​Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by Bene Finance Pty Ltd ABN 13 627 244 848. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy and Credit Reporting Policy (Terms). You should review our Privacy Policy, Credit Reporting Policy and these Terms carefully.

In these Terms, ‘us’, ‘we’ and ‘our’ means Bene Finance Pty Ltd and our related bodies corporate.

Use of Website

These Terms govern your access to and use of the Website, including any information, content or material that are located on, form part of or are available through or in connection with the Website.

You acknowledge that to obtain access to certain parts of this Website, it will be necessary to register your interest.

By browsing, accessing or using the Website or its contents, or by using any services made available through the Website, you acknowledge and warrant that you are using the Website at your own risk and you have read and understood, and agree to be bound by these Terms. These Terms form a legally binding agreement between us and you. If you do not agree to these Terms, you must immediately cease using our Website.

By using this Website, you agree and declare that you will:

  • not provide or post onto the Website any content that may be construed as unlawful, illegal, threatening, harmful, abusive, harassing, tortious, defamatory, offensive, objectionable or designed to interfere with or disrupt the operation of this web site or any service provided by this Website or giving rise to liability or be in violation of any applicable law; and
  • not use this website to provide any content or service in any commercial manner, or in any manner that would involve junk mail, spam or any other form of unauthorised advertising or commerce without our prior written consent.

Registration of Interest

Subject to these Terms, you may browse the Website anonymously via the internet and without providing us with any personal information. 

While we allow you to access and browse the Website anonymously, in order to apply for a loan you will need to register your interest.

The functionality of the Website may vary depending on whether you are a unregistered or registered user.

When you register your interest, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register your interest, you are responsible for the accuracy of this information. To register your interest, you must be:

  • at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us;
  • agree and warrant to use the Website in accordance with these Terms;
  • agree to provide true, accurate and complete information and to keep this information up to date;
  • agree to us contacting you by the personal information you provide.

Once you have submitted your request to create a user profile with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create a user profile with us and we do not need to give any reasons for our refusal.

If you are a registered user, you:

  • must not disclose your login credentials for the Website to any other person;
  • acknowledge that the login and password are for your personal use only;
  • make take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to any other persons or is observed by any other person;
  • if you have lost your login credentials, or you have any reason to believe that someone else has access to your account, you must notify us by email immediately to myprivacy@getbene.com.au ; and
  • you must change your password on a reasonably frequent basis and each time we prompt you to do so.

We have no obligations to you to assist or involve itself in any way with any dispute between users.

Applying for a Loan by our Website

If you wish to apply for a loan you will need to complete an application form online. Loans will be provided to Australian consumers only. We will then undertake an assessment of risk including independently verifying the identity of any borrower, beneficiary or guarantor of a borrower. You represent and warrant that you have the full authority to engage in any transaction you undertake.

Should you be approved for and subsequently offered a loan, the provision of the loan to you, including the loan amount, loan rate and other details in relation to the loan will be subject to separate terms and conditions as set out in the loan agreement.

Collection Notice

We collect personal information about you only if we reasonably need that information for our functions and activities. For example, we collect personal information about you so we can:

  • understand your banking requirements and develop our products and services;
  • offer you our products or other products as they become available and that may be of interest to you;
  • make products available to you at your request;
  • improve the services and products we offer;
  • manage our arrangements with you efficiently; and
  • for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services or products to you.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is general information only and is intended to provide a summary of the subject matter covered. The information contained on the Website does not take into account your individual circumstance and should not be taken or relied upon as advice.

All figures and amounts displayed on the Website are in Australian dollars.

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website.

We shall not be held liable in any respect whatsoever for the accuracy or suitability or reliance by you on the information or data contained on the Website. The information or data contained on this Website is provided solely on the basis that you accept the risk of using any information or services contained on this Website and is responsible for making its own assessment of any matters contained on this Website. To satisfy yourself that a loan is satisfactory for you, you should make your own inquiries and consult an adviser to provide you with advice and help you form your own opinions of the information, and whether the information is suitable for your individual needs.

You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

Linked Sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

 

Unacceptable Activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice, including if we consider it necessary to comply with any requirements of the law  or consider that you are using the services provided on the Website in an inappropriate manner.

Any termination of these Terms by you does not release you from or affect any accrued obligations under these Terms.

These Terms, our Privacy Policy and Credit Reporting Policy will survive any termination, however you may no longer be authorised to access the Website if you breach any of these Terms, in which case your permission to use the Website or any information contained on the Website shall automatically terminate.

We reserve the right to refuse or terminate your registration at any time and on our discretion.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations and disclaims all warranties of any kind, either implied or express,  about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

You agree to indemnify us, ourrepresentatives, related parties, officers, directors, employees, agents, and independent contractors from any claims or demands, including any legal fees incurred by us on an indemnity basis which has arisen as a result of the you use of this Website.

Jurisdiction and Governing Law

Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

Severability

If any of these terms or conditions are held to be invalid, illegal, unlawful or otherwise incapable of being enforced, all other terms and conditions shall nevertheless remain in full force and effect and be valid and fully enforceable and no other terms and conditions shall be construed to be dependent upon any other term or condition.  

Force Majeure

We are not in breach of these Terms or otherwise be liable to you or any other person for any unavailability or failure of the Website or its contents or any failure to comply with the Terms that is caused by or arises from any event or circumstances before our control.

No Assignment 

Your rights and obligations under these Terms are personal to you and you must not assign, transfer or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign or transfer or other dispose of our rights and/or obligations under these Terms without notice to you. 

Entire Agreement

These Terms and any additional terms published on our Website from time to time constitute the whole agreement between use relating to its subject matters and supersedes and extinguishes all prior agreements, representations, warranties or any other arrangements, whether written or oral.

Date:    18 April 2019