Last updated: 25 February 2025
Please read these Terms carefully before you accept. We draw your attention to the following:
● our privacy policy, which sets out how we will handle your personal information;
● brokers to whom we refer you to may charge fees for their services;
● clause 2.2 (Variations) which sets out how we may amend these Terms; and
● clause 11 (Liability) which sets out exclusions and limitations to our liability under these Terms.
We may receive a benefit (which may include a referral fee or a commission) should you be successful in obtaining business finance or when we provide Referral Services.
Professional Services Disclaimer: The content provided on our Site or as part of our Services (including about brokers or any tools, information, insights or resources made available to you) (Content) is provided for general information purposes only, and on an “as is” basis. Content does not constitute advice of any nature including legal, financial, superannuation or tax advice and you must not use the Content on the basis that it is a recommendation or opinion about any financial product or service. Whilst we use reasonable endeavours to keep the Content up to date, we make no representation that any Content provided is accurate or up-to-date and we do not guarantee that any Content featured on our Site is more suitable than options or businesses not featured on our Site. You should, before acting on any Content on our Site or provided through our Services, consider the appropriateness of the Content, having regard to your objectives, financial situation and needs. If you are considering acquiring a financial product, you should obtain and review its product disclosure statement before making anydecision about whether to acquire the product. Past performance is not a reliable indicator of future performance.
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
1.1 This Site is operated by Splendid Business Finance Solutions Pty Ltd (ACN 683 821 196) (we, our or us).
1.2 These Terms are between us and you, the party using the Site and the Services.
1.3 If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2.1 You accept these Terms by the earlier of; (1) submitting a form on this Site indicating your acceptance of these Terms; and/or (2) using our Site. We recommend you carefully read these Terms to ensure you understand and agree to them before using our Site or our Services.
2.2 We may, at any time and at our discretion, vary or terminate these Terms by publishing varied terms on the Site or advising you via our Site.
2.3 We may, at any time and without notice:
(a) discontinue the Site (in whole or in part), or exclude any person from using our Site.
(b) add or remove content from or to the Site.
3.1 You must not use the Site unless you are at least 18 years old.
3.2 When using the Site, you agree to:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person;
(c) using the Site for unlawful purposes;
(d) interfering with any user of the Site;
(e) tampering with or modifying the Site (including by transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site);
(f) using the Site to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h) facilitating or assisting a third party to do any of the above acts.If you close your Account, you will lose access to the Services.
3.3 We do not warrant that access to the Site will be uninterrupted, error-free or free from viruses and exclude all Liability arising in respect thereof.
4.1 Subject to your compliance with these Terms and our reasonable instructions, we will provide the following services to you:
(a) brokerage services to assist you in applying for business finance;
(b) referral services where we may refer you to our network of brokers to assist you in applying for business finance (Referral Services),
(collectively, our Services).
4.2 We provide ourServices at not cost to you and we may receive a benefit (which may include a referral fee or a commission) should you be successful in obtaining business finance or when we provide Referral Services.
4.3 We not a party to any transaction between you and a broker to whom we have referred to you under theReferral Services (Broker). You acknowledge and agree that the Broker may charge additional fees for providing services to you and this will be a matter between you and the Broker.
4.4 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
5.1 You represent, warrant and agree that:
(a) you will not use our Site, including the Services, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms or theServices is true, correct and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Site or theServices (including as to whether the Site or Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(e) you will be responsible for the use of any part of the Site or the Services, and you must ensure that no person uses any part of the Site or Services:
(1) to break any law or infringe any person’s rights (including Intellectual Property Rights);
(2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or
(3) in any way that damages, interferes with or interrupts the supply of the Site.
6.1 Some of the Content on our Site is made available to us via third-parties. While we use reasonable attempts to ensure the accuracy and completeness of the Content on our Site, some of the Content is unable to be verified by us (including Content made available by third-parties) and may not be comprehensive or accurate.
6.2 To the extent permitted by law, we do not warrant the accuracy, completeness or suitability for you of any of the Content and exclude all express and implied warranties, representations and guarantees of any kind in respect thereof.
6.3 The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date.
7.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
7.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
7.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
8.1 We own all intellectual property rights in the Services and the Site. This includes how the Site looks and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Site.
8.2 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features),and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
Your Data
8.3 We do not own any of Your Data, but when you enter or upload any of Your Data into the Services, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
(a) supply the Services to you (for example, to enable you to access and use the Services), and otherwise perform our obligations under these Terms;
(b) diagnose problems with the Services;
(c) improve, develop and protect the Services;
(d) send you information we think may be of interest to you based on your marketing preferences;
(e) perform analytics for the purpose of remedying bugs or issues with the Services; or
(f) perform our obligations under these Terms (as reasonably required).
8.4 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
8.5 You are responsible for (meaning we are not liable for):
(a) the integrity of Your Data on your systems, networks or any device controlled by you; and
(b) backing up Your Data.
8.6 When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
8.7 If you do not provide Your Data to us, it may impact your ability to receive the Services.
8.8 This clause 8 will survive the termination or expiry of these Terms.
9.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information aboutus. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a‘need-to-know basis’ (in other words, the disclosure is absolutely necessary),and that they also agree to not misuse or disclose such confidential information.
9.2 However, either you or we may share confidential information with legal or regulatory authorities if required bylaw to do so.
9.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on theSite, and applicable privacy laws.
9.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
9.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
9.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
9.7 This clause 9 will survive the termination or expiry of these Terms
10.1 In some jurisdictions, you may have guarantees, rights or other remedies provided bylaw (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
10.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
10.3 This clause 10 will survive the termination or expiry of these Terms
11.1 Subject to your Consumer Law Rights, we exclude all express and implied warranties, representations and guarantees of any kind relating to the Site or the Services (whether under statute, law, equity or on any other basis), unless expressly stipulated in these Terms and your reliance on the Site and the Services is at your sole risk.
11.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law we exclude all Liability, (and you waive and release us from and against any Liability), for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with the Site and the Services or any delay, unavailability or errors in the Site or the Services.
11.3 This clause 11 will survive the termination or expiry of these Terms.
12.1 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
12.2 Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, theseTerms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
12.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
12.4 Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
12.5 Governing law: These Terms are governed by the laws of Victoria, and any matter relating to theseTerms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.
12.6 Illegal Requests: We reserve the right to refuse any request for or in relation to theServices that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
12.7 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
12.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
12.9 Professional Services Disclaimer: The content provided on our Site or as part of our Services(including about brokers or any tools, information, insights or resources made available to you) (Content) is provided for general information purposes only,and on an “as is” basis. Content does not constitute advice of any nature including legal, financial, superannuation or tax advice and you must not usethe Content on the basis that it is a recommendation or opinion about any financial product or service. Whilst we use reasonable endeavours to keep the Content up to date, we make no representation that any Content provided is accurate or up-to-date and we do not guarantee that any Content featured on our Site is more suitable than options or businesses not featured on our Site.
You should, before acting on any Content on our Site or provided through ourServices, consider the appropriateness of the Content, having regard to your objectives, financial situation and needs. If you are considering acquiring a financial product, you should obtain and review its product disclosure statement before making any decision about whether to acquire the product. Past performance is not a reliable indicator of future performance.
12.10 Publicity: You agree that we may, with your written consent, advertise or publicise the fact you are a customer of ours, for example on the Site or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.
12.11 Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability arising out of or in connection with your reliance on Affiliate Links.
13.1 In these Terms:
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort(including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of theServices (including the Services) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, un ascertained, future or contingent and whether involving a third party or us or you or otherwise.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Services means the services we provide to you, as detailed atthe beginning of these Terms.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. YourData does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.
For any questions and notices, please contact us at:
Splendid Business Finance Solutions Pty Ltd (ACN 683 821 196)
Email: privacy[at]splendidfinancing.com
