TERMS AND CONDITIONS
The ‘website’ at https://smebank.online , https://altitude.fund, https://cunnington.com, https://paynow.asia, https://smebusinesscentre.biz, https://smecash.com.au, https://smecreditline.com.au and https://sme.management is owned and operated by Cunnington & Co Holdings Pty Ltd (ABN 51 137 847 495) means.
The user is the individual associated with personal information for the registration of an account. The applicant refers to the business that is associated with the application of the loan or other advances. The guarantor(s) is associated with the loan or other advances and could be:
- Director(s) and/or shareholder(s) of the business that is in a company.
- Corporate that is a shareholder of the business that is in a company
- Individual partners of the business that is in a partnership
- Corporate partners of the business that is in a partnership
- Sole Trader of the business
You the user who may be an applicant and/or a guarantor.
The terms and conditions and/or the Privacy Statement is in accordance with the Privacy Act 1988 (Cth) which handles personal information about individuals. Similarly, the terms and conditions and/or Privacy Statement will act in the same manner for business information.
By accessing the website and/or services the user and/or applicant agree to these Terms and Conditions, which include our Privacy Statement. It is your responsibility to read these Terms and Privacy Statement carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘us’, ‘we’ and ‘our’ means Cunnington Group and all its related parties, financiers and subsidiaries named in this policy.
Terms and Conditions are set to ensure:
- Once you have accepted the terms and conditions of the website, you must comply with the terms, use of website, registration, collection notice, accuracy, completeness and timeliness of information, linked sites, intellectual property rights, other policies, warranty & disclaimer, liabilities, indemnity, maintenance or upgrade of website, general, governing law and other in this document and on the website.
- Cunnington Group is providing multiple finance solutions for most small and medium enterprises that have an ABN or an ACN. If your business does not have an ABN or ACN, Cunnington Group is not permitted to lend to you.
- You understand that Cunnington Group reserves the right to change from time to time these Terms & Conditions without prior notice or your consent. It is recommended to read the Terms & Conditions before you use the website.
- Cunnington Group has a responsibility to provide you access to services and information available on the website. If in any case you violate the Terms & Conditions or Privacy Statement, Cunnington Group may terminate or suspend your access to the website without further notice.
1. Use of website
- You must comply with Terms & Conditions at all times
You must ensure the website is being used for lawful purposes and does not violate any right of Cunnington Group with relation to:
- hindering the website or content
- laws or regulation
- hinder of any IT Hardware or Software of Cunnington Group
- distribution of any content in the website that Cunnington Group deems inappropriate or has been modified on the website
- using the website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our website, property or the property of other individuals;
- posting or transmitting to the website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
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.
- All information submitted to the website either via written or uploaded should be accurate and true and does not impose the rights of any other person. Providing accurate information allows Cunnington Group to provide you with suitable solutions. If in any case you provide your information to another individual, Cunnington Group are not held responsible by their actions.
The website is a secured site. It is your responsibility:
- To ensure the safe-keeping of all personal and confidential information that you acquire through the website.
- To ensure all your information is up to date and your login and password information is managed securely.
- Cunnington Group reserve the right to adhere with all laws in any jurisdiction to lawfully release the identity or other information that is deemed as misconduct, to a court in respect to the use of the website.
- Any misconduct or misuse of the website must be reported immediately using the contact form below
You must be a registered member to access certain features of our website.
When you register and activate your account, apply for a loan or other advance, you will provide us with personal information such as email address, mobile phone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Statement.
When you register and activate your account, your email address and/or mobile phone number will be how you can access your account. We will send you an SMS with a code, to verify who you are, at every instance you login/access your account or we will request you to log in using a password created by you. You are responsible for keeping your email address, mobile phone number code and/or password secure and are responsible for all use and activity carried out under this email address and mobile phone number.
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
- agree and warrant to use the website in accordance with these Terms.
3. Collection Notice
We collect personal information about you in order to process your account registration, and if you become a guarantor or director we will collect information about you. We use the information for the loan and other advances application to provide you with customer service and for purposes otherwise set out in our Privacy Statement
We may disclose that information to
Altitude TrustServices Pty Ltd (‘SME Fund’) as trustee for
- SME Finance Trust ABN 52 650 151 651
- Any other trust for which Altitude TrustServices Pty Ltd is the trustee and that trust makes you an offer for finance.
- The note holders from time to time who are providing finance to the trustee
- The beneficiaries of the Trusts including Altitude Funds Management Pty Ltd ABN 71 631 299 137
SME CreditLine Pty Ltd (‘CreditLine’) ABN 25 631 298 952 and SMEBL Pty Ltd (‘SMEBL’) ABN 23 631 717 265 and any Trustee which is a wholly owned subsidiary of either CreditLine and/or SMEBL
- Any trust for which SME CreditLine Pty Ltd or SMEBL Pty Ltd are the beneficiaries.
- Other financial institutions in connection with your credit application or your dealings with us;
Other Related Entities of Cunnington Group
- C & Co Corporate Services Pty Ltd t/a SME BusinessCentre and its subsidiary FinanceCloud.com.au Pty Ltd including subsidiaries or other parties in the jurisdiction outside of Australia, who will act as the Servicer of your Loan or other advance
- Ulysses IT Pty Limited who will act as the provider of technology
- All shareholders, subsidiaries, associates and related parties within Cunnington Group;
We may use third party service providers, who are not part of Cunnington Group that may include:
- Our Lawyers, Accountants and Auditors
- Those who provide and/or maintain some of our data systems and provide auxiliary services to process and manage your loan and other advance.
- Those who assist in the review, management or processing of your credit application;
- Any trade credit insurance provider who we may approach as part of your credit application or your loan or other advance.
- Payment system operators (eg merchant receiving card payments)
- Third party sites and services (refer below Third-Party Sites and Services)
- Our agents, the person who introduced you to us, contractors or other third-party service providers, to enable them to provide administrative, debt collection and other services to us;
- Credit reporting bodies or other credit providers;
- Your authorised agents or your executor, administrator or legal representative;
- Government agencies and any regulatory bodies as part of our statutory obligations, or for law enforcement purposes.
If you do not provide this information, we may not be able to provide all of our services to you.
Our Privacy Statement explains: (i) Why we collect, use and disclose information, how we store and use, and how you may access and correct your information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us using the form below.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Statement and these Terms.
4. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website. You should monitor any changes to the information contained on the website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
5. Linked sites
The website may contain links to sites operated by third parties or associates. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on any sites and have no control over or rights on any sites.
6. Intellectual Property Rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the website and in all of the material (including all text, graphics, logos, audio and software) made available on the website (Content).
Your use of the website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the website or the Content. However, we do grant you a licence 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.
Any reproduction or redistribution of the website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the website, the Content or any part of it is prohibited, except to the extent permitted by law.
7. Other policies
- Cunnington Group Privacy Statement must be complied with by all users who are using the website and agree to these Privacy Statement and terms and conditions. Please find the Privacy Statement here.
8. Warranty & Disclaimer
- Using the website is warranted at your own risk.
- Any changes on the website can be made without notice to you.
- Cunnington Group does not make any warranties or representation that the website will be error-free or virus-free or will work without interruption
- It is your responsibility to determine if the website is fit for your purpose.
- We reserve the right to restrict, suspend or terminate without notice your access to the website, any Content, or any feature of the website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Cunnington Group not liable for any loss or damage resulting from:
- any links features or information on the website due to your use of the website and/or the information or materials contained on it, or as a result of the inaccessibility of the website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not-up-to-date.
- any incidents, indirect losses or any unknown credit rating changes or every kind of damages, acknowledged and unidentified
- The website contains 3rd Party links which are not controlled by Cunnington Group, and you are held responsible for your safety and security.
- You agree to indemnify all Cunnington Group and Cunnington Group parties against all liabilities, costs and losses.
In any insistence of the following you also indemnify Cunnington Group and Cunnington Group parties of all other damages with:
- Your use of all websites within the Cunnington Group
- Your use of Cunnington Group content used on other sites or third party sites
- Your violation of the Terms & Conditions
- Your failure to comply with all regulations and laws.
- You agree to compensate Cunnington Group and Cunnington Group parties for all liabilities, costs (including to compensate any legal costs) and losses.
11. Maintenance or Upgrades to website
- Cunnington Group may go through maintenance or upgrades on the website, where the website content or any of its features may become unavailable at the point in time.
- Cunnington Group will aim to provide all users with enough notice for any scheduled maintenance.
- Cunnington Group are not held responsible for any non-performance on the website that is outside Cunnington Group control.
- All account information provided to Cunnington Group may need to be reported to credit bureaus, where late payments, missed payments or defaults on your account will affect either/both your and your business credit account.
- If Cunnington Group wish to act on any misuse of the website and the time to take action is delayed, it does not waiver such action to continue or any other Terms.
During your time on the website, you will provide consent for us to:
- Retrieve credit data information on you or your business.
- Send you marketing communication and material that are relevant to you, which is in accordance to our Privacy Statement and Cookies Policy.
- All Terms & Conditions are agreements between Cunnington Group, and the user, the financier would have additional agreements (dependent on the subject).
13. Governing Law
- Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
If there are any other concerns, please contact us using the form below