1. General

1. Lend Capital Pty Ltd ACN 612 877 442 trading as Lend (‘we‘, ‘us‘, or ‘our‘) operates and maintains this website.
2. These terms and conditions (‘Terms‘) apply to your access and use of this website. By accessing and using this website, you agree to these Terms..
3. We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively.
4. The law of Victoria, Australia exclusively governs these Terms.

2. Site contents

1. This website contains information of a general nature. We do not promise that the contents of this website are accurate or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
2. We may permit users of this website to add comments, or contribute other content (‘user-generated content’) to this website. We are not responsible for and do not approve or endorse, any user-generated content.
3. If you contribute user-generated content, you promise us that it is fair, reasonable, bona fide, and does not break any laws or infringe the legal rights of any person.
4. You indemnify us against any harm, loss, cost or expense we suffer arising from user-generated content you contribute.
5. We may delete or modify all or part of any user-generated content at any time at our sole discretion.

1. warrant to us that you have reviewed these Terms, and that you understand these Terms;
2. warrant to us that you have the legal capacity to enter into a legally binding agreement on behalf of a company or other legal entity and you represent that you have the authority to bind such entity and its affiliates to these Terms;
3. agree to use the Platform in accordance with the Terms.

b. Please read the Terms carefully. Our Privacy Policy and Website Terms of Use form part of these Terms and are incorporated into these Terms by reference. You must immediately cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms. Your continued use of the Platform after any change to our Terms will be deemed to be your acceptance of our amended Terms.

c. If we amend the Terms during the period that your Application Form has been lodged but has not yet been processed or accepted by us, the amended Terms will not apply to you and the Terms which were in affect at the time (and you agreed to) will instead apply.

3. Copyright

1. Unless otherwise indicated, copyright in this website and its contents belongs to us.
2. You may:
1. publish a link to this website;
2. make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and;
3. print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
3. Unless permitted by law and subject to clause 4, you must not, without our prior written consent:
1. otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
2. cause any part of this website or its contents to be framed or included in another website.

b. There is no fee to lodge an application form for a referral to a Lender or to assess your eligibility for a loan from us. However, if we have referred you to a Lender, or assessed that you are eligible for a loan from us, you will be required to sign a loan agreement in order to enter into a loan with either the Lender or us. If there is any inconsistency between the loan agreement and these Terms, the loan agreement will prevail to the extent of the inconsistency.

c. When providing you with a referral to a Lender, you understand and agree that our Platform is an introductory platform only and that our responsibilities are limited to facilitating the referral to a Lender. Lenders are not our employees, contractors or agents and we are not a party to any loan agreement between you and the Lender and have no control over the conduct of Lenders.

d. You may withdraw your application form at any time without penalty by advising the Lender or us when we or they call you.

e. We may recommend a Lender for your business and assess your eligibility for a loan with us based on the information you provide to us in your application form. You warrant that all information you provide to us on our Platform is accurate, current and complete and you will notify us if any information changes from when your application form is lodged until you sign a loan agreement with a Lender or with us.

f. We may receive a referral fee or commission from lenders we refer your application to. These referral fees or commissions are usually only payable to us at the time (and after) a loan settles. The form of commissions we may receive from lenders include an upfront commission and or an ongoing trailing commission.

4. Content sharing and social media

1. Subject to clause 4.2, you may:
1. share any blog posts and articles published on this website on other websites or via social media websites or social media services; and
2. share any other content on this website via social media if we provide you with the means for doing so, e.g. if we provide a hyperlink, button or other means of sharing it via social media.
2. You may only share content from this website if you:
1. include a hyperlink to the original content on this website;
2. do not claim, suggest or infer that the content belongs to anyone other than us; and
3. do not commercialise it, e.g. by charging people to access it or including it in a paid publication.

1. impersonate another entity or falsely state your affiliation with an entity;
2. create a false identity in your application form; and
3. misrepresent, in any way, your business by providing false, incomplete and/or misleading information in order to obtain finance from a Lender or with us.
4. 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;
5. using our Platform to defame, harass, threaten, menace or offend any person;
6. interfering with any user using our Platform;
7. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
8. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
9. using our Platform to send unsolicited email messages; or
10. facilitating or assisting a third party to do any of the above acts.

b. You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

c. We reserve the right to reject your application form and any future application forms made by you if we have grounds to suspect or if we confirm that you have breached this clause 3.

5. Trade marks

1. Lend and Lend Capital is a trade mark of Lend Capital. Other trademarks on this website are the property of our respective licensors.
2. You must not use any trade mark on this website without the prior written consent of the relevant owner.

b. We may disclose that information to third party service providers who help us deliver our Services (including Lenders we have a referral arrangement with, information technology service providers, data storage, web-hosting and server providers, professional advisers, payment systems operators, the Document Verification Service (DVS), credit reporting bodies including Equifax and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

c. By accepting these Terms, you consent to us verifying your identity with DVS and sharing your personal information, to the extent permitted by law, with consumer credit reporting agencies, including Equifax in order to assess your eligibility for a Loan with us or a Lender. You understand that we will obtain and provide, to the extent permitted by law, information about consumer and commercial credit to such credit reporting agencies and you consent to us accessing the consumer section of individual credit files.

d. Our Privacy Policy contains further information about:

1. how we store your personal information;
2. how you can access and seek correction of your personal information;
3. how you can make a privacy-related complaint; and
4. our complaint handling process.

e. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

f. This clause 4 will survive termination of these Terms.

6. Links

1. This website may link to websites at other addresses. Unless stated otherwise:
1. we do not control, approve, endorse or sponsor any such websites or their content; and
2. we do not provide any warranty or take any responsibility for any aspect of those websites or their content.

b. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

c. You must not, without our prior written consent:

1. copy or use, in whole or in part, any Content;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
3. breach any intellectual property rights connected with our Platform, including (without limitation):
1. altering or modifying any of the Content;
2. causing any of the Content to be framed or embedded in another website; or
3. creating derivative works from the Content.

d. This clause 5 will survive termination of these Terms.

7. Disclaimer

1. Your access and use of this website is at your own risk.
2. The internet is not secure. Material passing over the internet may be intercepted, altered or corrupted in storage or transit.
1. We do not promise that this website:
2. is free from errors;
3. will operate without interruption; or
3. is free from anything which may damage your computer or data including virusesand malware.
4. You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.
5. We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website.

b. You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c. We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

8. Limitation of liability

1. The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, not restrict or modify them where it would be unlawful to do so.
2. Subject to clause 8.1 and to the fullest extent permitted by law:
1. this website and its contents (the ‘Service’) are provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
2. where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:
1. the resupply of the Service; or
2. the payment of the cost of resupply of the Service; and
3. we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents or your use of them.

1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
2. access will be uninterrupted, error-free and free from viruses; and
3. our Platform will be secure.

b. You read, use, and act on our Platform and the Content at your own risk.

c. The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding it. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

d. You acknowledge and understand that any referrals to Lenders we make to you are based on the information we have at the time which is analysed through our proprietary credit analysis technology (the Software). While we aim to get you the right business finance at the lowest possible cost, this is based only on a comparison of the Lenders and finance products included in our Software and their rates as at the time of analysing your business. While we provide you with the Services with due care and skill, we cannot guarantee that our recommendations will always be appropriate or suitable for your business. Our recommendations should not be regarded as financial advice and we encourage you to engage a qualified financial advisor if you are seeking financial advice.

e. You further acknowledge and understand that we are not party to, or responsible for, your relationship with the Lenders and you should conduct your own due diligence to assess a Lender’s suitability for your business’ financing needs.

f. RedBook Data and Valuations Disclaimer: Automotive Data Services Pty Ltd (RedBook) has prepared this data and valuation from information gathered from a variety of third-party sources. Whilst all reasonable care is taken in producing the data and valuations, RedBook cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for any of the information provided to you and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

g. This clause 7 survives termination of these Terms.

9. Indemnity

If you breach these Terms, you must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach.

b. To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

c. This clause 8 will survive termination of these Terms.

10. Privacy

1. You do not need to disclose your identity to view this website, except in the case of locked areas, in which case you are required to log in.
2. We may require you to provide personal details, such as name and email address, in order to use some of the functionality on this website, e.g. in order to contribute user-generated content. We will not share your contact details with anyone else without your consent but you agree to us using your contact details to send you information that concerns or is relevant to this website or its contents.
3. Personal information is otherwise handled in accordance with our Privacy Policy.
4. We may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes, to improve this website, and for use in accordance with our Privacy Policy.

b. You may stop using the Platform at any time for any reason.

c. We may stop making the Platform (or any part of it) available without prior notice. If we do this, any Application Form that we have accepted will not be affected, subject to the Terms.

11. Additional Services

Our website provides additional services including for brokers, use of those additional services are subject to their own terms of use.Dispute ), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

12. AUP

1. We may use an Acceptable Use Policy (‘AUP‘) to regulate the operation of the website.
2. You must comply with any AUP.
3. If you do not comply with any AUP then we may suspend or terminate your access to the website.