Website Terms and Conditions

Last Updated May 11, 2020

Thank you for visiting our website. This website (Website) is owned and operated by Alex Pty Ltd (ABN 13 627 244 848) (“Alex”, “we”, “us” or “our”). By accessing and/or using this Website and our related services, you agree to be bound by these Terms and Conditions, which include our Privacy Policy and Credit Reporting Policy (Terms). You should review our Privacy Policy, Credit Reporting Policy and these terms and conditions carefully. If you do not agree to these Terms, you must immediately cease using our Website.

Use of Website

These Terms govern your access to and use of the Website, including any information, content or material that is located on, forms part of or is available through or in connection with the Website. If you wish to use certain products or services identified on this Website, you may be required to agree to additional terms and conditions which will govern the use of those particular products or services.

You acknowledge that to obtain access to certain parts of this Website, it will be necessary to register your interest. See ‘Registration of Interest’ below for further details.

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to this Website, including but not limited to:

  • any act that would constitute a breach of individual privacy rights or any other of the legal rights of individuals;
    infringing the intellectual property rights of any third party
  • posting or submitting any inaccurate, false, misleading or incomplete information
  • transmitting, providing or posting to the Website any content or material that is, in our option, likely to cause offence or which is (or may be construed as) unlawful, illegal, threatening, harmful, abusive, harassing, tortious, defamatory, offensive, objectionable, racist or pornographic
  • uploading files that contain viruses, corrupted files, or any other software or programmes or otherwise do or attempt to do anything designed to interfere with, disrupt or circumvent the security or operation of this Website or any service provided by this Website, or that may cause damage to our property, the property of individuals or which is in violation of our systems or a third party’s systems or network security; using this Website to provide any content or service in any commercial manner, or in any manner that would involve the sending of junk mail, spam or any other form of unauthorised advertising or commerce without our prior written consent; or
  • violating any applicable laws.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice, including if we consider the removal of the post necessary for compliance with relevant law  or where we consider your use of the Website to be inappropriate.

Registration of Interest

The functionality of this Website may vary depending on whether you are an unregistered or registered user.

Subject to these Terms, unregistered users may browse this Website anonymously without providing us with any personal information.  However, if you wish to apply for any product that we offer, you may first need to register your interest.

When you register your interest, you will provide us with personal information (such as your name and email address). You must ensure that any information you provide to us is complete, accurate and current.

To register your interest, you must:

  • be over 18 years of age;
  • be an Australian citizen or permanent resident;
  • possess the legal right and capacity to enter into a legally binding agreement with us;
  • agree and warrant to use the Website in accordance with these Terms;
  • agree to provide true, accurate and complete information and to keep this information up to date; and
  • agree to us contacting you using the personal information you provide.

Your registration of interest will be treated as a request to create a user profile on our Website. Once you have submitted your request to us, we will ordinarily send you an email requiring you to verify the email address provided. Once verified, you are considered a registered user of the Website. We reserve the right to refuse any request to create a user profile with us for any reason and without explanation.

  • If you are a registered user, you: acknowledge that your login and password are for your personal use only and that you must not disclose your login credentials for the Website to any other person;
  • take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to or observed by any other person;
  • must notify us by email immediately to help@alex.com.au in the event that you lose your login credentials, or if you have any reason to believe that someone else has access to your account; and must change your password on a reasonably frequent basis and each time we prompt you to do so.

Applying for a Loan by our Website

If you wish to apply for a loan with us, you will need to complete an application form online. Loans will only be provided to Australian citizens or permanent residents. We will then undertake an assessment of the lending risk, including by independently verifying the identity of any prospective borrower, beneficiary or guarantor of a prospective borrower. In completing an application, you represent and warrant that you have the full authority to engage in any transaction you undertake.

Should you be approved for and subsequently offered a loan by Alex, the provision of the loan to you, including the loan amount, loan rate and other details in relation to the loan will be subject to separate terms and conditions as set out in the loan agreement.

Applying for a Savings Account by our Website

If you wish to apply for a savings account with us, you will need to complete an application form online. Savings accounts will only be provided to Australian citizens or permanent residents. During the application, we will ask you for your tax file number, any tax exemptions that may qualify, or a foreign tax ID number if you are a tax resident of another country. Once we collect your details, we will then verify your identity. If completing an application, you represent and warrant that you have the full authority to engage in any transaction you undertake.

Should you be approved for opening a savings account with Alex, your account with us will be subject to separate terms and conditions.

Privacy and Credit Reporting

Please see our Privacy Policy and Credit Reporting Policy for more detail about how we handle any personal information or credit information that you provide to us.

Accuracy, completeness and timeliness of information

The information provided on this Website is not comprehensive and is for general information purposes only. The information available on this Website is intended to provide a summary of the subject matter covered and does not take into account your individual circumstance and should not be taken or relied upon as professional advice. All information, data and other material contained on this Website is provided solely on the basis that you accept the risk of using any information or services contained on this Website and will be responsible for making your own assessment of any matters contained on this Website. To ascertain whether a loan is suitable for your individual needs, you should make your own inquiries and consult an adviser to help you form an opinion in relation to the Website’s loan information.

All figures and amounts displayed on this Website are in Australian dollars.

While we use all reasonable attempts to ensure the currency, accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law and subject to the liability section below, we make no warranty regarding the information on this Website and we shall not be held liable in any respect for the accuracy or suitability or reliance by you on the information or data contained on this Website.

We may, from time to time and without notice, change or add to the Website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated.

To the extent permitted by law, and subject to the liability section below, we are not liable to you or to anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that content used from our Website is free of computer viruses, worms, Trojan horses, harmful or disruptive code or other malware that may interfere with or damage the operations of your computer systems.

Linked Sites

Our Website may contain links to websites operated by third parties. These websites have not been prepared by us and are not controlled by us. Such links are provided for your convenience only and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse, agree with or approve, and are not responsible for, the content of those linked websites.

Intellectual Property Rights

Unless otherwise indicated, we own or license from third parties all right, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in and to this Website and all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a limited, revocable licence for the term to access the Website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors. You may also temporarily download or reproduce this information in hard copy solely for your personal and non-commercial use.

Except as expressly authorised by these Terms, any reproduction or redistribution of this Website or the Content is prohibited. In addition, the copying of the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

Cookies and Other Trackers

We may use cookies and other tracker technologies to improve your user experience and allow us to optimize the Website (in terms of content and functionality). A cookie is a small data file that the Website sends to your browser, which may then be store on your system for later retrieval by the Website. Cookies track your movements through different websites and are widely used on websites to help with navigation and to help personalise your experience when you visit a website. You can adjust your cookie settings for our website here.

Termination

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website (including your registered user profile) at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Your termination of these Terms does not release you from or affect your obligations accrued under these Terms.

These Terms will survive any termination, however, you may no longer be authorised to access the Website if you breach any of these Terms, in which case your permission to use the Website or any information contained on the Website shall automatically terminate.

Warranties and Disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, and subject to the Liability section, Alex provides the services on an “as is” and “as available” basis and makes no warranties or representations of any kind, whether implied or express,  about this Website, the Content or any products or services, including but not limited to warranties or representations that the information will be complete, accurate or up-to-date. Alex does not warrant that the Website or your use of the services will be uninterrupted or free from errors, viruses bugs or other harmful components, that this Website will be secure will meet your requirements, or that any defects in the Website will be remedied. Alex disclaims liability for, and no warranty is made with respect to, the connectivity and availability of this Website.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct, indirect, incidental, consequential or special loss, damage, cost or expense, any loss of profit, loss of revenue or loss of business opportunity, or any damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Alex knows or has been advised of the possibility of such damages, arising out of or relating to these Terms (including any loss which may be suffered due to your use of our Website or the information or materials contained on it, or as a result of the inaccessibility of this Website or the fact that certain information or materials in the Website is incorrect, incomplete or is not current) whether arising under contract, tort (including negligence), statute or any other legal or equitable theory.

Nothing in these Terms is intended to exclude, restrict or modify a consumer’s rights under the Australian Consumer Law, or any other statutory rights that may not be excluded, restricted or modified.

Jurisdiction and Governing Law

Your use of this Website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

Severability

If any of these terms or conditions are held to be invalid, illegal, unlawful or otherwise incapable of being enforced, all other terms and conditions shall nevertheless remain in full force and effect.

No Assignment

Your rights and obligations under these Terms are personal to you and you must not assign, transfer or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign or transfer or otherwise dispose of our rights and/or obligations under these Terms by providing notice to you.

Entire Agreement

These Terms and any additional terms published on our Website from time to time will constitute the whole agreement and supersedes and extinguishes all prior agreements, representations, warranties or any other arrangements, whether written or oral.

Amendments

We may amend these Terms from time to time, in our sole discretion by posting an updated version of the Terms on the Website. By continuing to use this Website after any such amendment, you are deemed to have agreed to the amended Terms.