Welcome to the User Agreement for Cash Supply Pty Ltd trading as Cashify.

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain at www.cashifyloans.com and located PO Box 3383, Rhodes NSW 2138. If you do not agree to these terms and conditions you may not use or access our services.

You must read, agree with and accept all of the terms and conditions contained herein, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which many apply as a user of our website.

1. Membership eligibility
Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you are not of the legal age of 18 or have parent or guardian supervision, please immediately close this browser and do not use our services. If you continue to browse and use our site, then you accept and acknowledge that your meet these legal requirements.

2. Copyright
All copyright and other intellectual property contained on our website is owned by or licensed to Cash Supply Pty Ltd. The information contained on this website may be used for your personal reference only. Information on this website may not otherwise be reproduced, distributed, or transmitted to any other person or entity, or in any way reproduced in any other form.

3. Liability
To the extent permitted by state and federal law, we are not liable to any person, group, company or entity in relation to use of this website. Furthermore, by continuing to use this site, you waive all claims against us in relation to your use of the website.

We do not warrant that the website will always be accessible, and we do not warrant that the website is free from anything that may damage any device used to access the website. Should you continue to use our site, you do so at your own risk and you further indemnify Cash Supply Pty Ltd from any loss or damage you may suffer.

Information on the website is intended to be general in nature. The information is not intended to be financial, legal or any other advice, or a product recommendation, and does not take into account the financial or other circumstances or objectives of any particular individual, group or entity. We specifically warranty that we do not hold a financial services license and are not qualified to provide you with any financial advice. You should seek suitable professional advice before acting on information contained on this site.

4. Your information
4.1 Definition
• “Your Information” is defined as any information you provide to us or other users in relation to the Cash Supply Pty Ltd service including the registration, bidding or feedback process, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. You consent to Cash Supply Pty Ltd taking whatever steps we think fit to verify or authenticate Your Information, including accessing any public or private register or undertaking any credit checks or accessing information about You from a credit reporting agency or business which reports on the credit worthiness of persons.
4.2 Restrictions
• Your Information and your activities on our Site must not:
(a) be false, deceptive, inaccurate or misleading;
(b) be offensive or threatening, abusive, defamatory, or in breach of copyright, privacy or any other rights;
(c) infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity of privacy;
(d) be fraudulent or involve the sale of counterfeit or stolen items;
(e) be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
(f) be explicit, indecent or contain child pornography;
(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(i) cause the Site to be interrupted, damaged, rendered less efficient or be such that the effectiveness or functionality or the Site is in any way impaired.

4.3 Cashify uses Equifax (Service Provider) as its third party service provider to enable it to securely access your bank statements for verification purposes, using your transaction history from the last 90 days. Your internet banking log-in details are needed to be able to do this.

4.4 The Service Provider is a third party beneficiary under these terms and conditions with all the rights, benefits and protections as if it were a party to these terms and conditions. By using this site you authorise Cashify and the Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes connected with your use of this site, you hereby appoint Cashify and the Service Provider as your agent to access third party internet sites, servers or documents, retrieve information and use your information for the purposes of the services supplied by Cashify. You acknowledge and agree that when Cashify or the Service Provider accesses and retrieves information from third party sites, Cashify and the Service Provider are acting as your agent and not as agent for, or on behalf of, the third party.

4.5 Cashify’s policy is not to accept or consider any unsolicited ideas or materials of any kind. DO NOT submit any such materials at any time. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

4.6 Cashify assumes no liability for the security of this site or your communications on the site. It is strictly prohibited to link third party websites with this site without Cashify’s prior written permission. We may permit some links from third party websites to this site, or otherwise include links to third party websites on this site, but Cashify takes no responsibility for, and excludes any and all liability associated with, such third party websites to which it is linked or for material posted to this site by anyone other than Cashify.

4.7 Cashify assumes no liability for the security of this site or your communications on the site. It is strictly prohibited to link third party websites with this site without Cashify’s prior written permission. We may permit some links from third party websites to this site, or otherwise include links to third party websites on this site, but Cashify takes no responsibility for, and excludes any and all liability associated with, such third party websites to which it is linked or for material posted to this site by anyone other than Cashify.

5. Breach
Without restricting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your use of our site and refuse to provide our services to you without notice to you:
(a) if you breach this Agreement;
(b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause us financial loss or legal liability.

6. Limitation of liability
Nothing in this User Agreement shall limit or exclude our liability for direct damages resulting from fraudulent misrepresentation. Subject to the this statement, we (including affiliates, officers, directors, agents and employees) will not be liable for any economic or non economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement or your use of services covered by this User Agreement.

We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers.

7. Indemnity
You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including our legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

8. Notices
Product details, costs, terms, conditions and other information are subject to change at any time without notice.
We may amend this User Agreement at any time by posting the amended User Agreement on the Site.

Unless otherwise explicitly stated, notices to Cash Supply must be sent by registered mail to C-/ Cash Supply Pty Ltd, PO Box 3383, Rhodes NSW 2138.

9. Governing law and legal compliance
This User Agreement shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts.

10. Dispute resolution
Cash Supply is a responsible and professional organisation that cares about the service you receive. We are committed to a fair and prompt response to your complaints.

10.1 Internal Dispute Resolution
• We recommend that you initially make contact with the Cash Supply Pty Ltd staff member that you have been dealing with.
• Alternatively you may contact the complaint manager, Nathan Gazal by email to nathan@cashifyloans.com, by phone to 02 9061 3110 or in writing to PO Box 3383, Rhodes NSW 2138.

10.2 External Dispute Resolution
• For any credit related transaction, in addition to the internal dispute procedures that Cash Supply Pty Ltd utilise, if you are still not satisfied after speaking with our team, you can contact Australian Financial Complaints Authority (AFCA) by phone 1800 931 678 (free call), by email to info@afca.org.au, or by post at GPO Box 3, Melbourne VIC 3001.
• For more information go to www.afca.org.au.

11. Third party rights
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement, but this does not affect any right or remedy of a third party specified in this User Agreement.

12. General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be void and the remaining provisions shall be wholly enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Cash Supply Pty Ltd, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.

User Services Agreement for Cash Supply Pty Ltd trading as Cashify.

1. Provide Accurate Information
1.1 Each User agrees to provide and warrant that all information provided or otherwise submitted via the Services is true, accurate and complete.

1.2 Each User acknowledges and agrees that it is responsible for its use of the Services and that:

each User uses the Services at their own risk;
the Services will only be used for the User’s own lawful purpose in accordance with this Minimum User Terms; and
if there are any unauthorised access or use of the Services or any breach of security, the User must immediately notify Cashify of such activity.

2. Proprietary Rights
2.1 The User represents and warrants it is permitted to use content delivered to the User via the Services. The User may not copy, reproduce, distribute or create derivative works from this content. The User agrees not to reverse engineer any of the source code or technology associated with the Services.

3. Content and Data
3.1 Your use of the Services supplied by Cashify is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint Cashify as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for Cashify and Basiq to supply Services to you.

3.2 Each User is licensing to Cashify and its service providers (including but not limited to Basiq) (Service Provider) any information, data, materials or other content the User provides through or to the Services (Content), the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to the User.

3.3 Each User acknowledges and agrees a Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through the User’s use of the Services.

4. Disclaimers
4.1 Each User acknowledges and agrees that:

its use of the Services and all information, products or content are provided to such User in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, the User and Service Providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services;
the User is responsible for determining the suitability of any Services and such User relies on any Content or other information provided via the Services at its own risk;
use of the Services, Content and other information provided by Cashify and Service Providers is at their own risk and the restrictions applicable to Cashify are equally applicable to the User;
Cashify and Basiq makes no warranty that:(i) the Services will meet the User’s requirements; (ii) the quality of the Services will meet the User’s expectations; (iii) the Services will be uninterrupted or error-free; (iv) any information, product or content obtained via the Services will be accurate or reliable; and (v) any errors in the software or technology will be corrected.
the User downloads or otherwise obtains through the use of the Services the material or data at its own discretion and risk and that the User will be solely responsible for any infections, contaminations or damage to their computer, system or network; and
Cashify and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any User’s use of the Services, any third party software, services or operating system.

5. Limited Warranties
5.1 The User warrants that:

it has the power, right, authority and entitlement to execute these Terms and perform its obligations under these Terms;
it has full corporate power to execute, deliver and perform its obligations under these Terms;
these Terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and
in entering into and performing its obligation under these Terms it has not and will not be in breach of any relevant law or any obligation owed to another person.

6. Indemnity
6.1 Each User agrees to be liable for and to indemnify, defend and hold Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

any violation of these Terms or of any intellectual property or other right by the User;
any use or misuse of the Services, Content or data from or by the User, its employees, contractors or agents or any third party; and
any breach of law, regulation or licence by a User. Each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these Terms.

7. Basiq a Party
7.1 Each User acknowledges and agrees that:

the User enters into these Terms with Cashify who, for the purposes of accepting these Terms, is acting as limited agent for Basiq; and
each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provision as if Basiq were a party to these Terms.

This User Agreement contains the entire understanding and agreement between us with respect to its subject matter. No other verbal or other warranty, representation or statement shall alter the interpretation of this User Agreement.

Sincerely,
Management
Cashify

Correct as at February 2020