Terms & Conditions
By viewing the contents of or using this website, you as a User of this website agree to all of the following Terms and Conditions outlined in this notice without limitation or qualification (‘Terms’):
Use of this Website
- For the purposes of this disclaimer, unless an intention to the contrary is expressed, the term ‘Arch Finance’ includes Arch Finance Pty Ltd (ACN 137 960 046, Australian Credit Licence 393631), its affiliates and its Related Bodies Corporate (as that term is defined in the Corporations Act 2001 (Cth)) (together, ‘Arch Finance’), all of which are represented in the domain name www.archfinance.com.au (‘Website’).
- The Website may contain general information about our products and services. Unless expressly stated otherwise, the Website does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for our products and services;
- purport to provide you with personal financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
- The Website may include information about certain properties and their characteristics (including size, location and value). Such statements may not reflect the current or latest information in relation to such properties. Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
- You should not act on the basis of any information accessed at or through this Website without obtaining and considering appropriate professional advice specific to your own circumstances.
- Before making a decision in relation to any Arch Finance product, you should obtain and consider the appropriate Information Memorandum.
Disclaimer of Liability
- To the maximum extent permissible by law, Arch Finance excludes all liability, including for negligence, to you or any person in respect of anything and the consequences of anything done or omitted to be done by you or any person in whole or partial reliance on all or any part of the information accessed at or through this Website.
- Arch Finance makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
- Whilst all reasonable care has been taken in providing this information, Arch Finance:
- does not warrant the accuracy and completeness of information accessed at or through this Website; or
- does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Website.
- Arch Finance may make changes to the materials at this Website at any time without notice. The materials at this Website may be out of date, and Arch Finance makes no commitment at any time to update the materials at this Website.
- Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms to be void.
Collection of Information
- You authorise Arch Finance to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Arch Finance is able to provide a secure way of conducting its business and the Website. These responsibilities extend, amongst other things, to fraud, money laundering and other crime prevention, careful credit assessment and validation of identity of all Users of Arch Finance in accordance with Australian laws.
- Upon completion of our registration process, including satisfaction of any required verification checks and acceptance by us, we may open an account in your name in our systems that will enable you to access and use the Website in accordance with the provisions on these Terms (‘User Account’).
- In order to access your User Account, you will be asked to choose a username and password (‘Access Codes’).
- Each time you seek to access your User Account, we will check your identity by asking for your Access Codes. As long as your correct Access Codes are entered, we will assume that you are the person accessing your User Account unless you notify us otherwise in accordance with these Terms.
- You must therefore keep the Access Codes secret and secure and make sure that they are not selected or stored in a way that enables others to access them or impersonate you. In addition, if you disclose the Access Codes to any person whom you authorize to access your User Account, you are also responsible and liable for any access, use, misuse or disclosure of your Access Codes or your User Account by such person.
- You must notify us immediately if you discover or suspect that the security of your Access Codes may have been breached. If we receive such a notification from you or determinate ourselves that the security of your Access Codes may have been breached, we may elect to cease access to your User Account and you will not be able to access the Site until measures have been taken to verify your identity.
- You undertake not to use the Website to use or attempt to use another person’s User Account without authorization from us, or create a false identity in relation to the Website.
Termination and Assignment
- We may terminate your User Account and Website access for any reason at any time, with or without notice. Upon the termination of your User Account, your access to the Website will be terminated and we will have no obligation to store or provide you with access to any information relating to your activity on the Website.
- You may not assign any part of these Terms without our written consent but we may assign these Terms to any associated companies or affiliates without notice to you.
Links to Third Party Websites
- Any links to third party web websites on this Website are provided solely as a convenience to you and such links are not in any way an association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked website or its content, unless an intention to the contrary is expressed. Should you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
- Arch Finance does not guarantee or warrant that any files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that, in so far as technology is concerned, manifests contaminating or destructive properties. You are entirely responsible for implementing sufficient programs, practices and procedures to satisfy your particular requirements for technological functionality, the accuracy of data input and output, and for maintaining an appropriate means for the recovery of any lost data.
- These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia (‘Victoria’), without giving effect to any principles of conflicts of law, notwithstanding that any such conflicts of law may involve the laws of a foreign jurisdiction. Any legal proceedings arising out of or in connection with the use of this Website must be commenced in the appropriate court in Victoria. If you view the contents of or use this Website from locations outside of Victoria, you are solely responsible for compliance with the laws of the jurisdiction in which you view the contents of or use this Website.
- If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, and shall not affect the validity and enforceability of any remaining provisions in these Terms.
- Arch Finance may revise these Terms at any time by updating this website. You are bound by any such revisions and should therefore periodically revisit this page to review the then current Terms by which you are bound.
Changes to these Terms and Conditions
- These Terms and Conditions may be revised at any time by updating this notice, and will be effective as at the date of such update. Your continued use of this Website after any changes to this notice will be considered acceptance of those changes.