Terms of Use

This website swoosh.com.au is owned by Ausfinancial Pty Ltd ABN 67 118 176 631 Australian Credit Licence 387993. By accessing, viewing or otherwise using this website, you acknowledge and agree to be subject to the following Terms and Conditions of Use, the Privacy Policy and any other notices, disclaimers and other terms and conditions or other statements contained on this website as amended or modified from time to time.

If you do not accept our Terms and Conditions of Use and the Privacy Policy you are not authorised to use our website. We reserve any and all rights not expressly granted in these Terms and Conditions of Use.

Copyright

All copyright and other intellectual property contained on thiswebsite is owned by or licensed to Swoosh. The information contained on this website may be used for your personal reference only. Information on this website may not otherwise be reproduced, distributed, or transmitted to any other person or entity, or in any way reproduced in any other form.

Third party sites

As a convenience to you, Swoosh may provide, on this website, links to websites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Swoosh makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing on them or any of the products or services described on them. Links do not imply that Swoosh or this website sponsors, is affiliated or associated with, or is legally authorised to use, any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Swoosh or any of its affiliates or subsidiaries.

Information on this site

We have taken all reasonable care in producing the website, but information on the website may not be accurate, complete or up to date.

Some information on the website may be provided by other persons and we are not responsible for the content of that information.

Product details, rates, terms, conditions and other information are subject to change at any time without notice.

Information on the website is not intended to be financial, legal or any other advice, or a product recommendation, and does not take into account the financial circumstances or the requirements or objectives of any particular individual. You should seek appropriate professional advice before acting on any information on this site.

Liability

To the extent permitted by law, we are not liable to any person in relation to use of the website and you waive all claims against us in relation to your use of the website.

We do not warrant that the website will always be accessible and we do not warrant that the website is free from anything that may damage any device used to access the website.

Security

If you have a Swoosh account and password, you are responsible for maintaining the security of your password and account information. Swoosh is not liable for any damages or breaches of privacy arising from your failure to take appropriate security measures.

Privacy

Please see our Privacy Policy for information on how and why we collect, use and disclose your personal information.

Complaints

If you have a complaint or dispute in relation to the website, please contact us using our contact details published on the website. Please also see the Dispute Resolution Policy on our website.

Data Protection

If you agreed to provide us with viewing access to your internet banking account the following data protection provisions shall apply

  • Provide Accurate Information. You represent to us that you have provided true, accurate, current and complete information about yourself and your bank accounts (with us or third parties) and you have not misrepresented your identity or your account information.
  • Purposes. We will access your bank account transaction information going back for a period of up to 180 days (Transaction History) using the services of Perfect Data Solutions Limited (PDS) and Yodlee. We will use your Transaction History to assess your creditworthiness and to assess whether the loan you seek is affordable and will meet your requirements and objectives.
  • Neither we nor PDS will store or have access to your internet banking credentials, PIN codes or passwords. That information is encrypted in transit and stored by Yodlee upon their servers in a secure environment in the USA.
  • Third Party Accounts. By agreeing to allow us viewing access to your Transaction History, you authorise PDS and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by us, and to register to view bank statements over a period of up to 90 days. You agree that Yodlee may, and is instructed by you as your agent and nominated representative, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. This will include the following purposes: copying Transaction History over a 90 day period and storing the copied Transaction History on our servers.
  • You acknowledge and agree that when we, PDS or Yodlee access and retrieve information and Transaction History from third party sites, this is undertaken as your agent, and not the agent on behalf of any third party (including the bank with whom your account is held). You should be aware that third party account providers shall be entitled to rely on this authorisation and agency granted by you. You should also be aware that this service is not endorsed or sponsored by any bank account providers. We would recommend that you refer to the terms and conditions of your internet banking provider if you would like more information.
  • You understand that allowing us to review your Transaction History is at your sole risk. We cannot guarantee that allowing us to review your Transaction History will guarantee the success of your loan application. By providing consent for us to access your Transaction History on the terms set out above you may not have access to the protections otherwise afforded to you under the Privacy Act (Cth)1988 if your personal information was not disclosed overseas.
  • We shall be entitled to delegate to an affiliate in Australia or New Zealand the right to access your Transaction History.

We are only able to review your Transaction History on an “as is” and “as available basis” as it is made available to us by service providers. It may not be available to us from time to time.

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