General Terms of Use For All Users

This legal notice applies to the entire contents of the website under the domain name www.rostronfinance.com.au website (Site) operated by Rostron Finance (as the context requires We, Our or Us) and to any correspondence by email between Us and you. The following are the Terms of Use (Terms of Use) between you and Us that set forth the terms and conditions for your use of the Site. Please read these terms carefully before using the Site. Using this Site indicates that you have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. If you do not accept these terms, please do not use the Site.

Your access to the Site is subject to the Rostron Finance Privacy Statement, notices, disclaimers and any other relevant content published on this Site. If you use any of the services identified on the Site for which additional or alternative terms and conditions are referred to, by accessing, viewing or otherwise using those services, you agree also to be bound by and comply with those relevant terms and conditions.

We may, at Our sole discretion, vary or modify these Terms of Use without prior notice. Any varied or modified Terms of Use will appear on the website. Any subsequent access to, or use by you of the Site will constitute an acceptance of varied or modified Terms of Use.

To the extent possible we choose to carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any regulations. You consent to using electronic means to form, or agree to, or bind you to, legal obligations. Therefore, where you indicate through electronic means your consent to Us acting for you, or you agreement to, or acceptance of, terms and conditions, offers and other documents, you will be taken to have agreed to, or signed, them.

You agree that any where We are required, by law or otherwise, to provide you with any documentation you consent to the provision of that document electronically through the links on this website or any other means We choose to use. Paper documents may no longer be given to you and you must regularly check your email, text messages and Rostron Finance Website for the documents. You may withdraw your consent to the giving of documents by electronic communication at any time by emailing us at info@rostronfinance.com.au. We suggest that you print a copy of the document, or file it electronically, for future reference.

To access Rostron Finance’s services you will also need to agree to receive notices, information and other disclosures in electronic form. We carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any regulations.

You also consent to receive notices, information and other disclosures in electronic form We choose to use through the links on this Site or any other means.

The Site contains information and features that you can use to obtain your credit score and any other features or content we may add in the future (the Services).

Eligibility to Use Rostron Finance’s Services

To be eligible to use Our services via the Site you must either an Australian citizen or Australian permanent resident and be18 years of age or older (Eligibility Criteria). We may vary the Eligibility Criteria from time to time. By using the Service or the Site, you represent and warrant that you are 18 or older and have an Australian driver’s licence or Australian passport. We may delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site without limitation if We believe that you do not comply with the Eligibility Criteria.

Obtaining your credit score

This Service permits you, through Rostron Finance, to obtain your credit score from Veda Information Services and Solutions Limited (Veda) once every 12 months, and no more often than that. You appoint us as your access seeker for the purposes of the Privacy Act 1988 (Cth), and the Privacy (Credit Reporting) Code 2014, to request Veda to provide you with your credit score (known as a Veda Score) using our Website. We may communicate your Personal Information and the fact that you have appointed us to Veda in order to obtain your Veda Score.

You acknowledge and understand that Veda does not permit Us to provide you with any personal information or credit reporting information about you other than your Veda Score. If you wish to obtain your credit report or other credit reporting information from Veda, then you must contact Veda direct.

We are acting as an access seeker in accordance with the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2014 and not as the agent for or intermediary of any credit provider. Any information provided on the Website by Rostron Finance, or any other credit provider, is by way of advertising and is for you to read or use on a voluntary basis only. No information which We obtain for you will be available to Rostron Finance, or any other credit provider unless you provide it to them yourself.

Collection of Information

You authorise Us to collect and access your information from time to time for the purpose of providing Our services to you. If you have any questions regarding the collection and access to your personal information, please contact us by emailing us at info@rostronfinance.com.au

We may collect personal information such as your Veda Score from someone other than yourself when providing Our services.

We generally use personal information to: (a) verify your identity and other information you provide to Us; (b) confirm that you have authorised us to act as your access seeker and keep a record of that authorisation (c) provide you with services you have requested and confirm that you have not requested a Veda Score within 12 months prior to you current request; (d) communicate with you and with Veda; (e) obtain and advise you of your Veda Score; and (e) help us manage and enhance Our services. If some or all of the personal information is not collected, we may not be able to provide you with the Our services, so that you may not be able to obtain your Veda Score or other information we are able to obtain for you or provide to you. We may disclose personal information to credit reporting and rating agencies as part of providing Our services. Our Privacy Policy contains information about how you may:

a) access your personal information held by Us and seek the correction of such information; and

b) complain about a breach of the Australian Privacy Principles or a registered Australian Privacy Principles Code (if any) that binds Us, and how We will deal with such a complaint.

You agree that we may disclose your personal information to credit reporting agencies, such as Veda, as part of providing Our services or as required by law. We will not retain your personal information other than to confirm your identity, keep a record that we have been authorised by you to act as your access seeker or to confirm that you have not used the Service within 12 months of your previous use.

We will not sell, transfer or disclose your personal information to any credit provider, credit reporting or rating agency, advertiser or any person who is unrelated to the provision of Our services with you without your consent.

Our Privacy Policy

We have defined policies and procedures with respect to the collection and use of any Identification Information which are outlined in Our Privacy Policy. No part of these Terms of use is intended to contradict any of Our privacy policies. Please read Our Privacy Policy before providing Us with any Identification Information or other personal information.

Site Content, Brands and Trademarks

You acknowledge and agree that We own all rights to the Site and all the content displayed on the Site, including, but not limited to, the Rostron Finance logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively the Site Content). The Site services, Site Content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by Rostron Finance.

You agree that Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Our express prior written consent. You may not modify, transform, participate in the sale or transfer of, or create derivative or modified works based on any Site Content, in whole or in part.

Nothing on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Site Content or trademarks displayed on the Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written permission. We prohibit the use of any of the Rostron Finance trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

No Advice Service

Any information We provide is of a general and information nature only. We do not provide legal, tax, financial, financial planning or investment advice or any form of advice regarding the suitability, or appropriateness of any of Our services or of obtaining credit from any person. The services We offer do not take into account your personal financial situation or your personal investment objectives. You should consult a financial adviser, legal adviser, tax professional and any other professional adviser regarding your specific financial situation.

Monitoring of Site Content

You acknowledge and agree that We have the right to monitor the Site and/or Site Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. We have no obligation to monitor content on the Site or to protect users of the Site.

We may monitor communications via the Site and may withdraw any communication services or facilities at any time. We reserve to right to restrict any activities on the Site that We deem to be in breach of this legal notice or any other Rostron Finance agreement or policy.

Disclaimer

None of Rostron Finance, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (referred to collectively as the Rostron Finance Parties) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and Rostron Finance disclaims liability for errors or omissions in the content.

The Site and all of the content is provided “as is”, without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The Site could contain technical inaccuracies or typographical errors.

Rostron Finance Parties do not warrant as to the results of your use of the content or that the Site is free of viruses or other harmful components. Use of this Site is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws.

We may discontinue or make changes in the content and the Site at any time without prior notice and without any liability. Any dated information is published as of its date only, and Rostron Finance Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all Site offerings or transmissions without prior notice.

Third Party Sites

This Site may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (such as Veda) (the Third Party Sites). Links to Third Party Sites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. Rostron Finance therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.

Other Restricted Activities

When you use the Site or Our services you must not:

a. breach these Terms of Use, policies or procedures and/or any other agreement that you have entered into with Us;

b. violate any law, statute, ordinance, or regulation;

c. act in a manner which is, or post, email, transmit or otherwise publish any comments, materials or content that are, offensive, discriminatory, unlawful, threatening, harassing, defamatory or libellous, false, inaccurate or misleading;

d. provide false, inaccurate or misleading information;

e. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Us;

f. use an anonymous proxy or other technique to prevent Us from identifying your location or your IP address;

g. use Our services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Us or you; and

h. pay for your transactions with what we reasonably believe to be potentially fraudulent funds or proceeds of crime.

Limitation of Liability

Rostron Finance Parties (whether or not involved in creating, producing, maintaining or delivering the Site), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any Third Party Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

Nothing in this legal notice shall exclude or limit Rostron Finance’s liability for:

a. fraud; or

b. misrepresentation as to a fundamental matter; or

c. any liability which cannot be excluded or limited under applicable law.

If your use of materials from this Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Indemnity

You agree to indemnify and hold harmless each Rostron Finance Party from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Rostron Finance Parties in connection with any claim by a third party (including any intellectual property claim) arising out of any comments, materials or content you submit to, post to or transmit through the Site, or your use of the Site in violation of this Terms of Use or in violation of any applicable law. You agree to indemnify and hold harmless Rostron Finance from any claim arising from a third party’s use of comments, materials or content of any kind that you post to the Site.

Other Rostron Finance Agreements

Our Terms of Use shall be subject to any other agreements you have entered into with Us. Should there be any conflict between the Terms of Use and any other agreements and / or terms and conditions, including the Loan Terms and Conditions then the agreement that has most recently been signed, executed or agreed to by you shall be taken as having precedence. Some sections or pages of the Site may contain separate terms and conditions of use which are to be taken as addition to the Terms of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or applicable service.

Waiver

Failure by Us to enforce any of Our rights under this legal notice shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of the Terms of Use are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law and Jurisdiction

The Terms of Use and all other aspects of your use of the Site shall be governed by the laws of the state of Queensland, Australia. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia. You agree that you will notify Us of any claim or dispute concerning or relating to this legal notice and/or the Site.

How to Contact Us

If you wish to contact Us regarding the Terms of Use or any of Our services you can do so at any time using the Contact Us page (this page contains our contact details such as our web form and email address)

Rostron Finance Electronic Communication Policy

The following is our policy and information about how Rostron Finance (as the context requires We, Our or Us) uses electronic communication to enter into credit contracts and/or communicate with you in accordance with the Electronic Transaction Act 1999 (Cth) (E-C Policy).

Please read this Electronic Communication Policy prior to using the Website.

1. Types of electronic communication

There are two types of electronic information We will transmit or send to you:

2. Methods of electronic communication

We will communicate any marketing, operational and/or information to you via the Website email, SMS and any other electronic communication utilised by Us.

We will not transmit or send an email or SMS requesting you verify or provide any account details, financial details, or login details or any website. Refer to ‘suspicious electronic communication’ below.

3. Your consent

You acknowledge and agree to give your consent to Rostron Finance contacting credit reporting bureau, such as Veda, and/or receive electronic information from Rostron Finance by way of our electronic communication methods when you use the Website or otherwise electronically interact with Rostron Finance.

You can contact Us at any time if you do not want to receive marketing electronic messages. Withdrawing your consent to receive marketing electronic messages does not withdraw your consent to receive operational electronic information.

4. How to opt out of receiving marketing communications

There are a number of ways you can opt out of receiving marketing communications:

5. Suspicious electronic communication

Understanding our Electronic Communication Policy will assist you in identifying any suspicious or fraudulent electronic communication, for example attempts to acquire sensitive information, such as usernames, passwords and credit card details and/or false representation of Rostron Finance or any other organisation. If you suspect or experience any illegitimate electronic communication please contact us on info@rostronfinance.com.au

6. Interpretation

Electronic communication means message transmitted and/or received by: email, short message service (SMS), multimedia message service (MMS) or instant messaging or WAP.

Email (electronic mail) means the act of sending a message or messages by electronic means to one or more recipients via a network.

Opt-out means remove permission to receive electronic communications.

SMS/Text message (short message service (SMS)) means sending short messages, to and from mobile phones.

Website means the Rostron Finance website located at www.rostronfinance.com.au.

Rostron Finance means Rostron Finance Pty Ltd (ABN: 15 608 166 927, ACN: 608 166 927)