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Terms of Use

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Website Terms of Use

By accessing or using the Websites, you acknowledge that you have read and understood and agree to be bound by these terms of use. “Websites” means:

  • our main website;
  • any other pages and websites accessible from our main website which are hosted on domain names we own or control;
  • any live chat function we offer on these sites;
  • any online application forms we make available on these sites (including applications to apply for credit, or to become an accredited broker);
  • any portals we make available for the submission of additional information or to check out or complete a loan agreement with us;
  • the OnDeck Platform as defined in a Business Loan Agreement (which is the platform we make available for customers to obtain information about their loans with us); and
  • the Lightning Check Portal (which allows brokers to submit requests for quotes on behalf of clients).

The Websites are operated by, or for and on behalf of, On Deck Capital Australia Pty Ltd ABN 28 603 753 215 of Level 11, 135 King Street, Sydney, New South Wales, Australia (“OnDeck”, “we”, “us” and “our”).

 

Privacy

In using the Websites, you may give us personal information. In doing so, you confirm that you are authorised to provide us with that personal information, and grant us consent to collect, store, use and disclose such personal information in accordance with our Privacy Policy.  This includes our keeping digital logs of your use of the Websites for us to complete and manage our transactions with you and to maintain proper transaction records as required by law.

If you provide us with personal information and don’t opt out of receiving marketing communications from OnDeck, OnDeck may, from time to time and in accordance with your communication preferences, send you marketing material that may be relevant to you (including material that may promote third party products and services). Unless and until you opt out, OnDeck may communicate with you using the contact details you provided when accessing the Websites. Our Privacy Policy provides our contact details should you wish to make an inquiry about personal information we hold about you arising from your use or access of the Websites.

 

Intellectual Property rights

The Websites, including all information, data, text, graphics, images, sound or video files, advertisements and other material (“Content”), is and remains at all times the property of OnDeck (and/or its licensors) and is protected by Australian and international trademark and/or copyright laws.

You must only use the Websites and Content lawfully and in accordance with these terms of use. You are not permitted to:

  • download, republish, retransmit, reproduce or otherwise use any item of the Content as your own content;
  • modify or otherwise make derivative works of the Websites or Content;
  • remove or modify any copyright, trademark, or other proprietary Content;
  • use any data mining, robots or similar data gathering or extraction methods; or
  • use the Websites or the Content other than for its intended purposes.

All names, logos and trademarks are the property of OnDeck (and/or third-party licensors). Nothing on the Websites should be construed as granting any licence or right to use any name, logo or trademark without the express prior written permission of OnDeck or the relevant third party.

The Websites may contain links to other third-party websites and may on occasion display content or information from other third-party websites or sources (“Third Party Content”). While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, current or suitable for any purpose.

 

General restrictions

In using a Website, you must not:

  • provide us with any information that is inaccurate, misleading or incomplete, without limitation, in relation to your identity, your financial position or trading information or that of your business;
  • violate any applicable laws, or use the Websites for any purpose that is unlawful;
  • distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  • collect or store data about other users of the Websites; or
  • engage in any other conduct that inhibits any other person from using the Websites.

We may termination or limit your use of any Website at our reasonable discretion without notice to you (for example, due to security concerns or infringement of these terms of use).

 

Disclaimers

Use of the Websites is entirely at your own risk. Changes are made periodically to the Websites and Content (including these terms of use) and may be made at any time, without giving notice to you.

If we amend the terms of use, amended terms of use will apply to any new access or use of the Websites and should be read again each time rather than relying on your having read them previously. Your continued access and use of the Websites following any such changes signifies and confirms your acceptance of those changes.

OnDeck is not responsible for any loss of data that may occur from your use of the Websites.

Content provided or displayed on the Websites is provided on an “as is” basis. OnDeck does not provide any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, or other Content that may be made available or otherwise included in the Websites.

To the fullest extent permitted by law, OnDeck and any third parties operating the Websites on our behalf will not be liable for any loss or damage whatsoever arising from your use or access of, or any inability to use or access the Websites. For the avoidance of doubt, this includes losses as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including failure to comply with these terms of use.

 

Other T&Cs

These terms of use generally apply to your access or use of the Websites. However, you may also be subject to other terms and conditions you have agreed with us.

If you are a customer - If you take a business loan from us, you will be subject to the terms of the Business Loan Agreement (BLA). The BLA will prevail to the extent there is any inconsistency between the BLA and these terms of use.

If you are a broker accredited with us- You are subject to terms and conditions which apply to your accreditation and the basis on which you provide a Referral Service to us.  If you use the Lightning Check Portal, you are also subject to the specific terms and conditions which apply to your use of that portal.  These specific terms and conditions will prevail to the extent there is any inconsistency with these terms of use.

Finally, if you provide consent to use of the Websites which is not listed above – the terms which apply that specific consent will prevail over these general terms.

 

Governing Law

The Websites are intended for users within Australia only.  These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.