Platform Terms of Service

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

Important Notice

Our privacy policy (on our website) which sets out how we will handle your personal information
Clause 1.3 (Variations) which sets out how we may amend these Terms
Clause 4 (Subscription) which sets out important information about your Subscription
Clause 11 (Liability) which sets out exclusions and limitations to our liability

Disclaimer

Please note that our Platform and the content contained on our Platform (including any recommendations, comparisons and any other tools, information, insights or resources made available to you) are provided on an "as is" basis. The Platform is only designed to facilitate and automate the commercial lending process, and you must not use the Platform on the basis that it is legal, financial, superannuation or tax advice or for any consumer lending. We make no representation that any information, output or analyses provided is accurate or up-to-date.

1. Engagement and Term

These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

AFS Licence Requirements

By accessing our Services, you agree that you will:

Hold an AFS Licence and provide us with your AFS Licence number
Ensure each of your Authorised Users is covered by your AFS Licence
Comply with your obligations as a licensee under the Financial Services Laws

You acknowledge and agree that our Services and Platform are only intended to be used to serve business clients and must not be used for any consumer lending activities.

2. Our Services

We provide the following services to you:

Platform Access

Access to our cloud-based platform designed to automate the commercial lending process.

Support Services

Access to our troubleshooting support through our Platform.

Important Limitations

Our Services do not constitute financial, legal or risk management advice
You are solely responsible for verifying the accuracy of any output from the Platform
Support Services cannot be used to support other products or services
Beta Services are for evaluation purposes only and may be discontinued at any time

3. Account

You must sign up for an Account in order to access and use our Platform. You may invite Authorised Users to access and use our Services under your Account.

Keep Information Updated

Keep your information up-to-date and ensure it remains true, accurate and complete

Security

Keep usernames and passwords secure and confidential, and protect them from misuse

Report Unauthorised Access

Notify us if you become aware of any unauthorised access to your Account

4. Subscriptions

Once you have created your Account, you must choose a Subscription. The Subscriptions we offer will be set out on our Platform, including details of each Subscription's features and limitations.

Billing and Payments

You will be billed for Subscription Fees on a recurring basis during the Subscription Period
Subscriptions can be upgraded or downgraded at any time through your Account
Your Subscription will automatically renew at the end of each Subscription Period
You may cancel your Subscription through your Account

Late Payments

If any Subscription Fees are not paid on time, we may suspend your access to our Services and charge interest on overdue payments at the Reserve Bank of Australia's cash rate plus 2% per annum.

5. Platform Licence

While you have an Account, we grant you and your Authorised Users a right to use our Platform. This right cannot be passed on or transferred to any other person.

Prohibited Uses

You must not (and you must ensure that your Authorised Users do not):

Access or use our Platform in any way that is improper or breaches any laws
Interfere with or interrupt the supply of our Platform
Introduce any viruses or other malicious software code
Use any unauthorised or modified version of our Platform
Attempt to access any data or accounts you are not authorised to access
Use our Platform for service bureau use, outsourcing, renting, or reselling

6. Intellectual Property and Data

We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property.

Your Data

We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data.

Your Responsibilities

You are responsible for the integrity of Your Data on your systems and ensuring you have the right to collect and disclose Personal Information to us.

7. Liability

Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any Liability caused or contributed to by:

Your computing environment (hardware, software, IT and telecommunications services)
Your use or reliance on any content or output provided through our Platform
Any use of our Services by unauthorised persons or for consumer lending purposes

Aggregate Liability Cap

Our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us, or if you do not have a Subscription, to AU$1,000.

8. Suspension and Termination

We May Terminate If:

You fail to pay Subscription Fees when due
You breach these Terms and don't remedy within 14 days
You experience an insolvency event

You May Terminate If:

We breach these Terms and don't remedy within 14 days
At any time by providing notice (takes effect at end of Subscription Period)

Questions About These Terms?

For any questions or notices, please contact us at:

Splendid Finance Pty Ltd

ACN 676 015 848

Email

privacy [at] splendidfinancing.com

AI Platform Terms of Service