Swim Now Pay Later

Welcome to www.ourmoneymarket.com and its subdomains (“Website”).

The Website is owned and operated by OurMoneyMarket Holdings Pty Ltd ABN 30 614 872 105 of Level 18, 50 Bridge Street, AMP Centre, Sydney NSW 2000 (OMM) (referred to in this document as “OurMoneyMarket Holdings”, “we” "our", or “us”). References to "OurMoneyMarket Holdings", "we", "our" and "us" includes OMM's related entities. The term “you” or “your” are references to the person or entity accessing or using the Website, including use for the purposes of applying for any of the loans or any of the investments made available through or in connection with the Website (“Products”).

The use of the Website is subject to the terms and conditions contained in this document, our Privacy Policy and Credit Reporting Policy (available here), any additional terms and conditions and notices displayed on the Website from time to time and any additional terms and conditions notified to you from time to time (together “Terms of Use”).

Please read these Terms of Use carefully before using the Website or applying for or investing in any of the Products.

1. Acceptance

These Terms of Use govern your access to and use of the Website, including any information, content or material that are located on, form part of or are available through or in connection with the Website (“Website Material”).

By browsing, accessing or using the Website, the Website Material or by using any facilities or services made available through the Website or by transacting through or on the Website (including for the purposes of applying for or investing in any of the Products), you acknowledge and warrant that you have read and understood, and agree to be bound by, these Terms of Use.

These Terms of Use form a legally binding agreement between OurMoneyMarket Holdings and you. If you do not agree to these Terms of Use, you must immediately exit and not access or use the Website.

2. Types of Users

Subject to these Terms of Use, you may browse the Website anonymously via the internet and without providing us with any personal information (“Unregistered User”).

While we allow you to access and browse the Website anonymously, in order to register an interest in becoming an investor or applying for a loan you will need to provide certain personal information to us to enable us to contact you (at which point you will become an “Interested User”).

In order to apply to become an investor or for a loan, you will need to create a user profile with us (at which point you will become a “Registered User”).

Once you have submitted your request to create a user profile with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create a user profile with us and we do not need to give reasons for doing so.

Unregistered Users, Interested Users and Registered Users are referred to collectively in these Terms of Use as “Users”.

We may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users, Interested Users or Registered Users.

We will collect, hold, use and disclose all personal information you provide to us when becoming an Interested User or Registered User in accordance with our Privacy Policy. You acknowledge that you have read and accept the OurMoneyMarket Holdings Privacy Statement and Electronic Communication Consent

If you are an Interested User or a Registered User, you:

a. warrant that you are 18 years of age or above;

b. warrant that you are properly authorised to provide OurMoneyMarket Holdings with any information which you provide;

c. agree to provide true, accurate and complete information and to keep this information up-to-date;

d. agree to OurMoneyMarket Holdings contacting you via the personal information you provide; and

e. agree to comply with these Terms of Use.

If you are a Registered User, you:

a. must not disclose your login credentials for the Website to any other person;

b. acknowledge that the login and password are for your personal use only;

c. must take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to any other person or is observed by any other person; and

d. if you have lost you login credentials, or you have any reason to believe that someone else has access to your account, you must notify us by emailing [email protected] immediately; and

e. must change your password on a reasonably frequent basis and each time we prompt you to do so.

OurMoneyMarket Holdings has no obligation to any User to assist or involve itself in any way in any dispute between Users.

3. General Information Only

The purpose of the Website is to provide Registered Users an online platform that facilitates loans to consumers, funded by investors who can view and select individual loans or loan pools (meaning a pre-selected collection of individual loans) they wish to be exposed to.

The information contained in the Website is and should only be used as general information only. It is not to be taken as advice. The information on the Website does not take into account the particular circumstances, investment or borrowing objectives and needs for an investment or a loan, or purport to be comprehensive or constitute advice and must not be relied upon as such.

OurMoneyMarket Holdings is not liable for any loss resulting from any action taken or reliance made by you on any information or material on the Website. To satisfy yourself that a loan or investment is satisfactory for you, you should make you own inquiries and consult a financial adviser to help you form your own opinion of the information, and whether the information is suitable for your individual needs and aims. You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications of making an investment or borrowing any money.

4. Information Specific for Investors

4.1. How it Works

Anyone wishing to invest will need to complete an application form online. We will independently verify the identity of any investor or representative, shareholder, beneficiary or guarantor of an investing entity. You represent and warrant that you have the full authority to engage in any investment you undertake and bind any investing entity you represent.

Investors will invest in “cash units” in the OurMoneyMarket Investment Trust (“MIS”) as described in the Product Disclosure Statement (available here). The Trustee of the MIS is Melbourne Securities Corporation Limited ACN 160 326 545 (Australian Financial Services Licence 428289 Australian Credit Licence 428289).

Once you have invested in "cash units", you will be able to view the details of loans made available for investment on the OurMoneyMarket Holdings online lending platform (“OurMoneyMarket Platform”).

A “cash unit” investor may be invited to convert their “cash units” into “committed funding cash units” (as described in the MIS Constitution) in the MIS in which case the investor will be issued an investment order.

You agree that by confirming the investment order, you make an irrevocable, binding and legally enforceable offer to invest in one or more loan investments listed in the investment order. By confirming the investment order you are entering into an agreement with OurMoneyMarket Pty Ltd (“OurMoneyMarket”), the Manager of the MIS, in accordance with the terms of the offer set out in the MIS Constitution, the investment order and any other document referred to or accompanying the investment order.

If your investment order is successful (and subject to a loan being issued to the respective borrower), an equivalent amount of your “cash units” will be converted to “committed funding cash units” in the MIS.

You represent and warrant that you have the full authority to engage in any transaction you undertake.

You will be liable for all costs, fees, charges and other amounts which may become payable to OurMoneyMarket or any other person as a result of investing through the use of the OurMoneyMarket Platform.

4.2. Product Disclosure Statement

Details of the investment including discussions on the risks and returns of investment will be set out in the current Product Disclosure Statement. The Product Disclosure Statement should be considered carefully before deciding to invest in the MIS. The Product Disclosure Statement can be assessed here: www.ourmoneymarket.com/legal/productdisclosurestatement.

4.3. Australians residents and citizens Only

The information on the Website is provided only for Australian residents or citizens who are currently located in Australia. Access to the Website may be restricted in other jurisdictions.

5. Information Specific for Borrowers

5.1. How It Works

Anyone wishing to apply for a loan will need to complete an application form online. Loans will be provided to Australian consumers only.

We will then undertake a risk assessment including independently verifying the identity of any borrower or representative, shareholder, beneficiary or guarantor of a borrowing entity. 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, the provision of the loan to you will be subject to separate terms and conditions as set out in a loan agreement. The loan amount, loan rate and details in relation to the loan will be set out in the loan agreement between you (or the relevant borrowing entity) and OurMoneyMarket Lending Pty Ltd (ABN 64 605 231 669) (“OurMoneyMarket Lending”), which is a subsidiary of the OurMoneyMarket Holdings and the lender of record for a loan.

6. Use of Website

6.1. Website Material

The Website contains a broad range of content owned by or licensed to OurMoneyMarket Holdings, its related bodies corporate and partners. You acknowledge and agree that nothing in these Terms of Use grants you any right to, title in or licence of such content, and that you will access the Website in accordance with all applicable laws.

No claim is made as to the accuracy of authenticity of the content of the Website Material or that it is useful for your particular requirements or at all.

6.2. Intellectual Property

The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (“Website Content”) are the intellectual property of us, our content providers or our licensors, with all rights reserved.

You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. You may contact us by emailing us at [email protected] if you wish to seek such consent.

Unless we agree or notify otherwise in writing, you are provided with a non-exclusive licence to access the Website only for your personal use or for the purposes of:

a. reviewing general information on the Website;

b. if you are an investor or a prospective investor, reviewing information specific for investors as described in clause 3 of these Terms of Use; and

c. if you are a borrower or a prospective borrower, reviewing information specific for borrowers as described in clause 4 of these Terms of Use,

(together, Permitted Use)

You are also provided with a non-exclusive licence to download and print a reasonable number of copies of any information contained on the Website solely for your personal use or the Permitted Use, provided that you keep all copyright or other proprietary notices intact.

Other than the licence in this clause, nothing in these Terms of Use should be construed as conferring any other licence to intellectual property rights, whether by estoppel, implication or otherwise.

6.3. User Information

When using the Website, applying for a loan or to invest, you may be able to submit or upload certain data, information and materials (“User Information”) to the Website (for example, personal and financial information). We are not responsible for the User Information. If you believe that there is a problem with any of the User Information, please notify us immediately.

If you choose to submit any User Information, you must be legally entitled to do so. In particular, any User Information must not and you warrant that it does not:

a. deceive or be likely to deceive any person;

b. be used to impersonate any person (including OurMoneyMarket Holdings or its representatives);

c. misrepresent your identity or affiliation with any person

d. be illegal or encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law; or

e. advertise any product or service or solicit any business.

You acknowledge and agree that we may edit or delete any of your User Information, or format it in a particular way.

By submitting the User Information you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Information (in whole or in part). You also waive any and all moral rights (as the term is defined in Part IX of the Copyright Act 1968 (Cth)) you may have in respect of the User Information and consent to any act or omission the doing or not doing of which infringe such moral rights, in both cases in favour of OurMoneyMarket Holdings, its licensees and successors in title.

You must not, whether as part of the User Information or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Website or any of its associated hardware or software.

6.4. Suspension of Service

OurMoneyMarket Holdings makes no and expressly disclaims any representation or warranty that the Website or OurMoneyMarket Platform will be available for use by you at all times or at any particular time, during and for the duration of any particular investment order or at all.

If the Website or OurMoneyMarket Platform is interrupted for any reason during when an investment order is being made (whether by way of suspension by OurMoneyMarket Holdings or otherwise) OurMoneyMarket Holdings may, but is not obliged to, declare the investment order void.

OurMoneyMarket Holdings may from time to time suspend the provision of the OurMoneyMarket Platform. OurMoneyMarket Holdings may also from time to time suspend access to the Website.

Where possible, OurMoneyMarket Holdings will notify you in advance of the time and duration of any suspension of the OurMoneyMarket Platform, but do not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.

6.5. Links or References to Other Websites

The Website may contain links or references to third party sites. Such third party sites are beyond our control and we make no representation or warranty as to the accuracy or reliability of any information, data, opinions, advice, statements or content on those third party sites. OurMoneyMarket Holdings is not responsible for the policies and practices of internet websites operated by persons other than OurMoneyMarket Holdings, even if: (a) you access them using links on the Website; or (b) are directed or link to the Website using links on such third parties sites. We recommend that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

6.6. Acceptance of Risk and Release from Liability

We do not accept any liability to you or any other person for the Products or information (or the use of such Products or information), which is provided on the Website or incorporated into it by reference. The information on the Website is provided on the basis that all persons accessing the Website undertake responsibility for assessing the relevance and accuracy of its content before relying on that information.

You are wholly responsible for your use of the Website and the OurMoneyMarket Platform and you use the Website and the OurMoneyMarket Platform at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website and the OurMoneyMarket Platform or your conduct in connection with the Website and the OurMoneyMarket Platform in any circumstance.

The information contained in the Website or the OurMoneyMarket Platform is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use or conduct in connection with the Website and the OurMoneyMarket Platform, including any breach by you of these Terms of Use.

To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website. You may have rights under the Competition and Consumer Act 2010 (Cth) in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election, in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.

Otherwise, to the maximum extent permitted by law, neither OurMoneyMarket Holdings nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Website or otherwise as a result of or in connection with the use of the Website or any information or material provided on or through the Website.

This clause 6.6 survives termination of these Terms of Use for any reason and does not merge upon completion.

6.7. Prohibited Activities

When using the Website, you must not:

• infringe any intellectual property right of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
• reproduce or adapt any part of the Website, Website Material or Website Content without our express written permission, which we may grant or withhold at our absolute discretion;
• seek reimbursement from any other party for access to the Website, sell or on-sell any part of the Website Material, Website Content or any information obtained from the Website;
• engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
• submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
• interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.

6.8. Security

We will use our reasonable endeavours to minimize viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage you own computer system.

We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked third party website.

6.9. Applicable Law

The content, operation and interpretation of the Website and these Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute arising out of, or in connection with, the Website.

Although the Website may be accessed throughout Australia and overseas, OurMoneyMarket Holdings makes no representation that the content provided by the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Website is not illegal or prohibited by laws which apply to you.

7. Changes to Terms of Use

OurMoneyMarket Holdings may, from time to time and with or without notice to you, make changes to the Website, the Website Material or these Terms of Use. If we make any changes to these Terms of Use, an amended version of these Terms of Use will be displayed on the Website.

The current version of these Terms of Use displayed on the Website at the time you access or use the Website will apply each time you use the Website.

Your continued use of the Website after any changes are made to these Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, your only remedy is to discontinue your use of the Website.

You are responsible for keeping up to date with any changes by regularly reviewing these Terms of Use.

8. Termination of Access

OurMoneyMarket Holdings reserves the right to refuse or terminate your registration at any time and on our discretion, including, for example if:

a. you register in a fraudulent or illegal manner;

b. you have beached these Terms of Use;

c. OurMoneyMarket Holdings considers it necessary to comply with any requirements of the law;

d. OurMoneyMarket Holdings considers that you are using the services provided on the Website in an inappropriate manner; or

e. you are already a Registered User.

You may cease to be a Registered User by notice in writing to OurMoneyMarket Holdings, provided that:

a. if you are an investor, you are no longer a member of the MIS as described in the Product Disclosure Statement; or

b. if you are a borrower, you do not have any loans or other amounts outstanding.

Any purported termination of these Terms of Use by you does not release you from, or affect, any accrued obligation under these Terms of Use.

Upon termination of these Terms of Use for any reason:

1. any amounts you owe to OurMoneyMarket Holdings under these Terms of Use become immediately due and payable; and

2. you must destroy or delete any copy of any information collected from the Website and the OurMoneyMarket Platform you have in your possession or under your control.

Our disclaimer, Privacy Policy and these Terms of Use will nevertheless survive any such termination, however you may no longer be authorized to access the Website if you breach any of these Terms of Use, in which case your permission to use the Website or any information contained on the Website automatically terminates.

9. General

If there is a contradiction or inconsistency between these Terms of Use and any other notices, policies, communications or documents relating to the Website, these Terms of Use will prevail to the extent of that contradiction or inconsistency.

In these Terms of Use, unless the context requires otherwise:

a. any reference to a ‘person’ includes any individual, company, corporation, firm partnership, joint venture, association, organization or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others;

b. any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression are illustrative only and must not be constituted as limiting the generality of any proceeding words;

c. references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and

d. headings and sub-headings are inserted for convenience only and will not affect the meaning of these Terms of Use.

Your rights and obligations under these Terms of Use are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. We may assign, transfer, subcontract or otherwise dispose of any or all of our rights and/or obligations under these Terms of Use without notice to you.

OurMoneyMarket Holdings will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of the Website, the Website Material, the Website Content or the Products or any delay or other failure by OurMoneyMarket Holdings to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond OurMoneyMarket Holdings control.

These Terms of Use, together with any additional terms and conditions or usage rules set out or referred to on the Website from time to time, constitute the whole agreement between us relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

In any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

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

10. Contacting Us

If you have any questions about our Terms of Use or any queries or concerns about the Website, please email us at [email protected]. Alternatively, you can call us on 1300 990 115.