We exclude all liability for any indirect, special, consequential or incidental loss or damage. This limitation of liability is subject to any laws, including the Australian Consumer Law.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website.
3. Linked sites
4. Online Accounts
To apply for a business loan or to be a broker partner, you must create a customer/broker account on the Website. To create an account, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- complete your details in the manner required on the Website.
You must keep your password secure at all times. You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.
You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
- You must not misuse this Website. In particular, you must not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive, obscene, racist, discriminatory, threatening, pornographic or which may incite violence;
- hack into any aspect of the Service or corrupt data;
- infringe upon any other person’s proprietary rights;
- do any act which would constitute a breach of privacy;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of, or accessed through, our Website.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Linked Sites.
7. Intellectual property, software and content
- Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on our Website (Content).
- Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server or location 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.
8. Disclaimer of liability
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
- To the fullest extent permitted by law, BF hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- This does not affect BF’s liability for death or personal injury arising from BF’s negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
12. Jurisdiction and governing law
Your use of our Website and these Terms of Service is governed by the laws in force in Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Last updated: 28 September 2021