Legal and Regulatory Compliance
OurMoneyMarket Lending Pty Ltd is an Australian Credit Licence (ACL) holder and OurMoneyMarket Pty Ltd is an authorised representative of Australian Financial Service Licence (AFSL) holder, MSC Advisory Pty Ltd ACN 607459441 and AFSL 480649.
This Financial Services Guide (“FSG”) is provided by OurMoneyMarket Pty Ltd (we, our or us) to you to the extent (if any) that our activities in relation to our website or services involve the provision of financial services as defined in the Corporations Act 2001 (Cth) (“Corporations Act”).
This FSG describes our services to assist you to decide whether to use them. It describes how we are remunerated, our professional indemnity insurance, and how we handle any complaints you may have.
We do not provide personal financial product advice. We recommend all investors seek financial, legal and taxation advice specific to their circumstances prior to making an investment.
OurMoneyMarket Pty Ltd is an Australian financial services licensed authorised representative of MSC Advisory Pty Ltd ACN 607459441 and AFSL 480649, who is the holder of an Australian Financial Services Licence number 480649. To gain and then comply with its ACL licence and appointment as an AFSL authorised representative, OurMoneyMarket Lending Pty Ltd and OurMoneyMarket Pty Ltd (together “OurMoneyMarket”) have to meet a number of thresholds, not limited to: meeting senior management experience and competency requirements; appropriately segregating investor funds; commissioning annual audits of segregated bank accounts; employing appropriate credit and affordability assessments; providing clear rules governing use of the platform; maintaining marketing and customer communications that are clear, fair and not misleading; providing secure and reliable IT systems; and providing fair complaints handling.
The OurMoneyMarket Investment Trust ARSN 616 185 534 is a managed investment scheme registered with ASIC. The Responsible Entity and Trustee of the OurMoneyMarket Investment Trust is Melbourne Securities Corporation Limited (“MSC”), the holder of an Australian Financial Services Licence number 428289, who specialises in regulatory compliance.
The registration of the OurMoneyMarket Investment Trust with ASIC means a number of additional obligations must be complied with. This includes, but is not limited to, MSC maintaining a compliance committee to oversee compliance with its regulatory obligations and licence conditions; commission annual audits of financial records of MSC and the OurMoneyMarket Investment Trust itself; meet minimum operating capital requirements; produce a Product Disclosure Statement for the OurMoneyMarket Investment Trust that clearly describes, amongst other things, the key features, benefits, risks and fees of its offering; and meet certain continuous disclosure obligations to investors.
To invest in Loan Units through OurMoneyMarket, you must first register, by clicking the “Sign Up” button on the home page and then after completing the short form clicking the “Register to Invest” button. Detailed information about the OurMoneyMarket Investment Trust is available in our Product Disclosure Statement, which you should read before making any decision about your investment choices.
When you invest in the OurMoneyMarket Investment Trust, the funds in your holding account are held in the OurMoneyMarket Investment Trust Account controlled by an independent custodian, thereby segregating these funds from the assets of the Manager (OurMoneyMarket Pty Ltd) and the Trustee (Melbourne Securities Corporation Limited). All funds in the OurMoneyMarket Investment Trust Account are held in a bank account with an Australian authorised deposit-taking institution.
Yodlee, Inc. of 3600 Bridge Parkway, Redwood City, California 94065 (the “service provider”) provides OURMONEYMARKET with the technology and other services required to deliver OURMONEYMARKET Online Bank Statements Retrieval. The service provider is a Banking beneficiary under these Terms with all the rights, benefits and protections as if it were a party to these Terms and a reference to OURMONEYMARKET in these Terms shall (for the purpose of the service provider receiving the full benefit of such rights, benefits and protections) also be deemed to be a reference to the service provider.
OURMONEYMARKET Online Bank Statements Retrieval is an information management service that allows you to retrieve your bank statements and forward them online to OURMONEYMARKET.
When you use OURMONEYMARKET Online Bank Statements Retrieval to access your Banking Website you:
- authorise OURMONEYMARKET to use information provided by you to access a Banking Website; retrieve statement information requested by you; to copy or transfer such statement information; and to otherwise use, display, and create derivative works from such information to provide OURMONEYMARKET Online Bank Statements Retrieval to you. For these purposes you appoint OURMONEYMARKET and its service provider as your agent with the full power to do and perform each act or thing requisite and necessary to be done and as fully as you might or could do in person;
- represent that you are the legal owner of the account at the Banking Website and that you have the authority to designate OURMONEYMARKET and its service provider as your agent and to give us the information you provide to use OURMONEYMARKET Online Bank Statements Retrieval;
- acknowledge that when OURMONEYMARKET and its service provider accesses and retrieves information from a Banking Website they do so as your agent and they are not the agent of the entity providing the Banking Website; and
- acknowledge that balances shown on OURMONEYMARKET Online Bank Statements Retrieval obtained from a Banking Website reflect the most recent refresh by the entity providing the Banking Website and the most recent refresh by OURMONEYMARKET Online Bank Statements Retrieval and may not be as accurate as if the Banking Website was accessed directly.
OURMONEYMARKET has no responsibility for any transactions, inquiries or other activities you initiate at a Banking Website, the products and services at a Banking Website and any fees charged by the entity providing the Banking Website.
You represent that:
- all information you provide to OURMONEYMARKET and its service provider in connection with OURMONEYMARKET Online Bank Statements Retrieval is accurate, current and complete, and that you have the right to provide such information to OURMONEYMARKET and its service provider for the purpose of operating OURMONEYMARKET Online Bank Statements Retrieval.
You agree to not:
- misrepresent your identity or your account information. You agree to keep your registration and account information up to date and accurate.
- You are responsible for maintaining the confidentiality of your personal identification number (“PIN”) and all other log-in information in relation to OURMONEYMARKET Online Bank Statements Retrieval and any Banking Website. You must not:
- disclose your PIN and/or password any other log-in information to any other person, except to the extent necessary for OURMONEYMARKET to provide OURMONEYMARKET Online Bank Statements Retrieval to you;
- keep a record of your PIN and/or password and other log-in information;
- write your PIN and/or password down and other log-in information;
- negligently or recklessly disclose your PIN and/or password and other log-in information by, for example, failing to take reasonable care when typing it or keying it in PIN and/or password and other log-in information that you select must not be easily identifiable
We are committed to putting you in control of your privacy, whilst maintaining our primary responsibility to ensure that OurMoneyMarket is a secure way to borrow and invest money. These responsibilities extend to, amongst other things, fraud, money laundering and other crime prevention; to careful credit assessment using manual and automated data collection; and to validating the identity of all users of OurMoneyMarket in accordance with Australian laws.
OurMoneyMarket Lending Pty Limited (“OurMoneyMarket Lending”) ABN 64 605 231 669, OurMoneyMarket Pty Ltd ACN 616 335 409, OurMoneyMarket Services Pty Limited (“OurMoneyMarket Services”) ABN 66 614 874 761 (together “OMM”), collect, use and handle your personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), specifically the Australian Privacy Principles. We collect, use and handle your credit information in accordance with Part IIIA of the Privacy Act and the Privacy (“Credit Reporting”) Code 2014 (Version 1.2).
Use of the terms ‘you’ or ‘your’ in this policy means you as an individual or, where you interact with us as a representative of a business, that business. Use of the terms “we”, “our” and “us” means, as relevant, OMM.
What is personal information and credit-related information?
Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.
Personal information may include sensitive information, which includes, for example, information about an individual’s health, religion and any criminal convictions they may have. The personal information we collect may include:
- mailing address, street address, email address, telephone number and other contact details;
- details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
- any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website; and
- any other personal information that may be required in order to facilitate your dealings with us.
Credit-related information is a variety of personal information that includes information about your credit history or creditworthiness. It includes:
- information about you or your business’ loan experience with us and other lenders;
- consumer credit information;
- commercial credit reports and information;
- the kinds of credit products you have had or sought;
- how you have managed your obligations, including such things as your repayment history, arrears you have cleared;
- information contained in a credit report about you which is obtained by us from a credit reporting body (“CRB”); and
- information about your creditworthiness that has been derived by us from such a credit report about you.
Why do we collect information and who do we collect such information from?
We may collect, hold, use and disclose personal information and credit related information about you for a range of purposes, including:
- to identify you in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
- learn about and verify your financial situation in accordance with the National Consumer Credit Protection Act 2009 (Cth);
- for the purposes of considering and assessing an application for credit; and
- managing any credit facility we may provide you.
We may also collect, hold, use and disclose your personal information and credit related information to:
- identify you and verify that your information is correct;
- inform you about a product or service that we think may be of interest to you;
- assist you to apply for and to provide our products or services;
- contact and manage our relationship with you;
- help us design and improve our products and services;
- invite you to marketing events and webinars;
- conduct and enhance our overall business to add more value to you and our customers;
- undertake securitisation activities and other activities relating to funding and capital requirements;
- Compiling statistical data e.g. credit scoring information;
- operate, protect, improve and optimise our website, services and business (e.g. perform analytics, conduct research and for advertising and marketing);
- consider and handle any concerns or complaints you or any other person may have;
- protect our business and our customers from fraudulent or unlawful activity; and
- comply with our legal obligations and resolve any disputes that we may have with any of our customers.
We may, from time to time, use your personal information to let you know about products and services that may be of interest. We may contact you by conducting marketing activities via telephone, email, mail, SMS, instant messenger or other electronic means. We may also market our products to you through third party channels (such as social networking sites). We may also disclose your personal information to third parties who assist us in providing marketing offers to you. You can let us know if you no longer wish to receive marketing offers by contacting us at 1300 990 115 or email firstname.lastname@example.org.
We may, on your behalf, collect information held about you for the purposes of helping you obtain a quote for credit from a credit provider (for example, we may collect information about you to help you obtain a quote for credit from our lending entities).
If you apply for credit, we may collect information about you from third parties (for example, any person who referred you to us, from your employer, service providers, agents, advisers or brokers). We may also collect credit-related information about you from other lenders and CRBs.
We may also collect information about you from third party social media sources
If you do not provide some or all of the information which we request, we may not be able to provide credit (or any other product or service) to you.
The Privacy Act protects your sensitive information, such as health information which may be collected on hardship applications. If we need to obtain this information, we will ask for your consent.
Document Verification Service
The documents and details you provided as evidence of your identity may be checked with the relevant government agency via a Document Verification Service. You can find more information about the Document Verification Service at www.dvs.gov.au. Verification of the evidence of identity documentation is necessary for us to perform our function, activities and provide services.
If you do not provide relevant evidence it will not be possible to verify your identity using the Document Verification System. As a result, we may not be satisfied as to your identity and you may not be able to receive services from us.
How do we use your information?
In addition to the use described in the section of this policy titled “Why do we collect information and who do we collect such information from”, we may use and exchange your information so that we can seek access to credit information held by a credit reporting body on your behalf, provide you with credit (and associated services) and to manage our relationship with you, including to:
- identify you and verify your identity;
- verify that your information is correct;
- assess, complete and process your application for credit;
- establish, provide and administer your credit facility;
- comply with legislative or regulatory requirements;
- corresponding with you and contractors in relation to your credit facility;
- undertake internal processes, including product development, risk management and pricing;
- carry out your instructions, or assist with your inquiries;
- collect overdue payments;
- do anything we are required or authorised by law to do; and
- identify and (unless you tell us not to) tell you about our products and services, and those of third parties, that might interest you.
Who do we exchange your information with?
We may disclose and exchange your information for any of the reasons mentioned above with third parties.
Third parties may include:
- other persons (for example, your referee or employers) to verify that information you provide is correct;
- any person with whom you make a joint application for credit;
- any person who referred you, or your application for credit, to us;
- our external service providers and contractors (such as any mail house, commercial agent or entities that help us to verify your identity or identify illegal activities and prevent fraud);
- our employees, related entities, assignees, agents and external advisers;
- law enforcement, regulatory, government and dispute resolution bodies;
- any person we consider necessary to execute your instructions;
- any financial institution to or from which a payment is made in relation to any account you have or operate;
- other organisations who provide products or services to you jointly with us, or who we believe can offer products or services that will be of use to you;
- other credit providers and financial institutions;
- debt collection agencies;
- anyone who obtains an interest in a credit facility we provide to you or is considering doing so, and their advisers;
- organisations involved in a transfer or sale of our assets or business;
- our funders and any organisation providing credit support or repayment support relating to your credit facility;
- our insurers; and
- third parties authorised by you to receive information held by us.
Do we disclose personal information overseas?
In some circumstances, we may disclose your personal information to recipients located outside Australia for the purposes of processing certain international transactions. Our service providers may be located in the United States and/or India.
The countries we disclose your information to will depend on the details of the transaction you ask us to carry out.
We will take reasonable steps to ensure that the entity to whom we disclose the information stores the information in a secure manner and otherwise complies with the Privacy Act in respect of that information.
Which CRBs do we exchange credit-information with?
If you ask OurMoneyMarket Services (in its capacity as a credit representative entity), to obtain on your behalf, your credit history for the purposes of obtaining a quote for credit, or if you are applying for credit from us, you agree that OurMoneyMarket Services as the credit representative entity or OurMoneyMarket Lending as the credit provider, may give a CRB your personal information and credit related information which may include but is not limited to:
- your full name, including any known aliases, your sex and your date of birth;
- your most recent three addresses;
- the name of your current or last known employer;
- your driver’s licence number;
- details of any payment default amount of over $150;
- the fact that you have applied for credit and the amount;
- the fact that we are a current credit provider to you;
- details of payments which are more than 60 days overdue where debt collection action has commenced;
- advice that payments are no longer overdue;
- the fact that the credit we provide has been paid or discharged;
- that in certain circumstances, you have committed fraud or other serious credit infringement; and
- repayment history information for a 2 year period.
We may obtain a credit report about you from a CRB. A credit report will provide us with information about you that is held by the CRB and which has any bearing on your consumer and commercial creditworthiness. You acknowledge that OurMoneymarket Services as a credit representative entity, may (if you authorise us to) obtain this information on your behalf, for the purposes of helping you obtain a quote for credit from a credit provider (including OurMoneyMarket Lending). We may then collect this information from the credit representative entity in our capacity as a credit provider.
We may use the information obtained from this credit report to confirm your identity, assess an application for credit (including arriving at our own assessment of your creditworthiness), manage our relationship with you and collect overdue payments.
The CRBs we may use are:
You can ask a CRB not to use or disclose credit information it holds about you for a period of 21 days (called a “ban period”) without your consent if you believe on reasonable grounds that you have been or are likely to be a victim of fraud, including identity fraud. When you apply for credit, you are taken to agree to us accessing your personal information (including credit-related information) held with a CRB, even if there is a ban period in place, for the purposes of assessing an application for credit or in order to collect overdue payments.
CRBs may use credit information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a CRB not to do this. However, if you are a borrower you may still receive direct marketing from us (unless you ask us not to by contacting us at 1300 990 115 or email email@example.com) that has not been “pre-screened”.
As a credit applicant, you agree to us accessing your personal information (including consumer credit and commercial credit information, if applicable) held with a CRB, even if there is a ban period in place, for the purposes of assessing an application for credit or in order to collect overdue payments.
How do we store information collected?
We keep hard copy and electronic records on our premises and systems or offsite using trusted third parties. We ensure personal information we hold on you is secure at all times, including ensuring that it is protected from misuse, interference and loss, unauthorised access, disclosure and modification.
Your information is only accessible by you and those authorised to access it. Employees and third parties who deal with your information are bound by confidentiality obligations and are required to complete training about information security and privacy.
When we no longer need your information, including when we are no longer legally obliged to keep records relating to you, we will destroy it or de-identify it.
We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.
How can you access, amend and correct your information?
We take all reasonable steps to ensure that the information we may collect, use or disclose is accurate, complete and up-to-date. You have rights to access your information and correct it if it is inaccurate, out-of-date or incomplete.
You may request access to the information we hold about you at any time by contacting us. We will respond to your request within a reasonable time. There is no fee for making a request but we may charge you the reasonable costs of providing our response to a request for access to personal information.
If we refuse to give you access to any of your personal information, we will provide you with reasons for the refusal and the relevant provisions of the Privacy Act on which we rely to refuse access.
You may also ask us to correct any information we hold about you by contacting us, alternatively you can make any changes to your personal details via your personal OurMoneyMarket account. We encourage you to advise us as soon as there is a change to your contact details, such as your phone number or address. We will deal with your request to correct your information in a reasonable time. If we correct your information and it is information we have provided to others, we will notify them of the correction where we are required to do so by the Privacy Act. If your request to correct your information relates to information which has been provided to us by a CRB or another credit provider we may need to consult with them about your request. We will correct information, where we decide to do so, within 30 days of your request, or longer if you agree.
If we do not agree with the corrections you have requested, we are not obliged to amend your information accordingly, however, we will give you a written notice which sets out the reasons for our refusal.
There are various ways you can contact us to alert us to changes to vital personal information (such as residential address, home phone, etc). Our contact details are shown below. Your pro-active approach ensures information we hold on you remains accurate and up-to-date. You can also request access to this information which we must grant except in limited circumstances.
Direct marketing and your information
We may use your personal and credit information to advertise or promote products, services, or business or investment opportunities we think may interest you, including by email or telephone. We may also provide your information to other organisations for specific marketing purposes. However, we will not do so where you tell us not to.
You can ask us not to contact you about products and services and not to disclose your information to others for that purpose by calling us on 1300 990 115.
Questions and complaints
Additionally, if you believe that in handling your personal information we have breached the Australian Privacy Principles, Part IIIA of the Privacy Act or the Credit Reporting Privacy Code and you would like to make a complaint, you may use these same contact details noted above to lodge a complaint.
Once we receive your complaint, we will respond to you as soon as possible and will let you know if we need any further information from you. We will notify you of our decision within 30 days, however if we are unable to do so, we will let you know the reason for the delay and the expected timeframe to resolve the complaint.
If you are not satisfied with our response to your complaint, or the way in which we have handled your complaint, you may contact the Financial Ombudsman Service, our external dispute resolution scheme, or the Office of the Australian Information Commissioner. The contact details of these entities are as follows:
Credit and Investments Ombudsman
Reply Paid 252
SOUTH SYDNEY NSW 1234
1800 138 422
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
1300 363 992
Either of these entities may forward your complaint to another external dispute resolution body if they consider that the complaint would be better handled by that other body.
We hope you will not have cause to do so, but if you have a complaint, in the first instance, please email us at firstname.lastname@example.org or call us on 1300 990 115. Please include brief details of your complaint and your OurMoneyMarket account number if possible.
If you feel we haven’t addressed your problem adequately after using our internal complaints procedure, we can provide you with the contact details of the Credit and Investments Ombudsman, of which OurMoneyMarket is a member (number M0037390).
Welcome to www.ourmoneymarket.com and its subdomains (“Website“).
The Website is owned and operated by OurMoneyMarket Holdings Pty Ltd ABN 30 614 872 105 of Level 18, 50 Bridge Street, AMP Centre, Sydney NSW 2000 (“OMM“) (referred to in this document as “OurMoneyMarket Holdings”, “we” “our”, or “us”). References to “OurMoneyMarket Holdings”, “we”, “our” and “us” includes OMM’s related entities. The term “you” or “your” are references to the person or entity accessing or using the Website, including use for the purposes of applying for any of the loans or any of the investments made available through or in connection with the Website (“Products“).
2. Types of Users
While we allow you to access and browse the Website anonymously, in order to register an interest in becoming an investor or applying for a loan you will need to provide certain personal information to us to enable us to contact you (at which point you will become an “Interested User“).
In order to apply to become an investor or for a loan, you will need to create a user profile with us (at which point you will become a “Registered User“).
Once you have submitted your request to create a user profile with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create a user profile with us and we do not need to give reasons for doing so.
We may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users, Interested Users or Registered Users.
If you are an Interested User or a Registered User, you:
- warrant that you are 18 years of age or above;
- warrant that you are properly authorised to provide OurMoneyMarket Holdings with any information which you provide;
- agree to provide true, accurate and complete information and to keep this information up-to-date;
- agree to OurMoneyMarket Holdings contacting you via the personal information you provide; and
If you are a Registered User, you:
- must not disclose your login credentials for the Website to any other person;
- acknowledge that the login and password are for your personal use only;
- must take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to any other person or is observed by any other person; and
- if you have lost you login credentials, or you have any reason to believe that someone else has access to your account, you must notify us by emailing email@example.com immediately; and
- must change your password on a reasonably frequent basis and each time we prompt you to do so.
OurMoneyMarket Holdings has no obligation to any User to assist or involve itself in any way in any dispute between Users.
3. General Information Only
The purpose of the Website is to provide Registered Users an online platform that facilitates loans to consumers, funded by investors who can view and select individual loans or loan pools (meaning a pre-selected collection of individual loans) they wish to be exposed to.
The information contained in the Website is and should only be used as general information only. It is not to be taken as advice. The information on the Website does not take into account the particular circumstances, investment or borrowing objectives and needs for an investment or a loan, or purport to be comprehensive or constitute advice and must not be relied upon as such.
OurMoneyMarket Holdings is not liable for any loss resulting from any action taken or reliance made by you on any information or material on the Website. To satisfy yourself that a loan or investment is satisfactory for you, you should make you own inquiries and consult a financial adviser to help you form your own opinion of the information, and whether the information is suitable for your individual needs and aims. You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications of making an investment or borrowing any money.
4. Information Specific for Investors
4.1. How it Works
Anyone wishing to invest will need to complete an application form online. We will independently verify the identity of any investor or representative, shareholder, beneficiary or guarantor of an investing entity. You represent and warrant that you have the full authority to engage in any investment you undertake and bind any investing entity you represent.
Investors will invest in “cash units” in the OurMoneyMarket Investment Trust (“MIS“) as described in the Product Disclosure Statement (available at www.ourmoneymarket.com/legal/pds). The Trustee of the MIS is Melbourne Securities Corporation Limited ACN 160 326 545 (Australian Financial Services Licence 428289 Australian Credit Licence 428289).
Once you have invested in “cash units”, you will be able to view the details of loans made available for investment on the OurMoneyMarket Holdings online lending platform (“OurMoneyMarket Platform“).
A “cash unit” investor may be invited to convert their “cash units” into “committed funding cash units” (as described in the MIS Constitution) in the MIS in which case the investor will be issued an investment order.
You agree that by confirming the investment order, you make an irrevocable, binding and legally enforceable offer to invest in one or more loan investments listed in the investment order. By confirming the investment order you are entering into an agreement with OurMoneyMarket Pty Ltd (“OurMoneyMarket“), the Manager of the MIS, in accordance with the terms of the offer set out in the MIS Constitution, the investment order and any other document referred to or accompanying the investment order.
If your investment order is successful (and subject to a loan being issued to the respective borrower), an equivalent amount of your “cash units” will be converted to “committed funding cash units” in the MIS.
You represent and warrant that you have the full authority to engage in any transaction you undertake.
You will be liable for all costs, fees, charges and other amounts which may become payable to OurMoneyMarket or any other person as a result of investing through the use of the OurMoneyMarket Platform.
4.2. Product Disclosure Statement
Details of the investment including discussions on the risks and returns of investment will be set out in the current Product Disclosure Statement. The Product Disclosure Statement should be considered carefully before deciding to invest in the MIS. The Product Disclosure Statement can be assessed here: www.ourmoneymarket.com/legal/pds.
4.3. Australians residents and citizens Only
The information on the Website is provided only for Australian residents or citizens who are currently located in Australia. Access to the Website may be restricted in other jurisdictions.
5. Information Specific for Borrowers
5.1. How It Works
Anyone wishing to apply for a loan will need to complete an application form online. Loans will be provided to Australian consumers only.
We will then undertake a risk assessment including independently verifying the identity of any borrower or representative, shareholder, beneficiary or guarantor of a borrowing entity. You represent and warrant that you have the full authority to engage in any transaction you undertake.
Should you be approved for and subsequently offered a loan, the provision of the loan to you will be subject to separate terms and conditions as set out in a loan agreement. The loan amount, loan rate and details in relation to the loan will be set out in the loan agreement between you (or the relevant borrowing entity) and OurMoneyMarket Lending Pty Ltd (ABN 64 605 231 669) (“OurMoneyMarket Lending“), which is a subsidiary of the OurMoneyMarket Holdings and the lender of record for a loan.
6. Use of Website
6.1. Website Material
No claim is made as to the accuracy of authenticity of the content of the Website Material or that it is useful for your particular requirements or at all.
6.2. Intellectual Property
The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (“Website Content”) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. You may contact us by emailing us at firstname.lastname@example.org if you wish to seek such consent.
Unless we agree or notify otherwise in writing, you are provided with a non-exclusive licence to access the Website only for your personal use or for the purposes of:
- reviewing general information on the Website;
(together, Permitted Use)
You are also provided with a non-exclusive licence to download and print a reasonable number of copies of any information contained on the Website solely for your personal use or the Permitted Use, provided that you keep all copyright or other proprietary notices intact.
6.3. User Information
When using the Website, applying for a loan or to invest, you may be able to submit or upload certain data, information and materials (“User Information“) to the Website (for example, personal and financial information). We are not responsible for the User Information. If you believe that there is a problem with any of the User Information, please notify us immediately.
If you choose to submit any User Information, you must be legally entitled to do so. In particular, any User Information must not and you warrant that it does not:
- deceive or be likely to deceive any person;
- be used to impersonate any person (including OurMoneyMarket Holdings or its representatives);
- misrepresent your identity or affiliation with any person
- be illegal or encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law; or
- advertise any product or service or solicit any business.
You acknowledge and agree that we may edit or delete any of your User Information, or format it in a particular way.
By submitting the User Information you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Information (in whole or in part). You also waive any and all moral rights (as the term is defined in Part IX of the Copyright Act 1968 (Cth)) you may have in respect of the User Information and consent to any act or omission the doing or not doing of which infringe such moral rights, in both cases in favour of OurMoneyMarket Holdings, its licensees and successors in title.
You must not, whether as part of the User Information or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Website or any of its associated hardware or software.
6.4. Suspension of Service
OurMoneyMarket Holdings makes no and expressly disclaims any representation or warranty that the Website or OurMoneyMarket Platform will be available for use by you at all times or at any particular time, during and for the duration of any particular investment order or at all.
If the Website or OurMoneyMarket Platform is interrupted for any reason during when an investment order is being made (whether by way of suspension by OurMoneyMarket Holdings or otherwise) OurMoneyMarket Holdings may, but is not obliged to, declare the investment order void.
OurMoneyMarket Holdings may from time to time suspend the provision of the OurMoneyMarket Platform. OurMoneyMarket Holdings may also from time to time suspend access to the Website.
Where possible, OurMoneyMarket Holdings will notify you in advance of the time and duration of any suspension of the OurMoneyMarket Platform, but do not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
6.5. Links or References to Other Websites
6.6. Acceptance of Risk and Release from Liability
We do not accept any liability to you or any other person for the Products or information (or the use of such Products or information), which is provided on the Website or incorporated into it by reference. The information on the Website is provided on the basis that all persons accessing the Website undertake responsibility for assessing the relevance and accuracy of its content before relying on that information.
You are wholly responsible for your use of the Website and the OurMoneyMarket Platform and you use the Website and the OurMoneyMarket Platform at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website and the OurMoneyMarket Platform or your conduct in connection with the Website and the OurMoneyMarket Platform in any circumstance.
The information contained in the Website or the OurMoneyMarket Platform is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format.
Otherwise, to the maximum extent permitted by law, neither OurMoneyMarket Holdings nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Website or otherwise as a result of or in connection with the use of the Website or any information or material provided on or through the Website.
6.7. Prohibited Activities
When using the Website, you must not:
- infringe any intellectual property right of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
- reproduce or adapt any part of the Website, Website Material or Website Content without our express written permission, which we may grant or withhold at our absolute discretion;
- seek reimbursement from any other party for access to the Website, sell or on-sell any part of the Website Material, Website Content or any information obtained from the Website;
- engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
- submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
- interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
We will use our reasonable endeavours to minimize viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage you own computer system.
We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked third party website.
6.9. Applicable Law
Although the Website may be accessed throughout Australia and overseas, OurMoneyMarket Holdings makes no representation that the content provided by the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Website is not illegal or prohibited by laws which apply to you.
8. Termination of Access
OurMoneyMarket Holdings reserves the right to refuse or terminate your registration at any time and on our discretion, including, for example if:
- you register in a fraudulent or illegal manner;
- OurMoneyMarket Holdings considers it necessary to comply with any requirements of the law;
- OurMoneyMarket Holdings considers that you are using the services provided on the Website in an inappropriate manner; or
- you are already a Registered User.
You may cease to be a Registered User by notice in writing to OurMoneyMarket Holdings, provided that:
- if you are an investor, you are no longer a member of the MIS as described in the Product Disclosure Statement; or
- if you are a borrower, you do not have any loans or other amounts outstanding.
- you must destroy or delete any copy of any information collected from the Website and the OurMoneyMarket Platform you have in your possession or under your control.
All figures and amounts displayed on the Website are in Australian dollars.
10. Contacting Us