Terms of Service

This website (Website) is operated by Capital Sorted Pty Ltd (ABN: 25 636 114 700) its successors and assignees (Capital Sorted, we, our or us). It is available at: capitalsorted.com.au and may be available through other addresses or channels. These Terms and Conditions (Terms) constitute a legally binding agreement between us and the business who accesses our Website and accepts our Terms (you) (collectively the Parties and each a Party). Our Website assists small businesses with obtaining finance from third party loan providers (Lenders) or from Capital Sorted (when we are offering our own financing service on the Website) (the Services).

1 – Acceptance

1.1 By accessing and/or using the Website and/or by accepting these Terms and Conditions (Terms), either by clicking a box indicating your acceptance or by completing an application form, you:

(a) warrant to us that you have reviewed these Terms, and that you understand these Terms;
(b) warrant to us that you have the legal capacity to enter into a legally binding agreement on behalf of a company or other legal entity and you represent that you have the authority to bind such entity and its affiliates to these Terms; and
(c) agree to use the Website in accordance with the Terms.

1.2 Please read the Terms carefully. Our Privacy Policy forms part of these Terms and is incorporated into these Terms by reference. You must immediately cease using the Website if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied Terms on our Website. We recommend you check our Website regularly to ensure you are aware of our current Terms. Your continued use of the Website after any change to our Terms will be deemed to be your acceptance of our amended Terms.

1.3 If we amend the Terms during the period that your Application Form has been lodged but has not yet been processed or accepted by us, the amended Terms will not apply to you and the Terms which were in affect at the time (and you agreed to) will instead apply.

2 – Our Services

2.1 We will only process application forms which are made in accordance with these Terms.

2.2 There is no fee to lodge an application form for a referral to a Lender or to assess your eligibility for a loan from us. However, if we have referred you to a Lender, or assessed that you are eligible for a loan from us, you will be required to sign a loan agreement in order to enter into a loan with either the Lender or us. If there is any inconsistency between the loan agreement and these Terms, the loan agreement will prevail to the extent of the inconsistency.

2.3 When providing you with a referral to a Lender, you understand and agree that our Website is an introductory platform only and that our responsibilities are limited to facilitating the referral to a Lender. Lenders are not our employees, contractors or agents and we are not a party to any loan agreement between you and the Lender and have no control over the conduct of Lenders.

2.4 You may withdraw your application form at any time without penalty by advising the Lender or us when we or they call you.

2.5 We may recommend a Lender for your business and assess your eligibility for a loan with us based on the information you provide to us in your application form. You warrant that all information you provide to us on our Website is accurate, current and complete and you will notify us if any information changes from when your application form is lodged until you sign a loan agreement with a Lender or with us.

3 – Prohibited Conduct

3.1 You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Website or which apply to you or your use of our Website; anything which we would consider inappropriate; or anything which might bring us or our Website into disrepute, including (without limitation):

(a) impersonate another entity or falsely state your affiliation with an entity;
(b) create a false identity in your application form; and
(c) misrepresent, in any way, your business by providing false, incomplete and/or misleading information in order to obtain finance from a Lender or with us.
(d) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(e) using our Website to defame, harass, threaten, menace or offend any person;
(f) interfering with any user using our Website;
(g) tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;
(h) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
(i) using our Website to send unsolicited email messages; or
(j) facilitating or assisting a third party to do any of the above acts.

3.2 You are prohibited from using our Website, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

3.3 We reserve the right to reject your application form and any future application forms made by you if we have grounds to suspect or if we confirm that you have breached this clause 3.

4 – Collection Notice

4.1 We collect personal information about you in order to enable you to access and use the Website to provide our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

4.2 We may disclose that information to third party service providers who help us deliver our Services (including Lenders we have a referral arrangement with, information technology service providers, data storage, web-hosting and server providers, professional advisers, payment systems operators, the Document Verification Service (DVS), credit reporting bodies and our business partners) or as required by law. If you do not provide this information we may not be able to provide our Services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

4.3 By accepting these Terms, you consent to us verifying your identity with DVS and sharing your personal information, to the extent permitted by law, with consumer credit reporting agencies in order to assess your eligibility for a Loan with us or a Lender. You understand that we will obtain and provide, to the extent permitted by law, information about consumer and commercial credit to such credit reporting agencies and you consent to us accessing the consumer section of individual credit files.

4.4 Our Privacy Policy contains further information about: (i) how we store your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

4.5 By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

4.6 This clause 4 will survive termination of these Terms.

5 – Intellectual Property

5.1 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all of the Content. Your use of our Website and your use of and access to any Content does not assign to you any rights, title or interest in relation to our Website or the Content.

5.2 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms. All other uses are prohibited without our prior written consent.

5.3 You must not, without our prior written consent:

(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Website, including (without limitation):
i. altering or modifying any of the Content;
ii. causing any of the Content to be framed or embedded in another website; or
iii. creating derivative works from the Content.

5.4 This clause 5 will survive termination of these Terms.

6 – User Content

6.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Website.  By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Website.

6.2 You agree that you are solely responsible for all User Content that you make available on or through our Website.  You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6.3 We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

7 – Warranties and Disclaimers

7.1 To the extent permitted by law, we make no representations or warranties about our Website or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses; and
(c) our Website will be secure.

7.2 You read, use, and act on our Website and the Content at your own risk.

7.3 The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding it. The Content is subject to change without notice. However, we do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.

7.4 You acknowledge and understand that any referrals to Lenders we make to you are based on the information we have at the time which is analysed by Capital Sorted. While we aim to get you the right business finance at the lowest possible cost, this is based only on a comparison of the Lenders and finance products included in our Lender panel and their rates as at the time of analysing your business. While we provide you with the Services with due care and skill, we cannot guarantee that our recommendations will always be appropriate or suitable for your business. Our recommendations should not be regarded as financial advice and we encourage you to engage a qualified financial advisor if you are seeking financial advice.

7.5 You further acknowledge and understand that we are not party to, or responsible for, your relationship with the Lenders and you should conduct your own due diligence to assess a Lender’s suitability for your business’ financing needs.

7.6 This clause 7 survives termination of these Terms.

8 – Limitation of Liability

8.1 To the maximum extent permitted by law, we are not responsible for any Liability suffered by you or any third party, arising from or in connection with your use of our Website and/or your use of our Services and/or any interaction you have with Lenders whether in person or online, and/or any inaccessibility of, interruption to or outage of our Website and/or the fact that the Content is incorrect, incomplete or out-of-date.

8.2 To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

8.3 This clause 8 will survive termination of these Terms.

9 – Termination

9.1 We may immediately suspend, terminate or limit your access to and use of the Website if (i) you breach the Terms, any applicable laws, regulations or third party rights or (ii) if we have received complaints about you from Lenders.

9.2 You may stop using the Website at any time for any reason.

9.3 We may stop making the Website (or any part of it) available without prior notice. If we do this, any Application Form that we have accepted will not be affected, subject to the Terms.

10 – Disputes

10.1 In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 14 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

11 – General

11.1 Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing.

11.2 Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the Parties.

11.3 Third party Websites: Our Website may contain links to website operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those website.

11.4 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these terms and conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.

11.5 Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

11.6 Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

11.7 Governing law: These Terms are governed by the laws of New South Wales. The Website may be accessed in Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Website.

Capital Sorted Pty Ltd (ABN: 25 636 114 700)

Email: admin@capitalsorted.com.au.

Last update: 1st november 2019

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