Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") form a legally binding agreement between you and FinSeeker Pty Ltd ACN 697 193 909 ("FinSeeker", "we", "us", or "our") in respect of your use of the FinSeeker platform at finseeker.com.au (the "Platform").

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

We may update these Terms from time to time. We will give registered users at least 14 days' written notice by email of any material change. If you do not accept the updated Terms, you may close your account before the changes take effect. Your continued use after the effective date constitutes acceptance.

2. Nature of Service

FinSeeker is an online matching marketplace that connects businesses seeking commercial finance ("Borrowers") with commercial lenders and finance professionals ("Lenders"). FinSeeker:

• →Does not lend money, arrange credit, or provide credit assistance.
• →Does not hold an Australian Credit Licence (ACL) and is not required to for the introduction service it provides.
• →Does not verify the accuracy or completeness of Borrower funding requests or Lender credentials, although we may do so at our discretion.
• →Is not a party to any finance transaction entered into between a Borrower and a Lender.

FinSeeker does not guarantee that any Borrower will obtain finance or that any Lender will receive suitable enquiries.

3. Eligibility

To use the Platform you must:

• →Be at least 18 years of age.
• →Have legal capacity to enter into a binding contract.
• →Be accessing the Platform for legitimate commercial or business purposes.
• →If registering as a Lender, hold and maintain all licences, registrations, and authorisations required under applicable Australian law (including, where applicable, an ACL under the National Consumer Credit Protection Act 2009 (Cth)) to offer, arrange, or provide the finance products you list on the Platform.

4. Accounts & Security

You must register an account to access most features of the Platform. You agree to:

• →Provide accurate, current, and complete information at registration and keep it updated.
• →Maintain the confidentiality of your login credentials.
• →Notify us immediately of any suspected unauthorised access to your account at contact@finseeker.com.au.
• →Not share your account with, or transfer it to, any other person.

You are responsible for all activity conducted through your account. FinSeeker is not liable for any loss arising from unauthorised use of your account where you have not complied with these obligations.

5. Beta Period & Future Subscriptions

5.1 Beta Period

FinSeeker is currently in a free beta period ("Beta Period"). During the Beta Period, access to the Platform is provided free of charge and no payment details are required. The Beta Period will continue until FinSeeker notifies registered users of its end date in accordance with clause 5.2.

5.2 Transition to Paid Subscription

FinSeeker reserves the right to introduce a subscription fee for access to the Platform at any time following the Beta Period. Before doing so, FinSeeker will:

• →Provide registered users with at least 30 days' written notice by email of the date on which paid subscriptions will commence ("Subscription Commencement Date");
• →Publish the applicable subscription tiers and pricing on the Platform prior to the Subscription Commencement Date; and
• →Allow users to close their account at no cost before the Subscription Commencement Date if they do not wish to continue on a paid basis.

Your continued use of the Platform after the Subscription Commencement Date constitutes acceptance of the applicable subscription terms and pricing in effect at that time.

5.3 Future Subscription Terms

When a subscription model is introduced, the following terms will apply:

• →Subscriptions will be billed monthly or annually, as selected at the time of purchase.
• →You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial-period refunds will be provided unless required by law.
• →All prices will be in Australian Dollars (AUD) inclusive of GST (10%) where applicable.
• →Payments will be processed securely by Stripe, Inc. (PCI DSS compliant). FinSeeker will not store your card number, CVV, or banking credentials.
• →FinSeeker reserves the right to change subscription pricing with at least 30 days' written notice to existing subscribers. Continued use after the price change takes effect constitutes acceptance of the new pricing.

5.4 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

6. Borrower Obligations

As a Borrower, you agree to:

• →Post only genuine, accurate, and complete funding requirements.
• →Not post duplicate listings or misrepresent your funding needs, financial position, or business details.
• →Respond to Lender enquiries promptly and in good faith.
• →Not use contact details provided via the Platform for any purpose unrelated to the specific funding request.
• →Promptly remove or mark as closed any listing where finance has been secured.

7. Lender Obligations

As a Lender, you agree to:

• →Hold and continuously maintain all Australian licences and authorisations applicable to the finance products you offer, including any ACL or Australian Financial Services Licence (AFSL) required.
• →Only express interest in Borrower listings that genuinely match your lending criteria.
• →Not use Borrower contact details for unsolicited marketing, cold calling, or any purpose unrelated to the relevant funding request.
• →Comply with all applicable laws, including the National Consumer Credit Protection Act 2009 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth), and the Privacy Act 1988 (Cth).
• →Notify FinSeeker promptly if your licence or authorisation is suspended, cancelled, or restricted.

7A. Conduct Standards New

FinSeeker is a professional commercial platform. All users — whether Borrower, Lender, or broker — must maintain a standard of conduct consistent with that expected in commercial business dealings. Without limiting the generality of clause 8, you must not:

• →Use aggressive, derogatory, demeaning, or offensive language in any communication with another user, whether through the Platform's messaging tools, email, telephone, or any other channel initiated through or arising from a Platform introduction.
• →Bully, intimidate, coerce, or harass any Borrower, Lender, broker, or FinSeeker staff member in connection with your use of the Platform, including by sending repeated unsolicited communications after a party has indicated they do not wish to proceed.
• →Apply undue pressure on a Borrower to accept finance terms, proceed with an engagement, or provide information beyond what is reasonably required to assess the funding request.
• →Make false or misleading statements about your lending products, rates, fees, or approval likelihood in any communication with a Borrower.

FinSeeker may suspend or terminate the account of any user who engages in conduct that breaches this clause, at our sole discretion and without prior notice where the conduct is serious.

7B. Confidentiality of Borrower Information New

Borrower information disclosed through the Platform — including contact details, financial information, business details, funding requirements, and supporting documents (collectively, "Borrower Information") — is confidential and is provided solely to enable a Lender to assess and respond to a specific funding request.

As a Lender, you agree that:

• →You will not disclose Borrower Information to any third party — including affiliates, brokers, introducers, or other lenders — without the prior written consent of the Borrower.
• →You will use Borrower Information only for the purpose of evaluating and, if appropriate, responding to the specific listing that gave rise to its disclosure. You must not use it for credit marketing, direct mail, database building, or any other secondary purpose.
• →You will store Borrower Information securely and in compliance with the Privacy Act 1988 (Cth) and any applicable Australian Privacy Principles.
• →You will destroy or return Borrower Information if you elect not to proceed with a funding enquiry, and upon request by FinSeeker or the Borrower.

These confidentiality obligations survive the termination or expiry of your account and these Terms for a period of 3 years.

7C. Scope of Communications New

All communications between a Lender and a Borrower that arise from or are initiated through the Platform must be limited in scope to the specific funding request that gave rise to the introduction. You must not use a Platform introduction as an opportunity to:

• →Pitch products or services unrelated to the Borrower's stated funding requirement.
• →Solicit the Borrower as a customer for any product line not covered by the relevant listing.
• →Refer the Borrower to, or recommend, any other lender, broker, or financial service provider outside the Platform.
• →Engage in cross-selling, up-selling, or marketing of any kind beyond what is reasonably necessary to respond to the specific funding request.

Where a Borrower's needs evolve beyond the original listing, the Lender should encourage the Borrower to submit a new or amended listing through the Platform rather than conducting that expanded engagement outside the Platform.

7D. Lender Referrals to the Platform New

Lenders are encouraged to invite other commercial lenders to register on the Platform where they believe those lenders may benefit from access to structured commercial deal flow. The following rules apply:

• →A Lender may invite another lender to register by directing them to finseeker.com.au. FinSeeker may operate a formal referral programme from time to time — details will be published on the Platform if and when such a programme is established.
• →A Lender must not recommend or refer another specific lender to a Borrower as an alternative funding source, whether inside or outside the Platform. Borrowers requiring additional lender options should be directed to submit or update their listing.
• →A Lender must not disparage or negatively characterise other lenders on the Platform or in communications with Borrowers arising from Platform introductions.

The intent of this clause is to maintain the integrity of the Platform's matching process and ensure Borrowers receive unbiased access to lender options through structured matching, rather than informal lender-to-lender recommendations.

8. Prohibited Conduct

You must not use the Platform to:

• →Post false, misleading, deceptive, or fraudulent information in breach of the Australian Consumer Law or the ASIC Act 2001.
• →Engage in conduct that constitutes an unfair trading practice under applicable law.
• →Spam, harass, bully, threaten, intimidate, or harm other users — including by sending repeated unsolicited messages after a user has declined to proceed (see also clause 7A).
• →Use aggressive, offensive, derogatory, or unprofessional language in any communication with another user or FinSeeker staff (see also clause 7A).
• →Disclose or misuse Borrower Information in breach of clause 7B.
• →Recommend or refer Borrowers to specific competing lenders outside the Platform's matching process (see also clause 7D).
• →Conduct communications outside the scope of the specific funding request that gave rise to the introduction (see also clause 7C).
• →Scrape, reproduce, or systematically copy Platform content without our prior written consent.
• →Use automated bots, crawlers, or scripts to access the Platform.
• →Engage in money laundering, fraud, or any activity that contravenes the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
• →Violate any applicable Australian or international law or regulation.

9. Intellectual Property

All Platform content — including the FinSeeker name, logo, software, design, text, and graphics — is owned by or licensed to FinSeeker and is protected under the Copyright Act 1968 (Cth) and other applicable laws. You are granted a limited, non-exclusive, revocable licence to use the Platform solely for its intended purpose. You must not use our intellectual property without our prior written consent.

By submitting content to the Platform (including funding request descriptions and documents), you grant FinSeeker a non-exclusive, royalty-free licence to use that content solely for the purpose of operating and improving the Platform.

10. Disclaimer of Warranties

Subject to your rights under the Australian Consumer Law, the Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, FinSeeker makes no representations or warranties, express or implied, regarding:

• →The accuracy, completeness, or reliability of any Borrower funding request or Lender information.
• →The suitability of any Lender for any Borrower's requirements.
• →Uninterrupted or error-free access to the Platform.

11. Limitation of Liability

To the maximum extent permitted by the Australian Consumer Law and other applicable law:

• →During the Beta Period (as defined in clause 5.1), FinSeeker's total aggregate liability to you for any claims arising from or in connection with the Platform is limited to AUD $100, reflecting the free-of-charge nature of access during this period.
• →Following the introduction of paid subscriptions, FinSeeker's total aggregate liability to you is limited to the total subscription fees paid by you in the 12 months preceding the event giving rise to the claim.
• →FinSeeker is not liable for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profits, loss of data, loss of goodwill, or business interruption.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded. If FinSeeker is liable for a breach of a guarantee under the Australian Consumer Law that cannot be excluded, FinSeeker's liability is limited, to the extent permitted by law, to re-supplying the services or paying the cost of having the services supplied again.

12. Indemnity

You agree to indemnify and hold harmless FinSeeker, its officers, directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• →Your use of the Platform.
• →Any breach of these Terms by you.
• →Any content you submit to the Platform that infringes a third party's rights.
• →Any breach of your confidentiality obligations under clause 7B.
• →Any conduct by you that breaches clause 7A (Conduct Standards).

This indemnity does not apply to the extent that a claim arises from FinSeeker's own negligence or wilful misconduct.

13. Termination & Suspension

We may suspend or terminate your account immediately if you breach these Terms or if we reasonably believe your use of the Platform poses a risk to FinSeeker, other users, or third parties. Grounds for immediate suspension without prior notice include, but are not limited to, a breach of clause 7A (Conduct Standards), clause 7B (Confidentiality), or clause 8 (Prohibited Conduct). Where appropriate, we will give you prior written notice and an opportunity to remedy the breach.

You may close your account at any time by contacting us at contact@finseeker.com.au. During the Beta Period, account closure is free and takes immediate effect. Following the introduction of paid subscriptions, cancellation takes effect at the end of the current billing period with no partial-period refund, subject to your rights under the Australian Consumer Law.

14. Complaints & Internal Dispute Resolution

We take complaints seriously — including complaints about the conduct of other users. If you have a concern about our services, these Terms, or the conduct of another user, please contact our complaints team:

We will acknowledge your complaint within 5 business days and endeavour to resolve it within 30 calendar days. Complaints about user conduct under clauses 7A or 7B will be treated as priority matters. If more time is needed, we will inform you of the reason and the expected resolution date. If your complaint remains unresolved after 30 days, you may escalate to an external dispute resolution body (see clause 15).

15. External Dispute Resolution

If we are unable to resolve your complaint to your satisfaction, you may contact:

16. Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria. Nothing in this clause limits your rights under the Australian Consumer Law, which applies nationally regardless of choice of law.

17. General

Severability: If any provision of these Terms is found to be void, unenforceable, or illegal, that provision is severed and the remaining provisions continue in full force.

Waiver: A failure or delay by FinSeeker in exercising any right does not constitute a waiver of that right.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and FinSeeker in relation to the Platform and supersede all prior agreements and understandings.

Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without your consent in connection with a merger, acquisition, or sale of our business.