FYX Finance Website and Online Services Terms and Conditions

1. Overview

1. FYX Licensing Services Pty Ltd (ABN 38 684 430 966, ACL 567281) trading as FYX Finance (FYX Finance, we, or us) operates the FYX Finance website (Website).

2. FYX Finance may post its products and services on the Website which, together with any mobile phone app listed on the Google Play and Apple App Store, will be referred to herein as the FYX Services.

3. FYX Finance is an Australian mortgage and finance business and provides residential and commercial mortgage loan solutions to customers (you and your) throughout Australia.

4. You can read our Target Market Determinations (TMD) on the Website.

5. These terms and conditions (Terms) govern your use of this Website or access to any other product and/or service available through this Website including the FYX Services that are available through the FYX online customer portal (Online Services).

6. Your use of this Website and/or access to the Online Services is also subject to our Privacy Policy, notices, disclaimers, and any other terms or other statements contained on this Website. If you use any of the Services identified on this Website and Online Services for which additional or alternative Terms are included, such as an Information Memorandum on this Website or Online Services, then those additional or alternative Terms will also apply.

7. By accessing, viewing, or using this Website or Online Services, you acknowledge and accept that you have read and understood these Terms and that these Terms create a legally enforceable contract between you and FYX Finance.

8. Any references to FYX Finance in these Terms will include the Website Owner and any related FYX Finance entities or authorised representatives identified on the Website.

9. If you suspect any unauthorised access or security breach of your Online Services, contact us immediately via the Contact Us link on the Website.

2. FYX Finance website pages

1. With respect of any pages that contain FYX Finance information, FYX Finance advises that it has taken all reasonable care in producing all the information contained in those website pages including but not limited to reports, tables, maps, diagrams and photographs.

2. However, FYX Finance will not be responsible for loss or damage arising from the use of this information. The contents of the website pages should not be used as a substitute for detailed investigations or analysis on any issues or questions the reader wishes to have answered.

3. You may download the information for your own personal use or inform others about our materials, but you may not reproduce or modify it without our express permission.

4. To the extent to which the website pages contain advice, it is general advice only and has been prepared by FYX Finance for individuals identified as wholesale investors for the purposes of providing a financial product or financial service, under section 761G or section 761GA of the Corporations Act 2001 (Cth).

5. The information in the website pages is not intended to be relied upon as advice to investors or potential investors and has been prepared without taking into account personal investment objectives, financial circumstances or particular needs. Recipients of this information are advised to consult their own professional advisers about legal, tax, financial or other matters relevant to the suitability of this information.

6. Any investment(s) summarised in the website pages is subject to known and unknown risks, some of which are beyond the control of FYX Finance and their directors, employees, advisers or agents. FYX Finance does not guarantee any particular rate of return or performance, nor do FYX Finance and its directors personally guarantee the repayment of capital or any particular tax treatment. Past performance is not indicative of future performance.

7. All investments carry some level of risk, and there is typically a direct relationship between risk and return. FYX Finance describes what steps it takes to mitigate risk (where possible) in the investment documentation, which must be read prior to investing. It is important to note risk cannot be mitigated completely.

8. Whilst the contents of the website pages are based on information from sources which FYX Finance considers reliable, its accuracy and completeness cannot be guaranteed. Data is not necessarily audited or independently verified. Any opinions reflect FYX Finance’s judgment at this date and are subject to change. FYX Finance has no obligation to provide revised assessments in the event of changed circumstances.

9. To the extent permitted by law, FYX Licensing Services Pty Ltd (ABN 38 684 430 966, ACL 567281), FYX Finance and their directors and employees do not accept any liability for the results of any actions taken or not taken on the basis of information in this website, or for any negligent misstatements, errors or omissions.

3. Copyright notice

2. Subject to the express provisions of these Terms:

a. all the copyrights and other intellectual property rights to the material on this Website belong to the Website Owner or our licensors;

b. the Website Owner reserves all copyright and other intellectual property rights on this Website and the materials therein;

c. the use of our logos and other trademarks, whether registered or unregistered, is prohibited, and such use may constitute an infringement of our rights;

d. this website and all works comprised in it are copyright and no part of it may in any form or by any means be modified, reproduced, stored in a retrieval system, published, broadcast, distributed or transmitted without prior written permission of FYX Finance;

e. all rights are reserved and no express or implied licence to use any part of these works is granted to any person without the express prior written consent of FYX Finance;

f. any implied licence to use any part of these works is expressly negatived; and

g. the Website Owner does not endorse and is not affiliated with any holders of any third party trademarks that appear on this Website.

4. Our privacy policy

1. By using this Website, you consent to have your personal information processed in accordance with our privacy arrangements and procedures outlined in our Privacy Policy on our Website.

2. You must not use the website unlawfully, damage it, scrape or harvest data, introduce malicious software, violate the robots.txt directives, or use data collected from the website for direct marketing.

3. You must not use data collected from our website to contact individuals, companies or other persons or entities.

4. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use of the FYX Finance website

1. Access to this Website is permitted temporarily, and the Website Owner reserves the right to withdraw or amend the Terms of your access without notice.

2. For your non-commercial, personal, or internal business use, and subject to these Terms, you may view pages, print pages, cache pages in your browser, redistribute newsletters or blogs, and stream audio and video files from this Website.

3. You must obtain our prior written permission if you would like to use, copy, or reproduce any part of the Website for any purpose.

4. Except as expressly permitted, you must not download materials, bypass access restrictions, edit or modify material, republish material, sell or sub-license material, show material in public, exploit material commercially, or redistribute material.

6. Acceptable use

1. You may link to our home page in a fair and legal way that does not damage our reputation or suggest endorsement where none exists.

2. You must not use this Website in any unlawful, illegal, fraudulent or harmful way, conduct automated data collection without consent, use bots other than for search engine indexing, or use data collected from this Website for direct marketing.

7. Use of FYX Online Services

1. The only way to access our Online Services is to register for an account by filling out and submitting the account registration form on this Website and clicking the verification link in the email the Website Owner will send you.

2. Once approved for an account you will receive your username and password (login details).

3. You must keep your login details confidential and must not allow other individuals to use your account to access the Website.

4. If you use this Website or expressly agree to these Terms in the course of a business or other organisational project, then by doing so you bind both yourself and the relevant organisation.

8. General Website and Online Services use terms

1. You consent to receiving documents and notices electronically through the Website, email, SMS, or any other means the Website Owner notifies to you.

2. You are deemed to be the author of communications and acceptances received from any person logged into your Online Services using your login details unless you can prove lack of authorisation and appropriate precautions.

3. This Website contains only general information and a general overview on topics that may be of interest to you.

4. You should always obtain legal or other professional advice appropriate to your circumstances before acting or relying on any information contained on this Website.

9. Limited warranties and liability

1. The Website Owner does not warrant the completeness or accuracy of the information published on this Website, that the material is up to date, or that the Website or any Services will remain available.

2. To the extent permitted by law, the Website and Online Services are provided on an as-is, as-available basis.

3. The Website Owner excludes liability for direct, indirect or consequential liabilities, losses, damages, costs and expenses arising in connection with the Website or Online Services, subject to any rights that cannot lawfully be excluded.

4. Nothing in these Terms limits or excludes liability for death or personal injury resulting from negligence, fraud, or any liability that may not be excluded under applicable law.

10. Third party links and services

1. This Website may contain links to other websites that are not operated by the Website Owner. The Website Owner accepts no responsibility for those linked sites or for any loss or damage that may arise from your use of them.

2. The Website Owner may use software, systems, technology, products and services supplied by third parties and, to the maximum extent permitted by law, gives no warranty in relation to those third party services.

11. Breaches, indemnity and complaints

1. If you breach these Terms, the Website Owner may send warnings, suspend or prohibit access, block devices or IP addresses, commence legal action, or suspend or delete your account.

2. You indemnify the Website Owner, its directors, officers, employees, consultants and agents from third party claims, liability, damages or costs arising from your use of this Website or your breach of these Terms.

3. Most problems can be resolved quickly and simply by talking with us via the Contact Us link on this Website. If an issue is not resolved to your satisfaction, the Website Owner will handle your complaint in accordance with its complaints handling and dispute resolution policy.

12. Law and jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with the laws in force in New South Wales, Australia.

2. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in respect of all matters arising under or in connection with these terms and conditions.

13. Assignment, severability and third party rights

1. The Website Owner may assign, transfer, sub-contract or otherwise deal with its rights and obligations under these Terms.

2. If any part of the Terms is unenforceable, the enforceability of any other part will not be affected.

3. A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

14. Entire agreement, amendments and statutory disclosures

1. These Terms, together with our privacy policy disclosed on this Website, constitute the entire agreement between you and us in relation to your use of this Website.

2. The Website Owner may revise these Terms from time to time, and amendments will be effective immediately upon notification on this Website.

3. The Website Owner recommends that you consider saving a copy of these Terms for future reference.

4. These Terms are adapted from Yard’s public Version 3 dated 19 November 2024, with FYX Finance substitutions applied.