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dfinanz: Terms & Conditions of Use

Terms of Use

To use Dfinanz you must agree to the Dfinanz Terms of Use below.

1.0 Disclosures and Warnings

This Terms of Use is for dfinanz Pty. Ltd (ACN 600 895 396 ACL 474816) (“dfinanz”) customers. For the purposes of this policy, “our/we/us” refers to dfinanz.

1.1 Disclosure and Warnings to people who view postings on dfinanz.com:

1. Any information posted on the website has been prepared without taking into account your objectives, financial situation or needs and as such, you should before acting on the information or advice, consider the appropriateness of the information or advice in relation to your objectives, financial situation or needs. Please be aware that any information posted on this site should not be considered to be financial product advice.

2. Any postings or comments are at best general information, not professional advice prepared by taking into account any individual circumstances and needs of particular individuals. Therefore, before acting on the basis of what is said in a posting, you should:

a. Consider consulting a licensed financial professional (ASIC provides a list of licensed financial advisers at its website www.asic.gov.au);

b.Visit ASIC’s consumer website (MoneySmart) at www.moneysmart.gov.au for general information and advice about consumer credit;

3. People posting or commenting on posts are individually responsible for the accuracy and authenticity of their posts or comments;

4. You will not have access to ASIC-approved dispute resolution schemes or processes to recover any losses that you may incur by relying on content that has been posted or any comments associated with the content;

5. In the event that you identify postings or comments that have the potential to mislead or deceive people who view or use the information contained in the post or comment it is advisable to click the ‘Report’ button located at the bottom of the post to notify Dfinanz and/or alert ASIC on 1300 300 630;

6. Due to the global nature of Dfinanz’s Social Network it may be hard to identify or locate the person posting or commenting on a post. The person may be residing in a foreign jurisdiction and therefore it may be difficult to take any legal action against them;

7. Offers for financial products cannot be offered to you through postings or comments in Dfinanz. In the event you identify any offers for financial products being made via Dfinanz’s Social Network it is advisable to click the ‘Report’ button located at the bottom of the post to notify Dfinanz and/or alert ASIC on 1300 300 630.

1.2 Disclosure and Warnings to people who post or make comments on dfinanz.com:

1. Only financially related content is permitted to be posted or commented on in Dfinanz’s Social Network. Dfinanz reserves the right to remove content at our discretion that we deem to not be financially related and where required notify the relevant authorities in your jurisdiction and provide evidence of this content accordingly;

2. You are personally responsible for your posts and comments (including any alterations that you make to posts or comments). Therefore, you should not include any misleading or deceptive information in your posts or comments and not carry out illegal or unauthorised activities using Dfinanz’s Social Network. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you;

3. If you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable to you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites;

4. If Dfinanz reasonably suspects or determines that you are making illegal or unauthorised posts or comments, your right to make posts or comment will be withdrawn. Dfinanz also reserves the right to suspend or terminate your account at any time.

1.3 Disclosure to people who use polls on Dfinanz.com:

1.     Dfinanz may offer polls on its website and offer insights concerning the poll results for general use. By  using or viewing any of the polls, you understand and agree to:

a.    The polls are anonymous, and Dfinanz cannot and will not try to identify you as an individual;

b.    The information provided by any of the polls is not influenced by Dfinanz and reflects a true opinion of those that vote:

c. Dfinanz takes no responsibility for the use, accuracy or information provided in the polls;

d. Should you choose to provide comments about a poll, your comments become the property of Dfinanz and are available for use by Dfinanz at its discretion.

2.0 Acceptance of Terms

Dfinanz provides its service to you subject to the following Terms of Use ("TOU") which may be updated by us from time to time without notice to you. In addition, when using particular Dfinanz owned or operated services, you and Dfinanz shall be subject to any posted guidelines or rules applicable to such services which may be updated from time to time.

3.0 Dfinanz’s Services

Dfinanz provides users with access to a collection of resources, including forums and consumer credit referral services (the "Service"). You also understand and agree that the Service currently does not include advertising it may elect do so in the future and that these advertisements are necessary for Dfinanz to provide the Service. You understand and agree that the service may include certain communications from Dfinanz directly, such as service announcements, administrative messages, Dfinanz Newsletters, and that these communications are considered part of Dfinanz Social Network membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Dfinanz properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that Dfinanz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

4.0 Your Registration Responsibilities

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dfinanz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dfinanz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 7 below) are appropriate for your child.

5.0 Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy and you acknowledge and consent to Dfinanz using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full privacy policy at https://dfinanz.com/termsandconditions/privacypolicy

6.0 Personal Password & Security

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dfinanz of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Dfinanz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

7.0 Registered Member Conduct

You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Dfinanz, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Dfinanz does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dfinanz be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. Upload, post, comment, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. Harm minors in any way;

3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10. Intentionally or unintentionally violate any applicable local, state, national or international law including but not restricted to ASIC;

11. Harass another member of Dfinanz;

You acknowledge that Dfinanz may or may not pre-screen Content, but that Dfinanz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Dfinanz and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dfinanz or submitted to Dfinanz, including without limitation information in Dfinanz’s Social Network, and in all other parts of the Service.

You acknowledge, consent and agree that Dfinanz may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Dfinanz, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Dfinanz and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

8.0 Content Made Available on Dfinanz’s Social Network

Dfinanz does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Dfinanz the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of the Dfinanz network of properties that are intended by Dfinanz to be available to the general public.

9.0 Copyright Infringement

Dfinanz makes no representations or warranties with respect to the ownership of, or copyright in, content on this website uploaded, linked or otherwise disseminated by users of our service and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.

10.0 Indemnity

You agree to indemnify and hold Dfinanz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another. You agree that should you find any offending information, on the Dfinanz website you will immediately contact Dfinanz either via the support feature available on the website and ask that it be removed or report the information by using the ‘Report’ button located at the bottom of each post. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that Dfinanz has 48 business hours to remove the offending material.

11.0 Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Dfinanz account), use of the Service, or access to the Service.

12.0 Use and Storage General Practices

You acknowledge that Dfinanz may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Dfinanz’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Dfinanz has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Dfinanz reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Dfinanz reserves the right to modify these general practices and limits from time to time.

13.0 Service Delivery Modifications

Dfinanz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dfinanz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14.0 Termination of User Accounts

You agree that Dfinanz may, under certain circumstances and without prior notice, immediately terminate your Dfinanz account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Dfinanz account includes (a) removal of access to all offerings within the Service, (b) removal of access to the account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Dfinanz’s sole discretion and that Dfinanz shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

15.0 Links to External Sites & Resources

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dfinanz has no control over such sites and resources, you acknowledge and agree that Dfinanz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dfinanz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16.0 Dfinanz’s Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dfinanz you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Dfinanz grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Dfinanz for use in accessing the Service.

17.0 Disclaimer of Warranties

You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Dfinanz expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

2. Dfinanz makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected;

3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;

4. No advice or information, whether oral or written, obtained by you from Dfinanz or through or from the service shall create any warranty not expressly stated in the TOU;

18.0 Limitation of Liability

You expressly understand and agree that Dfinanz shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for financial loss, goodwill, use, data or other intangible losses (even if Dfinanz has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

19.0 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.

20.0 No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.

21.0 Notice of Changes to TOU

Dfinanz may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on the Service.

22.0 General Information

Entire Agreement. The TOU constitute the entire agreement between you and Dfinanz and govern your use of the Service, superseding any prior agreements between you and Dfinanz. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Dfinanz services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and Dfinanz shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You and Dfinanz agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Brisbane, Queensland, Australia.

Waiver and Severability of Terms. The failure of Dfinanz to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Dfinanz account is non-transferable and any rights to your Dfinanz account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

23.0 Violations

Please report any violations of the TOU to Dfinanz via the ‘Report’ button feature available beneath all content posts or directly to info@dfinanz.com

Fair Rate Loan Application Terms & Conditions of Use.

1.0 Terms & Conditions of Use - General Statement

This Terms of Use is for dfinanz Pty. Ltd (ACN 600 895 396 ACL 474816) (“dfinanz”) customers. For the purposes of this policy, “our/we/us” refers to dfinanz.
The Terms and Conditions governing your use of our social network website can be found at www.dfinanz.com . Please read these Terms & Conditions carefully before using our website.

By accessing or using our website, you agree to be bound by our terms. The provision by Dfinanz, its affiliates and suppliers of the data, information and services on our site to you is expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of our website constitutes your agreement to all such terms, conditions and notices.

Whilst Dfinanz works hard to aggregate the highest quality data and to keep the information on our website accurate, complete and up-to-date, Dfinanz and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

2.0 Terms of Use – Lending Institutions

At Dfinanz we are committed to creating a framework that seeks to provide access to a list of Lending Institutions and products that is sufficiently comprehensive to enable borrowers and potential borrowers the opportunity to find a better match to their financial situation and objectives.

Dfinanz does not endorse any of the financial institutions (lending institutions) on our lending panel, our lending panel is not exhaustive in terms of potential lenders, and that other lenders outside of our services should be considered.

We acknowledge that not all Lending Institutions may participate on our platform and that borrowers may seek non-associated lenders themselves.

Not all Lending Institutions participating on our platform are providers of loans across all jurisdictions.

3.0 Terms of Use – Fair Rate Loan Registration Acknowledgment

I consent/authorize and acknowledge the following:

  1. Dfinanz will assist with the introduction of credit applicants (borrowers) to potential lending institutions (Usually Banks) via the fair rate loan registration list.
  2. Assessing National Credit Code (NCC) regulated credit applications will be the responsibility of the potential lending institution and not dfinanz.  Dfinanz will not be involved in assessing credit applications except to the extent otherwise in compliance with NCC requirements.
  3. Potential borrowers will enter their own personal information on the dfinanz platform. This information will not be obtained by dfinanz on behalf of the borrower, nor will dfinanz assume any responsibility for the verification of the data.
  4. The information contained in the fair rate registration process and all the information provided by the borrower to dfinanz and the potential lending institution, is true, correct and complete and given in support of the fair rate loan registration.
  5. Upon the successful matching of a borrower and lending institution, the lending institution will be provided access to the borrower’s personal information to make contact directly outside the dfinanz website and begin a formal loan application. 
  6. At this point the lending institution will be solely responsible for the verification of borrower information, identification / validation of purpose for finance, processing of loan request, preparation / execution of loan documentation and drawdown of loan proceeds.
  7. All future obligations / loan maintenance will be the responsibility of the borrower and lending institution.  Dfinanz will play no role in the transaction post the finalisation of the loan request (fair rate loan registration) other than to seek confirmation and feedback from either or both parties regarding the final outcome of the loan application and the loan application process.

4.0 Terms of Use - Disclosure of Remuneration

Dfinanz receives remuneration as a result of acting as an intermediary between potential borrowers and lending institutions (usually banks). The borrower does not pay anything to dfinanz for acting in this role. All remuneration received by dfinanz is paid by the lending institution

Monetary Benefits

What is this?

Amount Payable

Paid By

Loan Drawdown Fee*

Upfront Commission

0.35% of outstanding loan balance

Lending Institution upon loan drawdown

Ongoing Fee

Trailing Commissions

Nil

N/A

Non-Monetary Benefits

 

 

 

Performance Bonuses

A benefit received by a broker from a lender based on the number of loans achieved with that lender

Nil

N/A

Volume Bonuses

A benefit received by a broker from a lender based on loan volumes achieved with that lender

Nil

N/A

Referral Fee

A benefit received for referring a borrower to a lender

Nil

N/A

Any other benefits directly linked to the sale of a product

 

Nil

N/A

* dfinanz will make a $100 donation for every home loan that is successfully refinanced via the Fair Rate Market. Please see our *Sponsorships* tab to view the organisations that dfinanz supports.