These Terms of Access and Use (“Terms”) govern your use of this site and any associated or linked sites (“Site”) and form a binding contractual agreement between you, the user of the Site, and us, YFG Services Pty Ltd T/As YFG Lending (ACN 603 560 701)
For this reason the Terms are important and you should ensure that you read them carefully and contact the Owner with any questions before you access and use the Site.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1.1 You acknowledge and agree that:
1.1.1 subject to clause 6.2.3, the Owner owns all intellectual property rights in connection with the Site and all material, information, documents, products, services or other content contained or referred to on it (“Material”); and rights to you.
1.1.2 nothing in the Terms constitutes a transfer of any intellectual property
1.2 The Owner grants you a non-exclusive and non-transferable licence to use the Site and the Material in ccordance with the Terms.
1.3 Except for the limited use set out in clause 1.5, you may not use the Site or any part of the Material for any purpose, including without limitation:
1.3.1 reproducing any part of the Material in any form;
1.3.2 transferring or distributing any part of the Material in any form;
1.3.3 transmitting any part of the Material by any medium of communication;
1.3.4 uploading or reposting any part of the Material to any other site;
1.3.5 recompiling, disassembling or modifying any part of the Material;
1.3.6 making any derivate works of any part of the Material; and
1.3.7 using any part of the Material for any commercial purpose.
1.4 You may not modify, copy or reproduce:
1.4.1 the layout of the Site; or
1.4.2 any computer software and code contained in the Site.
2.1 You acknowledge that the Owner:
2.1.1 makes the Site and the Material available to you without assuming a duty
2.1.2 does not provide any legal, financial, investment or any other advice and
2.1.3 has not assessed the suitability of any Material to your individual
2.1.4 recommends that you obtain an independent legal and financial advice in
2.1.5 recommends that you check the results of using any Material if you intend
2.1.6 gives no warranty, guarantee or representation about the accuracy, of care; that the provision you with the Material is not intended to create nor does it create an advisor-client relationship between the Owner and you; circumstances; connection with any Material obtained through the Site; to rely on those results; and completeness or currency of the Material or its compliance with the relevant laws and regulations.
2.2 You further acknowledge and agree that:
2.2.1 your act of accessing and using the Site constitutes your electronic
2.2.2 the Terms may not be denied legal effect or enforceability solely because signature to the Terms; and the agreement between the parties as to the Terms was formed electronically.
3.1 To the full extent permitted by law, the Owner disclaims any warranty, guarantee or representation, whether express or implied, in connection with:
3.1.1 the accuracy, completeness, currency of the Material or or
3.1.2 the compliance of the Material with the relevant laws and regulations;
3.1.3 the merchantability of the Material; and
3.1.4 the fitness of the Material for any particular purpose.
3.2 The Owner is not be liable under any circumstances for any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by you or brought against you (even if it has been advised of their possibility) in connection with:
3.2.1 any part of the Material;
3.2.2 your use, or your inability to use, any part of the Material;
3.2.3 your actions or omissions in connection with the Material (including appropriateness of the Material to you;
without limitation any actions taken by you in reliance on the Material); and
3.2.4 the modification or removal of any part of the Material from the Site.
4.1 To the full extent permitted by law, the Owner disclaims any warranty, guarantee or representation, whether express or implied, that:
4.1.1 the Site, or the server that makes the Site available for your use, is free of
4.1.2 the functions contained in any software contained on the Site will not be
4.1.3 errors and defects in the Site will be corrected.
4.2 The Owner is not be liable under any circumstances for any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by you or brought against you (even if it has been advised of their possibility) in connection with:
4.2.1 your access to, or use of, the Site;
4.2.2 errors or omissions in the Site;
4.2.3 delays to, interruptions of, or cessation of, the services referred to on the
4.2.4 defamatory, offensive or illegal conduct of any user of the Site, whether caused as a result of the negligence of the Owner or any other cause.
4.3 You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing or using the Site.
5.1 In the event that the disclaimers or exclusions of liability set out in clauses 3 or 4 are not effective to the full extent, you acknowledge and agree that the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following (as determined by the Owner in its discretion):
5.1.1 if the breach of an implied warranty or condition relates to products: software viruses; interrupted or are error-free; and Site; and
(a) replacement of the products or the supply of equivalent products; or
(b) reimbursement of payments made by you for the products (excluding any fees or payments charged by, or made to, any government authorities or any other third parties); or
5.1.2 if the breach of an implied warranty or condition relates to services:
(a) re-supply of the services or the supply of equivalent services; or
(b) reimbursement of payments made by you for the services (excluding any fees or payments charged by, or made to, any government authorities or any other third parties).
6.1 The Site contains or may contain links to sites, information, products, services or any other material owned or operated by third parties and which are not under the Owner’s control, including comparison tools for interest rates and loan and financial products (“Third Party Content”).
6.2 You acknowledge that:
6.2.1 the links to the Third Party Content are provided as a convenience to you
6.2.2 the existence of a link to the Third Party Content does not imply any
6.2.3 the Owner does not make any proprietary claim to any intellectual
6.2.4 the Owner is not responsible for any Third Party Content or your actions
6.2.5 the Owner recommends that you obtain an independent legal and
6.2.6 the Owner recommends that you check the results of using any Third
6.2.7 the Owner is not be liable under any circumstances for any losses, and strictly for information purposes;
endorsement of it by the Owner and is not to be construed as an offer to sell, or solicitation of an offer to buy, any products or services referred to in the Third Party Content; property associated with any Third Party Content;
taken in reliance on it; financial advice in connection with any Third Party Content; Party Content if you intend to rely on those results; and damages, costs, expenses, demands, claims or proceedings suffered or incurred by you or brought against you (even if it has been advised of their possibility) in connection with the Third Party Content.
7.1 You represent and warrant in relation to any data or information you provide in connection with using the Site (including any information about another person or entity) that:
7.1.1 you are authorised to provide such data or information;
7.1.2 to the best of your knowledge, such data or information are true,
7.1.3 you will notify the Owner immediately of any changes in the data or
7.1.4 you do not impersonate any other person or entity nor do you use a false accurate, correct and complete; information previously provided by you; name or a name that you are not authorised to use when accessing or
using the Site; and
7.1.5 the provision of such data or information by you does not breach any
7.2 The Owner reserves the right:
7.2.1 to inspect and verify correctness of the data or information provided by
7.2.2 not to discontinue your ability to use the Site, any Material on it or other laws or regulations.you if it determines that it is necessary; and products and services provided by the Owner or its related parties if the
Owner has any suspicious regarding the data or information provided by you.
8.1 The Owner may gather and process the data and information:
8.1.1 which you may provide when accessing the Site, including any personal
8.1.2 regarding the way in which you use the Site, including without limitation information provided by you; and
information acquired through the use of “cookies” programmed during the
access to the Site.
8.2 The Owner may use and authorise others to use the data and information referred to in clause 8.1 in accordance with the Owner’s privacy policy in connection with the Site, which forms part of the Terms “(Privacy Policy).”
9.1 The Owner reserves the right to modify or remove any Material on the Site or vary the Terms:
9.1.1 at any time;
9.1.2 with or without further notice to you; and
9.1.3 without giving you any explanation or justification for such variations.
10.1 The Owner may suspend, temporarily restricts, limit or modify your subscription, membership or access to the Site at any time and without notice if the Owner, it its discretion, determines or suspects that your activities in connection with the Site:
10.1.1 are in violation of the Terms or the Privacy Policy (as may be varied from
10.1.2 harm or threaten to harm the interest of the Owner or any of the Owner’s
10.1.3 have given rise, or may give rise, to legal disputes or liabilities for the time to time) or any other relevant laws, regulations, policies or guidelines;associated entities;Owner or any of the Owner’s associated entities;
10.1.4 have infringed, or may infringe, intellectual property rights in relation to
10.1.5 have, or may have, an adverse effect on the Owner’s goodwill or
10.2 The Owner is not be liable under any circumstances for any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by you or brought against you (even if it has been advised of their possibility) as a result of the Owner’s actions under clause 10.1 (including without limitation claims or demands for compensation, refund or any other payment or benefit).
11.1 You agree that you are responsible for keeping your login name and password for your account on the Site secret and for regularly changing your login name and password for security purposes.
11.2 You acknowledge and agree that the Owner is not responsible for any third party accessing your account that results from the theft or misappropriation or sharing by you of your login name and password.
11.3 The Owner reserves the right to suspend or terminate your access to the Site if the Owner suspects an unauthorised use of your account or the Site.
11.4 You agree to immediately notify the Owner regarding:
11.4.1 any breach or violation of the Terms by others (including without limitation
11.4.2 any known or suspected unauthorised access to your account.
12.1 You represent and warrant that:
12.1.1 you have the legal capacity to enter into the Terms and access and use
12.1.2 if you are acting on behalf of a company or any other entity, you have the
12.1.3 if you are providing data or information about another person or entity, the Material or the Third Party Content; or reputation.other members) of which you become aware; and the Site; authority to bind such company or entity; and you have an authority from the relevant party for the provision of such information.
12.2 You indemnify and must keep the Owner indemnified from and against any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by the Owner or brought against the Owner in connection with:
12.2.1 your access to, or use of, the Site and any part of the Material;
12.2.2 any breach of the Terms by you; and
12.2.3 provision, publication or distribution of any data, information or documents by you.
13.1 If a dispute arises in relation to the Terms, prior to commencing any legal proceedings the parties must negotiate in good faith with a view of resolving that dispute. In the event of your disagreement with any matter arising in connection with your use of the Site you can contact the Owner’s Relationship Manager by using the “Contact Us” form.
13.2 If the dispute was not resolved pursuant to the procedure set out in clause 13.1, prior to commencing any legal proceedings either party must give the other party a notice requiring that the dispute be resolved by an arbitrator to be appointed by the Institute of Arbitrators and Mediators Australia.
13.3 Each of the parties must cooperate fully with the arbitrator.
13.4 The arbitration is to be conducted in accordance with the Institute’s Rules for the Conduct of Commercial Arbitrations. Those rules and the decision of the arbitrator are binding on the parties.
14.1 Where context permits, the term “Owner” used in the Terms includes all of the Owner’s directors, officers, employees, contractors, consultants, agents and any other person claiming through or under the Owner.
14.2 Each party must at its own expense do everything reasonably necessary to give full effect to the Terms and the events contemplated by it.
14.3 If any part of the Terms is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of the Terms. The severed part of the Terms will not affect the validity and enforceability of any remaining provisions.
14.4 You must not assign, sublicence or otherwise deal in any other way with any of your rights, title or interest under the Terms. The Owner may assign, sublicence or otherwise deal with any of its rights, title or interest under the Terms and in connection with the Site without your consent.
14.5 Nothing on this Site or under the Terms is to be deemed to constitute an offer to sell or serve in jurisdictions where it is illegal to do so.
14.6 The Terms are governed by, and interpreted in accordance with, the laws of New South Wales, Australia without giving effect to any principles of conflicts of laws.
14.7 You agree to the jurisdiction of the courts