Terms and conditions

DCF

Terms and conditions

Our Terms – Key Information About Your Business Loan

Drafted: 29 August 2024

Introduction

Welcome to DCF Loans. 

These general terms and conditions for the use of the DCF Loans website (https://dcfloans.com.au/) website (“Terms and Conditions”) apply to the use of all parts of all websites (including the mobile sites), (hereinafter collectively referred to as the “Website”), created by DCF Loans Pty Ltd (“DCF”), with registered office at 303/ 44 Miller Street, North Sydney, NSW 2060. A user is any person who accesses the Website or uses the services or products offered through the Website (hereinafter the “User” or “you”). 

By using the Website, the User accepts the Terms and Conditions applicable to it and undertakes to comply with them.  If you do not agree with the Terms and Conditions, you must refrain from any use of the Website. 

In case of violation of the Terms and Conditions, DCF reserves the right to deny you access to the Website, without prejudice to the right of DCF or any third party to claim damages for any direct and indirect losses incurred as a result of the violation. 

DCF reserves the right to change the Terms and Conditions, in whole or in part, at any time and without notice. It is therefore advisable to consult these Terms and Conditions regularly in order to keep abreast of the most recent version.

Use of the Website

Provided that the User fully abides by the provisions of these Terms and Conditions, DCF grants to the User of the Website a non-exclusive, non-transferable licence, for an indefinite period of time, for lawful purposes only and for the sole purpose of displaying it on a single computer for informational purposes. However, this licence may be revoked at any time without the need for stating any grounds. 

The User undertakes not to commit any acts that destroys the Website or disrupts its proper functioning. In the case of abuse or improper use, DCF may suspend and/or terminate the User’s access to the Website without any notice or notification.

You are responsible for maintaining the security of your account and data, and you must notify us immediately of any unauthorised use of your account or breach of security.

DCF reserves the right to modify or discontinue the Website at any time, with or without notice to you.

Limitation on Use

Except as specifically permitted by DCF, you agree not to:

(I)

sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms and Conditions with/to any third party; 

(II)

transfer, distribute, scrap, copy all or any part of the Website; 

(III)

refer to the Website by use of framing; 

(IV)

make use of the Website in any jurisdiction where same are illegal or which would subject DCF or its affiliates to any registration requirement within such jurisdiction or country; 

(V)

use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use; 

(VI)

transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; 

(VII)

access the Website through or use with the Website any unauthorised means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilisation of any parts of this Website; 

(VIII)

perform any act that destabilises, interrupts or encumbers the Website or its servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Website, in a given period of time, than a human can reasonably send in that time period by using the Website; 

(IX)

copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Website and/or any other software available on the Website or create derivative works thereof; or

(X)

penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Website or its servers. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Website;

(XI)

use the Website to send unsolicited email messages; or

(XII)

facilitate or assist a third party to do any of the above acts.

Intellectual Property Rights

All brands, copyrights, patents, intellectual and other properties applicable to the Website belong at all times to DCF and/or its related body corporate and/or licensees. The Website constitutes a work protected by copyright. The texts, layouts, drawings, photos, films, graphics and other components of the Website are also protected by copyright. Any copy, adaptation, modification, translation, arrangement, public communication, rental or any other form of exploitation of the whole or any part of the Website under any form and by any means, such as electronic, mechanical or other means, is strictly prohibited, except with the prior written consent of DCF. Any infringement of these rights may result in criminal or civil prosecution.

The designations, logos and other signs used on the Website (including but not limited to the logo and the name of DCF) are brands and/or trade names protected by law. Any use of them, or of similar signs, is strictly prohibited without the prior written consent of DCF.

Liability

This Website (including its content or other parts) contains general information only, and DCF does not provide professional services or advice through the Website. Before making any decisions or taking any steps that may affect your finances or business, you should consult your own qualified professional.

The limitations and/or exclusions of liability stated in these Terms and Conditions apply not only to DCF, but also to any other entity within the DCF group of companies, as well as to our and their respective employees.

The Website is provided on an “as is” basis and DCF makes no representations or warranties of any kind with respect to the Website, whether express or implied. Without prejudice to the above, we do not guarantee that the Website is secure, error-free, accurate, free of viruses or malicious code or that it meets any particular functional or quality criteria. 

Except for intentional and/or compulsory legal provisions, DCF cannot be held liable in any way (contractually or otherwise) for any loss or damage (direct, indirect, material, immaterial or otherwise) arising from the content of the Website. DCF does not guarantee the accuracy, adequacy or completeness of the information contained on the Website. The information on the Website, including information about products and services offered by DCF, is subject to change without notice.

DCF takes the necessary care when creating, updating and maintaining the Website. If the User nevertheless finds that the Website contains incorrect or outdated information, or that he/she believes that one of his rights (intellectual or otherwise) has been violated, he/she is requested to report this to DCF, including a description and the exact location of the illegal content as well as the reason why he/she believes that this content should be changed or removed. 

DCF does not guarantee that all the Website’s functionalities will be available at all times – by technical means – without errors or interruption, or that any errors or interruptions will be immediately corrected. DCF may also refuse or terminate access to the Website at any time and without notice.

The aforementioned limitations and/or exclusions of DCF’s liability apply to the extent possible under applicable law, and in any event not in the case of intent or gross negligence on the part of DCF.

You read, use and act on our Website and its Contents at your own risk.

Indemnity

To the maximum extent permitted by law, you must indemnify DCF, and hold DCF harmless, against any Liability suffered or incurred by DCF arising from or in connection with your use of our Website or any breach of these Terms and Conditions or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms and Conditions, and continues after these Terms and Conditions end.  It is not necessary for DCF to suffer or incur any liability before enforcing a right of indemnity under these Terms and Conditions.

Privacy

For more information on how DCF processes personal data, you can consult the DCF Privacy Policy here.

Hyperlinks

If the Website contains hyperlinks to websites that are not managed by DCF, DCF cannot be held liable for the links, the content found there or the existence of these other websites. The presence of such links does not imply any approval by DCF, nor does it imply any association with their operators.

The Website may contain links to websites operated by third parties.  Unless expressly stated otherwise, DCF does not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Miscellaneous Provisions

Invalidity of a Provision

The nullity, invalidity or unenforceability of one or more provisions of the Terms and Conditions or the Privacy Policy shall not result in the nullity, invalidity or unenforceability of the whole thereof. Any provision that is wholly or partially void, invalid or unenforceable shall be deemed unwritten, while the other provisions shall remain in full force and effect. The invalidated provision shall then be replaced by another provision which approximates the underlying intention of the invalidated provision as closely as possible. 

Waiver of Rights

A failure or delay in exercising a right arising from the Terms and Conditions or the Privacy Policy shall not be considered a waiver of the said right. The non-exercising or partial exercising of a right shall not prevent the subsequent exercising of that right or of any other right arising from the relevant conditions.

Exclusion of Competitors

You are prohibited from using the Website, including its contents, in any way that competes with DCF’s business. 

Changes to these Terms and Conditions

DCF may amend these Terms and Conditions at any time when it has a valid reason to do so, for example in order to comply with changing laws and/or technologies. In such cases, DCF will post the revised version under the link “Terms and Conditions” on the Website or elsewhere on this Website. Such revised versions shall be applied immediately after posting on the Website, unless expressly stated otherwise. It is your responsibility to keep up to date with any revised versions of the Terms and Conditions by checking this webpage regularly. 

Applicable Law and Competent Jurisdiction

Your use of our Website and these Terms and Conditions are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

The Website may be accessed throughout Australia and overseas.  DCF makes no representation that 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 complying with the laws of the jurisdiction where you access the Website

Contact Us

If you have any questions about these Terms and Conditions, please contact us.