Terms and Conditions

Please see our general terms of use, privacy policy, credit guide and warning about borrowing below.

City Finance Terms & Conditions

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General Terms & Conditions

Terms and Conditions

This website is operated by City Finance Australia Pty Ltd ACN 602 842 704 under the domain name “www.cityfinance.com.au” (“City Finance website”) and is licensed for use and operated in conjunction with the following companies:

  • City Finance Lending Pty Ltd – Australian Credit Licence: 469854

Access to and use of this website including the online application is undertaken on the following terms and conditions and any other directions or rules of use on this site (“Terms”).

If you access this site (other than to read these Terms for the first time), you agree to these Terms.

Application

If you elect to enter details into a loan application on this website you are required to input your residential address which automatically directs the domain name to the Australian Credit Licence holder that will undertake your loan application process. All information and transactional operations will be between you and that Australian Credit Licence holder, the details of which (including the companies Australian Credit Licence) will be displayed at the top of the loan application page.

Acknowledgements

  1. You warrant that the information you give us in your Application or any information supplied in this web site is complete and correct.
  2. You acknowledge that: the Services are provided solely by a third party nominated by us. Any transaction entered into by that third party on your behalf, does not create any legal responsibilities, obligations or duties on us to you.

Exclusion

  1. If our liability for a breach of a right or term implied by law (whether by statute or otherwise) is capable of limitation (but not exclusion) it is hereby limited to either of the following at the discretion of the person liable:
    1. our acting in accordance with these Terms; or
    2. any information passed to a third party in respect of you loan application
    3. any fault, error or defect in design or engineering of the Sites or any delay, fault, failure in or loss of access to the Sites or the Telephone Service; or
    4. any delay or non-performance by us resulting from matters beyond our reasonable control
    5. the resupply to you of that part of the Service in respect of which the cause of liability arose; or
    6. the payment of the cost of resupply of that part of the Service in respect of which the cause of liability arose
  1. You have certain rights implied by law, including rights set out in the Australian Securities and Investments Commission Act 1989 (Cth) and the Trade Practices Act 1974 (Cth).
  2. If our liability (or the liability of any provider of information) for a breach of a right or term implied by law (whether by statute or otherwise) is capable of exclusion, it is hereby excluded.
  3. You agree that we are not liable to you for any loss, damage, cost or expense whether direct or indirect, consequential or economic (and whether or not caused by our negligence or the negligence of any provider of information) which arises in connection with your use of the Services provided by the third party. This provision extends, without limitation, to any third party failure to carry out your instructions or for any acts or omissions of any third party in relation to the Service (including website content).
  4. Our liability for a breach of a right or term which is not implied by law shall not exceed an amount equal to the fee paid by you to us in respect of the matter to which the breach relates.
  5. Subject to any Prescribed Term, if we facilitate linkages to other websites or provide or make available (including by way of a referral service) general research, information or recommendations provided by other persons, we are not liable to you if you rely on any research, information, advice or recommendation provided by such Sites or persons.

Financial Benefit

  1. You agree and acknowledge that we may receive commissions or a financial benefit from the Service Provider in relation to your use of the Services, and from the third party and issuers of Financial Products in relation to other products and services provided to you.

Important disclaimers

  1. All information contained on this website is given in good faith and has been derived from sources believed to be accurate. However, we make no representation or warranty of any kind as to the accuracy or completeness of the information. It is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.
  2. Neither City Finance nor any third party associated with City Finance nor any of their directors, employees and associates guarantees the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and Trade Practices Act. 12.

In preparing the information contained on this website, City Finance has not taken into account your objectives, financial situation or needs.

  1. The information on this site is based on current laws and their interpretation, including taxation laws. The levels and basis of taxation may change. The application of many laws, including taxation laws, depends upon an investor’s individual circumstances. You should, therefore, consider seeking professional advice on the legal and taxation implications of investing and should not rely on the information provided, which should be used as a guide only.

Copyright

  1. Copyright in the information contained on this website is owned by City Finance. You may use this information for your own personal reference only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced and must not be distributed or transmitted to any other person or incorporated in any way into another document or other material.

Linking to City Finance’s site

  1. Unless written permission is granted by City Finance you are not entitled to link to this website. If permission is granted, your site must not contain any material that disparages City Finance or its goods and services.
  2. Your site must not contain the following: Illegal, sexually explicit, pornographic, or otherwise offensive or distasteful material Content promoting gaming, wagering or betting sites Instructions on the manufacture and/or use of illegal drugs, or other dangerous materials Material that promotes harassment, hatred or discrimination based on age, race, religion, gender, sexual preference or any other factor Defamatory, disparaging, abusive, threatening or offensive messages (whether aimed at City Finance or a third party) False or misleading information about the products and services of City Finance or a member of the City Finance Group.

No alteration

  1. You agree not to transfer, or attempt to transfer, any material, viruses or code to the City Finance site that could cause damage or harm to the site or in any way impede the security of City Finance’s site. You may not attempt to alter the City Finance site.

Disclosure

  1. By entering information into any part of this website you consent to us passing that information on including personal information to third parties, external service providers, legal personnel or to a court or tribunal.

Indemnity

  1. You agree to indemnify City Finance and keep it indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of the terms of this agreement or the passing on of information to any third party including a franchisee of City Finance.

Changes to this agreement

  1. City Finance may change the terms of this agreement and the logo at any time and solely at its discretion. If possible, City Finance will try to notify you of any such changes.

Jurisdiction

  1. These Terms are governed by the laws of Queensland and we submit to the non-exclusive jurisdiction of the Courts of Queensland.

Consent to Electronic Communication

  1. If you agree to receiving notices and transacting pursuant to the Electronic Transactions Act 2011 on this website, please be aware:
    1. that paper documents may no longer be given;
    2. electronic communications must be regularly checked for documents;
    3. and your consent to the giving or receiving of documents by electronic communication may be withdrawn at any time.

WARNING – Do you really need a loan today? It can be expensive to borrow small amounts of money and borrowing may not solve your money problems.

Check your options before you borrow:

  • For information about other options for managing bills and debts, ring 1800 007 007 from anywhere in Australia to talk to a free and independent financial counsellor.
  • Talk to your electricity, gas, phone or water provider to see if you can work out a payment plan.
  • If you are on government benefits, ask if you can receive an advance from Centrelink – Phone: 13 17 94.
  • The Government’s MoneySmart website shows you how small amount loans work and suggests other options that may help you.

This statement is an Australian Government requirement under the National Consumer Credit Protection Act 2009.

View City Finance’s Privacy Policy here.
  1. City Finance may use and exchange my customer data with other credit providers;
    By signing or consenting to this agreement, I understand that the information City Finance may exchange with other credit providers and alternate service providers (such as credit file repair services, budgeting services and rental services) includes my application information held by City Finance, my identification details, what type of loans I have, how much I have borrowed, whether or not I have met my loan payment obligations and if I have committed a serious credit infringement (for
    example, fraud). City Finance may exchange and sell my customer data to other credit providers and alternate service providers who may use my customer data for any of the purposes for which the Lender can use it. I can request that this authority be withdrawn at any time.
  2. City Finance may use and exchange my customer data with third parties
    Where permitted by law or for any of the purposes mention in clause 1, the Lender can exchange my Customer Data with third parties including:
    ● Service providers, for example credit providers, lenders, credit file repair services, budgeting services and rental services;
    ● The provider of the market for the sale or distribution of my customer data;
    ● Those to whom the Lender or any of the third parties outsources certain functions, for example direct marketing, statement production, debt recovery and information technology support;
    ● Government and law enforcement agencies or regulators;
    ● Credit reporting bodies and credit providers.
  3. Anti-Hawking
    I understand that as a result of clauses 1 and 2 and any agreement I give in that respect, I may be offered a financial product from another lender based on their  credit assessment of my application it may not be the exact same type or amount I applied for.

City Finance Lending Pty Ltd
ACN 602 842 839
(hereinafter referred to as “City Finance”, “we” or “us”)
ACL NUMBER: 469854

Under the National Consumer Credit Protection Act 2010 (“the Act”), there are certain obligations that we are required to undertake when we provide you with Credit Assistance by taking a preliminary assessment. The primary obligation is that we are required to assess whether the provision of credit is unsuitable having regard to your financial circumstances as well as looking at your requirements and objectives for seeking credit. We do this by undertaking a written credit assessment.

RESPONSIBLE LENDING SUITABILITY ASSESSMENT

Pursuant to s133 of the Act, we are prohibited from granting credit if at the time of granting the loan or credit increase:

1. You would be unable to comply with your financial obligations under the contract or could only comply with substantial hardship;

2. The loan does not meet your requirements or objectives.

3. If the loan you are applying for is a Small Amount Credit Contract and you have been a debtor under two or more Small Amount Credit Contracts, that have been in existence at any time during the previous 90 days prior to your loan application, and/or you have a Small Amount Credit Contract that is in default on the loan application day, unless the legislated presumptions of substantial hardship can be rebutted with appropriate proof to the contrary.

4. We have reason to believe that, when applying for the loan, information you provided concerning your financial situation and/or your requirements and objectives was untrue.

CREDIT ASSESSMENT

You can request a copy of the written credit assessment which we will supply to you at no charge:

· prior entering into the credit contract or before the credit limit is increased, if you request it;

· if you make a request within 2 years of entering into the credit contract or the credit limit being increased, we will provide a copy within 7 days;

· if a request is made after two years from entering into the credit contract or the credit limit being increased, we will provide a copy within 21 days.

We are not obliged to give you a copy of the written credit assessment if:

· the request is made more than 7 years after entering the credit contract or the credit limit being increased; or

· if the credit contract is not entered or the credit limit is not increased.

Enquiries, Concern And Resolution Of Complaints

What to do if you have any concerns

Step 1: We encourage you to discuss the matter with one of our friendly staff members that you dealt with when being granted the loan.

Step 2: If you are dissatisfied with our response, you may refer your dispute to the internal dispute resolution process of City Finance, where our designated Compliance Manager will review the decision.

You may contact the Compliance Manager by writing to the following address:

Local office:

Compliance Manager

City Finance Suite 134, 7 Clunies Ross Ct Eight Mile Plains QLD 4113 Phone: 07 3458 9200 By Email: [email protected]

We will endeavour to notify you of the outcome of their decision within 21 business days of City Finance receiving your request.

Step 3: If you do not agree with the decision, you may apply to our External Dispute Resolution service which is aimed at resolving disputes between credit providers and customers.

Our EDR provider is Australian Financial Complaints Authority (AFCA)

· Internet: https://www.afca.org.au/

· Phone: 1800 931 678

· Fax: (03) 9613 6399

· Email: [email protected]

· Mail: Australian Financial Complaints Authority Limited GPO Box 3 Melbourne VIC 3001