{"id":4175,"date":"2020-04-28T16:45:57","date_gmt":"2020-04-28T16:45:57","guid":{"rendered":"https:\/\/swoopfunding.com\/au\/?page_id=4175"},"modified":"2024-04-08T20:10:11","modified_gmt":"2024-04-08T20:10:11","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/swoopfunding.com\/au\/terms-and-conditions\/","title":{"rendered":"Terms and conditions"},"content":{"rendered":"\n

Thank you for visiting Swoop<\/strong><\/p>\n\n\n\n

These terms and conditions (\u201cTerms of Service\u201d<\/strong>), which include our Privacy Policy, govern the use of the broking service (\u201cService\u201d<\/strong>) provided by Swoop Finance Pty Ltd (\u201cwe\u201d, \u201cus\u201d, \u201cour\u201d<\/strong>) to any business registered with us (\u201cyou\u201d, \u201cyour\u201d<\/strong>).<\/p>\n\n\n\n

Swoop Finance Pty Ltd who are registered  in 4\/34 Curlewis Street, Bondi, NSW 2026, Australia (ACN: 644513333 & ABN: ABN: 52644513333). The company is a subsidiary and licensee of BizFly Limited which is registered in Ireland (company number 601838) and has its Registered Office at Kinnear Court, Mullingar, Co. Westmeath, N91 TY40, Ireland.<\/p>\n\n\n\n

We are a broker, not a finance provider.<\/p>\n\n\n\n

Limitations of what we offer<\/strong><\/p>\n\n\n\n

Our Service is intended for your own business-related purposes only.<\/p>\n\n\n\n

We do not provide debt counselling or debt advice. If you would like support in this area, you could consider contacting the National Debt Hotline<\/a>.<\/p>\n\n\n\n

We cannot guarantee that our Service will be successful for you, neither are we obliged to provide our Service to you.<\/p>\n\n\n\n

Our Service is based on information from third parties. We have no control over this information, and it may contain inaccuracies or errors.<\/p>\n\n\n\n

Where you have not made us aware of your specific needs, it is your responsibility to ensure that any options presented to you through the Service meet your requirements.<\/p>\n\n\n\n

Content and information that we provide as part of the Service may not be timely or correct, and will change without notice, meaning that it is for your general information and use only.<\/p>\n\n\n\n

Limitation of Liability<\/strong><\/p>\n\n\n\n

To support free usage of our Service, we must expressly exclude liability for any inaccuracies, service failures or errors to the fullest extent permitted by applicable<\/p>\n\n\n\n

law. Accordingly, we cannot provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information offered through the Service.<\/p>\n\n\n\n

To the maximum extent permitted by applicable law, we are not responsible for any Liability suffered by you or any third party, arising from or in connection with your use of our Platform and\/or your use of our Services and\/or any interaction you have with finance providers whether in person or online, and\/or any inaccessibility of, interruption to or outage of our Platform and\/or the fact that the content is incorrect, incomplete or out-of-date.<\/p>\n\n\n\n

To the maximum extent permitted by applicable 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.<\/p>\n\n\n\n

Nothing in these terms shall seek to exclude or limit liability for death or personal injury or any other liability that cannot be lawfully excluded or limited.<\/p>\n\n\n\n

This will survive termination of these Terms.<\/p>\n\n\n\n

Our Services<\/strong><\/p>\n\n\n\n

While the Service is free of charge to you unless otherwise stated, we may receive commission from Finance Providers for introductions we make to them. We have a Conflicts Policy to detect and manage any potential conflicts that might arise.<\/p>\n\n\n\n

The Service is not intended as advice or to be relied upon by you in any way, including as the basis for making or not making any decision, and you should obtain your own independent financial, accounting, tax and\/or legal advice concerning your activities in connection with the Service and any finance application and\/or agreement.<\/p>\n\n\n\n

You use and download information from the Service at your own risk and should use software to detect and disinfect viruses in any information you use and download.<\/p>\n\n\n\n

The availability of third party sites, links, services or information via the Service does not constitute any recommendation, advice, endorsement or publication by us and we are not responsible for any such sites, links, services or information provided by any third party.<\/p>\n\n\n\n

We reserve the right to change any aspect of the Service at any time without notice or to suspend access to the Service, or to end it.<\/p>\n\n\n\n

Your usage and responsibilities<\/strong><\/p>\n\n\n\n

By using the Service, you agree to notify us promptly of any changes in the details you have provided to us. You shall ensure that all information you provide to us is complete, true, up-to-date, and accurate in all respects. You are solely responsible at your own cost and expense for creating backup copies and replacing any information you provide via the Service.<\/p>\n\n\n\n

You agree that we (and our Providers) may carry out identity verification and credit checks on you and your owners or directors. You and your owners or directors acknowledge that credit reference agencies link together the records of you and anyone that you have advised us is a financial associate (e.g. someone with whom you have a joint credit account) including previous and subsequent names of parties to the account. Links between financial associates will remain on yours and their credit reference files until such time as you or your associate successfully files for a disassociation with the credit reference agencies. We (and any Finance Provider) may consider information about yours and your owners\u2019 or directors\u2019 financial associates in yours or their credit reference.<\/p>\n\n\n\n

You agree to keep your username and password secure and when they are used to log in we will assume that you are the person giving instructions and you will be liable for them unless and until you notify us that this is no longer the case. You are responsible for any activity through the Service arising out of any failure to keep your password secure. We may refuse or disable your access at our sole discretion without notice or explanation, where it is lawful to do so.<\/p>\n\n\n\n

If at any time you wish to cease using the Service, you may contact us to request deactivation of your account. Within a reasonable time of this notification, we will remove any third-party data access you may have given us. We will maintain historical data as described below.<\/p>\n\n\n\n

If you have agreed to pay us for any aspect of the Service, you recognise that we may withdraw your rights to use the Service as a result of non-payment.<\/p>\n\n\n\n

You agree not to use the Service in a way that harms our reputation, and you agree to comply with all applicable laws and regulations, including the Australian Privacy Act 1988.<\/p>\n\n\n\n

You agree to indemnify and hold us, our staff, officers, group companies and partners harmless from loss, damage, or claim, made by third parties and\/or incurred as a result of your breach of these terms.<\/p>\n\n\n\n

We will make reasonable efforts to provide support for the Service during office hours by email on support@swoopfunding.com, <\/a>or by web chat or by telephone on: +61279083807<\/p>\n\n\n\n

Our intellectual property<\/strong><\/p>\n\n\n\n

You recognise that unless otherwise stated in writing we do not grant you any intellectual property rights in relation to the Service. These include copyright, database rights, our trademarks, domain names, design rights and patents.<\/p>\n\n\n\n

In addition, the Service contains material which is owned by us or our licensors, including but not limited to source code, algorithms, databases, copy and graphics, and you recognise that unless otherwise stated in writing, we do not grant you any rights to these. You may link only to the home page of the Service. You must not display, frame or otherwise surround the contents or any page from the Service, or allow such content or page to be displayed framed or otherwise surrounded, with material not originating from us without our prior written consent.<\/p>\n\n\n\n

You will not acquire any proprietary rights (including database rights) to any information provided via the Service.<\/p>\n\n\n\n

You will not:<\/p>\n\n\n\n

a. use the Service to:<\/p>\n\n\n\n