Alt Fin Pty Ltd ABN 51 606 617 921 (“LoanDolphin”, “we”, “our” or “us”) operates an online marketplace at www.loandolphin.com.au (“Platform”), including any mobile application operating in conjunction with the Platform.
These terms and conditions (“Terms”) are between LoanDolphin and any person that accesses or uses the Platform or the Services described in clause 1 (“User”, “you” or “your”). These Terms are a separate agreement and are in addition to any other agreements you may have with us.
LoanDolphin may amend or modify these Terms at any time and will post any updated Terms, and a notice of such change, on the Platform.
1. SCOPE OF LOANDOLPHIN SERVICES
1.1 LoanDolphin provides a Platform whereby:
a) People seeking financial assistance loans or credit (“Borrowers”) can post details and criteria of the financial credit they are seeking on the Platform (“Posts”).
b) Financial service providers, such as brokers and financial institutions (“Providers”), can respond to Posts with indicative offers of financial assistance, such as credit or loans (“Bids”).
c) Borrowers may select Bids and enter into correspondence with the Providers of such Bids. (each a “Lead”)
d) The Borrower may then accept a Lead it believes is most suitable for its circumstances (“Successful Lead”) and enter into a separate contract with the Provider (“Credit Contract”),
1.2 A reference to a “User” in these Terms includes Borrowers and Providers.
1.3 A User who is a Borrower can access and use the Services by validly completing a registration form and creating an account with us on the Platform.
1.4 A User who is Provider must also accept the separate terms applicable to Providers in order to use the Services at the time of validly completing a registration form and creating an account with us on the Platform or by executing an agreement with us (“Provider Agreement”). The Provider Agreement does not in any way limit a Provider’s obligations as a User under these Terms when accessing or using the Platform or Services, however if there are any inconsistencies between these Terms and the Provider Agreement, then the Provider Agreement will prevail.
1.5 The Services may be reviewed and updated from time to time. The Services may be further described on the Platform and in the Provider Agreement (for Users of the Services who are Providers).
1.6 LoanDolphin provides the Services enabling Borrowers to connect with Providers only. The Services provided by LoanDolphin do not include the provision of any form of financial services, products, advice or assistance (such as credit, credit services, credit assistance, credit activity or any other form of credit contract) or other form of professional advice, by LoanDolphin itself.
1.7 Any contract, such as that for the provision of credit, credit services, credit assistance, credit activity or any other form of credit contract, entered into between Users (“Credit Contract”) forms a separate agreement between such Users, and such Users remain responsible for fulfilling their obligations under a Credit Contract, not LoanDolphin.
1.8 LoanDolphin accepts no responsibility or liability to you or any third party (including another User) for any aspect of interaction between Users (whether via the Platform or outside of the Platform), including any Posts, Bids, Leads, Successful Leads or any form of communication, engagement, transaction, information or other material, such as requests, details, criteria, product or service details, offers, statements, representations, rates, securities, reports, analyses, data, advice, recommendations, investments, terms and conditions, product disclosure statements, key fact sheets, Credit Contracts or personal information, provided by Users (“User Supplied Information”). Accordingly, you agree that:
a) any such interaction between a Borrower and Provider is directly between such Users;
b) all User Supplied Information is supplied by the relevant User and LoanDolphin does not warrant the truth, adequacy, accuracy, suitability or completeness of any aspect of User Supplied Information; and
c) LoanDolphin has no obligation to assist or involve itself in any way in any such interaction between Users, including any disputes between Users.
1.9 The Services are prepared on a general basis, which may not be appropriate or meet a User’s specific purposes, circumstances, requirements or expectations, including that relating to quality of any products, services, communication, information, engagement, transaction or other material obtained in your use of the Services. LoanDolphin does not warrant, recommend or endorse any of its Users, including a Provider’s skills, expertise or ability to provide its goods or services or the Borrower’s ability to re-pay any credit requested. It is your responsibility to assess the suitability and appropriateness of your use of the Services, including for your specific purposes, and make all enquiries, arrangements or verifications in relation to your use of the Services, your interaction, communication and engagement with other Users, with respect to any User Supplied Information or a Credit Contract and obtain your own financial, investment or other professional advice.
1.10 You acknowledge that the Platform, and the Services, are provided over the internet and LoanDolphin does not warrant that the Platform, and the Services, will operate uninterrupted or error free, however LoanDolphin will use reasonable commercial efforts to enable you to use the Platform, and the Services, in accordance with these terms and to protect the security and integrity of the Platform and the Services.
1.11 You may contact LoanDolphin at any time during the support hours specified on the Platform to request support with any aspect of your use of the Services. LoanDolphin will make reasonable commercial efforts to resolve such support requests within a reasonable time. If the support is in relation to your account, LoanDolphin only provides assistance and support contemplated under this clause to the nominated User name for the account.
1.12 LoanDolphin will ensure it complies with applicable law and is authorised to provide the Services, including holding and will maintaining all qualifications, registrations, certificates, licences, authorisations, permits, admissions, insurances, bonds, guarantees, undertakings and the like required by applicable law in order to carry on its business and provide the Services.
1.13 From time to time, LoanDolphin may enter into agreements with business partners (“Business Partners”) to enable Business Partners to acquire aspects or functions of the Platform, such as engaging with Borrowers on the Platform … [to be further elaborated on to contemplate possible white label agreements and how these terms and any additional terms of Business Partners may apply in conjunction with these Terms?]
2. PAYMENT AND COMMISSION
2.1 Access and use of the Platform or to create an account if the User is a Borrower is free.
2.2 If a User is a Provider, then they must pay LoanDolphin the fees as set out in the Provider Agreement.
2.3 You acknowledge that LoanDolphin may receive a referral commission from Providers. LoanDolphin may share such commission paid to it with others without disclosing such arrangements to Users.
2.4 Any payments, fees or charges payable by you to another User, such as for their services or products under a Credit Contract, remains the responsibility of such Users and LoanDolphin has no responsibility or liability whatsoever in relation to any payments, fees or charges payable by you to another User.
3. USERS’ OBLIGATIONS
3.1 You must:
(b) have the power to enter into and observe your obligations under these Terms, including entering into a Credit Contract;
(c) only post accurate information on the Platform;
(d) promptly and efficiently perform all your obligations under a Credit Contract and to LoanDolphin under these Terms;
(e) remain responsible for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services or equipment needed to use the Platform or the Services;
(f) remain responsible for the provision, maintenance, truth, accuracy, relevance, suitability, completeness and quality of any User Content and personal information provided by you when using the Services, including when communicating or engaging with other Users;
(g) co-operate with LoanDolphin in any monitoring of the Platform, Services or activities of Users such as to ensure compliance with the obligations under these Terms and applicable law, including if necessary, the auditing of such obligations; and
(h) if the User is a Provider, comply with the terms of your Provider Agreement.
3.2 You must not:
(a) distribute, rent, loan, lease, sell, sublicense, transfer or otherwise exploit all or part of the Platform or Services, or any rights granted under these Terms, including any LoanDolphin Content or User Content, to any other person;
(b) modify, translate, adapt, arrange, or create any adaptation or modification to the Platform or Services, including any LoanDolphin or User Content, for any purpose;
(c) copy any content (whether provided by LoanDolphin, another User or a third party, including LoanDolphin Content or User Content) on the Platform without our prior written permission;
(d) promote itself as an agent of LoanDolphin in any manner or make any promise or representation on LoanDolphin’s behalf;
(e) engage in any conduct that is fraudulent, misleading, deceptive, unfair, unconscionable or unlawful; or
(f) use the Platform or Services for any illegal or immoral purpose.
3.3 Your acknowledge and agree that when you enter into a Credit Contract you create a legally binding contract with another User (unless the transaction is prohibited by law or these Terms). If you have entered a Credit Contract you must comply with the terms of that Credit Contract including providing the goods or services or paying the price as applicable. If you do not comply with your obligations to another User under a Credit Contract, you may become liable to that other User. If another User breaches any obligation to you, you – not LoanDolphin – are responsible for enforcing any rights that you may have with that User.
4. POSTS, BIDS, Leads and SUCESSFUL LEADS
4.1 A Post must describe accurately the Borrower’s request, details and criteria.
4.3 As well as the mandatory details set out in clause 4.2, a Borrower may choose to specify additional details, criteria or requests that s/he wants to apply to their Post.
4.4 Posts and Bids are visible to other Users. All Users of the Platform must take care when communicating Posts and Bids and must not disclose any personal information such as full name or address, phone number or email address.
4.5 In submitting any User Supplied Information, you also consent to us providing your User Supplied Information to other Users for the purposes of providing the Services to you under these Terms.
4.6 Selecting Bids and potentially entering into a Credit Contract is entirely at the discretion of the Borrower. If no Bid is selected by a Borrower within [insert period of time] then LoanDolphin’s algorithm may select a Bid for the Borrower if there is one that matches the criteria supplied by the Borrower. Such selection is done by a formula and is not at the discretion of LoanDolphin and remains based on the User Supplied Information and it matching Bids. Accordingly, it remains the Borrower’s responsibility to select or deselect any Bids, or enter into a Credit Contract. Borrowers may withdraw any Posts or selected Bids, Leads or Successful Leads at any time prior to entering into a Credit Contract.
4.7 Bids are indicative offers only and choosing to offer a Bid in response to a Post is at the complete discretion of Providers.
4.8 If a User wishes to complain about any comment made on the Platform, you can either use the “Report” function available from time to time on the Platform, or email LoanDolphin using the contact information on the Platform.
5. YOUR ACCOUNT
5.1 To create and account and use the Services you must be able to form legally binding contracts under applicable law. The Services are not available to persons under 18 years of age. If you do not qualify to use the Services, you must not use the Services.
5.2 You must maintain control of, and remain responsible for, all activity occurring under your account. You must not deal with your account (including any associated User ID, login or passwords) in any way, including selling the account or any of its content to another person, and you must prevent any unauthorized access to, or use of, your account or the Services. You must notify LoanDolphin promptly of any unauthorized access or use.
5.3 At its absolute discretion, LoanDolphin may refuse to allow any person to register or create an account on the Platform or cancel or suspend any existing account without liability to you or any third party.
6. Access, Use and Security of the Platform and Services
6.1 In accessing and using the Platform or the Services, Users must not (and must not permit or direct any other third party to):
(a) post any information that is, in any way whatsoever, potentially or actually harmful to LoanDolphin or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by LoanDolphin or any other person;
(b) submit any infringing, obscene, defamatory, libellous, threatening, harassing, threatening, false, misleading, deceptive, fraudulent or otherwise unlawful or tortious material, including material that violates or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy rights;
(c) interfere with or disrupt the integrity or performance of the Services, Platform or the data contained therein;
(d) attempt to gain access to the Services, the Platform or related systems or networks in a manner not permitted by these Terms;
(e) post, transmit or otherwise make available through or in connection with the Services or Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs;
(f) restrict or inhibit any other person or entity from using the Services or the Platform;
(g) remove any copyright, trademark or other Intellectual Property Rights or proprietary rights from the Services or the Platform;
(h) reverse engineer, decompile, dissemble, frame or mirror any portion of the Services or the Platform, or otherwise incorporate any portion of the Services or the Platform into any product or service;
(i) systematically download and store the Services or the Platform content, including copying and using any LoanDolphin Content or Borrower Content, such as ratings, feedback or reviews relating to a User for its own purposes;
(j) imply any affiliation or endorsement of you, or any organization, by LoanDolphin except with our express written consent;
(k) operate the Services as a bureau service;
(l) pretend that you are or represent someone else, or impersonate another person; or
(m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather the Services content or data, or reproduce or circumvent the navigational structure or presentation of the Services or the Platform.
7. Ownership and Intellectual Property Rights
7.1 Subject to clause 7.3, LoanDolphin owns or retains all right, title and interest in any content created (or which otherwise comes into existence) by LoanDolphin or on behalf of Loan Dolphin by a third party (including all developments, modifications or enhancements to such content) in connection with, or appearing on or within, the Services or the Platform, including any data and aggregated data (other than User Content but may be data created in relation to User Content and the use of the Platform or the Services by a User), business names, trade marks, logos, images, product and/or service descriptions, names, information, and all intellectual property rights therein (collectively, “LoanDolphin Content”).
7.2 The User must not display or use any LoanDolphin Content without LoanDolphin’s express prior written permission. LoanDolphin grants to Users a revocable, non-transferable and non-exclusive licence to use LoanDolphin Content for the purpose of using the Platform or the Services in accordance with this Agreement.
7.3 The User owns or retains all right, title and interest in any content (whether created by the User or a third party) that is supplied by, or on behalf of, the User when using the Services, including any User Supplied Information, business names, trade marks, logos, images and all Intellectual Property Rights therein (collectively, “User Content”).
7.4 The User grants to LoanDolphin, its affiliates, employees and contractors an unrestricted, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, copy, adapt, distribute or incorporate its User Content for any purpose, including marketing purposes, in connection with providing the Platform and Services under these Terms.
7.5 You acknowledge and agree that all User Content is supplied by the relevant User. LoanDolphin does not have any responsibility to review, approve or verify any User Content, nor do we make any warranty or representation in relation to User Content. However LoandDolphin reserves the right to remove, in its sole discretion, any User Content you have submitted on the Platform, or when using the Services, for any reason without liability to you or any third party.
8. THIRD PARTY SERVICES
8.1 LoanDolphin, or other Users such as Providers, may from time to time include on the Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by LoanDolphin.
8.2 Third Party Services are offered to you pursuant to terms and conditions offered by the third party, including any fees applicable to such Third Party Services. Third Party Services may be promoted on the Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
8.3 If you engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider.
8.4 LoanDolphin makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, please let us know of any issue that you experience using a Third Party Service by contacting us via the contact details set out on the Platform.
9. VERIFICATION TOOLS AND FEEDBACK
9.1 The Services may include tools to help Users verify the identity, qualifications, certifications, information or skills of other Users (“Verification Tools”). Verification Tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a User of the Services to post a reference on the Platform endorsing another User, such as Provider), integration with social networking sites such as Facebook, Twitter and Linked In and other icons or badges displayed in association with a User. The verification Tools may be modified at any time.
9.2 You acknowledge and agree that the Verification Tools may not be fully accurate as verification Tools are dependent on User-supplied information and/or information or provided by third parties. Accordingly, Users are solely responsible for identity verification and LoanDolphin accepts no responsibility for any use that is made of any Verification Tools.
9.3 The Platform may also include a User-initiated feedback system to help evaluate User(s).
9.4 LoanDolphin retains the discretion and/or right to remove without notice or liability to you or any third party any form of verification or feedback if the User to whom the verification or feedback relates is in breach of any of these Terms or applicable law, or such verification or feedback has been issued or obtained incorrectly, falsely, has expired, is no longer valid or for any other reason requiring its removal by LoanDolphin.
10. LIMITATION OF LIABILITY
10.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) and any other applicable legislation or rules of any jurisdiction, the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void (“Non-excludable Rights”), to the extent permitted by law LoanDolphin specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with your use of the Platform or Services, including any User Content, Credit Contracts, Third Party Services or any other form of interaction, communication, engagement or dispute with other Users.
10.2 Except for liability in relation to any Non-excludable Rights, the Platform and the Services are provided on an “as is” basis, and without any warranty or condition, express or implied, including those regarding title, merchantability, fitness for a particular purpose, non-infringement or that the use and operation of the Platform or the Services, including any User Content, will be transmitted in uncorrupted form or within a reasonable amount of time, to the extent allowed by law.
10.3 Except for liability in relation to a breach of any Non-excludable Rights, LoanDolphin’s maximum aggregate liability to any User for a breach of this agreement arising out of or in respect of any use of the Platform or Services is limited to the total amount of AUD $50.
10.4 For liability in relation to breach of any Non-Excludable Rights, to the extent permitted by applicable law, LoanDolphin’s liability is limited, at its option, to the cost of repairing or replacing any defective goods or services, or supplying again or paying the cost of having supplied again any defective goods or services.
10.5 You indemnify LoanDolphin and its directors, officers, employees, contractors and agents from and against all losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable legal costs) arising as a result of (i) any wilful, unlawful or negligent act or omission by you (ii) any claim by any third party, including another User, arising out of or in any way connected with your use of the Services, the Platform or due to breach of the your obligations under these Terms or applicable law; (iii) your User Content; (iv) the Credit Contract; or (v) any disputes you have with other Users.
12. MODIFICATIONS TO THE AGREEMENT
13. NO AGENCY
13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms. In particular you have no authority to bind LoanDolphin, its related entities or affiliates in any way whatsoever.
14.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to LoanDolphin’s contact address as displayed on the Platform, or to a Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) hand delivered, on delivery;
(b) sent by prepaid post, (seven) 7 days after the date of posting (unless an earlier date of receipt is acknowledged by the addressee);
(c) sent by email, when the sender’s email system generates or receives a message confirming receipt of (but not opening of) the email notice unless, within 24 hours after that transmission, the recipient informs the sender that it has been unable to read the entire notice; or
(d) via the Platform.
15. MEDIATION AND DISPUTE RESOLUTION
15.1 LoanDolphin encourages you to try and resolve disputes with another User directly. However, you acknowledge and agree that LoanDolphin may, in its absolute discretion, provide such of your information as it decides is suitable, to another User involved in a dispute with you.
15.2 If LoanDolphin provides information of another User to you for the purposes of resolving a dispute under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify LoanDolphin against any claims relating to any other use of information not permitted under these Terms.
15.3 If you have a complaint about the Services please contact us here.
16.1 Unless otherwise agreed with us (such as in a Provider Agreement), LoanDolphin may terminate or suspend your use of the Services, your account, and these Terms at any time for any reason.
16.2 Unless otherwise agreed with us (such as in a Provider Agreement) you may terminate your use of the Services, your account, and these Terms at any time for any reason. If you terminate under this clause, then you must stop using the Platform and the Services.
16.3 Unless otherwise agreed with us or stated in these Terms, LoanDolphin is not liable for any damages, liabilities, losses (including loss of User Content) that a User or any other third party (including another User that you engage with) may incur, as a result of any termination or suspension of your use of the Services or your account under these Terms.
16.4 Termination of these Terms does not affect any Credit Contract that has been formed between you and another User.
16.5 Clauses 7 (Ownership and Intellectual Property Rights), 10 (Limitation of Liability), and 15 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.
17.1 This Agreement is governed by the laws of New South Wales, Australia. You and LoanDolphin submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
17.2 These Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
17.3 These Terms may be assigned or novated by LoanDolphin to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms.
17.4 If a dispute arises under the App Terms, the parties will attempt to resolve the dispute in good faith, prior to commencing any form of litigation or legal proceedings. During the continuance of any dispute, each party must continue to perform its obligations under the App Terms.
17.5 Users are not our employees, contractors or agents and these Terms are not intended to create a partnership, joint venture, agency relationship or any other affiliation or association between the parties.
17.6 These Terms sets out the entire understanding and agreement between you and LoanDolphin with respect to its subject matter.