Terms and Conditions

Thank you for visiting the website located at https://www.lending-express.com/au (the “Site“) of Lending Express Ltd. (“We“, “us” or “ Lending Express“). Please carefully read these terms of use (the “Terms“) as well as our privacy policy, which we may update from time to time, a current version of which is available here (the “Privacy Policy“). We provide value added services meant to connect small businesses with small business loan providers, as further described at https://www.lending-express.com/au (together with the Site, the “Services“). By accessing the Site or using our Services, you thereby agree to the Terms and Privacy Policy. “ You” means a user of the Site and/or Services. If you do not agree to the Terms and Privacy Policy, you should exit our Site and not use or review any of the information that is posted on the Site and not apply for or use our Services.

We may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site or Services. Any use of the Site or Services by you after Lending Express’s publication of any such changes shall constitute your acceptance of these Terms as modified. Lending Express may, in its sole discretion and at any time, discontinue providing the Site or Services or any part thereof without notice.

Use of and access to the Site or Services is void where prohibited by law. By using the Site or Services, you represent and warrant that (a) any and all information you submit is truthful and accurate; (b) you are of a legal age to form a binding contract to receive a loan; (c) your use of the Site or Services does not violate any applicable law or regulation or any obligation; and (d) your use of the Site or Services is for a bona fide business purpose.

Please note that we are not a government agency, government organization, financial institution, loan provider or other funding provider. We are a company providing value added services meant to connect small businesses with small business loan providers. Please note that generally you, either on your own or through an independent third party, as required by applicable law, can apply for small business loans without the use of the Services directly with a small business loan provider.

By using the Site or Services to assist your self-representation, you agree to the following terms. You are representing yourself and/or the entity you are authorized to represent in this business matter. No attorney-client or other professional privilege is created with Lending Express. You have been fully informed of the Services that Lending Express is performing. No governmental entity or authority has evaluated or approved Lending Express’s knowledge or experience, or the quality of Lending Express’s Services.

Please note that you may obtain information regarding small business loans from a professional business consultant, financial institution or other funding provider. Lending Express is not permitted to provide you the actual loan or any kind of advice, explanation, opinion, or recommendation about possible financial or legal rights, remedies, defenses, options, selection of forms or strategies.

Lending Express DOES NOT GUARANTEE THAT YOU WILL RECEIVE A LOAN FROM ANY PROVIDER.

No information on the Site is to be construed as financial product advice or a recommendation, to buy or sell any financial product (as that term is defined in the Corporations Act 2001 (Cth)). The Services provided by Lending Express does not constitute an offer, invitation, solicitation or recommendation in relation to the subscription, purchase or sale of financial products (as defined in the Corporations Act 2001 (Cth)).

Application Services

We shall provide the following assistance with respect to your search for a small business loan:

Lending Express conducts preliminary loan assessment services on behalf of alternative lenders (the “Lender(s)”) using the information provided by you through the pre-qualification questioner completed by you for the grant of such small business loan (“Prequalification Criteria”). The pre-qualification questioner may request information including but not limited to business name and address, amount and intended purpose of funding sought, certain financial information and documents regarding the business, and certain information and documents regarding your business (the “ Application Information”). You agree to provide true, accurate, current and complete Application Information. We are not responsible for any Service-related issues arising from your failure to provide true, accurate, current and complete Application Information. If we determine, in our sole discretion, that you have failed to do so, we may suspend or terminate your access to the Site and Service. By providing the Application Information to Lending Express, you authorize us to furnish the Lender with your Application Information on your behalf and, if necessary, verify certain fields of your Application Information.

Your receipt of the loan from the Lender is subject to a separate assessment process that will be provided to you by the Lender. You acknowledge and agree that Lending Express has no role in the Lender’s decision to provide or not provide funding to you, and that Lending Express provides the Application Information to the Lender on your behalf.

You authorize us to use the Application Information for all purposes related to the Service, and to have continued access to your Application Information, provided that such access shall be used solely for the purpose of providing the Service to you.

Intellectual Property

Lending Express and its licensors own the Site or Services, as well as the materials provided on this Site or Services, including all worldwide intellectual property rights in the Site or Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, adapt, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or Services or any content appearing in the Site or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grant you any right to use any trademark, service mark, logo, or trade name of Lending Express or any third party. Unauthorized use constitutes copyright and/or trademark infringement and may be prosecuted.

You may not, or attempt to; (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site or Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; or (d) harvest, collect or mine information about users of the Site or Services.

Pricing and Fees

We do not charge you any fee for the Service. Lending Express does not control a Lender’s terms, and a Lender's funding terms and conditions are entirely and solely within the Lender’s discretion.

Disclaimers & Disclaimer of Warranty

Lending Express is not financial consultant or institution and neither Lending Express nor any of its employees provide legal or financial services or advice of any sort. Furthermore, no representations or warranties, express or implied, are given regarding the legal, financial or other consequences resulting from the use of our Site or Services or the forms provided therein. Lending Express does not guarantee or assume any responsibility for any service advertised or offered by any third party service relating to either Lending Express or any funding provider. Lending Express makes no guarantee as to the number of funding providers with whom you may be matched using the Service, nor does Lending Express guarantee that you will be able to obtain business funding in any amount using the Service, including from any funding provider for whom your verified information provisionally prequalifies you for such funding. You understand and agree that Lending Express is neither a funding provider nor a financial advisor, and nothing on this site is intended to be a substitute for professional financial advice.

Your use of the Site or Services is at your sole discretion and risk. The Site and Services are provided on an “AS-IS” and “AS AVAILABLE” basis without warranties of any kind from Lending Express. Lending Express EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Lending Express DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE OR SERVICES; OR (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE OR SERVICES. Lending Express MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SITE OR SERVICES.

Lending Express DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION PROVIDED THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Lending Express CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice (including after you have submitted an Application Information to us).

No advice or information, whether oral or written, obtained by you from Lending Express, or any third party on behalf of Lending Express, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.

Limitation of Liability

IN NO EVENT SHALL Lending Express OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OR ANY CONTENT INCLUDED ON THE SITE (INCLUDING ADVERTISEMENTS), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Lending Express HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to indemnify, defend, and hold harmless Lending Express and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site or Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site or Services, including, without limitation, provision of services in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines and shall not be intended to damage, disable, overload or impair the Site or the servers on which it is hosted.

Links

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the websites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Lending Express cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Lending Express is not responsible for content available by means of such sites. Lending Express does not endorse any products offered by third parties and we urge our users to exercise caution in using third-party sites.

Miscellaneous

These Terms shall be governed by the law of the State of Victoria, Australia, exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Application shall be brought exclusively in the courts in Victoria, Australia, and you irrevocably consent to their jurisdiction. Any cause of action against Lending Express must be brought within one (1) year of the date such cause of action arose. If any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Lending Express or authorizes you to act on behalf of Lending Express. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Lending Express and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided to us.

Last updated: 19/12/2016