Terms and Conditions

TERMS AND CONDITIONS AND WEBSITE USE

  1. THE WEBSITE
    • The following Terms and Conditions govern your access to and use of Helifin.com.au located on the web via the domain https://helifin.com.au and includes all of the Material located in that domain (the ‘Website’) and applies to all Engagements by you and Service to you and is made between Helifin.com.au T/A I Want Finance Pty Ltd ACN 666 632 015 (Helifin, us, we, our) and you, comprising of the following parts:
    • If there is an inconsistency between the documents listed in Clause 1 then these Terms and Conditions and any subsequent terms provided to you by us will prevail to the extent of the inconsistency except to the extent any of the provisions in any third party terms and unfair contract terms under the ACL or are otherwise illegal, unenforceable or invalid.
    • These Terms and Conditions commence when you first access the Website and will continue until it expires or is terminated.
    • You represent to us that you are lawfully able to enter into an agreement such as these Terms and Conditions and you have legal authority to bind the organisation or entity you represent (such as the company you work for or are an officeholder of).
    • The Website offers you access to a collection of products, services and online resources conditional on your acceptance without modification of these Terms and Conditions, Privacy Policy and notices contained across the Website.
    • Your use of the Website and its Material, associated products, services and online resources constitutes your agreement to these Terms and Conditions.

  2. CONDUCT
    • You agree not to use the Website to: upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory; and impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; and upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; and upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; and upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program; and disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchange; and interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and “stalk” or otherwise harass, threaten or intimidate any person or internet user.

  3. SERVICES
    • We do not hold nor do we proport to hold an Australian Financial Services Licence (AFSL) or Credit Licence. The Services that we provide are not covered by the National Consumer Credit Protection Act 2009 (Cth) and the National Credit Code is not applicable.
    • The Services we provide only relate to the provision of credit contracts or consumer leases which are wholly or predominantly for business purposes.
    • You must provide sufficient information prior to entering into an Engagement with us (including any special requirements) to enable us to provide you with the Services.
    • We may refuse to accept an Engagement (or part of it) on reasonable grounds.
    • If an Engagement includes any special conditions agreed by us, they will, unless stated otherwise take precedence over these Terms and Conditions.

  4. REQUIREMENT FOR REGISTRATION
    • We reserve the right to make any parts of the Website accessible only to users who have registered.
    • Upon registration with the Website, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the we will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
    • You must immediately notify us of any known or suspected unauthorised use of any password or any other breach of security.
    • In order to register an account with the Website, you must agree to these Terms and Conditions and provide the Company with:
      • a valid email address;
      • accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
      • any other information that may be required by the us during the registration process.
    • You must promptly update this information to maintain its accuracy at all times.
    • You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
    • One person or one entity may not maintain more than one account with the Website. Accounts registered by “bots” or other automated methods are not permitted.
    • Approval of registrations
    • We reserve the right to accept or reject any application for registration of an account with the Website at our discretion.

  5. CONSENT TO DISCLOSURE
    • You acknowledge that in order for us to provide the Services to you, we will disclose your Personal Information including your credit application to credit providers and third parties as required.
    • Subject to Clause 18, you consent to the disclosure of your Personal Information by us to third parties and credit providers in connection with the Engagement.
    • You understand and acknowledge that:
      • Personal Information collected by us will be dealt with in accordance with our Privacy Policy; and
      • Any Personal Information that we disclose to and that is held by credit providers or third parties will be dealt with in accordance with their respective privacy policies.
    • A list of credit providers and links to their respective websites can be found in our Privacy Policy.

  6. FEES AND PAYMENT
    • We receive payment by way of a commission on settlement of the financial product entered into by you with the credit provider.
    • You acknowledge that a commission, reward, or gift may be paid to us by the credit provider before you enter into the agreement with the credit provider.

  7. GST
    • Subject to prior receipt of a valid Tax Invoice you agree to pay GST on any Taxable Supply made to you under these Terms and Conditions, at the same time and in the same way as is required to make payment of the applicable fee for the Taxable Supply.
    • If an adjustment event occurs in relation to a Taxable Supply made under or in connection with these Terms and Conditions, Engagement or Service the amount of GST will be re calculated to reflect that adjustment and an appropriate payment will be made between you and us.
    • Where any indemnity, reimbursement or similar payment under these Terms and Conditions is based on any cost, expense or any other liability, it must be reduced by an Input Tax Credit entitlement, or notional Input Tax Credit entitlement, in relation to the relevant cost, expense or other liability.
    • This clause 6 survives the termination of these terms and conditions.

  8. LINKS TO THIRD PARTY WEBSITES AND DOWNLOADS
    • The Website may contain links to other websites (‘Linked Third Party Sites’).
    • We do not endorse or approve of the operators of the Linked Third Party Sites or the information, graphics, software downloads and material available on those Linked Third Party Sites. (“Linked Third Party Material”).
    • We are not responsible or liable directly or indirectly for any software downloads available from Linked Third Party Sites. Downloads obtained from Linked Third Party Sites may be subject to a licence agreement, terms and conditions, privacy policies and notices between you and the relevant Linked Third Party Site.
    • We are not responsible for webcasting or any other form of transmission received from any Linked Third Party Site.
    • We are providing details to Linked Third Party Sites to you only as a convenience and the inclusion of any Linked Third Party Site on our Website does not imply endorsement or approval of that Linked Third Party Site.
    • We make no warranties or representations:
      • regarding the quality, accuracy, merchantability or fitness for purpose of any Linked Third Party Material or products or services available through Linked Third Party Sites; or
      • that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
      • authorising the reproduction of Linked Third Party Material.

  1. NO UNLAWFUL OR PROHIBITED USE
    • As a condition of your use of the Website and Services, you warrant and agree that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
    • You may not use the Website or Service provided to you in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.
    • You must not obtain or attempt to obtain any Material through any means not intentionally made available or provided through the Website.

  2. USE LIMITATION
    • You warrant that you will not modify, copy, distribute, transmit, or sell any information, products or services obtained from the Website.

  3. PRODUCT AND SERVICES INFORMATION
    • Services displayed or offered on the Website contain general information about products and services. Unless expressly stated, this general information does not constitute an offer to treat or inducement to enter into a legally binding contract or Engagement with us.

  4. WARRANTIES
    • We make no warranty that:
      • the Website will meet your requirements;
      • the Website will be uninterrupted, timely, secure, or error-free;
      • the results that may be obtained from the use of the Website will be accurate or reliable;
      • the quality of the Services or Material obtained by you through the Website will meet your requirements or expectations.
    • If you are a consumer under the ACL, the Services come with guarantees that cannot be excluded under the ACL and you are entitled to:
      • Your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage;
      • our choice of having the Services refixed, repaired, replaced or refunded if failure does not amount to a major failure. We’ll do this within a reasonable time.
    • To the extent permitted by law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms and Conditions or any warranty document given to you. .
    • You warrant and acknowledge that:
      • your use of the Website is at your sole risk and that the Website is provided on an “as is” and “as available” basis.
      • you will not re-write, frame, link, copy, resell, redistribute or transmit in any form by any process, or otherwise use without our prior written permission.
      • your use of the Website is your acceptance of these Terms and Conditions and the Privacy Policy;
      • Anything downloaded or obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from a download from the Website; and
      • your Engagement with us for the Services is wholly or predominantly for business or investment purposes; and
      • If during your Engagement with us, the purpose of the Service becomes other than for investment or predominantly business, you will immediately inform us of this change in writing.

  1. LIMITATION OF LIABILITY
    • To the maximum extent permitted by law, Helifin and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms and Conditions or the use of the Website by you or any other person.
    • To the maximum extent permitted by law, Helifin and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.

  1. INDEMNITY
    • You indemnify us and hold us harmless including our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual losses or damages, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
      • any Personal Information that you submit, post, transmit or otherwise make available through the Website;
      • your use of, or connection to, the Website; or
      • your negligence or misconduct, breach of these Terms of Conditions or violation of any law or the rights of any person.

  1. TERMINATION
    • You acknowledge that these Terms and Conditions and your access to the Website may be terminated if you commit an Act of Default which is not remedied within 5 business days of us giving you written notice to do so.
    • You agree that we are not liable to you or any third party for any termination of your access to the Website.
    • If we commit an Act of Default which is not remedied within 5 days of you giving written notice to us to do so, you may obtain a refund of any amount of the price already paid for Services not delivered, less any other amounts due and payable to us.

  2. JURISDICTION
    • These Terms and Conditions are governed in all respects by the laws of the state of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

  3. ASSIGNMENT
    • You may not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions without our prior written consent. Your registration with the Website is personal to you and may not be sold or otherwise transferred to any other person.
    • We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions at any time without notice to you.

  4. COPYRIGHT AND TRADEMARKS
    • The content of the Website is owned by us and we reserve all rights, including copyright under the Copyright Act 1968 of all Material on the Website.
    • The information on the Website is current at the date of publication and may be subject to change.
    • Notice of any change to these Terms and Conditions is taken to have effect on the day the updated or change is published for public access on the Website.

  5. CONFIDENTIALITY
    • Subject to Clause 4 where the Recipient receive Confidential Information for the Engagement or in connection with these Terms and Conditions, the Recipient must:
      • keep the Confidential Information strictly confidential,
      • not use, modify, reproduce or exploit the Confidential Information for any purpose other than as expressly prohibited under these Terms and Conditions,
      • not disclose Confidential Information to any person other than as expressly permitted under these Terms and Conditions,
      • establish and maintain effective security measures to safeguard the Confidential Information in the Recipient’s possession or control (including Confidential Information in the possession or control of any of the representatives of the Parties) from unauthorised access, use, copying or disclosure.
    • Notwithstanding Clause 1 and subject to Clause 4 the Recipient may disclose Confidential Information to:
      • Its representatives limited to the extent necessary to perform the Recipients obligations or exercise its rights under these Terms and Conditions,
      • To its professional advisors, to obtain legal or other professional advice in relation to matters arising under or in connection with these Terms and Conditions,
      • The extent required to comply with any law, binding directive of a regulator or a court order,
      • To the extent required to do so in connection with a legal processing relating to these Terms and Conditions, or
      • As otherwise agreed in writing between the Parties.
    • Where a Party has reasonable grounds to suspect a data breach has occurred that Party will:
      • Notify the other Party in writing including all relevant details regarding the suspected data breach without undue delay and no later than 72 hours after becoming aware of such breach,
      • Co-operate with the other Party to investigate the suspected date breach,
      • Take all reasonable steps to mitigate the impact of the suspected data breach,
      • Take all reasonable actions to prevent any repeats of the suspected data breach and
      • Co-operate with the other Party in good faith to minimise reputational damage or loss of goodwill, including liaising on communications with the relevant privacy regulator, affected individuals and other third parties to minimise disruption or distress to the individual.

  1. UNFAIR TERMS TO BE READ DOWN
    • If any law making unfair contract terms void or unlawful could apply to a term in these terms, the following rules apply to interpreting that term.
      1. if the law would make the term void because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way.
    • if the law would make the term void because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void
    • If, despite the application of this clause, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void. These reading down rules apply before any other reading down or severance provision in these terms and conditions.

  2. FORCE MAJEURE
    • Neither Party will be liable for any delay or failure in the performance of its obligation or the exercise of any rights under these Terms and Conditions or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that Party’s reasonable control.

  3. DISPUTES
    • If a dispute arises under these Terms and Conditions, the Party claiming that a dispute has arisen must give notice to the other Party specifying the nature of the dispute and nominate three practicing mediators of the Victorian Bar Association to mediate a resolution of the dispute.
    • Within 14 days of receiving said notice in writing, that Party must elect one of three nominated mediators and, within 7 days thereof, the Parties must schedule a mediation to take place within 90 days of the original notice given.
    • The parties are to bare their own legal costs and the costs of mediation will be shared by the parties equally.
    • Save for seeking urgent interlocutory or injunctive relief, neither Party may issue court proceedings in relation to a dispute arising from these Terms or Conditions until resolution by mediation has been attempted.

  4. SEVERABILITY
    • If any portion of these Terms and Conditions is deemed by a court of competent jurisdiction to be invalid, then the remainder of these Terms and Conditions shall remain in full force and effect and the offending provision or provisions severed.

  5. INTERPRETATION
    • In these Terms and Conditions:
      • headings, bold type and square brackets are for convenience only and will not affect interpretation of this document;
      • words in the singular include the plural and words in the plural include singular, according to the requirements of the context;
      • a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them.

  1. DEFINITIONS

ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth),  any equivalent State of Territory legislation, and any equivalent applicable provisions of the Australian Securities and Investments Commission Act 2011 (Cth)..

Act of Default occurs if either party:

  1. commits a material breach of these Terms and Conditions;
  2. is unable to pay its debts as and when they fall due;
  3. commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation; or
  4. has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.

Confidential Information means the information (in any form) directly or indirectly disclosed by the Discloser true the Recipient (regardless of whether identified as such or not) and includes:

  1. these Terms and Conditions and the commercial arrangements between the Parties,
  2. any information that the other Party knows or ought to know is confidential to the Discloser,
  3. the Discloses intellectual property,
  4. Any trade secrets, know-how, specifications, inventions, processes or initiatives which are of a confidential nature,

but does not include the Excluded Information.

Discloser means Party disclosing confidential Information and/or Personal Information (as applicable) to the other (or its Representatives) in connection with these Terms and Conditions. 

Engagement means any request for the provision of Services by you that has been accepted by us.

Excluded Information means any information to the extent which:

  1. it is in, or becomes part of, the public domain other than through breach of these Terms and Conditions or an obligation of confidence owed to the Discloser,
  2. the Recipient can prove by contemporaneous written documentation:
  3. it was already known to it at the time of disclosure by the Discloser,
  4. it was independently developed by the Recipient without reference to the Confidential Information of the Discloser; or
  5. the Recipient acquired it from a source other than the Discloser or any of its Representatives, where such a source is entitled to discuss it on a non-confidential basis.

GST means GST within the meaning of the GST Act;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and all regulations and rulings made under i;

Interested Person, Security Interest and Verification Statement have the meanings prescribed to them in the PPSA;

IPR means includes all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.

Material means information, text, material designs, logos, insignia, graphics, downloads and other images or other works or subject matter and any other form of content whatsoever available for consumption and viewing on the Website.

Party means a Party to these Terms and Conditions and Parties means both of them.

Personal Information means ‘personal information’ as that term is defined in the relevant and applicable privacy laws, and which is disclosed by the Discloser to the Recipient in connection with these Terms and Conditions.

Privacy Policy means our Privacy Policy located at https://helifin.com.au/privacy-policy/

Services means the deliverables and/or services provided, or to be provided, by us to you as identified in an Engagement.

Specifications means any official specifications or descriptions provided by us with the Services.

Tax Invoice has the meaning given to it in the GST Act.

Taxable Supply has the meaning given to it in the GST Act. .

Website means www.helifin.com.au and includes all of the files located in that domain.

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