1. About these Terms

These Website Terms of Use (“Terms”) govern your access to and use of the websites, applications, calculators, digital tools, customer portals and online services operated by NOW Finance (“Website”).

By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree to these Terms, you should not access or use the Website.

These Terms operate in conjunction with:

· our Privacy Policy;

· our Credit Reporting Policy;

· any loan agreement;

· any product terms and conditions;

· any Consumer Data Right (CDR) consents and disclosures; and

· any other agreements between you and us.

Where there is any inconsistency, the more specific agreement will prevail to the extent of that inconsistency.

2. Who We Are

In these Terms:

NOW Finance, we, us and our means:

· Now Finance Group Pty Ltd ACN 158 703 612 (Australian Credit Licence 425142);

· NF Finco 2 Pty Ltd ACN 164 213 030;

· NF Commercial Pty Ltd ACN 694 955 256;

· WCF Marketing Pty Ltd ACN 614 887 875; and

· any related body corporate involved in providing the Website or related services.

Website means any website, online application, customer portal, digital platform, mobile service or online tool operated by us.

3. Permitted Use

You may use the Website solely for lawful purposes and in accordance with these Terms.

You agree that you will not:

· breach any applicable law or regulation;

· interfere with the operation or security of the Website;

· introduce malware, viruses or malicious code;

· attempt to gain unauthorised access to systems or data;

· use automated tools, bots, scrapers or data-mining software without our written consent;

· impersonate another person;

· provide false or misleading information;

· use the Website in a way that disrupts other users;

· infringe any intellectual property rights; or

· engage in conduct that is abusive, threatening, discriminatory, misleading or unlawful.

We may suspend or terminate access where we reasonably believe these Terms have been breached.

4. General Information Only

Unless expressly stated otherwise:

· information on the Website is general information only;

· information is not financial, legal, taxation, accounting or credit advice;

· information is not intended to take into account your objectives, financial situation or needs;

· information should not be relied upon as a substitute for independent professional advice.

Before acting on information appearing on the Website, you should consider obtaining professional advice relevant to your circumstances.

5. Product Availability

Products and services described on the Website:

· may change without notice;

· may not be available in all circumstances;

· may be withdrawn at any time; and

· are subject to our lending criteria, verification requirements and approval processes.

Nothing on the Website constitutes:

· an offer of credit;

· an approval of credit;

· a commitment to lend; or

· a legally binding agreement.

6. Online Calculators and Digital Tools

The Website may contain calculators, estimators, digital assistants, automated decision-support tools, application tools or other functionality.

Any outputs generated by such tools:

· are estimates only;

· are based on assumptions and information provided;

· may not reflect your actual eligibility or borrowing capacity;

· do not constitute credit approval; and

· should not be relied upon as advice.

We do not guarantee the accuracy, completeness or suitability of any results generated by these tools.

7. Artificial Intelligence and Automated Technologies

The Website may incorporate artificial intelligence, machine learning, automated analytics or other automated technologies.

Any content, estimates, recommendations or information generated through these technologies:

· are provided for informational purposes only;

· may contain inaccuracies;

· may be based on assumptions and available data; and

· do not replace human assessment or professional advice.

Final credit decisions remain subject to NOW Finance’s lending policies, verification processes and regulatory obligations.

8. Consumer Data Right Services

Where services are provided under the Consumer Data Right (CDR) regime, additional consents, disclosures and obligations may apply.

You agree to comply with any additional requirements notified to you in connection with CDR services.

9. Privacy & Cookies

We collect, use and disclose personal information in accordance with our Privacy Policy.

The Website may use:

· cookies;

· analytics platforms;

· tracking technologies;

· pixels;

· session recording tools; and

· security monitoring technologies.

These technologies help us:

· provide services;

· improve performance;

· detect fraud;

· maintain security; and

· improve user experience.

Our handling of personal information is described in our Privacy Policy.

10. Cyber Security

While we implement security measures that we consider reasonable and appropriate, no online platform is entirely secure.

You acknowledge that:

· internet communications may be intercepted;

· systems can be subject to cyber attacks;

· service disruptions may occur;

· unauthorised access may occur despite security measures.

We do not warrant that the Website will be free of cyber threats or operational interruptions.

You are responsible for maintaining appropriate security over your own devices, networks and accounts.

11. Intellectual Property

The Website and all content contained on it, including:

· software;

· text;

· graphics;

· logos;

· branding;

· images;

· videos;

· audio recordings;

· documents; and

· source code,

remain owned by us or our licensors unless otherwise stated.

Nothing in these Terms transfers ownership of intellectual property rights to you.

You may access Website content for personal, non-commercial use only.

You must not reproduce, distribute, modify, publish, commercialise or create derivative works without our prior written consent.

12. Trade Marks

NOW Finance and related logos, branding, trade marks and business names are our property or licensed to us.

You must not use our branding in a manner that suggests sponsorship, endorsement, affiliation or approval without our prior written consent.

13. Third Party Content and Links

The Website may contain links to third-party websites or services.

We do not:

· control third-party websites;

· endorse third-party content;

· verify third-party information; or

· guarantee the security or accuracy of third-party services.

Accessing third-party websites is entirely at your own risk.

14. Limitation of Liability

To the maximum extent permitted by law:

· we exclude all warranties not expressly stated in these Terms;

· we do not guarantee uninterrupted availability of the Website;

· we are not liable for indirect, consequential, incidental or special loss;

· we are not liable for loss of profits, revenue, opportunity, goodwill or data;

· we are not liable for interruptions caused by telecommunications providers, internet service providers, cloud services or third-party platforms.

Where liability cannot be excluded by law, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Australian Consumer Law.

15. Indemnity

You indemnify and hold harmless NOW Finance and its directors, officers, employees, contractors and agents against any loss, liability, damage, cost or expense arising from:

· your breach of these Terms;

· your misuse of the Website;

· your violation of any law;

· infringement of intellectual property rights; or

· claims brought by third parties arising from your conduct.

16. Suspension and Termination

You indemnify and hold harmless NOW Finance and its directors, officers, employees, contractors and agents against any loss, liability, damage, cost or expense arising from:

· your breach of these Terms;

· your misuse of the Website;

· your violation of any law;

· infringement of intellectual property rights; or

· claims brought by third parties arising from your conduct.

17. Changes to the Website

We may:

· modify the Website;

· introduce new functionality;

· remove content;

· alter products or services; or

· discontinue features,

at any time without notice.

18. Amendments to these Terms

We may amend these Terms from time to time.

Updated Terms will become effective once published on the Website.

Your continued use of the Website constitutes acceptance of the amended Terms.

19. Severability

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Website and supersede all prior understandings relating to that subject matter.

21. Governing Law

These Terms are governed by the laws of Victoria, Australia.

You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

22. Contact Us

If you have questions about these Terms, please contact:

NOW Finance Website: https://www.nowfinance.com.au

Email: legal@nowfinance.com.au