Legals

Valiant Finance – Terms & Conditions of Use

Version date: 5 June 2017

The following Terms and Conditions apply to your use of this VALIANT FINANCE PTY LTD (ACN 606 560 150) ("Valiant") website. Your use of the website means that you accept these terms and conditions. If you do not agree to be bound by these terms, you must cease use of the website and services, or be taken to be bound by them terms and conditions governing use of the site.

Valiant matches Australian small businesses with providers of finance. This includes identification of potentially applicable lending products and lenders that may be interested in funding a small business finance need and the facilitation of introductions to such lenders. We identify products and lenders, and introduce the small business using a proprietary matching algorithm and application platform. The information provided on the website, and through the matching process is a guide only, based on information provided by lenders regarding the basis upon which they are likely to approve an applicant and may not be complete for your purposes or take account of every factor that will be relevant in the lender’s final decision. Valiant does not warrant the accuracy of information provided, and it is recommended that information is confirmed with the third party product providers on our platform. Valiant and its agents assume no responsibility for actions or omissions to act based on any information, services, or other material on our website.

Additional terms and conditions are set out below.

Defined terms

These Terms and Conditions ("Terms") may refer to "Valiant", "our", "us", and "we" interchangeably. These terms apply between Valiant and the "User", also referred to as "you".

Disclaimer of warranty

Although Valiant has taken great care to ensure the reliability of any statements on our website, Valiant gives no warranty in relation to such statements or information. We expressly disclaim liability arising from persons acting or failing to act based on the information contained on our website. Valiant further disclaims any responsibility or obligation to provide updates on published information. These disclaimers explicitly extend to third-party content published on our website, whether by organisations or individuals, including (but not limited to) on our blog and forum. Such content reflects the views, beliefs, and/or positions of the authors of the content, and not necessarily those of Valiant.

Limitation of liability

Valiant will not be held liable for any incidental, special, consequential, or indirect damages arising out of, or related to, the use of the website or services provided by Valiant. This will be the case even if Valiant knows or has been advised of the possibility of such damages. These damages include, but are not limited to, damage for loss or corruption of data, and interruptions to the services we provide.

Valiant's aggregate liability in relation to harm caused or loss suffered through use of the website or services we provide will be limited to any amount paid by you to Valiant in order to use our services, or, in the event that no such amount was tendered, 100 AUD.

Copyright and links to third party websites and services

This website is subject to copyright and is entirely owned by Valiant. The website may also display third party materials that are subject to copyright. Except as permitted by the Copyright Act 1968, you may not reproduce, sell, publish, transmit or disseminate the contents of this website without our prior permission. You may use the information provided for your private or internal purposes only.

The Valiant website may contain links to websites of third-parties. These third party websites are not under Valiant's control, and we disclaim responsibility for any content provided on a third-party website. Reference on our website to any products, services or other information (by use of name, logo or otherwise) does not constitute endorsement of such products, services or information. Indicative rates provided are for information purposes only, and must be confirmed with the third party quoted before relying on such a quote. Your correspondence and/or business dealings with third-parties found on or through our website are solely between you and such third-parties, and you agree that Valiant will not be held liable for any loss or damage arising through such correspondence or business dealings.

Use of information or content provided by users

  1. Status of content submitted to our website and for provision of services –

    by submitting content (including personal and business information) to our website, you agree to grant Valiant a perpetual, non-exclusive, irrevocable, royalty-free license to use of such content. Use may include but is not limited to - reproduction, adaptation, editing, modification, translation, publication, transfer, and/or distribution of the content. This shall specifically include license for us to make the content available to other companies/organisations with whom we have business relationships. Such provision of your information may require changes to your content.
  2. Inquiry with a specific lender - by submitting your information to retrieve your loan options, you consent to us providing matched lenders with the following information:

    • Your personal details as provided by you to us (including business owner name, business name, ABN/ACN)
    • Contact details (email address, phone number)
    • Trading, operational, and financial data as provided to help us match you with that lender (including but not limited to time in business, industry, presence/absence of past defaults etc)
    • Any other information entered into our platform by you, or made available by you through integrations with your systems
  3. Discuss application with lenders - by submitting your information to retrieve your loan options, you consent to us requesting information from matched lenders about whether you have progressed with an application, and the circumstances of your application. Provision of such information by matched lenders will be governed by the privacy and terms of use of the particular lender you have matched with.

  4. Ongoing communications - you agree that we may use the contact details you have provided to us in order to contact you from time to time to update you on the services that we provide. You may opt-out of these communications, at which point we will cease to contact you.

  5. Disclosure as required by law - you acknowledge and agree that we may disclose information provided by you if required by law

For further information about the collection and use of information provided by you in the course of using this website and Valiant services, please read our Privacy Policy on this website. By using the website and any Valiant services, you are agreeing to the terms of the Privacy Policy.

Security of information

Security of your information is critical to us here at Valiant. We maintain strong security measures to prevent unauthorised access to our systems and the information that you provide in the course of using our website and services. This includes encryption of our website and services using SSL technology, and review of our systems to ensure ongoing security standards are maintained. We also restrict access to personal user information to Valiant employees, agents, and contractors who need to know that information to facilitate our service to you. We maintain strict confidentiality standards with such employees, agents, and contractors.

General Advice Warning

The services provided by Valiant are to be used as a guide only. We explicitly provide no guarantee as to the price/rate offered by a particular lender to a particular applicant, nor provide any guarantee as to approval by an end lender. Time to funding and product features are also general guides and not guarantees. Loans may take longer to fund than the minimum time specified for that product/lender, depending on the specific loan and supporting documentation required. Individual product features (for example, requirement for security, guarantees, supporting documentation) may change or no longer become available depending on the circumstances of the applicant – this is at the sole discretion of our lending partners when processing your application.

Use of site and Valiant services

  1. Use is for business purposes only - Valiant operates to serve Australian small businesses. You agree to use our site and services only for business purposes. You agree not to use this website for any personal purposes.

  2. Exclusive use - the registered account provided by Valiant to you is to be used only by you or an agent/employee of your business. You acknowledge that Valiant will not be held responsible for third party access to your account that results from theft or misappropriation of your login details (username or email and password)

  3. Information submitted by you - you are solely and fully responsible, and accept liability flowing from your provision of information on our website. This includes information provided for matching purposes, and information that we pass on to lenders. You undertake to only submit accurate information to this website, and accept responsibility for harm or damage resulting directly or indirectly from the provision of inaccurate information, whether submitted in good faith, negligently, or wilfully.

  4. Risk assumption - you assume all risks when using our website and services. This includes, but is not limited to risks associated with interactions, product applications, and receiving funding from third parties through our website.

  5. Disclaimer of guarantees on matching and funding approvals - Valiant does not guarantee that every user will be matched to lenders. Valiant also explicitly disclaims that matching with a lender, or being connected to a lender, constitutes any guarantee or representation that funding will be approved or provided by the matched or connected lender.

  6. Use is for legal purposes only - you agree to only use this website and services in accordance with all applicable laws (federal, state and local)

Indemnification

You agree to indemnify Valiant for any losses, costs, liabilities and expenses arising out of:

  1. Your use of our website or services
  2. Content published by you on our website (including but not limited to our blog and forum)
  3. Your violation of these Terms and Conditions
  4. Your violation of any applicable laws, rules, or regulations

Valiant reserves the right to assume the exclusive defence and control of any such matter subject to this indemnification clause. In the event that this occurs, Valiant will take on any costs associated with defending the matter, and you agree to fully cooperate with Valiant in asserting any available defence.

Effective application of this agreement

This agreement is effective upon your acceptance of this agreement, which occurs through use of our website and/or services. To reiterate and remove doubt, usage also constitutes agreement to our Privacy Policy available on our website. This agreement will remain in force in perpetuity unless terminated by Valiant or by you. Either party may unilaterally terminate your account with Valiant, for any reason, without any explanation.

Valiant Finance – Privacy Policy

Version date: 15 June 2016

This privacy policy explains how we collect your personal information and how we maintain, use and disclose that information. This privacy policy does not apply to parties that may be linked or associated with our website (for example, members of our lending panel) and to whom you may disclose personal information. You agree to this privacy policy by accepting Valiant's Terms and Conditions, which occurs by you accessing, browsing, or using this website.

What information do we collect?

We collect the following personal and business information in order to carry out the services offered by our website:

We will not seek to collect sensitive information (e.g., information on your health or criminal records, or your racial or ethnic background), unless it is necessary to carry out our services. If we do have to collect such sensitive information, we will do so in accordance with the Australian Privacy Principles under Australian law.

How do we use the information we collect?

We will use the information you have provided to:

Such disclosures are to your benefit, and enable and help us to offer the products and services available through our website.

Other disclosure to 3rd parties

By accepting the Terms and Conditions on our website, you agree that your information may be shared with third-party contractors that provide services to Valiant. In such circumstances, your information will be treated as confidential and private, and not used for any purpose other than that which is authorised by Valiant.

Additionally, Valiant may share personal information about our user base with carefully selected third parties, so they can offer goods and services that may be of interest to you. If you do not wish to receive offers from such third parties, you will be able to opt-out of these communications through your user account.

Aside from the disclosures set out above, we may also make disclosures as required by law. You acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable to

Combination of information with external data sources

From time to time, we may gain access to external data sources that includes information about our customers. We may combine that data with the personal and business information collected above in order to carry out our business purposes. In circumstances where we gain information from an external source, it will only be used for the specific purpose for which it was provided to us by the external source.

Security of personal information

Valiant maintains security measures to protect against loss, misuse or unauthorised alteration of information stored in our database. We will exercise care in providing secure transmission of information between your computer and our servers, but we cannot ensure or warrant the security of any information submitted via the internet.

Cross border disclosure of personal information

We may hold or process the information collected from you on servers located overseas, including for storage, hosting, analytical, reporting, testing, and filtering purposes. If we do this, we ensure that the organisations providing the servers have appropriate data handling and security standards to comply with this policy.

By using our website and providing us with your personal information, you consent to the disclosure of your information to such overseas providers.

Correction of information

To ensure that our product and service offering is most appropriate to your situation, it is important for us, and for you, that the information we hold about you and your business is accurate. We request that you contact us with any updates to keep this information up to date.

Access to your information

You may request access to the information that we hold about you through the contact details on our website. We will process your request within a reasonable time, which will depend on the nature and size of the request. There is no fee for making a request for information. However, we may charge you the cost of processing your request (for example, an hourly rate of the person assigned to collate your information, and any out of pocket expenses such as photocopying).

In some circumstances, where empowered to or required to by law, we may refuse access to certain personal information. If we refuse access to any personal information, we will give you notice of the reasons for refusal.

Amendment of this policy

We may choose to amend this policy from time to time, and will notify you of any changes to this policy that require your consent. In the event we make any material changes to this policy, we will notify you by email and change the revision rate at the top of this policy. In addition, we encourage you to review this page from time to time in order to stay abreast of any changes to the policy.

Process if you have a privacy complaint

We will do our best to respond promptly to any questions or complaints you have regarding our privacy processes. If at any time you have a complaint about our collection, handling, use or disclosure of information, please write to us at:

Valiant Finance Pty. Ltd.

Level 1, 10-14 Waterloo Street, Surry Hills NSW 2010, Australia

Contact details and complaints

If you would like to contact us about this privacy policy, or have any questions or complaints, please email or call us through the contact form or telephone number available on our website, or by sending mail to the address below:

Valiant Finance Pty. Ltd.

Level 1, 10-14 Waterloo Street, Surry Hills NSW 2010, Australia