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Prospa Advance Pty Ltd, its subsidiaries and affiliates (“Prospa”) require that your use of Prospa’s website (the “Website”) and online and mobile sites and applications (including the Prospa App, Customer Portal and Broker Portal), services and tools (together with the Website, the “Services”) complies with these Terms and Conditions.

The Services allow you to view general information about Prospa and its products and services and to apply for additional products or services. Through the Prospa App, you can check specific information about your account including current and past Prospa products which you use (“Account”) including your balance, and can instruct us to perform certain transactions on your Account. Not all products and services are offered by Prospa, or all features of such products and services, are available through these Services.

In these Terms & Conditions:

  • references to “you”, “your”, and “yours” are references to the person accessing the Services; and
  • references to “we”, “us” and “our” are references to Prospa.

Acknowledgment & Acceptance

Please read this document carefully as it sets out the terms and conditions under which you access and use the Services. Your access and use of the Services signifies your acknowledgment and acceptance of these Terms and Conditions, the Privacy Policy and any other policy that is found at the Website.

These Terms and Conditions, the Privacy Policy and any other policies on the Website are subject to change at any time without notice other than any changes which impose fees and charges for use of the Services in which case you will be provided with notice no less than 20 days prior to such change. Your continued access and use of the Services following any such changes signifies and confirms your acceptance of any such changes.

These Terms and Conditions do not affect the terms and conditions that apply to the products and services offered by Prospa. The terms for the products which relate to your Account are provided to, and entered into by, you at the time of entry into that product (or if you are accessing the Services as an authorised agent for another person, the terms and conditions which were provided to, and entered into by, that other person). To the extent there is any inconsistency between these Terms & Conditions and the terms of the specific product, the terms of the specific product shall prevail.

No advice

Any information provided in the Services is general in nature and, unless expressly stated otherwise, does not constitute an offer or invitation for finance or to enter into a legally binding arrangement for any of Prospa’s products or services. All applications for finance through Prospa’s products and services are subject to standard credit approval, fees, terms and conditions.

Prospa does not make any representation that the Services or its products and services are appropriate or suitable for you or your circumstances. You acknowledge that your use of the Services and any enquiries or application for any products or services offered by Prospa is not made as a result of any inducement by Prospa and that any information available through the Services is not to be treated as and does not constitute financial advice.

Jurisdictional limitations

Not all products and services offered by Prospa are available in all geographical locations in which Prospa operates. It is your responsibility to ensure you access only the Website and Services that are available in your location. You acknowledge and accept that any failure to do so may result in your receiving information in respect of products and services which are not available to you and that Prospa is under no obligation to provide you with such products and services.

Intellectual Property

The content of the Services is the exclusive property of Prospa or is used by Prospa under licence from another party. Users of the Services are prohibited from using any intellectual property, including any trademarks, logos and marks (“Services IP”) for any purpose without the prior written permission of Prospa or such third party which may own the relevant Services IP.

All information and content available on or through the Services (including any software programs) (“Content”) is protected by copyright. Users of the Services are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for any commercial or public purpose.

The Services may contain hyperlinks to third-party sites and materials (“Links”). These Links are provided for information purposes only and Prospa does not thereby endorse or authorise the content of such Links or imply any ownership or control over such Links. You should assess the risks and consider the reliability of the content of such Links before relying upon or retrieving information from such Links.

Costs

The Services are provided to, and can be used by, Prospa customers free of charge however standard fees and charges for using Prospa products and services still apply regardless of how such use is effected.

If you are downloading or accessing the Services (including the Prospa App) through your mobile service provider or through Wi-Fi you may incur internet data charges from your mobile or internet service provider.

You agree that, by downloading and registering the Prospa App, Prospa may send SMS messages to your nominated mobile number. Prospa is not liable for any loss or damage you suffer as a result of any person other than you accessing those SMSs. You may incur charges from your mobile or internet service provider as a result of such SMS. Any such charges are solely your responsibility.

Access to the Prospa App

To access your Account via the Prospa App you will be required to set up a profile through the Prospa App (“Profile”). To initiate this process please contact Prospa Monday to Friday, 8.30am – 7pm (AEST) and Saturday 10.00am to 3.00pm (AEST) on 1300 882 867 or by emailing [email protected] or your customer service agent.

Once you have received the required details to establish your Profile, you will be required to set this up through the Prospa App by following the prompts.

Authentication

You are advised to keep your log-in details for the Services (including the Customer Portal, Broker Portal and Prospa App) private and confidential. Your log-in details are your responsibility and we advise you not to share those details with any party. Prospa does not take any responsibility for any unauthorised access or use of your Account through the Services (including via your Profile in the Prospa App) unless Prospa has failed to take reasonable steps to prevent such unauthorised access.

You hereby acknowledge that any party that accesses your Account (whether with or without your authorisation) shall be deemed to have done so as your agent and accordingly you agree to be bound by any acts of that party in relation to your Accounts (including, any transactions) other than where such access was as a result of negligence or willful misconduct of Prospa.

Security

Subject to the limitations of a user’s mobile device, a user may elect to enable fingerprint or facial recognition authentication to log on to the Prospa App. Such authentication uses the biometric identifiers registered on the user’s mobile device for the purposes of unlocking that mobile device. By enabling these authentication methods to be used for accessing the Prospa App you do not provide these biometric identifiers to Prospa and Prospa does not collect or store this information. Such information is stored on the user’s mobile device.

Should you choose to enable these authentication methods to access the Prospa App, it is your responsibility to ensure that only your biometric identifiers are stored on your mobile devices as all such identifiers stored on a device will be enabled to access the Prospa App. If another person’s biometric identifiers are stored on your mobile device, you acknowledge that they will be able to access your Account through the Prospa App. Any transactions that person may make through the Prospa App or on your Accounts will be deemed to have been authorised by you and conducted with your knowledge and consent.

We recommend that you keep the operating system and security software for your mobile device updated with any releases issued by the manufacturer of the mobile device or your system provider.

If your mobile device has been “jailbroken” the security of your device operating system will have been compromised. This makes you susceptible to the risk of third party applications that may contain malware or the ability for third parties to harvest your information, including information available through applications on your mobile device. You acknowledge that you are responsible for any loss or detriment that you may suffer as a result of using the Services on a jailbroken mobile device. If you choose to use the Services on a jailbroken device, Prospa will not be liable for any loss arising from your use of the Services or any other loss that may arise in connection with the Services as a result of your device being jailbroken.

User obligations

By using the Services, you agree that you must:

  • not provide Prospa with any information that is false, misleading or incomplete, including, without limitation, in relation to your identity, your financial position or trading information or that of your business;
  • provide Prospa with your current and complete contact information and ensure that you advise Prospa promptly if any of these details change;
  • not use your Account for any activity that is fraudulent, improper or illegal;
  • not permit anyone else to access or use your Account or login to the Services (including the Customer Portal, Broker Portal or Prospa App) using your credentials;
  • immediately contact Prospa if you believe that your Account has been compromised or improperly accessed through the Services, or there have been any fraudulent or improper transactions or a security breach in relation to your Account.

Balances

Whilst we endeavour to provide you with an accurate balance for your Accounts through the Prospa App, transactions on your Accounts, howsoever effected, may not be reflected until up to [3 business days] after the transaction is processed. Should you require confirmation of receipt of funds or payments made from or to your Account please contact Prospa Monday to Friday, 8.30am – 7pm (AEST) and Saturday 10.00am to 3.00pm (AEST) on 1300 882 867 or by emailing [email protected] or your customer service agent.

No warranties

Content provided or displayed as part of the Services is provided on an “as is” basis. Prospa does not provide any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, service, or other content that may be made available or otherwise included on the Services.

Personal information

We may collect information about your installation and use of the Services for the purposes of analytics, research and improvement of our products and services. Any such information will be collected, stored, used and managed in accordance with our Privacy Policy.

Outages and changes or termination of the Services

Access to the Services may occasionally be limited or unavailable due to hardware or software failures or defects or other matters outside of Prospa’s control. From time-to-time access to the Services may also be limited or unavailable due to routine or ad hoc system upgrades or testing. Prospa will schedule the timing of any routine upgrades or testing to minimise any impact on users of the Services.

To the extent permitted by law, Prospa will not be liable for any loss or damage which may be incurred as a result of the Services being unavailable or limited for any reason.

Prospa may change or terminate any of the Services at any time, in its absolute discretion. In addition, your licence to use the Prospa App and other Services may be limited or terminated at any time, including, if you do not comply with these Terms and Conditions.

Governing Law

These Terms and Conditions are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Limitation of Liability

Prospa will not be responsible for any loss or damage to your mobile device or systems as a result of your access or use, or attempted access or use, of the Services, including the Prospa App.

Prospa will not be liable for any loss arising from your inability to access your Account through the Services, including the Prospa App. If for any unable to access your Account through the Services, including the Prospa App, you can contact Prospa, Monday to Friday, 8.30am – 7pm (AEST) and Saturday 10.00am to 3.00pm (AEST) on 1300 882 867 or by emailing [email protected].

Prospa will not be liable for any loss arising from your use of the Services, including the Prospa App. For the avoidance of doubt, this includes losses as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including, failure to comply with these terms and conditions or any other policy that is found at the Website.

You are not required to download and install any of the Services, including the Prospa App, in order to access your Account. Should you choose to download and install the Prospa App, Prospa accepts no liability for any loss or consequences to you whatsoever that result from this decision, including if Prospa fails to process a request submitted through the Prospa App or is delayed in processing such a request.