1. Terms Of Service
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Welcome to the finder.com.au website (“Site”) and Finder mobile application (“Finder App”). The following Terms of Service (the “Terms”) govern your access to and use of the Site and the Finder App (collectively, the “Online Platform”). Certain sections of the Terms govern your Finder Account accessed via the Online Platform. All use of the Online Platform and your Finder Account is subject to the Terms. Additional terms incorporated into and made a part of these Terms govern specific Services we or our affiliated Finder entities may provide to you, including Credit Score, Cryptocurrency Trading and Comparison Service (collectively, the “Services”).
By applying for a Finder Account or using the Online Platform, you acknowledge that you have read, understood and agree to comply with the Terms. If you do not agree with anything contained in the Terms, please do not submit information to, access information from or otherwise utilise the Online Platform.
In the Terms, users of this Online Platform and holders of Finder Accounts are sometimes referred to in the Terms as “you” or “your”. The applicable operator of the Online Platform is Hive Empire Pty Ltd (ABN 18 118 785 121), trading as finder.com.au, with registered offices at Level 10, 99 York Street, Sydney NSW 2000 and is referred to as “Finder”. Hive Empire Pty Ltd (trading as finder.com.au) is part of the Finder Group of companies. The Finder Group also includes Finder Ventures Pty Ltd and Finder Wallet Pty Ltd (referred to as “affiliated Finder entities”) which provide services (e.g. Cryptocurrency Trading) on the Online Platform. Finder and the affiliated Finder entities may be referred to as “we”, “us” or “our” in the Terms (as applicable). Together, you and we may be collectively referred to as “Parties”.
1.2 Modification to the Terms of Service
We, and our affiliated Finder entities, reserve the right to make changes to the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Online Platform after any modification of the Terms will mean that you accept those changes. Notwithstanding the above, we will seek to notify you of future modifications to the Terms to the extent that we are required to do so by law.
1.3 Electronic Communication
We, or our affiliated Finder entities, may be required to provide certain legal and regulatory disclosures, confirmations, notices and other communications (collectively “Communications”) to you in written form. By agreeing to these Terms, you consent to Finder and the affiliated Finder entities delivering such Communications to you in electronic form, including e-mail. Consent for electronic delivery applies to every year the Communications are furnished. If you no longer have access to your Finder Account to receive the Communications in electronic format, then you may request the Communication in written form.
You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such Communications would satisfy if they were provided in writing. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.
Basic access to the Online Platform is publicly accessible. However, to use certain features of the Online Platform e.g. to obtain a Credit Score, to submit a review or use our secure Services (including the Finder App), you must:
- be at least eighteen (18) years of age;
- have not previously been suspended or removed from our Online Platform or by law;
- complete the registration process, including verifying your identity if required to access particular Services; and
- comply with these Terms and any relevant laws.
Once registered, a Finder Account will be created for you to access the Online Platform. You can only have one user account and attempts to create or maintain duplicate accounts may result in banning or other actions.
You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. You understand that a change in your state or country of residence may impact your eligibility to access and use the Online Platform and agree to notify us in advance of any change in your State or Country of residence.
1.6 Online Platform Services
The terms and conditions for each of the Services available through the Online Platform below are incorporated by reference in their entirety.
When you use the Online Platform to compare the wide range of products, providers and services available, your use of the Comparison Service is governed by the Comparison
When you download and register an account in the Finder App, your use of the Finder App is governed by the Finder App Terms provided by Finder Ventures Pty Ltd (“Finder Ventures”), located at https://www.finder.com.au/finder-app-terms.
All purchases, sales and similar transactions of eligible cryptocurrency with the Finder App are governed by the Cryptocurrency Trading Terms provided by Finder Wallet, located at https://www.finder.com.au/cryptocurrency-trading-terms.
When you request us to obtain a Credit Score from our Site or the Finder App, the provision of the Credit Score is governed by the Credit Score Terms provided by Hive Empire Pty Ltd (trading as finder.com.au), located at https://www.finder.com.au/credit-score-terms-and-conditions.
When you request us to connect your bank, credit or other accounts, the provision of Net Wealth is governed by the Finder App Terms, located at https://www.finder.com.au/finder-app-terms.
1.7 Identify Verification
We, and our affiliated entities, are required to identify clients on our platform who wish to obtain a Credit Score or access the cryptocurrency trading services. We, and our affiliated entities, collect and verify your personal and financial information. We may also obtain personal information from third parties in order to verify your identity or to prevent fraud. Personal information collected from any source may include, among other things, your name and address, date or birth and government identity document details. You certify that the information provided is correct. You authorise us, or a third party service provider that we designate, to take any measures that we consider necessary to confirm the personal information you provide, verify and authenticate your personal information, and take any action we deem necessary based on the results. You acknowledge that this process may result in a delay in registering your Finder Account, and that you may not be authorised to access or use your Finder Account or any of the Services until your registration has been successfully completed.
1.8 Account Security and Password
Finder, and its affiliated entities, excludes all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorised use of your Finder Account, including your user ID or password.
Data transmitted via the Online Platform may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Online Platform. To the extent such technology is utilised on a given page, you may be unable to use certain account or customisation features of the Online Platform unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Online Platform may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. Subject to applicable law, Finder, and its affiliated entities, will have no liability to you for any such exploitation or criminal conduct by third parties.
As part of our Anti-Money Laundering Program (“AML Program”), we will monitor your Finder Account and your use of the Online Platform, and review your personal information on an ongoing basis, as may be required by law or pursuant to our internal policies and procedures. At any time, we may require you to provide us with additional personal information as a condition to your continued access to and use of your Finder Account and the Online Platform. During such time, your access to and use of your Finder Account and the Online Platform may be temporarily restricted.
1.9 Potentially Fraudulent Activity
Any actual or suspected unauthorised access or unauthorised activity will be treated by us as potentially fraudulent (“Potentially Fraudulent Activity”). You agree to notify us immediately if you become aware of or suspect any Potentially Fraudulent Activity by contacting us directly by clicking the Live Chat button on the bottom right corner of your screen or emailing us at email@example.com.
For avoidance of doubt, you are deemed to be aware of Potentially Fraudulent Activity upon receipt of any notice of the occurrence of such activity. Upon receipt of written notice from you of any Potentially Fraudulent Activity, we will take reasonable steps to protect your Finder Account, including, for example, by temporarily restricting access to your Finder Account, suspending any pending transactions, or requiring you to change your login credentials.
You agree to promptly report any Potentially Fraudulent Activity to legal authorities if required by applicable law, and to provide us a copy of any report prepared by such legal authorities. In the event of a legal investigation of any Potentially Fraudulent Activity, you further agree to (i) cooperate fully with the legal authorities and Finder, or its affiliated entities, in such investigation; (ii) complete any required statutory declarations promptly, accurately and thoroughly; and (iii) allow Finder, or its affiliated entities, or any third party designated by us, access to your mobile device, computer, and network as may be relevant to such investigation. Failure to cooperate in any such investigation may cause delays in regaining access to your Finder Account and any funds held within.
1.10 Acceptable Use of the Online Platform
You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date. You agree that you are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access to the Online Platform by Finder or by law).
Accessing the information, resources, services, products and tools of this Online Platform by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Online Platform, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Finder’s, or the affiliated Finder entities’ users or employees.
You may not violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Online Platform or Finder’s products, services or data, including overburdening, spamming, engaging in a denial of service attack or similar activities (or attempt to do any of the above).
You are solely responsible for all activity that occurs on or under your Finder Account (whether or not expressly authorised by you), and for maintaining the confidentiality of your login details. Finder will have no liability to you or any other person for acts or omissions made or committed by your agent, representative or third-party service provider in respect of your Finder Account.
You will not transmit to Finder, or any of its affiliated entities, or make available on or upload any information to the Online Platform that: (i) is commercial or promotional in nature; (ii) is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others; (iii) is capable of giving rise to legal action whether against you or Finder or any affiliate third party; (iv) infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (v) impersonates any person or entity (including Finder or its employees and representatives); or (iv) contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Online Platform or its software, data or network.
Finder reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Finder does not control any information provided by other users that may be made available on or through the Online Platform. Notwithstanding Finder’s rights under the Terms, Finder does not undertake, and will not be obligated, to monitor the submission of any content to, or the publication of any content on, the Online Platform at any time. Finder reserves the right to refuse service, terminate relationships, and cancel orders or transactions in its discretion.
By submitting information, feedback or other material to Finder, or any of its affiliated entities, including on or through the Online Platform or your Finder Account, you: (i) acknowledge that such information is non-confidential, except for any personal and financial information; (ii) grant Finder, and its affiliated entities, a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials in any form or medium known or later developed; and (iii) agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.
1.11 Suspension of the Online Platform and Services
We will be entitled to suspend or withdraw your right to access or use the Online Platform and the Services (or any part thereof) where:
- you have used the Services or Online Platform (or any part thereof) in a manner which is unlawful or contrary to the Terms;
- there has been unauthorised or fraudulent use of your Finder Account or we have reasonable grounds to suspect such fraudulent or unauthorised use;
- we are conducting anti-money laundering or similar checks on you, until those checks are completed to our satisfaction;
- we are required to do so by law or regulation; or
- we reasonably determine that it is necessary to do so.
Fees and charges are published on the Online Platform. We may change our fees and charges from time to time. We may notify you of any changes to our Fees and Charges by publishing changes on the Online Platform. You should review the current fees and charges prior to accessing or using any of the Services.
Finder provides factual information, general advice and services on financial products as a Corporate Authorised Representative (432664) of Centra Wealth Pty Ltd 422704. Please refer to our FSG - Financial Products.
We also provide general advice on credit products under our own Credit Licence ACL 385509. Please refer to our Credit Guide for more information.
We are also a Corporate Authorised Representative of Countrywide Insurance Group Pty Ltd ABN 49 625 733 539 (AFSL 511363) for the provision of general advice on general insurance products. Please refer to our FSG - General Insurance.
Finder Wallet is a digital currency exchange registered with AUSTRAC. Finder Wallet is not a bank and does not hold an AFSL.
1.14 Intellectual Property
All rights, title, and interest in and to the Online Platform and the Content (defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Finder, the affiliated Finder entities or its licensors, as applicable. The “Content” includes all contents of the Online Platform, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Online Platform’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Online Platform.
Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Online Platform and the Content for personal use until such time as the Terms terminate or expire or your right to use or access the Online Platform is terminated in accordance with the Terms.
Except as explicitly permitted by the Terms, you may not, and you may not allow others to, sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Finder, any Content. You may not, and you may not allow others to: (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Content, or (ii) remove or alter authorship attribution or copyright notices or similar information on the Online Platform or any products or materials embodying or containing any Content.
Any violation of the provisions of the Terms regarding Finder’s Intellectual Property may subject you to compensatory and punitive damages, and shall specifically also entitle Finder to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
finder® and finder.com.au® trademark and logos are registered trademarks of Hive Empire Pty Ltd.
1.15 Third-Party Websites and Content
The Online Platform may contain links or connections to third party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. Finder has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Finder or create any liability on the part of Finder in respect of such link or connection. Your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
Finder will have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
1.16 Product information
You may be able to access information about our or our partner’s products and services via the Online Platform. You acknowledge that it is your responsibility to assess the appropriateness of any product or service in light of your personal objectives, financial situations or needs, and, if necessary, seek appropriate professional advice. The provision of product information is not and should not be seen as the provision of personal financial advice.
You may cease using the Online Platform at any time. If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and in such circumstance, you will no longer use or access, or be entitled to use or access, the Online Platform, the Content or any Finder Account.
Finder may terminate your right to use the Online Platform, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Finder may exercise this right to terminate your right to use the Online Platform include, but are not limited to:
(i) you have breached any provision of the Terms;
(ii) you have engaged in conduct which Finder, in its sole discretion, considers to be unacceptable;
(iii) Finder is required by law to do so; or
(iv) Finder no longer provides the Online Platform.
The above are only examples of circumstances in which Finder may terminate your right to use the Online Platform and Finder may terminate your right to use the Online Platform for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Online Platform or the automatic termination of your right to use the Online Platform for non-compliance set forth above.
Any ongoing obligations on you, and the provisions relating to: (i) Finder’s Intellectual Property; (ii) Finder’s Remedies; (iii) Indemnification; (iv) Limitation of Liability; (v) General, and (vi) any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.
1.18 Finder’s Remedies
Without prejudice to Finder’s other rights under the Terms, if you breach the Terms in any way, Finder may take such action as Finder deems appropriate to deal with the breach, including suspending your access to the Online Platform, prohibiting you from accessing the Online Platform, blocking computers using your IP address from accessing the Online Platform, contacting your internet service or other telecommunications provider to request that it block your access to the Online Platform and bringing court proceedings or taking other legal action against you. If you violate the Terms, Finder will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
1.20 Limitation of Liability
All express or implied guarantees, warranties, representations, statements, terms and conditions which are not expressly set out in these Terms are excluded. Nothing in these terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied or imposed in relation to these terms under the Australian Consumer Law or any other applicable legislation (a “Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or( (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. In any event, our maximum aggregate liability for all claims arising under or relating to these Terms whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to the amount paid, if any, by you to access or use the Online Platform. To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or loss of business, goodwill, reputation or for business interruption.
1.22 Contact Information
If there are any questions regarding our Terms of Service, you may contact us using the following information:
Level 10, 99 York Street
Sydney, NSW 2000
You contact us directly by clicking the Live Chat button on the bottom right corner of your screen or emailing us at firstname.lastname@example.org.
Terms Last Modified: 16 May 2023
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