Terms & Conditions

About

1. These Terms and Conditions of Use (Terms) govern your use of the website located at https://finfinda.com.au, including all pages, tools and surveys available on it
2. The Sites are operated by FinFinda (ABN 92070030160) (Finfinda, we, us, our)
3. By accessing or using either of the Sites, you agree to be bound by these Terms and our Privacy Policy (as updated from time to time). If you do not agree, you must not use the Sites.
4. You must be at least 18 years of age and capable of entering into a binding agreement under Australian law to use the Sites. By using the Sites, you warrant that you meet these requirements.
5. If you use the Sites on behalf of another person (for example, providing information on behalf of a partner or family member), you warrant that you are authorised to do so and that they accept these Terms.
6. If you have any questions about these Terms, the Sites or our services, please contact us at:

FINFINDA (ABN 92070030160)

Email: admin@finfinda.com.au

Changes to the TOS

1. We may update these Terms from time to time. The updated version will be posted on the Sites with a new “Last updated” date. Your continued use of the Sites after the update constitutes acceptance of the updated Terms.
2. We may change, suspend or discontinue any part of the Sites at any time, including the availability of any feature, database or content, without notice and without liability to you.

Your use of the Sites

1. You must use the Sites only for lawful purposes and in accordance with these Terms.
2. You must not:
   (a) use the Sites in any way that is unlawful, fraudulent or misleading;
   (b) interfere with or disrupt the operation or security of the Sites or any networks or equipment used to operate the Sites;
   (c) attempt to gain unauthorised access to any part of the Sites, any user accounts or any computer systems or networks;
   (d) introduce any harmful code into the Sites (including viruses, malware, spyware or similar);
   (e) scrape, data-mine, copy or reuse substantial parts of the Sites or their content without our express written consent;
   (f) use the Sites for any activity that infringes a third party’s rights (including privacy, intellectual property or confidentiality); or
   (g) circumvent or attempt to circumvent any security measures or access restrictions in place on the Sites.
3. You are responsible for ensuring that your use of the Sites complies with all applicable laws and regulations.

Survey responses and information you provide

1. When you complete a survey on the Survey Site or otherwise provide information to us (User Content), you:
   (a) warrant that the information is true, accurate, current and complete to the best of your knowledge;
   (b) agree not to provide information about another individual unless you are authorised to do so and have obtained any necessary consent; and
   (c) acknowledge that we may rely on this information to provide you with information and to consider your credit and financial needs (where applicable).
2. You remain responsible for the content of your responses and any decisions you make based on information you receive from us.
3. By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide licence (with the right to sublicense) to use, store, reproduce and otherwise process that User Content for the purposes of:
   (a) operating the Sites and surveys;
   (b) assessing and responding to your credit and financial needs and enquiries;
   (c) internal analytics, service improvement and training; and
   (d) complying with our legal and regulatory obligations.
4. We will handle personal information in your User Content in accordance with our Privacy Policy.
5. We may refuse, suspend or delete any User Content that we reasonably consider to be misleading, unlawful, offensive, harmful, or otherwise in breach of these Terms.

Third-party content, products, services and links

1. The Sites may contain links to websites, content or services provided by third parties (Third-Party Services). These links are provided for convenience only.
2. We do not endorse, control or approve any Third-Party Services and are not responsible for:
   (a) the content, accuracy or availability of Third-Party Services;
   (b) any products or services you obtain from third parties; or
   (c) any loss or damage you may suffer in connection with Third-Party Services.
3. If you access or use Third-Party Services, you do so at your own risk and subject to the terms and conditions and privacy policies of the relevant third party.

Intellectual property

1. Unless we indicate otherwise, we (or our licensors) own all intellectual property rights in the Sites and Site Content, including text, graphics, logos, icons, images, software, layout, designs, trade marks and domain names.
2. Your use of the Sites does not grant you any ownership or rights in the Sites or Site Content, other than the limited licence (see below)
3. We grant you a limited, non-exclusive, revocable licence to access and use the Sites and Site Content solely for your personal use or internal business purposes (as applicable), in accordance with these Terms and any engagement you have with us.
4. You must not, without our prior written consent:
   (a) reproduce, adapt, modify, create derivative works from, publish, distribute, transmit, display, sell or exploit any Site Content; or
   (b) remove or alter any copyright, trade mark or other proprietary notice on the Sites.
5. You may share links to public pages of the Sites, provided you do not misrepresent your relationship with us or present the Sites in a misleading or derogatory manner.

Privacy

1. By using the Sites or providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy

Availability and security

1. While we aim to keep the Sites available and secure, we do not guarantee that:
   (a) the Sites or any Site Content will always be available, uninterrupted or error-free; or
   (b) the Sites will be free from viruses or other harmful components.
2. You are responsible for implementing appropriate security measures, including using up-to-date anti-virus software and backing up your data.
3. We may suspend or restrict access to the Sites (in whole or in part) at any time, including for maintenance, upgrades or security reasons, without notice.

Warranties, disclaimers and limitation of liability

1. To the maximum extent permitted by law, we make no representations, warranties or guarantees (express or implied) about the Sites or Site Content, including that:
   (a) they are accurate, complete, reliable, up to date or suitable for your purposes; or
   (b) they will be available, secure or free from errors or defects.
2. Nothing in these Terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.
3. To the maximum extent permitted by law, we are not liable for any:
   (a) loss of profit, revenue, business, goodwill, data or anticipated savings; or
   (b) indirect, consequential, special or punitive loss or damage, arising out of or in connection with your use of (or inability to use) the Sites, Site Content or any Third-Party Services, even if we have been advised of the possibility of such loss or damage.
4. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the Sites, Site Content and these Terms (whether in contract, tort including negligence, equity, statute or otherwise) is limited to the greater of:
   (a) AUD $100; or
   (b) the total amount you have paid to us (if any) for the relevant services giving rise to the claim in the three (3) months immediately before the event giving rise to the claim.
5. If any guarantee, warranty, term or condition is implied or imposed by law and cannot be excluded, then, to the maximum extent permitted by law, our liability is limited (at our option) to:
   (a) in the case of goods, the repair or replacement of the goods or the supply of equivalent goods, or the payment of the cost of doing so; and
   (b) in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.

Indemnity

1. You indemnify us (and our directors, officers, employees and agents) against all losses, damages, liabilities, claims, demands, costs and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:
   (a) your use of the Sites or Site Content;
   (b) your breach of these Terms; or
   (c) your violation of any law or the rights of any third party,
2. except to the extent caused by our own negligence or wilful misconduct.

Termination and suspension

1. We may, at any time and without notice, suspend or terminate your access to the Sites (in whole or in part) if we reasonably believe that you have breached these Terms or used the Sites in a manner that is unlawful or harmful.
2. On termination, all rights granted to you under these Terms will cease immediately, but clauses that are intended to survive termination (including clauses 6, 9, 10, 12 and 13) will continue in force.

Governing law and jurisdiction

1. These Terms are governed by the laws in force in the State of Victoria, Australia.
2. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them. You waive any objection to proceedings being brought in those courts.

General

1. If any provision of these Terms is found to be invalid or unenforceable, the provision will be severed and the remaining provisions will continue in full force and effect.
2. These Terms constitute the entire agreement between you and us in relation to your use of the Sites and supersede any prior understandings or agreements.
3. We may assign or transfer our rights and obligations under these Terms, in whole or in part, without your consent. You must not assign or transfer your rights or obligations under these Terms without our prior written consent.
4. Our failure or delay in exercising a right or remedy under these Terms does not operate as a waiver of that right or remedy. A waiver is only effective if it is in writing and signed by us.