Terms & Conditions
‘We’, ‘us’ and ‘our’ refer to Yes Finance Pty Ltd ABN : 29 643 059 349 | CRN : 528752 | Phone 1300 000 033
Our commitment to protect your privacy
We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed under the law. It is important to us that you are confident that any personal information we hold about you will be treated in a way which ensures protection of your personal information.
Our commitment in respect of personal information is to abide by the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant law.
When we refer to personal information we mean information from which your identity is reasonably apparent. This information may include information or an opinion about you. The personal information we hold about you may also include credit information.
Credit information is information which is used to assess your eligibility to be provided with finance and may include any finance that you have outstanding, your repayment history in respect of those loans, and any defaults. Usually, credit information is exchanged between credit and finance providers and credit reporting bodies.
The kinds of personal information we may collect about you include your name, date of birth, address, account details, occupation, and any other information we made need to identify you.
If you are applying for finance we may also collect the ages and number of your dependants and cohabitants, the length of time at your current address, your employment details and proof of earnings and expenses. If you apply for any insurance product through us we may also collect your health information. We will only collect health information from you with your consent.
Why we collect your personal information
We collect personal information for the purposes of assessing your application for finance and managing that finance. We may also collect your personal information for the purposes of marketing and managing our relationship with you. From time to time we may offer you other products and services.
To enable us to maintain a successful business relationship with you, we may disclose your personal information to other organisations that provide products or services used or marketed by us. We may also disclose your personal information to any other organisation that may have or is considering having an interest in your finance, or in our business.
How do we collect your personal information?
Where reasonable and practical we will collect your personal information directly from you. We may also collect your personal information from finance brokers and other people such as accountants and lawyers.
Do we disclose your personal information?
We may disclose your personal information:
- to prospective funders or other intermediaries in relation to your finance requirements;
- to other organisations that are involved in managing or administering your finance such as third party suppliers, printing and postal services, call centres;
- to associated businesses that may want to market products to you;
- to companies that provide information and infrastructure systems to us;
- to anybody who represents you, such as finance brokers, lawyers and accountants;
- to anyone, where you have provided us consent;
- where we are required to do so by law, such as under the Anti-Money or Laundering and Courter Terrorism Financing Act 2006 (Cth);
- to investors, agents or advisers, or any entity that has an interest in our business; or
- to your employer, referees or identity verification services.
Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:
(a)the person or organisation has a commitment to protecting your personal information at least equal to our commitment, or
(b)you have consented to us making the disclosure.
We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside Australia.
We may disclose your personal information to overseas entities that provide support functions to us. You may obtain more information about these entities by contacting us.
From time to time we may use your personal information to provide you with current information about finance, offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.
If you do not wish to receive marketing information, you may at any time decline to receive such information by telephoning us on 1300 000 033 or by writing to us at P.O Box 1254, Burleigh Town QLD 4220. If the direct marketing is by email you may also use the unsubscribe function. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
Updating your personal information
It is important to us that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we may ask you to inform us if any of your personal information has changed.
If you wish to make any changes to your personal information, you may contact us. We will generally rely on you to ensure the information we hold about you is accurate or complete.
Access and correction to your personal information
We will provide you with access to the personal information we hold about you.You may request access to any of the personal information we hold about you at any time.
We may charge a fee for our costs of retrieving and supplying the information to you.
Depending on the type of request that you make we may respond to your request immediately, otherwise we usually respond to you within seven days of receiving your request. We may need to contact other entities to properly investigate your request.
There may be situations where we are not required to provide you with access to your personal information, for example, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious.
An explanation will be provided to you if we deny you access to the personal information we hold about you.
If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the personal information. At the time of the request, otherwise, we will provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days.
We may need to consult with other entities as part of our investigation.
If we refuse to correct personal information we will provide you with our reasons for not correcting the information.
Using government identifiers
If we collect government identifiers, such as your tax file number, we do not use or disclose this information other than required by law. We will never use a government identifier in order to identify you.
Business without identifying you
In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us without providing us with personal information, for example, if you make general inquiries about interest rates or current promotional offers.
We will only collect sensitive information about you with your consent. Sensitive information is personal information that includes information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preferences, criminal record, or health.
How safe and secure is your personal information that we hold?
We will take reasonable steps to protect your personal information by storing it in a secure environment. We may store your personal information in paper and electronic form. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.
If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance with the Privacy Act, you may contact our complaints officer on 1300 000 033
We will acknowledge your complaint within seven days. We will provide you with a decision on your complaint within 30 days.
If you are dissatisfied with the response of our complaints officer you may make a complaint to the Privacy Commissioner which can be contacted on either www.oaic.gov.au or 1300 363 992.
You may request further information about the way we manage your personal information by contacting us.
We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and market place practices.
Changes to these Terms
From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
We may change the Terms at any time by posting the changed Terms on this Web site and by posting a notice to users on the homepage stating that a change has occurred.
This Web site and the service (service) provided through this web site are made available for personal or non-commercial use only. You may not use the service to supply a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not, without express written permission from us, take the results from the search and reformat and display them. You also may not mirror the home page or results pages on your web site. You may not send automated queries of any kind to the search engine without prior written approval from nor may you data mine this Web site. may add to, remove or vary any information on this Web site at any time.
You may not send automated queries of any kind to the Business Finance search engine without prior written approval from Business Finance nor may you data mine this Web site.
Business Finance may add to, remove or vary any information on this Web site at any time.
Copyright and trade mark notice
The material on the Web site, the software, design, text and graphics comprised in the Web site and the selection and layout of the Web site are owned by or licensed to us and protected by Australian and international laws.
The Web site does not grant you a licence nor act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Web site without the express written permission of the trade mark owner.
You may view the Web site and its contents using your web browser. In visiting the Web site, you are able to save an electronic copy of the Web site by means of the usual operation of your web browser only.
You may print, copy, download and view materials on the Web site subject to:
- the material being used in a manner reasonably anticipated by and
- the material not being modified in any way.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Web site in any way except for any reasonable purpose associated with the use of the Web site. owns all of the original intellectual property contained in and supported by the Web site and you are prohibited from copying or otherwise modifying or altering the intellectual property for a commercial purpose.
Other web sites
This Web site may contain links to other web sites which are not maintained or controlled by us or our related companies (third party site). Third party sites are not part of this Web site. These links are provided by us solely for your convenience.
We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave this Web site and do so entirely at your own risk.
Access to the Web site outside Australia
We do not represent or warrant that this Web site or the Content complies with the laws of any country outside of Australia. If you access and use this Web site or the Content from outside Australia, you do so at your own risk.
We take all reasonable care in compiling the Content. However, the Content is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.
We cannot screen all advertisements on the Web site. We do not assume any responsibility for the content of any advertisement available through this Web site. We will not be responsible for any offensive language or otherwise objectionable content contained in this Web site.
We provide our services with reasonable care and skill and endeavor to ensure availability of our services and access to this Web site. However, the availability of our services and access to this Web site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to this Web site or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.
We accept advertisements for this Web site in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised on this Web site will be suitable for any particular purpose, or that an advertiser has particular qualifications, or that the qualifications claimed by an advertiser are valid, or that any statements of the advertiser are true and are not misleading or deceptive. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on this Web site and it is your responsibility to verify any information in the advertisements on this Web site.
If you become aware of any inaccuracies or omissions in the information on this Web site we would be grateful if you could bring this to our attention by calling 1300 000 033 or emailing us at firstname.lastname@example.org
Information does not represent professional advice
You acknowledge and agree that information published by us on the Web site, is intended to provide general information only and which may not be applicable to your particular circumstances. You agree to access the information at your own risk and Business Finance is not liable to you for the content of the information or any reliance by you on that information.
From time to time we may organise competitions. Please refer to our Business Finance Competition Rules. Please note that where we have no control over competitions provided by our advertisers and third parties, these rules will not apply. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such competition available.
Our liability to you
The terms that apply to our supply of this Web site and the Content are those that are set out in the documents that make up the Terms (as listed above) and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
To the maximum extent permitted by law, we exclude any liability to you for any loss or damage you suffer resulting from your use of the web site or your reliance on any content.
Your liability to us
You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
Business Finance web site contains, among other things, information provided by us and associated entities, third parties and links to third party web sites. There may be technical inaccuracies, errors, programming bugs or computer viruses in this Web site or its contents.
We make no representations about the accuracy, completeness, currency or suitability of the information or links provided on this Web site.
The information is provided ‘as is’ without express or implied warranty. You use the information and links at your own risk. We take no responsibility for the content of Internet sites that link from, or to, this site. Except as set out below, Business Finance excludes:
- warranties whether express, implied, statutory or otherwise, relating in any way to this Web site or your use of this Web site; and
- liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from, or in connection with, any use of the information on, or accessed through, this Web site for any reason whatsoever.
Where any statute implies any term into your use of, or any arrangement arising out of, the accessing of this Web site and that statute prohibits exclusion of that term, then that term is included.
If and to the extent permitted by the statute, however, Business Finance’s liability for any breach of such term is limited to the re-supply of the information or links or associated services.
No responsibility for the security of your information
We will take all due care in ensuring the privacy and integrity of the information you provide via the Web site. However, the possibility exists that your information could be unlawfully observed by a third party while in transit over the Internet, or while stored on Business Finance systems (including servers) or on the Web site. Business Finance disclaims all liability to you to the greatest extent possible pursuant to law should security or integrity of your information be jeopardized. Business Finance may provide your name and contact details to other financiers. You have no obligation to respond to enquiries from any financier to whom we provide your name and contact details.
Use of intellectual property and information
welcomes ideas and feedback from you about all aspects of the Web site. You agree that may use, reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Web site or by email to Business Finance.
(Please read the Business Finance Privacy Notice for more information as to how we store and treat information you send to us).
No misrepresentation allowed
You agree that it is a condition of your use of the services provided by us or through the Web site that you will not through any act or omission (including but not limited to submitting a request or inquiry via the Web site) mislead or deceive others.
Termination, suspension and limitation of your access – material breach by you
We may suspend, terminate or limit your access to this Web site at any time if you are in material breach of these Terms and:
- we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you; or
- the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).
Our other rights to terminate, suspend or limit your access
We may suspend, terminate or limit your access to this Web site with as much warning as we reasonably can, if:
- we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to this Web site;
- the law requires us to do so;
- we believe on reasonable grounds that providing you with access to this Web site or to the Content is illegal or may become illegal; or
- there is an emergency.
If any part of these Terms is unenforceable, it will be severed from the remainder of these Terms. These Terms constitute the entire agreement between the parties concerning the subject matter of these Terms. A provision of or a right created under these Terms will not be waived except in writing signed by the party granting the waiver.
If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
These Terms (and your dealings with us) are subject to the laws of Queensland, Australia.