WEBSITE TERMS & CONDITIONS

WEBSITE TERMS & CONDITIONS

OWEN FINANCE GROUP

Effective Date: 15 November 2023

Welcome to www.owenfinancegroup.com.au (Site).

This Site is owned and operated by Owen Finance Group Pty Ltd ABN 50 668 806 504 trading as Owen Finance Group (referred to in these terms as “Owen Finance Group”, “we”, “us”, and “our”). Please take the time to read the terms of use that apply to your use and enjoyment of our Site and the content made available to you via our Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of the Site (“user”, “you” and “your”). 

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CONSENT TO SITE TERMS

By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are agreeing to abide by these Terms. If you do not accept these Terms, please do not use our Site or any services offered through it.

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NO MINORS

By using the Site or accessing or purchasing any products or services, you warrant that you:

  • are over 18 years of age and have the legal capacity to enter into a legally binding contract;

  • have read and accepted these Terms; and

  • will comply with these Terms.

 

CHANGES TO THESE TERMS

We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.

By continuing to use our Site, you are considered to have accepted any changes or amendments. You may also formally accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about these Terms or any other aspect of our Site, we strongly recommend you reach out to us for clarification before proceeding with any purchase, booking or use of our services.

 

INTELLECTUAL PROPERTY

Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

No Commercial Use or unauthorised reproduction

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms. 

Limited Licence

Where you download any digital products including checklists, guides, ebooks, workbooks, video or audio content (Digital Products), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

 

LINKS TO OTHER WEBSITES

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.

PRIVACY

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

GENERAL INFORMATION WARNING

This content and information presented on this Site, including our digital products, blog articles or other information is general information only and has been prepared without taking into account your objectives, financial situation or needs. We recommend that you consider whether it is appropriate for your circumstances and your full financial situation will need to be reviewed prior to acceptance of any offer or product. It does not constitute legal, tax or financial advice and you should always seek professional advice in relation to your individual circumstances.

Please note that Owen Finance Group is a Corporate Credit Representative 551019 authorised under Australian Credit Licence Number 389328. However, the information on this Site is provided as general information only, and you should not act on it without first obtaining specific, personalised advice.

Limitation of Liability

We do not accept any liability for your reliance on the general information presented on this Site. The information is provided "as is," and we make no representations or warranties, express or implied, as to its accuracy, completeness, or suitability for any purpose.

Third-Party Disclaimer

References or links to third-party products, services, or resources are provided for informational purposes only and do not imply our endorsement or recommendation. We are not responsible for the content or reliability of any third-party materials and do not necessarily endorse the views expressed therein.

 

SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA

We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you! 

Where you do decide to submit such feedback or comments, you:

  • warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);

  • give us permission to post or otherwise use that feedback on our social media or other channels;

  • waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;

  • warrant that any content provided does not violate these Terms; and 

  • warrant that you are at least 18 years old.

We reserve the right to remove a review or comment if such review or comment contains:

  • libellous or otherwise unlawful, abusive or obscene material; 

  • personal attacks on our employees or another contributor; 

  • material that discloses your personal information; or

  • Information that is unrelated to the post or content that you have reviewed or commented on.

Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

COMPETITIONS

We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition. 

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TESTIMONIALS

Case Studies and Customer Insights

The content on our Site may feature customer anecdotes, examples, or case studies related to the services we offer. Please note that these are provided solely for illustrative purposes. They should not be considered as guarantees for any specific outcomes. Financial circumstances vary from person to person, so identical results cannot be guaranteed.

Testimonials Usage

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels and other promotional platforms at our discretion. Your testimonial will serve as an example and should not be interpreted as a guarantee of specific financial results for other users.

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PROHIBITED USE

In addition to any other prohibitions, You are expressly prohibited from using this Site or its content in any of the following ways:

  • For any purpose that violates local, state, federal, or international law, regulations, or ordinances.

  • To solicit or encourage others to engage in unlawful activities.

  • To breach or circumvent any international, federal, or state regulations, rules, or local laws.

  • To alter, deface, hack, or otherwise interfere with the Site, or any content displayed on it, with the intent to impair its functionality.

  • To gain unauthorised access to any part of the Site, or to corrupt data, or to cause disruption or annoyance to other users.

  • To infringe upon the proprietary rights, including but not limited to copyrights and trademarks, of any third party.

  • To distribute unsolicited promotional material or advertising, also known as "spam."

  • To impair or attempt to impair the performance or functionality of any computer systems accessed through the Site.

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WARRANTIES AND DISCLAIMERS

This Site, along with any products or services offered herein, is provided "as is" and "as available," without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • The suitability, reliability, availability, timeliness, and accuracy of the Site, its content, or any products or services offered on or through the Site for any particular purpose.

  • The Site being free of harmful components such as viruses, malware, or any other harmful code that could cause damage or assist in causing damage to the user's computer system.

  • The security, integrity, or invulnerability of the Site and any data stored or transmitted via the Site.

  • We do not warrant that the Site will operate error-free, that defects or errors will be corrected, or that the Site and its servers are free of harmful components. Further, we do not warrant that the transmission of information to and from this Site will be secure.

  • By using this Site, you acknowledge that we do not have control over the transfer of data over telecommunications facilities, including the internet, and that the Site may be subject to limitations, delays, and other issues inherent to the use of such means of communication. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.

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LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

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OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

ADDITIONAL TERMS & CREDIT GUIDE

Additional Terms

Where you elect to enter into a one-on-one arrangement with us, we will issue you additional terms and such other documentation as may be necessary to provide you with our products and services to the extent applicable (Additional Terms), incorporates terms and conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail. 

Credit Guide

For detailed information about our credit services, licences, and conduct, please refer to our Credit Guide. We strongly recommend reviewing this guide before making any decisions based on the general information provided on this Site. You can access the Credit Guide here. In the event of any inconsistencies or conflicts between the information on this Site and the Credit Guide, the terms and conditions set forth in the Credit Guide shall prevail.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated:

a. where you breach any provision of these Terms; or

b. at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

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CEASING OUR WEBSITE

We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy, Additional Terms and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and your use of our Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.