Website Terms of Use

2. General information and product availability

2.1 The Website is directed to persons in Australia seeking information about our agricultural and business finance products and services. Its content is general information only and is not financial product advice, legal advice, tax advice or a recommendation to enter into a particular transaction.

2.2 The information is general in nature and does not take into account your objectives, financial situation or needs. Before making a decision, consider whether the relevant product or service is appropriate for you and obtain independent professional advice where appropriate.

2.3 Nothing on the Website is an offer or commitment to provide finance or a guarantee that a product or service is suitable or available to you. Finance is subject to application, eligibility criteria, credit assessment and approval, and the separate terms and disclosures applicable to the transaction.

2.4 Rates, fees, examples and calculations are indicative unless expressly stated otherwise. Any assumptions and qualifications accompanying them form part of the information provided. Your actual terms will be set out in the offer and agreement we provide to you.

2.5 References to other Oxbury group entities do not mean that those entities provide the products described on this Website or guarantee our obligations. The relevant provider and any guarantee will be identified in the applicable transaction documents.

3. Use of the Website

3.1 You must use the Website lawfully and in accordance with these Terms.

3.2 You must not, or attempt to:

a. use the Website for unlawful or fraudulent purposes or infringe another person’s rights;
b. interfere with the operation or security of the Website, our systems or connected networks;
c. introduce or transmit a virus, malicious software or other harmful or disruptive code or material (Harmful Code);
d. use automated tools to access, copy or extract Website content without our written permission, except to the extent permitted by law or, for public search engines, in accordance with our published technical instructions;
e. gain unauthorised access to any part of the Website, user account, system or network; or
f. damage, disable, overburden or impair the Website or our systems.

3.3 You are responsible for ensuring that your own systems and devices used to access the Website are protected from Harmful Code.

4. Intellectual Property

4.1 Unless otherwise stated, we (or our licensors) own the intellectual property rights in the Website and its text, data, graphics, logos, trade marks, video, audio and other materials (Content).

4.2 You may view, download and print reasonable extracts of Content for your personal or internal business use only, provided you retain copyright and other proprietary notices.

4.3 You must not, without our prior written consent (and, where applicable, the consent of our licensors):
a. copy, reproduce, adapt, modify, translate, publish, distribute, transmit, display, perform or create derivative works from any part of the Website or Content;
b. use any trade mark, logo or other brand feature appearing on the Website; or
c. remove, obscure or alter any proprietary notices on the Website or Content.

4.4 Nothing on the Website grants you any licence or right in or to the Website or Content, except as expressly set out in these Terms.

5. Privacy and cookies

5.1 We collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and other applicable privacy and credit reporting requirements.

5.2 Our Australian Privacy Policy, available through the Privacy Policy link on the Website or on request, explains our information handling practices. It covers the information we collect, the purposes of collection, disclosures to service providers, group entities and other recipients, overseas disclosures, credit reporting, access and correction rights, and privacy complaints. Please read it together with any collection notice or privacy declaration provided for your enquiry or application.

5.3 We may collect information you submit through enquiries and applications, and technical and usage information such as your IP address, browser details and pages visited. We use cookies and similar technologies for Website functionality, usage analysis and advertising measurement as described in our Privacy Policy. Where information identifies you or can reasonably identify you, we treat it as personal information. Activity within a signed-in account may be associated with that account.

5.4 You can manage cookies through your browser settings and any privacy controls offered on the Website. Disabling cookies may affect Website functionality. Where consent is required by law for a particular technology or information handling activity, we will obtain it separately.

5.5 Using the Website or accepting these Terms does not, by itself, constitute consent to direct marketing, credit reporting, electronic identity verification or overseas disclosure where specific consent is required by law. We will provide relevant collection notices and seek any required consent through the applicable process. These Terms do not waive your privacy rights or authorise us to handle information contrary to law.

5.6 We send commercial electronic marketing messages only with consent as required by the Spam Act 2003 (Cth). Such messages will identify us and provide a functional unsubscribe facility. You can also contact us to opt out of direct marketing. Website use alone does not subscribe you to marketing.

6. Third party websites and content

6.1 The Website may contain links to websites or resources operated by third parties. Unless expressly stated otherwise, links are provided for convenience and are not an endorsement of those third parties or their products or services.

6.2 We do not control third party websites or their content, security or availability. Their terms and privacy policies apply when you access them. Any limitation of our responsibility remains subject to clauses 8 and 9.

7. Accuracy and availability

7.1 We take reasonable care in preparing and maintaining the Website. However, information may change and, subject to clause 8, we do not promise that the Website or Content will always be complete, accurate, current, uninterrupted or free from errors or Harmful Code.

7.2 We may change, restrict or suspend all or part of the Website where reasonably necessary for maintenance, security, compliance with law or operational reasons. We may also discontinue Website features for legitimate business reasons. Where practicable, we will give reasonable advance notice of a material interruption or discontinuation.

7.3 A Website change or interruption does not change your rights under a separate agreement with us. If it prevents access to a service you need to use under such an agreement, please contact us to discuss an alternative way to access that service.

8. Your statutory rights

8.1 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right, remedy or liability that cannot lawfully be excluded, restricted or modified. This includes protections under the Australian Securities and Investments Commission Act 2001 (Cth), the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), and applicable State or Territory laws, to the extent each applies.

8.2 Subject to clause 8.1, the Website and Content are provided without any additional contractual warranty of uninterrupted availability, suitability for your particular purposes or freedom from Harmful Code.

8.3 Clauses 6 to 12 must be read subject to clause 8.1. These Terms do not exclude liability for misleading or deceptive conduct or any other liability to the extent the law prohibits its exclusion.

9. Liability

9.1 Subject to clause 8, we are not liable for loss arising from Website use to the extent it is caused by your unlawful use or material breach of these Terms, or by events outside our reasonable control that we could not reasonably have prevented or mitigated.

9.2 Subject to clause 8, neither party is liable to the other under these Terms for loss that was not reasonably foreseeable as a result of the relevant breach or conduct. This exclusion does not apply to fraud or wilful misconduct.

9.3 Nothing in these Terms excludes or limits our liability for our negligence, fraud or wilful misconduct, or for a breach of our obligations under privacy law. We do not impose a monetary cap on liability that cannot lawfully be limited.

9.4 Each party must take reasonable steps to mitigate any loss for which it seeks compensation. These Terms do not govern liability under a separate agreement with us.

10. Responsibility for deliberate misuse

10.1 You must compensate us for reasonable, documented direct loss, including reasonable external legal costs, to the extent caused by your fraudulent or deliberately unlawful use of the Website, or your deliberate introduction of Harmful Code. This does not extend to an accidental or innocent breach.

10.2 You are not responsible under clause 10.1 to the extent the loss is caused or contributed to by our negligence, fraud, wilful misconduct or breach of these Terms or applicable law, or that of our personnel. We must take reasonable steps to mitigate loss and cannot recover the same loss more than once. This clause remains subject to clauses 8 and 9.

11. Security

11.1 We take reasonable steps to maintain Website security and protect personal information in accordance with applicable law. However, internet communications cannot be guaranteed to be secure at all times.

11.2 If you have account credentials, keep them confidential and take reasonable steps to prevent unauthorised access. Notify us promptly through the contact details on the Website if you suspect a security breach or unauthorised use. This clause does not make you automatically liable for activity that you did not authorise.

12. Suspension and termination

12.1 We may restrict or suspend your Website access where we reasonably believe it is necessary to address a material breach of these Terms, unlawful activity or a security risk, or to comply with law. Any restriction will be proportionate to the circumstances. We may terminate access for a serious or repeated material breach.

12.2 Where practicable and appropriate, we will explain the reason and give you a reasonable opportunity to remedy a breach before suspending or terminating access. We may act immediately where reasonably necessary to prevent harm or comply with law.

12.3 Suspending or terminating Website access does not itself terminate a separate agreement with us. Accrued rights and obligations, and provisions intended by their nature to continue, including clauses 4 and 8 to 10, survive termination.

13. Governing law and jurisdiction

13.1 These Terms and disputes concerning them or the Website are governed by the laws of New South Wales, Australia.

13.2 You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them. Nothing in this clause prevents you from exercising a mandatory right to bring proceedings in another competent court or tribunal.

14. Severability

14.1 If a provision is unlawful, invalid or unenforceable, it is severed to the extent necessary and the remaining provisions continue to operate to the extent they can do so lawfully.