IMPORTANT – These terms and conditions (these “Terms”) form a legal agreement between you and Ready Capital Pty Ltd (trading as ‘Ready Capital’) (ABN 58 661 533 517) (“we”, “our” or “us”), regarding your use of the online real estate finance brokerage services (the “Services”) made available by us at www.readycapital.com.au (the “Website”).

1. General
   • Governing terms – Your use of the Website and the Services is governed by our Privacy Policy, available at readycapital.com.au/privacy-policy/ (“Privacy Policy”) and these Terms (as amended from time to time). To the extent of any inconsistency between any part of these Terms and our Privacy Policy, these Terms will prevail.
   • Binding – By accessing or using the Website you agree to be bound by these Terms and our Privacy Policy. You should therefore read these Terms carefully. If you do not agree with these Terms, you are not entitled to use the Website and you must not use or access the Website.
   • Personal Information – By providing to us your personal information (within the meaning of the Privacy Act 1988 (Cth), “Personal Information”), you agree that we may use and disclose it in accordance with these Terms and our Privacy Policy. If you do not agree to this, you must not provide your Personal Information, and you should stop using the Website (and any Services) immediately.
   • Changes – We reserve the right to update the Website and change these Terms from time to time, at our discretion. Any amended Terms will apply to your use of the Website and the Services from the date on which we publish them and make them available on the Website. It is your responsibility to review our Website regularly and make sure you keep up to date with any updates or changes to the Terms.
   • Acceptance – Your continued use of the Website following the publishing of any updated version of these Terms means that you accept and agree to the updated version.
     
     
2. What we do
   • Real estate – We offer the Services to Australian residents in connection with the acquisition and/or development of real estate in Australia.
   • Website – The Website enables users to:
     • enquiries – submit enquiries online for the provision of Services (“User Enquiries”); and
     • information – upload supporting information relevant to a User Enquiry (“Supporting Information”), which may include:
       • personal – your Personal Information;
       • property – details of the property to which the User Enquiry relates, including any key dates associated with the enquiry (for example, the settlement date under a contract of sale);
       • corporate – where the proposed borrower is a corporate entity, details of that entity, including its officers, shareholders and related entities and corporate structure (if applicable);
       • financial – details of the financial position of the proposed borrower, including supporting documentation to substantiate the position;
       • access rights – details of any third party possession, control and/or access rights to the property, including under a lease agreement; and/or
       • regulatory – details of any regulatory decisions or determinations affecting the property, including in respect of any planning and/or environmental matters.
         
         

3. How we do it
   • Assessment – Subject to receiving a User Enquiry (and any Supporting Information), we may assess the enquiry to determine whether:
     • suitability – our Services are suitable for the relevant User Enquiry; and
     • further information – any additional Supporting Information is required to assist us in assessing the User Enquiry.
   • Additional information – If we determine that any additional Supporting Information is required in connection with a User Enquiry, we will contact you by telephone and/or email to confirm the type of information required.
   • Limited – Please note that our assessment will be limited to the information which you provide to us in connection with your User Enquiry (including any Supporting Information). We will not seek to verify or otherwise validate the information, data or materials which you provide to us (including obtaining a credit score from a credit reporting body).
   • Decision – Following an assessment of a User Enquiry, including any additional Supporting Information we have requested, we may decide that:
     • can – we are able to provide our Services to you; or
     • cannot – we are not able to provide our Services to you.
       
       

Any decision we make with regard to the provision of our Services is at our discretion.

• Authority – You acknowledge and agree that by submitting a User Enquiry, you authorise us to provide the Services to you with effect from the date of the User Enquiry, including making enquiries in relation to obtaining finance from, and sharing your Supporting Information with, third party financiers (“Financiers”), without obtaining any further consent from you or otherwise notifying you of our actions.
  
  

4. Engagement for Services
   • Engagement Letter – Where we decide that we are able to provide you with Services then, before providing the Services, we may choose to issue you with our engagement letter (“Engagement Letter”) detailing the scope of our Services to be provided in connection with your User Enquiry, including any fees payable by you to us for the provision of the Services (otherwise, we will not charge any fees to you). To avoid doubt, any fees specified in our engagement letter relate to our performance of the Services only and are separate to any amounts which we may be eligible to receive in accordance with clause 3(e).
   • Requirements – Where we choose to issue you an Engagement Letter, we cannot provide Services to you until such time as:
     • signed – we have received a copy of the Engagement Letter signed by you and otherwise in a form acceptable to us; and
     • Application Fee – where our Engagement Letter specifies that fees are payable by you to us in connection with the Services (“Application Fee”) then, we have received payment of the Application Fee in full.
   • Non-payment – If the Application Fee is not paid within five (5) business days after the date of the Engagement Letter, then we may choose not to provide the Services to you, without any further notice to you.
   • Non-refundable – The Application Fee is non-refundable, including where you choose to submit a Cancellation Request in accordance with paragraph 6.
     
     
5. Services
   • Finance Requests – Subject to paragraph 4, we may pass on the details of your User Enquiry and Supporting Information to Financiers (a “Finance Request”). We will take reasonable steps to ensure that any information provided to a Financier in connection with a Finance Request is done so on a confidential basis.
   • Confirmation – You may request us to provide details of any Finance Request made on your behalf. Where you are unable to satisfy us that you are the party named in the User Enquiry then we may reject your request at our discretion. We are not otherwise required to confirm, or otherwise provide details, to you in respect of any Finance Request.
   • Acknowledgements – You acknowledge and agree that:
     • instructions – any Finance Request is submitted on your behalf following a User Enquiry only, and is not intended to be a recommendation or endorsement of a Financier made by us to you;
     • suitability – we make no representation or warranty as to whether a Financier is suitable for your needs (and we recommend that you obtain independent advice to satisfy yourself as to whether a Financier is appropriate for your needs);
     • finance – a Finance Request does not guarantee that you will obtain any amount of finance from a Financier, and it is at the sole decision of the relevant Financier as to whether or not it wishes to pursue or otherwise engage with you in connection with a Finance Request;
     • dealings – if you choose to have dealings with a Financier, then such dealings are solely between you and that Financier, and you further acknowledge and agree that we do not have any responsibility or liability to you for any loss or damage which you may incur or suffer as a result of such dealings; and
     • payments – where you choose to have dealings with a Financier, we may be eligible to receive a fee or payment from the Financier in connection with those dealings.
       
       

6. Cancellation and Ending
   • Cancellation Requests
     • Requests – You may choose to cancel a User Enquiry at any time, by giving written notice to us at enquiries@readycapital.com.au (“Cancellation Request”).
     • Notification by us – Upon receipt of a Cancellation Request, we will notify each Financier to which we have issued a Finance Request (if applicable), informing it that you no longer wish to pursue the request.
     • Notification by you – To avoid doubt, if you have engaged with or otherwise received any communication from a Financier, it is your obligation to notify that Financier directly that you no longer wish to engage their services.
   • Breaches – If you breach these Terms, we may immediately end our Engagement Letter (if applicable) and stop providing Services to you.
   • Rights – Our rights under paragraph 2 will not prejudice any other rights or remedies that we may have in respect of any breach of these Terms.
     
     
7. Intellectual Property Rights
   • Definition – For the purposes of this paragraph 7, “Intellectual Property Rights” means all intellectual property rights and industrial property rights in respect of copyright, patents, registered and unregistered design rights, trade marks and service marks, and applications for any of the same, together with all trade secrets, know-how, rights to confidentiality and other analogous rights, whether conferred by statue, common law or equity.
   • Ownership – We (or our licensors or related bodies corporate (as defined in the Corporations Act 2001 (Cth)) own all Intellectual Property Rights in the Website (whether in its original form or as modified, updated or upgraded from time to time), and all components of the Website, including any information, photos, text, or other material transmitted, communicated or otherwise provided by us.
   • Acknowledgement – You acknowledge that by submitting a User Enquiry, and otherwise engaging us to provide Services to you, you will not obtain any ownership of any Intellectual Property Rights whatsoever in the Website.
   • Use – The Website may display our trade marks, logos, service names and trade names, or those belonging to third parties, which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names and trade names appearing on the Website without our prior written consent (which we may grant or withhold in our discretion).
   • Prohibitions – Unless authorised by us in writing or expressly permitted by these Terms or by law, you must not:
     • interest – make any claim of interest in the Website;
     • dealing – distribute, transfer, purport to sell, licence, rent, lease, loan or share the whole or any part of the Website;
     • translation – translate the Website into any language;
     • deconstruction – reverse engineer, disassemble, decompile or copy the whole or any part of the Website;
     • change – modify the whole or any part of the Website or combine or incorporate the whole or any part of the Website in any other program or system; or
     • reduction – otherwise reduce the Website or any part of the Website to human readable format.
   • Confidentiality – You acknowledge that the ideas and expressions contained in the Website, including any modifications or particulars of the Website, or otherwise provided to you in connection with the Services, are confidential (except to the extent that they have entered the public domain, other than through a breach of these Terms by you).
   • Undertakings – You undertake:
     • confidentiality – to keep confidential, and not to disclose, the confidential information in the Website or the Services to any person, other than is necessary to enable the Website and/or the Services to be used in accordance with and for the purposes of these Terms, and to ensure that any such persons maintain that confidentiality; and
     • notices – not to remove, delete or obscure any copyright notices or confidentiality notices on or in the Website or otherwise included as part of the Services.
   • Use – You acknowledge and agree that you will comply with all applicable laws regarding use of the Website and you will not use the Website for any illegal, unauthorised or dangerous purpose, including to send or assist any other person to send unsolicited commercial email.
8. Third Party Information
   • Use / responsibility – Your access and use of any third party marketing materials or information content (“Third Party Content”) made available to you though the Website or otherwise in connection with the Services is at your own discretion and risk. We are not responsible for any Third Party Content and have no control over, or rights in, any Third Party Content (unless expressly stated otherwise). We do not endorse, or provide any recommendations, in relation to any Third Party Content in any way.
   • Dealings – If you choose to have any personal, professional or business dealings with any third party with respect to Third Party Content, you acknowledge and agree that such dealings are solely between you and the third party and you further acknowledge and agree that we do not have any responsibility or liability for any loss or damage you may incur or suffer as a result of such dealings.
     
     
9. Personal Information, Privacy and Data
   • Collection– We may need to collect Personal Information about you to assist us to:
     • Services – provide you with the Services;
     • aggregation – use de-identified and anonymised Personal Information to provide industry aggregated information to third parties for product differentiation;
     • improvement – enable us to continuously improve and further develop the Website and the Services; and
     • business – otherwise conduct our business functions and activities in the ways set out in our Privacy Policy.
   • Use – Where you submit enquiries through the Website (including any User Enquiry) that include your Personal Information, we will collect, handle, process and store any such Personal Information in accordance with our Privacy Policy.
   • Other communications – You acknowledge that where you have opted in to receive notifications from us, we may contact you from time to time in relation to other products and services offered by us or our business partners, and you authorise us to contact you by email, text message and other electronic media (as applicable), unless you unsubscribe or explicitly request us not to contact you by one of these media.
   • Data – We also collect data, which data may include de-identified and anonymised Personal Information, about the Website, its performance and about the Services which are showcased on our Website, for the purpose of improving the Website and tracking market trends and analytics. We may use such de-identified data analytics and share the results with third parties in the Website, the media or reports we create.
   • Privacy Policy – Our Privacy Policy contains information about how you may access and seek correction of your Personal Information, how you may complain about a breach of your privacy, and how we will deal with that complaint.
   • Back-ups – You acknowledge that you are solely responsible for creating an independent offline backup of any of the input and output data processed by the Website. You acknowledge that at the end of our interaction for any reason, we may not retain your input or output data processed by the Website and this may be permanently deleted.
     
     
10. Acknowledgments and Warranties
    • Warranties – You warrant that:
      • information – any information, documents or other materials which you provide to us in connection with a User Enquiry are legally yours to provide (unless you indicate to us otherwise) and are accurate, correct and true;
      • no reliance – you have not relied on any representation, description, illustration or specification made by us which is not expressly stated in these Terms; and
      • support – you may make a request at any time for support in connection with your use of the Website, by contacting us at enquiries@readycapital.com.au (“Support Request”). Any support which we choose to provide to you in connection with a Support Request is at our discretion.
    • No warranty – We do not and cannot warrant that the Website will be error-free or will operate without interruption.
    • Performance – The Website is (and any Services made available through the Website are) provided ‘as is’ and without warranty as to the performance or results you may obtain. You assume the entire risk as to the results and performance of the Website. You acknowledge that a failure of any part or the whole of the Website to suit your requirements will not give rise to any right or claim by you against us.
    • No responsibility – We will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications services. We take no responsibility for errors or failures caused by your environment, network connections, computer systems, software or any acts or omissions of a third party which acts as a service provider or carrier to offer access to the Website to you.
    • No liability – We accept no liability for any error or discrepancy in any of the information which you provide to us, including in connection with a User Enquiry, or for any inaccurate, incorrect or misleading representations and/or information made available to you through the Website.
    • Exclusion – Except for the warranties expressly set out in these Terms, and to the extent permitted by applicable law, we disclaim all other warranties and conditions, whether express, implied or statutory, including any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, with regard to the Website, and the provision of or failure to provide support or other services, information, software and related content through the Website, or otherwise arising out of the use of the Website, subject at all times to your rights under the Australian Consumer Law.
    • Exception – Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in this paragraph 7 is limited to the remedies required of us under any applicable law.
      
      
11. Limitation of Liability
    • Website – Unless these Terms expressly provide otherwise, to the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Website are negated and excluded, and we give no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the Website or our provision of the Services.
    • Further loss – We will not be liable for any indirect, incidental, consequential loss or damage whatsoever, in each case arising out of the use of or inability to use the Website or otherwise in our delivery of the Services to you, even if we have been informed of the possibility of such loss or damage. We will not be liable for any inability to access the Website, loss of or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect).
    • Limit – Our liability to you for any proven loss or damage suffered by you or for any other proven loss and damage is limited to the remedies required of us under any applicable law.
      
      
12. Indemnity
    • Indemnity – You agree to indemnify us and keep us indemnified in respect of all loss, damage, liabilities, costs, fines, penalties and expenses (including legal fees on a full indemnity basis) suffered or incurred by us, however arising, whether under statute, at common law or in equity, as a result of or in connection with any of the following:
      • breach – any breach of these Terms by you;
      • use – the use of the Website, including any Services we provide to you; and
      • communications – your communications with
    • Assistance – You agree to cooperate, and provide us, with reasonable assistance in conducting the defence of any claim, action or proceeding in connection with the indemnity given in paragraph 1.
      
      
13. General
    • Entire agreement – These Terms represents the entire agreement between you and us concerning your use of the Website and engagement of our Services, and they supersede any prior agreement, proposal, representation or understanding between the you and us, including any prior versions of these Terms.
    • Severance – Should any provision or part of these Terms be found to be void, unenforceable or invalid, then it is severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
    • Waiver – You may not rely on our words or conduct as a waiver of any right, unless the waiver is in writing.
    • Law / jurisdiction – The law applicable to these Terms and to disputes arising out of these Terms is the law of the State of Victoria, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of and in Victoria, Australia, and any courts of appeal from them, in respect of all matters arising out of or relating to these Terms.