Website Terms and Conditions of Use

Introduction

In these terms, the terms "we", "us", and "our" refer to ARC Lending Network and any affiliated entities, including holders of relevant licences.

Acceptance of Terms

By using, accessing, or navigating any of our websites, you acknowledge that you have read and agree to abide by these Terms and Conditions of Use, along with our Privacy Policy and any other notices or legal disclaimers available on our websites. These Terms may be updated periodically, and continued use of the website constitutes acceptance of the most recent version. Should you disagree with any aspect of these terms, you are not permitted to use our websites.

Changes to Terms

The current version of these Terms and Conditions supersedes all previous versions. We reserve the right to modify these terms at any time, with the updated version published on our websites. Your continued use of the site signifies acceptance of these changes.

Calculator Tools

Any calculators or resources provided on our website are for general informational purposes only. They are not intended to serve as financial or credit advice, nor should they be relied upon as a recommendation for any specific course of action. Always consider your personal circumstances before making any decisions based on these tools.

Online Security Risks

It is important to understand the potential risks associated with transmitting data via the Internet. Before using our online services, you should assess these risks and take appropriate precautions.

External Links

Our websites may contain links to external, third-party websites. We are not responsible for the content, accuracy, or practices of these websites, and the inclusion of such links does not imply endorsement. Any interactions or transactions you undertake with third-party websites are at your own risk. To the extent permitted by law, we disclaim all liability for any loss or damage arising from your use of third-party websites.

In some instances, we may receive commissions or payments from third-party websites when users follow links from our website and engage with their products or services.

Geographic Restrictions

Our websites and the products or services they describe are intended for use by Australian residents only. If you are accessing our website from outside Australia, please note that our services are not available to non-residents, and we cannot process applications or requests from non-Australian users. The content of our websites complies with the laws of the Commonwealth of Australia.

Third-Party Software

Any software made available for download via third-party links on our site is the property of those third parties, not us. Such software is subject to licensing agreements with the respective provider, and we disclaim any responsibility or liability related to the use of third-party software. We welcome your feedback on third-party services, but any issues should be directed to the relevant provider.

No Warranties or Guarantees

While we make every effort to ensure that the information on our website is free from errors, we cannot guarantee its accuracy, completeness, or suitability for your specific circumstances. All content is provided "as is" and may change without notice. We recommend seeking independent advice before acting on any information provided.

We also do not warrant that our website will be free from viruses or that access will be uninterrupted. You are responsible for ensuring that your method of accessing the website does not expose you to viruses or other harmful elements that could damage your system.

Limitation of Liability

To the extent permitted by law, neither we nor our employees, agents, or representatives will be held liable for any direct or indirect losses, damages, or claims arising from your use of our website. This includes, but is not limited to, any interruptions or modifications to the site or its content.

Where liability cannot be excluded by law, our responsibility is limited to, at our discretion:

  • Resupplying the goods or services;

  • Repairing the goods or services;

  • Covering the cost of resupplying or repairing the goods or services.

Intellectual Property Rights

All content on our websites is protected by copyright law. Unless permitted by the Copyright Act 1968 (Cth), you may not reproduce, distribute, modify, or use any part of our website without our prior written permission. This includes any form of electronic, mechanical, or other means of reproduction or distribution.

Additionally, our trademarks and those of our licensors may be present on the website. You are not permitted to use any of these trademarks without obtaining written consent from us.

Linking to Our Website

You may not create a link to our website from another site without first obtaining our express written permission. Any unauthorised linking is strictly prohibited.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Australia. By using our websites, you submit to the jurisdiction of the courts of Australia.

Privacy Policy

Our Commitment to Your Privacy

At ARC Lending Network, we recognise the importance of safeguarding your personal information. This Privacy Policy outlines how we manage and protect the personal data you provide to us, ensuring its use aligns with our commitments and legal obligations.

We are dedicated to using any personal information collected from you only for the purposes specified or as permitted by law. We want you to feel confident that your data is handled securely and responsibly, in compliance with the Australian Privacy Principles as outlined in the Privacy Act 1988 and other relevant legislation.

What is Personal Information?

Personal information refers to any data that can reasonably identify you. This could include your name, contact details (such as address, phone number, and email), date of birth, and occupation. In some cases, it may include financial details, such as account numbers, income, expenses, and employment history.

If you're applying for finance, additional information like the ages of your dependants, cohabitants, and employment details may also be required. We may also collect credit-related information, such as your outstanding loans, repayment history, and any defaults, which are typically exchanged between credit providers and credit reporting bodies.

If you are purchasing products or services through us, or if payments need to be made to you, we will also collect your payment information. For employment or broker applications, we may gather work history details and request feedback from referees.

Why We Collect Personal Information

We collect your personal information primarily to assess your application for finance and manage that finance accordingly. It also helps us maintain our relationship with you and may be used for marketing purposes. We may occasionally offer additional products or services that could interest you.

When applying for employment or a finance broker position with us, we collect personal details to assess your suitability. For processing payments, we collect and use payment information.

To maintain effective business relationships, we may share your personal information with external organisations that provide or support the products and services we offer. Such organisations may include other mortgage intermediaries, insurers, credit reporting bodies, valuers, and accountants. We may also share information with organisations considering investment in or acquisition of our business.

How We Collect Personal Information

Where feasible, we prefer to gather personal information directly from you. However, we may also collect information from other sources, such as credit reporting agencies, finance brokers, accountants, and legal representatives.

Disclosure of Personal Information

Your personal information may be disclosed to:

  • Prospective funders or intermediaries for your finance needs;

  • Organisations involved in managing or administering your finance, such as service providers and credit reporting bodies;

  • Our associated businesses that may offer related products or services;

  • Service providers responsible for maintaining our systems and infrastructure;

  • Your representatives, such as finance brokers, lawyers, and accountants;

  • Any party with your consent;

  • Legal bodies, where required by law, or in response to legal directives, such as subpoenas;

  • Investors, agents, or advisors with an interest in our business;

  • Overseas entities that support our functions, which may include locations such as the USA, UK, Canada, Ireland, Malaysia, India, and the Philippines.

Before sharing your information with any third party, we take reasonable steps to ensure that your privacy is respected and that the recipient provides adequate data protection.

Credit Information

We may collect and exchange your credit information with credit reporting bodies. This includes details about your existing finance (such as the name of the credit provider, finance terms, and repayment history), as well as default information and any legal proceedings related to your credit.

Your credit information helps us assess your application for finance and manage that finance over time. We store this information securely, both in electronic format and physical records, and may use cloud storage systems, including those located outside Australia.

You have the right to request access to your credit information and can ask us to correct any inaccuracies. Credit reporting bodies may also use your information to pre-screen credit offers or protect against fraud, and you have the option to opt out of such uses.

Direct Marketing

We may use your personal information to keep you informed about finance products, services, or other updates that may be of interest to you. If you prefer not to receive marketing communications, you can opt-out at any time by contacting us, or by using the "unsubscribe" function in email communications. There is no charge for opting out, and we will act promptly to remove you from our marketing lists.

Updating Your Information

To ensure the accuracy of your personal information, we encourage you to notify us of any changes. If you wish to update or correct the personal data we hold, please contact us, and we will promptly amend your records. We rely on you to help us keep your information up-to-date and accurate.

Accessing and Correcting Your Information

You may request access to the personal or credit information we hold about you at any time. We aim to respond to such requests within 30 days, and while a fee may apply for retrieval costs, we will always explain any fees in advance.

In some instances, we may refuse access, such as when the information is tied to legal proceedings. If we deny your request, we will provide a clear explanation. If any information is found to be inaccurate, we will correct it as soon as possible, and you will be notified of the outcome.

Security of Your Information

We take reasonable steps to protect your personal information from misuse, loss, and unauthorised access or disclosure. Information is stored in both paper and electronic formats, with stringent security measures in place to ensure its confidentiality and integrity.

Complaints Process

If you have concerns about how we have handled your personal information, or if you believe we have not adhered to this Privacy Policy, please contact us. We will acknowledge your complaint within two business days and aim to provide a resolution within 30 days. Should you remain dissatisfied, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC).

Changes to Our Privacy Policy

As we continually review and improve our policies to reflect changes in the law, technology, and market expectations, this Privacy Policy may be updated from time to time. You can request a copy of this policy or any updates in an alternative format at any time.