Terms of Use
This website is operated by Kollectiv Capital ABN. 39475548743 and its related entities (“us”, we” and “our”) under the domain name www.kollectivcapital.com.au (our “website”).
1. Accepting these Terms of Use
Access or use of this site indicates your agreement to be bound by our Terms of Use. If you do not accept these Terms of Use, please exit the site and discontinue use of this service.
2. Our Website
2.1 You must use our website in accordance with these Terms of Use, only for lawful purposes and only in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of our website. You must not post or transmit to or via the website any information or material or otherwise use our website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
2.2 You understand and agree that your use of our website is provided on an “as is” and “as available” basis. Whilst we strive to ensure the highest quality of data and to keep the information on our website accurate, complete and upto date, we cannot guarantee, and do not represent or warrant that, the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current, and we will not be responsible for any direct or indirect damage or loss related to the accuracy, completeness or timeliness of the information provided on our website.
2.3 You acknowledge that although we use reasonable care and skill in providing and maintaining our website, we cannot promise that the website will be continuously available or virus or fault free, and you acknowledge that occasional periods of downtime occur. You acknowledge that we update and carry out maintenance on our website from time to time and may have to suspend access, service or functionality on our website from time to time, without notice. We do not guarantee that the website will be uninterrupted, timely, secure or error-free or that content loss will not occur, and we will not be liable if, for any reason, our website is not available at any time or for any period of time.
2.4 Our website may contain links to other websites operated by third parties (“Third Party Links”) and other resources and information provided by third parties (“Third Party Content”). We do not endorse or approve of the operators of Third Party Links and Third Party Content, and we are not responsible for the Third Party Links or Third Party Content. Subject to any applicable law which cannot be excluded, we make no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Links and Third Party Content or the products or services available through Third Party Links;
- that Third Party Content does not infringe the intellectual property rights or any person; and
- that Third Party Links or Third Party Content will be uninterrupted, error-free, accurate, complete or current.
2.5 The availability and/or access to any links on our website to Third Party Content does not represent our endorsement of such Third Party Content. We have no control over the Third Party Content, and we will not be liable for any loss or damage you suffer or incur when you access or use any Third Party Links or Third Party Content.
3. Content and Copyright
3.1 Subject to the other provisions of these Terms of Use, the material and content of our website (including text, photos, graphic designs and images) is owned or licensed and is protected by copyright, trademark and other intellectual property laws. By using our website, you agree that all material on this site is for personal use only and may not be modified, sold, redistributed or used for any commercial purpose.
3.2 Subject to clause 3.3, you retain all the rights in and to the content that you submit or post on or through our website.
3.3 By submitting and posting your content on our website:
1. you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to reproduce, publish, display and distribute your content;
2. you consent to us disclosing your content and personal information with our suppliers; and
3. you consent to us and our suppliers using your personal information to send you information about products and services that we feel may be of interest to you. You can unsubscribe from receiving this information at any time by emailing us at info@kollectivcapital.com.au
3.4 Privacy and Personal Information.
We recognise the trust you are placing in us through your dealings with us. We will do everything we can to maintain that trust and to protect personal information about you. This is our personal standard. Under law, your rights to privacy are also protected. The National Privacy Principles, the Privacy Act 1988 (Cth) and general law place requirements on us to treat certain information collected as confidential.
Our use of your personal information will be governed in accordance with our Privacy Policy, a copy of which can be found here.
4. Cookies
4.1 We use ‘cookies’ to provide you with a better and more customised service and a more effective website.
4.2 A ‘cookie’ is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.
4.3 We use cookies for different purposes such as:
- To allocate a unique number to your internet browsers;
- to customise our website for you;
- for statistical purposes;
- to identify if you have accessed a Third Party Website; and
- for security purposes
5. Advertising and tracking
5.1 When you view our advertisements on a Third Party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:
- the server your computer is logged onto;
- your browser type;
- the date and time of your visit; and
- the performance of their marketing efforts.
5.2 When you access our website after viewing one of our advertisements on a Third Party website, the advertising company collects information on how you utilise our website (eg which pages you view) and whether you complete an online application.
6. IP addresses
6.1 Your IP address is the identifier for your computer when you are using the internet.
6.2 It may be necessary for us to collect your IP address for your interaction with various parts of our website.
7. Online applications
This section applies to any online application that you submit to us.
7.1 When you send any online application to us we retain the information contained in that application. We are able to then use that information to provide any financial services that you require.
7.2 You can also suspend and save online applications, so you can complete and send the applications at a later time. If you suspend or save your application, the information that you have entered will be retained in our systems so that you may recover the information when you resume your application. Online applications that have been suspended or saved may be viewed by us.
8. Security of information
8.1 The security of your information is very important to us. Whilst we regularly review developments in security and encryption technologies, you acknowledge that no data transmission over the internet can be guaranteed as completely secure.
8.2 We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.
8.3 If we no longer require your information, and we are legally permitted to, we will take all reasonable steps to destroy or de-identify the information.
9. Disclosure to overseas entities
9.1 We do not generally disclose personal information obtained from cookies to overseas entities in the course of our activities.
10. Our Liability to You
10.1 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website. We are not liable for any loss or damage to the extent that it is caused by you.
10.2 You expressly acknowledge that we, and our subsidiaries, affiliates, officers, employees, agents, partners and licensors exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with your use of the website, any products or services we have provided, or in connection with any act or omission by us (negligent or otherwise). To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the website in connection with any business purpose.
10.3 If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the products, services, material, information or links, as the case may be.
11. Your Liability to Us
11.1. You are liable to us for breach of the website Terms of Use or negligence by you under the principles applied by the courts and you agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable lawyers’ fees, or arising out of or related to your breach of the Terms of Use, or your violation of any law or the rights of a third party.
12. No Warranties
12.1 The information provided by us are intended as general guidance only, in the provision of home finance, commercial finance, asset finance, general insurance and financial planning services. You acknowledge that no consideration has been given to your individual objectives, financial status, or needs. Subject to any applicable law which cannot be excluded, no representations or warranties of any nature whatsoever are given, intended or implied, and you should rely on your own inquiries as to the accuracy of any information of material available from this website.
11.2 Kollectiv Capital will not bear any responsibility whatsoever for the accuracy, truthfulness or completeness of any information placed with LA by you or any customer, nor bear any, responsibility, liability, culpability for any acts, omissions, negligence of any customer arising out of or in reliance of any such information provided or made accessible via our website.
13. No waiver for breaches by you
13.1 If we do not act in relation to a breach of the Terms of Use by you, we do not waive any rights to act in relation to that breach or any later breach by you.
14 General Terms
14.1 Variation. We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Use available on our website. Any changes to our Terms of Use will be effective immediately without prior notice. Your continued use of our website will be deemed to constitute your acceptance of such changes.
14.2 Severability. If any part of these Terms of Use is void, unenforceable or illegal, such provision(s) will be severed and the remainder of these Terms of Use will continue to have full force and effect.
14.3 Notices. Notices required to be given under these Terms of Use may be sent by email, by post or in the case of notices we give you, by making the information available on our website.
14.4 Relationship of Parties. There is no relationship of employment, partnership, agency or fiduciaries between you and us.
14.5 Jurisdiction. These Terms of Use are governed by and construed under the laws of New South Wales.
14.6 Dispute Resolution. Any dispute or difference arising out of these Terms of Use will be submitted to arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules 2020. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English.
14.7 Assignment. We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services or the Content made available or accessible through the Website.
14.8 Termination. These Terms of Use and your access to our website may be terminated at any time without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access our website.
15. Contact us
We provide a useful and simple method for contacting us. By using this service, you understand and agree that:
- the information provided will only be used for the purpose to which it was requested;
- all information provided will be governed by our privacy policy;
- for a response form Kollective Capital contact information must be provided.
If you have any queries or concerns, please email us at info@kollectivcapital.com.au.
