Efunder Terms and Conditions
The following Terms and Conditions apply to your use of this EFUNDER website. Your use of the website means that you accept these terms and conditions. If you do not agree to be bound by these terms, you must cease use of the website and services, or be taken to be bound by the terms and conditions governing the use of the site.
EFUNDER connects borrowers, referrers and non-bank commercial lenders. We enable these parties to communicate with each other on the platform. The information provided on the website, and through the connecting process is a guide only, based on information provided by lenders and referrers regarding the basis upon which they are likely to approve an applicant and may not be complete for your purposes or take account of every factor that will be relevant in the lender’s final decision. EFUNDER does not warrant the accuracy of information provided, and it is recommended that information is confirmed with the third party product providers on our platform. EFUNDER and its agents assume no responsibility for actions or omissions to act based on any information, services, or other material on our website.
Additional terms and conditions are set out below.
Defined terms
These Terms and Conditions ("Terms") may refer to "EFUNDER", "our", "us", and "we" interchangeably. These terms apply between EFUNDER and the "User", also referred to as "you".
Disclaimer of warranty
EFUNDER gives no warranty in relation to statements or information provided by third parties on our website. We expressly disclaim liability arising from persons acting or failing to act based on the information contained on our website. EFUNDER further disclaims any responsibility or obligation to provide updates on published information. These disclaimers explicitly extend to third-party content published on our website, whether by organisations or individuals, including (but not limited to) on our blog and forum. Such content reflects the views, beliefs, and/or positions of the authors of the content, and not necessarily those of EFUNDER.
Limitation of liability
EFUNDER will not be held liable for any incidental, special, consequential, or indirect damages arising out of, or related to, the use of the website or services provided by EFUNDER. This will be the case even if EFUNDER knows or has been advised of the possibility of such damages. These damages include, but are not limited to, financial loss due to failure to obtain finance, damage for loss or corruption of data, and interruptions to the services we provide.
Copyright and links to third-party websites and services
This website is subject to copyright and is entirely owned by EFUNDER. The website may also display third party materials that are subject to copyright. Except as permitted by the Copyright Act 1968, you may not reproduce, sell, publish, transmit or disseminate the contents of this website without our prior permission. You may use the information provided for your private or internal purposes only.
The EFUNDER website may contain links to websites of third-parties. These third-party websites are not under EFUNDER’s control, and we disclaim responsibility for any content provided on a third-party website. Reference on our website to any products, services or other information (by use of name, logo or otherwise) does not constitute endorsement of such products, services or information. Indicative rates provided are for information purposes only, and must be confirmed with the third party quoted before relying on such a quote. Your correspondence and/or dealings with third-parties found on or through our website are solely between you and such third-parties, and you agree that EFUNDER will not be held liable for any loss or damage arising through such correspondence or business dealings.
Use of information or content provided by users
Status of content submitted to our website and for provision of services
By submitting content (including personal and business information) to our website, you agree to grant EFUNDER a perpetual, non-exclusive, irrevocable, royalty-free license to use of such content. Use may include but is not limited to - reproduction, adaptation, editing, modification, translation, publication, transfer, and/or distribution of the content. This shall specifically include license for us to make the content available to other companies/organisations with whom we have business relationships. Such provision of your information may require changes to your content.
Inquiry with a specific lender or referrer
By submitting your information to retrieve your loan options, you consent to us providing lenders with the following information:
Your personal details as provided by you to us (including your name, business name, ABN/ACN)
Contact details (email address, phone number)
Trading, operational, and financial data as provided to help us connect you with that lender (including but not limited to time in business, industry, presence/absence of past defaults etc)
Any other information entered into our platform by you, or made available by you through integrations with your systems
Discuss application with lenders
By submitting your information to retrieve your loan options, you consent to us requesting information from contacted lenders about whether you have progressed with an application, and the circumstances of your application. Provision of such information by lenders will be governed by the privacy and terms of use of the particular lender you been contacted with.
Ongoing communication
You agree that we may use the contact details you have provided to us in order to contact you from time to time to update you on the services that we provide. You may opt-out of these communications, at which point we will cease to contact you.
Disclosure as required by law
You acknowledge and agree that we may disclose information provided by you if required by law.
For further information about the collection and use of information provided by you in the course of using this website and EFUNDER services, please read our Privacy Policy on this website. By using the website and any EFUNDER services, you are agreeing to the terms of the Privacy Policy.
Security of information
Security of your information is critical to us here at EFUNDER. We maintain security measures to prevent unauthorised access to our systems and the information that you provide in the course of using our website and services. This includes encryption of our website and services using SSL technology, and review of our systems to ensure ongoing security standards are maintained. We also restrict access to personal user information to EFUNDER employees, agents, and contractors who need to know that information to facilitate our service to you. We maintain strict confidentiality standards with such employees, agents, and contractors.
General Advice Warning
The services provided by EFUNDER are to be used as a guide only. We explicitly provide no guarantee as to the price/rate offered by a particular lender or broker to a particular borrower, nor provide any guarantee as to approval by an end lender. Time to funding and product features are also general guides and not guarantees. Loans may take longer to fund than the minimum time specified for that product/lender, depending on the specific loan and supporting documentation required. Individual product features (for example, requirement for security, guarantees, supporting documentation) may change or no longer become available depending on the circumstances of the applicant – this is at the sole discretion of our lending partners when processing your application.
Use of site and EFUNDER services
Exclusive use
The registered account provided by EFUNDER to you is to be used only by you. You acknowledge that EFUNDER will not be held responsible for third party access to your account that results from theft or misappropriation of your login details (username or email and password)
Information submitted by you
You are solely and fully responsible, and accept liability flowing from your provision of information on our website. This includes information that we pass on to lenders and brokers. You undertake to only submit accurate information to this website, and accept responsibility for harm or damage resulting directly or indirectly from the provision of inaccurate information, whether submitted in good faith, negligently, or wilfully.
Risk assumption
You assume all risks when using our website and services. This includes, but is not limited to risks associated with interactions, product applications, and receiving funding from third parties through our website.
Disclaimer of guarantees on connecting with participants and funding approvals
EFUNDER does not guarantee that every user will be contacted by lenders or brokers. EFUNDER also explicitly disclaims that being connected to a lender or broker, constitutes any guarantee or representation that funding will be approved or provided that party.
Use is for legal purposes only
You agree to only use this website and services in accordance with all applicable laws (federal, state and local)
Indemnification
You agree to indemnify EFUNDER for any losses, costs, liabilities and expenses arising out of:
Your use of our website or services
Content published by you on our website (including but not limited to our blog and forum)
Your violation of these Terms and Conditions
Your violation of any applicable laws, rules, or regulations
EFUNDER reserves the right to assume the exclusive defence and control of any such matter subject to this indemnification clause. In the event that this occurs, EFUNDER will take on any costs associated with defending the matter, and you agree to fully cooperate with EFUNDER in asserting any available defence.
Effective application of this agreement
This agreement is effective upon your acceptance of this agreement, which occurs through use of our website and/or services. To reiterate and remove doubt, usage also constitutes agreement to our Privacy Policy available on our website. This agreement will remain in force in perpetuity unless terminated by EFUNDER or by you. Either party may unilaterally terminate your account with EFUNDER, for any reason, without any explanation.