Website Policy

Effective: 1st September 2020

1. Introduction

The Terms of Use of the BidFin website (“Site”) include these Terms of Use, the Privacy Policy and any other terms and conditions that appear in or are linked to the BidFin website.

In these terms:

BidFin, We, Our or Us means BidFin Capital Pty Ltd ACN 622 308 972 of Tower 3, Level 25, 300 Barangaroo Ave, Sydney NSW 2000.

You or Your means customers and investors.

Services means creating and accessing borrowing and lending accounts, monitoring payment plans, participating in groups and any other features or content We may add in the future.

2. Website Content, Access and Acceptance

The following terms (“Terms of Use”) between You and Us set forth the terms and conditions for Your use of the Site. By accessing, browsing, or using this Site, or any available facilities through it, indicates that You have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. If You do not accept these terms, then do not use the Site.

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 most recent published Terms of Use.

To the maximum 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 regulations. You consent to using electronic means to form, or accept, or agree to, or bind You to, legal obligations. Therefore, where You indicate through electronic means Your agreement to, or offer and acceptance of, terms and conditions, offers and other documents, You will be taken to have agreed to or signed them.

To access BidFin’s services You will also need to agree to receive notices, information and other disclosures in electronic form. You agree that where We are required, by law or otherwise, to provide You with any documentation You consent to receive notices, information and other disclosures, and to use the provision of that document electronically through the links on this Site or any other means We choose to use. You acknowledge paper documents may not be given to You and You must regularly check Your email, Your Account or text messages for the documents.

 

3. No Warranty

The information and materials contained in this Site, including text, graphics, and links or other items are provided as general information only and not as advice. We do not warrant (expressed or implied) or represent that the Site material is accurate, complete, up to date or adequate, and expressly disclaim liability for errors or omissions in this information and materials. You should seek professional financial advice in connection with the information and materials in connection with Our Services. We do not warrant (expressed or implied) or represent that the Site is free from viruses or that You will have continuous access to the Site. You warrant that the material You upload to our Site is true and accurate. Your use of the Site is entirely at Your own risk.

 

4. Indemnification

You agree to indemnify, defend and hold harmless BidFin and its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients, for any losses, costs, liabilities and damages that BidFin and its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients may suffer or incur as a result of or in connection with:

1. Your use of or inability to use the Site or the Services;
2. Your conduct in connection with the Site, including any breach by You of these Terms of Use;
3. Your provision of data, which is incorrect, inaccurate or incomplete; and
4. Your violation of any applicable laws, rules or regulations.

 

5. Limitation of Liability

To the maximum extent permitted by law BidFin excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Site content and the use or performance of the Site except to the extent that the loss or damage is directly caused by BidFin’s fraud or wilful misconduct.

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 of or conduct in connection with the Site, including any breach by You of these Terms of Use. This limitation applies even where BidFin knows or ought to know of the potential that such loss may be caused.

You must take Your own precautions to ensure that the process which You employ for accessing the Site does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system. We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your use of the Site or any linked website.

 

6. Acknowledgment

You acknowledge that BidFin may not be able to provide services to every person who seeks to use the services. BidFin gives no assurances that any person will be able obtain business funding through using BidFin’s services and We reserve the right to decline a credit application.

Separate terms and conditions contain the terms and conditions of agreements under which services may be provided. If You are interested in obtaining any services which are described on the Site it is essential that You obtain those terms and conditions, read them, and obtain independent legal and financial advice on them. They contain the terms and conditions of the agreements which may be entered into. The material available on the Site is only a summary or outline of some features of those agreements.

 

7. Registration

To access the full range of Our services and to view all the available details We require that You register an account, thereby becoming an Account holder (“Account”) using a valid email, a user name, a secure password and security question. Each registration is for a single user. You must not share Your username and password with any other person nor with multiple users on a network.

You are responsible for maintaining the confidentiality of Your password and security question at all times. Please notify Us immediately of any unauthorised use or any other breach of security in relation to Your Account. You may not use an Account held by any other individual or entity to access Our services at any time.

8. Privacy Policy

Your access to the Site is subject to the BidFin Privacy Policy, disclaimers and any other relevant content published on the 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.

9. Public Submissions

If You provide any content to any publicly accessible areas of the Site, it will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, and ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without notice or compensation to You.

 

10. Intellectual Property

The entire contents displayed on this Site, including but not limited to the structure, appearance, and arrangement of the content, relating to or arising out of the Site and available through or in connection with the Site, is the property of BidFin and is protected by copyright, trade mark and other intellectual property laws.

Any such content may be displayed and printed solely for Your commercial use of Our Services provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, and broadcast or circulate any such material to any third party without the express prior written consent of BidFin.

Save for the above, and unless expressly granted, BidFin does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Site or in the user interface of the Site.

11. Term and Termination

You accept these Terms of Use and this agreement becomes effective (and will remain in effect indefinitely unless terminated in accordance with the terms) upon Your use of the Site or Services by visiting this website. We reserve the right to terminate or suspend Your access to any of the Services, without notice.

12. Availability

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

13. Governing law

Use of this Site shall be governed by all applicable laws of New South Wales, Australia.

If any of the terms are deemed invalid, void or unenforceable, it will be severed from the Terms of Use and the remaining terms will remain valid and enforceable.

14. Changes to the Terms of Use

We may change the Terms of Use from time to time. It is Your responsibility to remain familiar with the most current versions of the policies. If You object to the changes then You must immediately stop using the Site.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 2 years.