service is subject to these acknowledgments.
  • Data
    • You consent to our use of de-identified data in order to:
      • improve our algorithm or the operation of QuoteTool;
      • use data to improve our business;
      • share insights with our partners and other users of QuoteTool;
    • In order for QuoteTool to function it requires:
      • you to access it via the internet;
      • it requires a broadband connection;
      • certain information to be collected and stored within QuoteTool, this information may include personal information, and other sensitive information.
    • You acknowledge and agree that:
      • access to the internet carries risks of having your devices, computers and network infected with viruses, trojans or other malware; and
      • you should use security and anti-virus software to protect your devices, computers and networks that access the internet.
    • You consent to the collection, use, disclosure and storage of personal information, and sensitive information in order to use our Service including on the terms of our Privacy Policy and Collection Statement, and you warrant that you have obtained this written consent from clients prior to entering any data through our QuoteTool.
    • You consent to our use of personal information for marketing purposes. We will never sell your personal information, and sensitive information. You may opt out of receiving communications including those referred to in clause 7, from us at any time, however, we may not be able to provide our Service in some circumstances where you do.
    • You must ensure and warrant that you will not introduce into QuoteTool or our servers any:
      • malware, adware, viruses, or Trojans;
      • other content or material which may be detrimental to us or users of Lender Partner including racism, sexism, violence, gambling, tobacco, pornography, unlawful content or any form of discrimination or harassment.
  • Notifications
    • QuoteTool has a default setting to send you various notifications.
    • You have the options of customizing which notifications you would like to turn on or off.
    • We recommend that all notifications remain turned on, however, where you turn some notifications off it may impact the effectiveness of QuoteTool.
    • You must use your best endeavours to ensure that:
      • people you nominate to receive notifications from QuoteTool are aware and have agreed to receive such notifications;
      • You do not use QuoteTool to harass, stalk or intimidate anyone.
  • Limited license
    • You have a limited license to use QuoteTool subject to these Terms.
    • You must not:
      • reverse engineer, adapt, disassemble, decompile, copy or replicate QuoteTool or any part of it; and
      • do anything which compromises or adversely impacts the operation of the QuoteTool.
  • Confidential information
    • Confidential information means information of any kind and in any form:
      • relating to you, to us, our clients, our business, projects, technology, software, processes, plans, strategies, finances, intellectual property, trade secrets, research, contractual arrangements and personnel;
      • which by its nature is confidential or which a party knows or ought to know is confidential;
      • which may provide a party or another person with a commercial advantage; and
      • which if disclosed may be detrimental to the interests of the party whose confidential information is in question.
    • Confidential information does not include information which can be shown:
      • is in or comes into the public domain other than by way of unauthorised disclosure;
      • was already known to a party at the date of disclosure (as evidenced by written records) without any obligation of confidentiality; or
      • was lawfully disclosed by a third party to a party without any restriction as to its use or disclosure.
  • Confidentiality obligations
    • A party must in relation to confidential information:
      • use it solely for the purposes of performing its obligations under these Terms;
      • hold it in strictest confidence and not disclose, release or make it available to any person except with prior written consent;
      • not copy, reproduce, publish or circulate it or allow any other person to do so, except as permitted by these Terms;
      • take all steps necessary to prevent its unauthorised disclosure;
      • upon request, return it or destroy it and certify that it has been done;
      • notify the other party immediately in writing if it is suspected or aware of any unauthorised disclosure; and
      • do anything reasonably required to restrain unauthorised disclosure or mitigate any damage which may result from unauthorised disclosure.
    • Nothing in these Terms prevents disclosure of confidential information where required by law provided the party whose confidential information is in question is given as much prior notice as possible and the disclosure is limited to the extent of the legal requirement.
  • Privacy
    • We will handle personal information in accordance with our Privacy Policy, as located on our website from time to time.
  • Intellectual Property
    • We own the intellectual property rights in QuoteTool and the associated trademarks, domain names and websites.
    • You must not:
      • do anything which may infringe, jeopardise or challenge such rights;
      • commercialise or attempt to commercialise such rights.
  • Liability
    • To the maximum extent permitted by law:
      • our Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
      • neither party is liable for any direct, indirect or consequential loss, damage, cost or expense of any kind (however caused or arising, including by negligence) arising from or in any way connected with us, our Service or your use of QuoteTool; and
      • each party’s liability under these terms is capped at $2000.
    • If you are an Australian consumer, within the meaning of the Australian Consumer Law (‘ACL’), the ACL sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
  • Suspension or Termination
    • We may suspend or terminate your use of QuoteTools where we become aware of or suspect:
      • a breach of these Terms;
      • unlawful act or omission including actual or suspected fraud;
      • any act or omission which threatens the security and stability of our QuoteTool or the infrastructure that supports it.
    • You may cease using our Service at any time on written notice.
  • Obligations
    • A party must in relation to confidential information:
      • you comply with our reasonable directions;
      • you promote finance products with due care, and skill, in a professional manner;
      • you do not mislead or deceive anyone , and only use up to date and relevant information to promote finance products;
      • ensure that you hold all necessary licenses and regulatory approvals required to use our Service;
      • you comply with all applicable laws and comply with the AFIA Online Small Business Lenders Code of Practice, National Consumer Credit Code and possess an Australian Credit Licence or Representatives Licence;
      • you act honestly and in good faith with us and with customers who you are using the Service for;
  • GST
    • All subscription fees quoted for QuoteTools are inclusive of GST unless we say otherwise in writing.
    • We may recover any GST payable under this clause.
    • We may issue a recipient created tax invoice where we make a taxable supply.
  • Subscription Fees
    • In addition to your obligations under these Terms you must pay us a monthly subscription fee (Subscription Fee).
    • The Subscription Fee is either:
      • the standard fee as fixed by us from time to time; or
      • the fee we agree to with you in writing.
    • The Subscription Fee must be paid by way of direct debit via credit card or debit card or in any other manner we may approve in writing.
    • We may charge you credit card processing fees for payments made by credit card.
    • If any tax, impost, duty or charge applies to our provision of the Service to you, you must pay this in addition to our fee, unless we say otherwise in writing.
    • We may change our fee structure at any time by publishing a revised version, but changes will not apply retrospectively.
    • Our cancellation and refund policies are set out on our website. Where an account is canceled, we will act in accordance with the terms of our cancellation and refund policy.
    • All of our fees are expressed and charged as AUD$.
    • Unless we say otherwise subscription fees are payable either monthly or annually in advance.
    • To the extent permitted by law, if your subscription is terminated for any reason other than our breach of these Terms, fees are not refundable in whole or in part.
  • Miscellaneous
    • We may amend these Terms from time to time by giving you written notice. Amendments will not apply retrospectively.
    • You may not assign any part of your rights or obligations under these terms without our prior written consent.
    • The parties rights, remedies and powers under these terms are cumulative and not exclusive of any rights, remedies or powers provided to us by law.
    • If we overlook a breach of these Terms on one or more occasions, we are not taken to have agreed to any future breach.
    • If a provision of these Terms is unenforceable it must be read down, to the point of severance if necessary.
    • These Terms and any written Special Conditions (agreed to by the parties mutually in writing) constitute the entire agreement between you and us in relation to its subject matter and supersede all other agreements, arrangements or understandings.
    • These Terms are not to be construed against a party because that party was responsible for its preparation.
    • These Terms are governed exclusively by the law of Victoria, Australia, and any dispute may only be heard in the Courts of Victoria Australia.