Website Terms of Use

 

Firstly, welcome to our website. We hope your user experience is as smooth and friendly.  If you have any queries in relation to our website or these terms of use, please do not hesitate to contact us.

1. How these Website Terms work

The website www.smartfee.com.au and its associated features and applications contain information in relation to SmartFee Pty Ltd ABN 70 168 943 486 (SmartFee Business) and SmartFee Personal Pty Ltd ABN 44 126 530 489 Australian Credit Licence 392210 (SmartFee Personal) (collectively, SmartFee, we, us or our).  The website and its associated features and applications are managed and operated by SmartFee Personal.

These terms of use apply to any use of the Website, your interaction with us on social media (such as any YouTube, Facebook, Instagram or LinkedIn pages we may have) and any material published our Website.  We need you to agree to these Website Terms so we can comply with relevant laws, so we all agree on how you use the Website and so we can comply with our obligations to third parties we deal with.  Unfortunately, if you do not agree and accept these Website Terms, then you must not use our Website and must not create an Account via the Website.  If you do use, access or link to our Website, create an Account or post on our social media pages, then you are agreeing to these Website Terms. 

We also have further T&Cs that apply once you have entered into an agreement with us, which will depend on whether you are a Practice or a Borrower and whether your agreement is with SmartFee Personal or SmartFee Business.  You will have to comply with our T&Cs in addition to these Website Terms where you have created an Account to access our services.

However (and just to be clear), we are not bound by our T&Cs unless you enter into the relevant agreement with us, and our agreement provides for us to be bound by the T&Cs.  That is because we make various promises in all our T&Cs, but we cannot make those promises to everyone who may access our Website (as we need to know how we are dealing with and we need to make sure that you have understood and agreed to our T&Cs).  Once we have entered into an agreement with you per our T&Cs, the T&Cs will set out our obligations to you. 

We have tried to make these Website Terms easy to understand, but that means there are a lot of general statements in here about how we do things.  Only the parts of these Website Terms that make clear promises to you can be binding on us, even though we do our best to always do what we say. 

You should check this page regularly to take notice of any changes that have been made to these Website Terms.

2. Terminology

Unless a definition just does not make sense in context, terms defined in the T&Cs generally have the same meaning when used in these Website Terms and the following definitions apply:

Term	Meaning
Account	your account with SmartFee Business or SmartFee Personal created via our Website or any other means, subject always to the applicable T&Cs.
Borrower	the relevant person or company who enters into an invoice payment agreement with SmartFee Personal or SmartFee Business to provide for the relevant funding arrangements.
Borrower Agreement	the relevant invoice payment or similar entered into (or to be entered into) between SmartFee Business or SmartFee Personal (as the case may be) and the relevant Borrower, pursuant to which the relevant SmartFee entity agrees to fund the payment of a Practice’s invoice.
Linked Site	any other websites, platforms or pages (including social media pages and pages of listing agents or third party data providers in relation to properties displayed via our Portal) which are not operated by us that may be linked or referred to in any part of our Website or the Portal from time to time, including any information published on such other websites.
Portal	any portal made available by us from time to time via this website (which is generally the features of this website that are locked behind any login feature), which provides you with access to our Services, among other things.  This includes our web portal where you login to access our Services after creating an account.
Practice	the relevant professional services firm or practice that SmartFee Business or SmartFee Personal (as the case may be) enters into an agreement with to provide for (among other things) them being able to refer potential borrowers to SmartFee for the funding of their invoices.
SmartFee, we, us, our or similar expressions	by SmartFee Pty Ltd ACN 168 943 486 or SmartFee Personal Pty Ltd ACN 126 530 489 and where the context allows includes references to our directors, employees, agents and any third party (other than you) that we have an agreement with, in relation to the Website or our Services.
T&Cs	where you are a: (a)        Borrower, the Borrower Agreement entered into with the relevant SmartFee entity; (b)        Practice, the funding deed or similar document entered into with the relevant SmartFee entity, in effect from time to time.
you, your or any similar expression	the person using the Website and includes a reference to any business on whose behalf you are using the Website or its functions.
Website	this includes a reference to our website www.smartfee.com.au any other website or domain name operated by us and the associated features and applications made available via those websites (including the Portal).  It also includes a reference to any of our official social media pages or any mail outs or direct marketing sent to you (that we may introduce in the future from time to time), unless that does not make sense in the context.

 

3. Our Business

SmartFee Personal and SmartFee Business operate similar business involving fee funding solutions, with SmartFee Personal providing fee funding that is regulated by the consumer credit laws (including the National Consumer Credit Protection Act 2009 (Cth)) (Credit Laws) and SmartFee Business providing fee funding that is not regulated by the Credit Laws

SmartFee Business only finances invoices in respect of a proposed Borrower who is a corporation or entity operating a business to which the Practice has provided professional services in respect of that business.

SmartFee Personal only finances invoices in respect of a proposed Borrower who is a natural person or strata corporation to which the Practice has provided professional services for wholly or predominantly personal, domestic or household purposes, or for the purpose of purchasing, renovating or improving residential property for investment purposes.

This Website and the associated domain is operated by SmartFee Personal.  However, it contains information in relation to SmartFee Business as well as SmartFee Personal.  SmartFee Personal may interact with you via this Website (and other correspondence) on behalf of SmartFee Business.  

4. Making changes

Our business is always developing and evolving, getting better day by day.  Due to this we may need to make quick changes to keep up with our ambitions, so we have the right to change and replace these Website Terms or any of the services or functionalities of the Website at any time.  

Any changes to these Website Terms will be effective immediately upon publication on the Website, so please check back on this page each time you use our Website to see if anything has changed.  We have details of when these Website Terms were last changed down the bottom for your reference.  If you continue using the Website following any changes, you will be bound by the changes and any updates to these Website Terms. 

5. Access to the Website

We only provide access to the Website on a temporary basis, so unless we cannot lawfully do so, we may withdraw, amend or restrict access to the Website, any services provided via the Website or some parts of the Website without letting you know beforehand.  We will not be responsible if the Website is unavailable at any time, even if it is our fault.  Also, any products or services offered on the Website and any functions or services provided via the Website are only made to those who can enter into legally binding contracts.

6. Information about others

Information or links of other websites made available on our Website (or in our mail outs, such as emails we may send to you) may be based on information provided to us by third parties. Unfortunately, we cannot fact check everything that these third parties tell us.  As a result, we cannot guarantee that any information, data or other things that are stated on our Website in relation to third parties is accurate and up to date. Except as required by law (including the Australian Consumer Law and the Credit Laws), we will not be responsible for inaccuracies, errors or other issues caused by incorrect information supplied to us by third parties.

Once you leave our Website or click on a link that prompts you to leave our Website, the content, privacy regulations and these Website Terms, may no longer apply and you will be subject to the individual policies and website terms of such other website.  We do not test nor do we seek quality and accuracy assurances from any external websites.

Similarly, we also disclaim any control or liability if you access our Website via links provided on other websites as we cannot guarantee that the links or words (that may be the same or substantially similar to ours) will in fact link or direct you to our official Website. In other words, if you access our systems other than via the official Website address provided above, we cannot guarantee that your privacy or personal information will be protected.  Our recommendation would be to only access our Website using the official link to the Website, provided above.

7. Creating an Account

To access some features of the Website or to use the Portal, you must register an Account with us.  At the date these Website Terms are published, the Portal is being updated and redeveloped, so the Portal may not be accessible to you at present.

If you want to use the Portal, then you will have to create an Account via the process on our Website and complete the onboarding process to create an Account.   To register for an Account, you must provide us with accurate and current information including your name, phone number, a valid email address and any other information reasonably requested by us.  From time to time, we may send you notices to the email address registered with your Account. You must keep your email address and, where applicable, your contact details and payment details associated with your Account up to date and accurate.

You are not allowed to register an Account if you are under 18 years old.  You also cannot register more than one Account or use another person’s Account without their express permission and our permission.  You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure.  Also, where you are a Practice, any use of the Account by your authorised users will be treated as being done by the Practice.   We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure.  If we suspect something is not right, we may refer potentially fraudulent, abusive or illegal activity to the relevant authorities.  If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately, and take immediate steps to re-secure your Account (including by changing your password).

You need to make sure that any information, documents or other material provided to us via the Website (including via the Portal) is accurate and up to date.  For example, if you provide us with information or documents in relation to your suitability for fee funding via the Portal, you must provide us with accurate and up to date information and documents. 

8. Linked Sites

Our Website may contain links to third party websites, external pages or information that is not operated by us or that which is not under our control (including Linked Sites).  As we have no control over these things (including Linked Sites), we are not responsible for them or any loss or damage that may arise from your use or reliance on them.

Your use of any Linked Sites will still be subject to these Website Terms to the extent they impose obligations on you (for example, you agree not to engage in any criminal offence on any Linked Sites), as well as the terms of service or use of the relevant Linked Site and it is your responsibility to read the terms of service or use of the relevant Linked Site. 

9. Your privacy

We value your privacy.  We have a separate privacy policy that sets out how we handle personal information, to the extent any of it is collected, that is available via the link on our Website (or otherwise on request). 

By using the Website, you consent to us collecting, using, storing and disclosing your personal information in accordance with the privacy policy (as amended from time to time) and promise to us that all information provided by you is accurate and up to date.

10. Things you cannot do

When visiting, using or interacting with the Website (including when posting or commenting on any of our social media pages), you must not:

• commit or encourage a criminal offence;
• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
• hack into or attempt to access any aspect of the Website or its services (including by interfering with security-related or other features of the Website) that you are not authorised to;
• corrupt data or cause annoyance to other users or SmartFee;
• infringe any other person’s rights, including any of their intellectual property rights;
• send any unsolicited advertising or promotional material, commonly referred to as “spam”;
• attempt to affect the performance or functionality of the Website or any computer facilities of, or accessed through, the Website; or
• use data mining, robots, screen capping or similar data gathering or extraction tools on the Website (or any information contained within it) or use any other automated means to extract or harvest information from the Website.

You must ensure that your access to the Website or Portal is not illegal or prohibited by laws which apply to you. You also have to take your own precautions to ensure that the process which you follow for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. 

Any breach of the above obligations may constitute a criminal offence and we may, in our discretion, report any such criminal offence to the relevant law enforcement authorities and disclose your identity to them (where collected or where traceable). 

Although it is a scary thought, we can potentially be liable for things that you post on our social media pages and for things you do in relation to our Website that may breach these Website Terms.  If that happened, then not only would that ruin our day but that could seriously damage our business. We also cannot be responsible for how you may use the Website.  Accordingly, you agree to indemnify and defend (if we ask) SmartFee Personal and SmartFee Business (including their directors, officers, employees, consultants, agents, and affiliates) from any and all liabilities, costs, expenses, claims or other obligations that we incur in connection with you breaching your obligations in these Website Terms. 

We will also not be liable for any liability, loss, cost, expense, claim or other obligation caused by your use of the Website (or any factors beyond our control), any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, visiting any Linked Sites, following any links in our mail-outs or your downloading of  any material made available from either of these sources.

11. Intellectual property, software and content

We are proud of our brand and the work that has gone into developing our Website and the Portal.  The Website, the Portal and their contents are subject to copyright, trade marks and other intellectual property rights.  Unless stated otherwise, these intellectual property rights are owed by, or licensed to, SmartFee. 

The intellectual property rights in all software and content (including photos and videos) made available to you on or through the Website (including on our social media pages and mail-outs) remain the property of SmartFee, and all such rights are reserved.  If we agree, you may store, print and display the content supplied solely for your own personal use (but we cannot agree to give rights to you that we ourselves do not have). You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website (including those that relate to other businesses or Linked Sites) and you cannot use any of these things in connection with any business or commercial enterprise.

Except where we clearly state otherwise, any third-party trade marks and content, services, links and locations featured on the Website are in no way associated, linked or affiliated with SmartFee and you should not rely on the existence of such a connection or affiliation when dealing with us or using the Website. Any trade marks or names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

12. Things we are not responsible for

While we do our best to mean and do what we say, we cannot guarantee everything that appears on the Website or in mailouts, because some things are beyond our control and in the hands of external companies that own and operate their own websites and businesses. Additionally, we cannot have absolutely everything run past our lawyers (although they probably wouldn’t complain if we did).  Subject to any consumer guarantees or other protections that we cannot exclude by law, the material displayed on the Website or in our mailouts is provided without any guarantees, conditions or warranties as to how accurate it may be.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information that you transmit to us is transmitted at your own risk.  Once we receive your transmission, we will take reasonable steps to preserve the security of such information.  You agree that you will not share your password to any account that we may allow you to create, let anyone else access your Account, or do anything that might put the security of your Account at risk.  We reserve the right to remove your username or similar identifier in respect of your Account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the Website.

To the fullest extent permitted by law, SmartFee excludes all warranties and other terms which might otherwise be implied by law and we will not be liable for any damages (including any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services), arising out of or related to the use, inability to use, performance or failures of the Website/Portal or any of the Linked Sites  and any materials posted on those external websites, in mailouts or otherwise, even if the damages were foreseeable or arise in contract, tort, equity, statute or otherwise.  Please note that this does not affect our liability to the extent it cannot be excluded by law. 

13. Linking to our Website

While we love having people promote the great things we are doing, please check with our team before you do so.  You may not link to the Website or any part of the Website without our permission or in a way that damages our reputation or takes advantage of it.  You also cannot make or publish any links in a way that indicates any form of association, approval or endorsement on SmartFee’s part where none exists. 

Any links (if we approve them) must be from a website that is owned by you and need to be done in a way that is legal and fair.  While we are proud of our Website, the Website must not be framed on any other website and you cannot create a link to any part of the Website other than the home page (if we consent to you providing such links that is).  While we may initially agree to you linking to our Website, we reserve the right to withdraw linking permission without notice.

14. General provisions

We have some general wording in our Privacy Policy that is included in contracts that we have not set out in full in these Website Terms (to save you reading more legalese).  

If any parts of these Website Terms are unenforceable (including any provision in which SmartFee excludes liability to you or imposes any obligations on you that breach the Credit Laws), then the provision will be treated as severed (removed) from these Website Terms, but the enforceability of any other part of these Website Terms will not be affected and all other provisions remain in full force and effect. So far as possible, where any wording (or part of it) can be severed to allow the remaining parts to be valid, the wording must be interpreted accordingly. Alternatively, you agree that the wording must be amended and interpreted in such a way that closely resembles the original meaning of the wording so that it is enforceable. 

These Website Terms are governed by the laws of the Queensland and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Queensland.

15. Final say

Thanks for taking the time to read these Website Terms.  We appreciate that there is quite a bit of information here, but we have tried to make this easy for you to understand.   As we mentioned above, if you have any queries or comments, just get in touch and we will help you wherever we can.  

16. Currency

These Website Terms were last updated on 25 July 2023.