TERMS & CONDITIONS
1. ABOUT THESE TERMS
1.1. Definitions
Capitalised terms used here have the meanings set out in clause 5 (Dictionary).
1.2. Do These Terms Apply to You?
§ These terms apply to anyone using Sharky Loans’ website.
§ By using our website, you agree to follow these terms.
§ If you don’t agree, don’t use our website.
§ If you have questions, seek advice or contact us.
2. SHARKY PRODUCTS & SERVICES
2.1. Unregulated Sharky Loans
Any info on our website about financial products not regulated by the NCCP is provided by Unregulated Sharky Loans Pty Ltd ACN 689 471 949. It doesn’t apply to NCCP-regulated products.
2.2. Regulated Sharky Loans
§ Info about NCCP-regulated products is provided by Sharky Loans Pty Ltd ACN 686 777 195 as authorised credit representative 570093 for Brindabella Credit Pty Ltd ACN 643 767 855 Australian Credit Licence 527582.
§ For NCCP-regulated products, see our Credit Guide.
2.3. No Offer of Finance
Nothing on this website constitutes an offer of credit. All finance is subject to formal application, assessment, and approval.
2.4. Indicative Terms
Any terms shown (e.g. interest rates) are general only. Specific terms depend on your application. Indicative terms are not binding and may change without notice
2.5. No Advice
All content on our website is general in nature and does not constitute legal, financial or tax advice. You must seek your own professional advice before making decisions.
3. WEBSITE TERMS OF USE
3.1. General Use
By using our website, you agree:
§ You use it at your own risk. We’re not liable for any loss, and you indemnify us fully.
§ Info on our site, including third-party content, is general. We don’t guarantee accuracy.
§ We don’t guarantee our products suit your needs.
§ Our website uses cookies and tracking technologies as described in our Privacy Policy.
§ Our site may be unavailable at times. We’re not liable for any loss from this.
§ We are not responsible for any third-party interference, unauthorised access, or data loss.
§ We may monitor your use of the website to ensure compliance with these terms.
3.2. Your Responsibilities
You must:
§ Use our site only as intended.
§ Keep your password private.
§ Not:
o Scrape or extract data.
o Interfere with the site.
o Create excessive traffic.
o Send spam or malware.
o Collect others’ personal info.
o Violate intellectual property rights.
o Use our content without written consent.
o Post links to our site without consent.
o Use our site for any unlawful, fraudulent or harmful purpose.
§ Not use tools to do any of the above.
§ Follow all laws when using our site.
§ Ensure any content you provide isn’t misleading, offensive, or defamatory.
3.3. Intellectual Property
§ Our content is owned by us or licensed to us.
§ Where not owned, it’s acknowledged on our site.
§ You may use copyrighted material for private, non-commercial use only.
§ We retain all intellectual property rights.
§ You must not remove, obscure, or alter any copyright, trademark or other proprietary notices.
3.4. Third-Party Content
§ Our site may include third-party content.
§ These terms don’t apply to third-party content. Their own terms apply.
§ We don’t endorse third-party content.
§ You access it at your own risk.
§ We are not liable for any loss or damage arising from your use of third-party content.
3.5. Our Rights
We may:
§ Change these terms.
§ Restrict or block your access.
§ Report you to authorities.
§ Take legal action.
4. CONFIDENTIALITY & PRIVACY
4.1. Your Responsibilities
If you receive our confidential info, you must:
§ Not share it.
§ Protect it.
§ Only use it for its intended purpose.
4.2. Our Responsibilities
§ In addition to your consent under Clause 5, we are required by law to collect, use and disclose your confidential information to provide services, comply with legal obligations (including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)), and in accordance with our Privacy Policy.
§ We will notify you of any eligible data breaches as required under the Privacy Act 1988 (Cth).
You acknowledge that electronic communications may not be secure and accept this risk.
5. PERSONAL AND ELECTRONIC CONSENTS
5.1. Consent to Collect Personal Information
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms and Conditions.
5.2. Credit Reporting and Identity Verification
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms and Conditions.
5.3. Bank Statement Access
§ You authorise our third-party service provider to access your internet banking on your behalf to retrieve up to six months of transaction history and ongoing data for the term of your loan.
§ You appoint this provider as your agent solely for this purpose.
5.4. Overseas Disclosure
§ You consent to overseas disclosure as outlined in our Privacy Policy.
5.5. Electronic Communication Consent
§ You agree to receive all notices, disclosures, and documents electronically via email, SMS, or your customer login area.
§ You must regularly check your nominated email address.
§ You may withdraw this consent by contacting us, provided you give us an alternative communication method.
5.6. Withdrawal and Retention
§ You may withdraw your consent at any time, but this may affect our ability to provide services.
§ You authorise us to retain your personal information for as long as legally required or reasonably necessary.
6. GENERAL
6.1. Severability
If any part of these terms is found to be invalid or unenforceable, the remaining parts will continue to apply.
6.2. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control.
6.3. Variation
We may update these terms at any time. Continued use of the website means you accept the updated terms.
6.4. Governing Law and Jurisdiction
These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
7. DICTIONARY
§ Third-Party Content: Content from others, including links, articles, media, etc.
§ Application: A finance or credit application via our site.
§ AML Act: The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
§ Credit Guide: Guide required under NCCP.
§ Electronic Communication: Notices, disclosures, and documents sent via email, SMS, or customer login area.
§ Introducer: Any third party who refers you to us or assists in your loan application.
§ NCCP: National Consumer Credit Protection Act 2009 (Cth).
§ Our Confidential Info: Non-public info about Sharky Loans.
§ Privacy Policy: Our policy on handling your personal info.
§ Third-Party Service Provider: A company engaged by us to provide services, including bank data aggregation or identity verification.
§ Us/We/Our: Sharky Loans Pty Ltd ACN 686 777 195 and Unregulated Sharky Loans Pty Ltd ACN 689 471 949, including any successors and assigns
§ You: Anyone using our site, including their staff or agents.
§ Website: Any site we operate.