Terms & Conditions
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:
- Buy Well Finance Pty Ltd – Australian Credit Licence: 411995
- City Finance Lending Pty Ltd – Australian Credit Licence: 469854
- Future Marketing Pty. Ltd. – Australian Credit Licence: 413033
- Imisides Pty Ltd – Australian Credit Licence: 389420
- Razorbay Pty Ltd – Australian Credit Licence: 411014
- Review Finance Pty Ltd – Australian Credit Licence: 455428
- Shimco Pty Ltd – Australian Credit Licence: 467320
- Shimtec Pty Ltd – Australian Credit Licence: 390591
- Sparen Pty Ltd – Australian Credit Licence: 388649
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.
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.
- You warrant that the information you give us in your Application or any information supplied in this web site is complete and correct.
- 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.
- 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:
- our acting in accordance with these Terms; or
- any information passed to a third party in respect of you loan application
- 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
- any delay or non-performance by us resulting from matters beyond our reasonable control
- the resupply to you of that part of the Service in respect of which the cause of liability arose; or
- the payment of the cost of resupply of that part of the Service in respect of which the cause of liability arose
- 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).
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- If you agree to receiving notices and transacting pursuant to the Electronic Transactions Act 2011 on this website, please be aware:
- that paper documents may no longer be given;
- electronic communications must be regularly checked for documents;
- and your consent to the giving or receiving of documents by electronic communication may be withdrawn at any time.
Warning about borrowing
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.
AUSTRALIAN PRIVACY PRINCIPLE 1—OPEN AND TRANSPARENT MANAGEMENT OF PERSONAL INFORMATION.
- the kinds of personal information that City Finance collects and holds;
- how City Finance collects and holds personal information;
- the purposes for which City Finance collects holds, uses and discloses personal information;
- how an individual may access personal information about the individual that is held by City Finance, and seek the correction of such information;
- how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint; and
- whether City Finance is likely to disclose personal information to overseas recipients.
- Buywell Finance Pty Ltd – Australian Credit Licence 411995
- City Finance Lending Pty Ltd – Australian Credit Licence 469854
- Future Marketing Pty Ltd – Australian Credit Licence 413033
- Imisides Pty Ltd – Australian Credit Licence 389420
- Razorbay Pty Ltd – Australian Credit Licence 411014
- Review Finance Pty Ltd – Australian Credit Licence 455428
- Shimco Pty Ltd – Australian Credit Licence 467320
- Shimtec Pty Ltd – Australian Credit Licence 390591
- Sparen Pty Ltd – Australian Credit Licence 388649
AUSTRALIAN PRIVACY PRINCIPLE 2 — ANONYMITY AND PSEUDONYMITY
You can deal with City Finance anonymously where it is lawful and reasonably practicable to do so. For example, if you inquire about our loan interest rates or fees and charges on a particular product you do not need to provide your personal details.
AUSTRALIAN PRIVACY PRINCIPLE 3 — COLLECTION OF SOLICITED PERSONAL INFORMATION
City Finance may collect personal information from you in the course of your website visit or attendance at a branch or by telephone, facsimile or email, due either to the necessity and/or directly related to the loan that you have obtained, are interested in or formally applying for. The collection of information will be undertaken lawfully and fairly.
Generally, the information that City Finance collects about you is dependent on how you use the facilities offered by City Finance.
The primary purpose for which we collect personal information, is to either refer your enquiry or enable an assessment to be undertaken for the purposes of providing credit, and otherwise, to provide you with the best service experience possible.
The information collected may include your name, postal or email address, date of birth, financial details, tax file number, health information or other information City Finance considers necessary.
We will, if it is reasonable or practicable to do so, collect your personal information from you directly. This may happen when you fill out a product or service application or an administrative form (e.g. a change of address form) or when you give us personal information over the telephone or counter or email, or through a City Finance website.
In some instances we collect your personal information from third parties, again, only if it is reasonable or necessary. For example, we may need to collect personal information from a credit reporting agency, your representative (such as a legal adviser), your financial adviser, your employer or publicly available sources of information or any of the other organisations identified below under “Using and Disclosing Your Personal Information”.
If you visit an unsecure area of the City Finance website (that is, an area where you are not required to log on) to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our systems will not record any personally identifiable information within these areas, and after a reasonable period of time that information will be destroyed.
AUSTRALIAN PRIVACY PRINCIPLE 4 — DEALING WITH UNSOLICITED PERSONAL INFORMATION
Any unsolicited information of a private nature, however received by City Finance, will be subjected to a determination of whether that information is or has been obtained by consent and if not it will be destroyed or de-identified.
AUSTRALIAN PRIVACY PRINCIPLE 5—NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION
AUSTRALIAN PRIVACY PRINCIPLE 6—USE OR DISCLOSURE OF PERSONAL INFORMATION
City Finance customarily disclose personal information between City Finance Franchisees and the City Finance Franchisor for the purposes of conducting your loan application, loan monitoring, referral reasons and marketing activities. We will only disclose personal information to an unrelated third party with your consent or pursuant to our obligations under the Anti-Money Laundering and Counter-Terrorism Financing legislation, or as required or authorised by law. Where your personal information is disclosed, we will seek to ensure that the information is held, used or disclosed consistently with the National Privacy Principles, State legislation and other applicable privacy laws and codes.
City Finance may use your personal information and other data provided to us to assess and process your application for our credit product(s) and assist you in obtaining a loan. City Finance may also use your personal information and other data to enhance your experience on its websites, and subject to your consent to transmit marketing communications.
We may also use your personal information and other data for such purposes as processing payments, updating our account records, arranging for your repayments, conducting statistical analysis or feedback purposes.
By completing a City Finance online application, telephone application, face to face application you will be consenting to City Finance contacting Equifax Inc and/or illion (Australia) (credit reporting bodies) (contact details below) to confirm your credit status. If you obtain a loan from City Finance, credit information and default listings including a serious credit infringement listing may be passed to the credit reporting body.
The credit reporting body has a credit reporting policy about how they handle your information. You can obtain a copy of their policy at their website.
- Veda Advantage credit reporting policy is set out at https://www.equifax.com.au/privacy
- Phone: 13 83 32
- Mail: Equifax Public Access Division GPO Box 964 North Sydney NSW 2059
Dun and Bradstreet (Australia) Pty Ltd
- Dun & Bradstreet credit reporting policy is set out at http://www.illion.com.au/privacy-policy/
- Phone: 13 23 33
- Mail: illion PO Box 7405 St Kilda, Melbourne Vic 3004
We may also use or disclose the personal information for the following purposes:
- To enable us to discharge our statutory obligations;
- To enable us to discharge our contractual obligations when providing services to third parties;
- To enable the resolution of a concern or complaint such as to a mediator or lawyer; and
- To provide services.
Contracts we enter into with other parties for the provision of services may require us to disclose your Personal Information to them. In those cases, our contracts require other parties providing services to us to observe the terms of this Privacy Statement.
These parties are as follows:
- third party suppliers, loyalty and affinity program partners, printers, posting services, call centres, and our professional advisers.
- your financial advisers and their service providers, subject to your direct consent.
- management advisors and contractors engaged to update our systems.
- upon the occurrence of a sale of all or part of the assets or business of City Finance to a purchaser.
- entitles engaged to deal in the payments system including financial institutions, merchants and payment organisations.
- credit and fraud reporting agencies, debt collection agencies, mortgage insurance companies, your guarantors.
- Information may be provided to a credit reporting body in relation to consumer credit if there is a failure to meet their payment obligations in relation to consumer credit or commits a serious credit infringement.
- The credit reporting body that City Finance provides information may use that information to assess the individuals credit worthiness.
- City Finance will not provide to a credit reporting body information about a payment that this overdue in relation to consumer credit, where the amount of the overdue payment is less than $150.00.
- City Finance must issue to you the following information/notices under law prior to reporting a default to a credit reporting body:
- Section 88 notice under the National Consumer Credit Protection Act 2011;
- a written notice has been given to the customer under section 6Q of the Privacy
Amendment (Enhancing Privacy Protection) Bill 2012 (this notice is usually incorporated in the section 88 notice). The amount that is overdue can then be reported to a CRB, but only once that amount is 63 days overdue and subject to a section 21D notice being sent as set out below;
- a section 21D notice (when the payment remains overdue, and prior to disclosing
default information) and which specifies the amount recorded in the section 6Q notice (less any payments made) is now 60 days overdue. This notice is provided 14 days prior to the listing of the default information:
- In general a default listing will not occur until 97 days after a default has occurred and the amount owing has been accelerated.
- A serious credit infringement may be listed after 6 months.
Further information about credit reporting may be found at the Commonwealth Governments OACI site and in particular the Credit Reporting Privacy Code which informs and forms part of this policy:
City Finance does no use credit related information from a Credit Reporting Body for the purposes of direct marketing.
Cookies for Internet Website Services
We generally use “cookies” as a fundamental part of our interaction with your Internet browser from any City Finance website. The purpose is to provide you with better and more customised service and with a more effective website.
A “cookie” is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.
- to allocate an City Finance identification number to your Internet browser (but we cannot identify you from this number);
- to determine if you have previously visited the City Finance website;
- to identify pages you have accessed and Third Party websites you have accessed; and
- for security purposes.
Most of the City Finance website operates by using this type of cookie. Accordingly, if you wish to make full use of the City Finance website, it is required that you accept cookies.
AUSTRALIAN PRIVACY PRINCIPLE 7—DIRECT MARKETING
We may use or disclose your personal information to let you know about, and develop, products and services from City Finance that might better serve your financial, needs or promotions or other opportunities in which you may be interested. For example, we may do this after an initial marketing contact. You can contact us at any time if you no longer wish us to do so (see the Contacting Us section for more information).
AUSTRALIAN PRIVACY PRINCIPLE 8 — CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION
Because we operate throughout Australia, some of these uses and disclosures may occur outside your State or Territory, accordingly in some circumstances we may require further consents. We do not operate outside of Australia.
AUSTRALIAN PRIVACY PRINCIPLE 9 — ADOPTION, USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS
Although in certain circumstances we are required to collect government identifiers such as your tax file number, Medicare number or pension card number, we do not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.
AUSTRALIAN PRIVACY PRINCIPLE 10 — QUALITY OF PERSONAL INFORMATION
City Finance will take steps as are reasonable in the circumstances to ensure that the personal information that the entity collects, uses or discloses is accurate, up-to-date and complete and relevant.
AUSTRALIAN PRIVACY PRINCIPLE 11 — SECURITY OF PERSONAL INFORMATION
City Finance stores information in various ways, usually either in paper and electronic form. The security of your personal information is paramount and we endeavour to take all reasonable steps to protect it from misuse and loss and unauthorised access, modification or disclosure.
We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.
City Finance regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Accordingly, although City Finance strives to protect such information, City Finance cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.
How we Handle Email
We will preserve the content of any e-mail that you send us, if we believe that we have a legal requirement to do so. Your e-mail message content may be monitored by our
City Finance employees for security issues including where e-mail abuse is suspected; our response to you may be monitored for quality assurance issues.
AUSTRALIAN PRIVACY PRINCIPLE 12 — ACCESS TO PERSONAL INFORMATION
City Finance allows, and is obligated at law in certain instances, to grant access to your personal information upon request. However, this is subject to various exceptions allowed by law such as:
- access would pose a serious threat to the life or health of any individual;
- access would have an unreasonable impact on the privacy of others;
- a frivolous or vexatious request;
- the information relates to a commercially sensitive decision making process;
- access would be unlawful;
- access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security function or negotiations with you;
- legal dispute resolution proceedings;
- where a third party has given us health information about you in confidence;
- denying access is required or authorised by or under law.
If an access request is denied, reasons will be provided.
AUSTRALIAN PRIVACY PRINCIPLE 13 — CORRECTION OF PERSONAL INFORMATION
If at any time, you believe that your information is not correct or requires updating please notify us. It is also an obligation in some instances that you maintain the accuracy of your personal information, such as your address and contact details if you have entered into a contract with City Finance.
City Finance will take all reasonable steps to ensure that your privacy details are accurate.
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.
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions.
You can contact us on:
Contact: Privacy Manager
Local Phone: (07) 3458 9200
By Post: Suite 134, 7 Clunies Ross Court, Eight Mile Plains Qld 4113
City Finance Australia Pty Ltd
ACN 602 842 704
(hereinafter referred to as “City Finance”)
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.
We are prohibited from providing credit assistance after we have undertaken a preliminary assessment if in our reasonable opinion, amongst other considerations:
- You would be unable to comply with your financial obligations under the proposed contract or could only comply with substantial hardship;
- The loan does not meet your requirements or objectives and or is unsuitable.
The details you provide in your assessment are provided to City Finance Franchisees. The six most referred franchisees are as follows:
- City Finance Lending Pty Ltd
- Shimtec Pty Ltd
- Razorbay Pty Ltd
- Shimco Pty Ltd
- Imisides Pty Ltd
- Review Finance Pty Ltd
- Buy Well Finance Pty Ltd
Pursuant to the National Consumer Credit Protection Act 2009, if you request a copy of the written credit assessment it will be provided to you free of charge.
If you make a request for a copy of your assessment after the credit contract is entered into, we will provide a copy within 7 days.
If a request is made after two years from entering into the contract, we will provide a copy within 21 days.
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:
Suite 134, 7 Clunies Ross Ct
Eight Mile Plains QLD 4113
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)