The Magnolia Lane Services are operated by or on behalf of Magnolia Lane Financial Services Pty Ltd (ACN 600 900 329) (“Magnolia Lane”, “We”, “Us” or “Our”) to assist Our customers (“You”, “Your” or “Customer”) to obtain asset finance and/or related services for certain Qualified Transactions.
By accessing and/or using the Magnolia Lane Services, You confirm that You have read, understood and agree to be bound by these terms of service (“Terms of Service”).
If You do not agree to these Terms of Service, You must not use or access the Magnolia Lane Services.
1. Magnolia Lane Financial Services
Magnolia Lane offers a variety of asset finance and/or related financial services from time to time.
More complete descriptions of Our services are included on Our Website.
The Magnolia Lane Services allow You to compare similar proposals for the financial products and services You are looking for. Magnolia Lane uses information You supply to contact third party financial providers to seek finance proposals and services on Your behalf. Magnolia Lane does not provide financial products or services to You directly at any time.
(a) The Magnolia Lane Service provides You with factual information, advertisements and links to other websites related to financial products and services and contains general recommendations about financial products and services.
(b) If You apply for a financial product or service from Us, We will use the information We collect about You and provide it to Third Party Financiers to allow their consideration of Your information and if appropriate, to enable them to make a proposal to You for the financial product or service You request.
(c) The Magnolia Lane Service itself does not contain recommendations, suggestions or advice about the suitability of a particular financial product or service taking in account Your specific requirements, or Your individual circumstances.
(d) Before acting on the information and guidance provided by the Magnolia Lane Services or from one of Our third party finance service providers, You should evaluate Your own individual needs, objectives and situation and which products are suitable for You and, if necessary, seek independent financial or investment advice before making a decision to acquire any financial product or service.
(e) You agree that Your use of and access to the Magnolia Lane Services is at Your own risk, and You agree that Magnolia Lane makes no guarantee, warranty or representation as to the availability or reliability of the Magnolia Lane Services. Magnolia Lane does not provide financial products or services to You directly and is not liable to You in any way in the event of any disagreement related to any financing transaction with a third party referred to You through Our Magnolia Lane Service. We make no guarantees or representation that any of Our finance service partners will provide the financial product or services You request.
To apply for Our service
(a) By applying for the Magnolia Lane Services from Us, You agree that Magnolia Lane will collect financial and other information about You, any security you are providing and the asset(s) for the financial services you request. We will use information We collect about You and the service You request and forward it to appropriate third party financiers to allow consideration of Your application for financial products or services.
(b) Third Party Financers and Magnolia Lane may seek further information from You at any time to allow them to further progress Your application for financial products or services. Your failure to supply further information promptly, or at all, may result in Your application for finance being rejected by some or all of the Third Party Financers.
Third party Financial service providers
(a) In the event that a Third Party Financier elects to offer a financial product or service to You, Magnolia Lane will be contacted by the Third Party Financier and We will work with You directly to complete the application for the financial product or service requested by You.
(b) Magnolia Lane makes no representation or other assurance that any Third Party Financiers will evaluate any request or to provide a financial product or service to You.
(c) Magnolia Lane will not be a party to any transaction between You and the Third Party Financer.
2. The Services Offered by Third Party Financiers
(a) The Third Party Financier websites are owned, operated and controlled by third parties and not by Magnolia Lane. All third party websites are subject to third party terms and conditions.
(b) Any marketing material, product and service descriptions of the financial products or services that may be offered are provided by third parties and not by Magnolia Lane, except for the Magnolia Lane Services.
(c) Magnolia Lane takes no responsibility for any marketing material, product and service descriptions supplied by any third party (including but not limited to product and service descriptions, availability and calculators) and does not warrant that any such third party marketing material, product and service descriptions is accurate, complete or up-to-date.
(d) The financial products and services quoted and compared on Magnolia Lane Service are not representative of all the services available in the market.
(e) At times, not all financial products or services from all Third Party Financiers may be available.
3. Privacy and Data Collection
(b) We will use the information We collect about You to contact Third Party Financiers to provide a proposal to You for the financial product or service You request.
(c) Magnolia Lane will collect details about You and the financial product or service You request and submit them for consideration with Our finance provider partner companies. If You agree to proceed with a proposal for a financial product or service from one of Our Third Party Financiers, You will enter into an agreement with them directly.
(d) You expressly agree that Magnolia Lane may pass on Your personal information (including all details relevant to the Qualified Transaction) to Third Party Financiers when You have elected to access and/or use the Magnolia Lane Services to seek asset finance and/or related services from Magnolia Lane.
You are not required to pay Magnolia Lane for use of the Magnolia Lane Services. You may be charged fees by Third Party Financier if You elect to proceed with a proposal for finance for a Qualified Transaction.
Magnolia Lane may receive a commission from Third Party Financiers, in connection with the Magnolia Lane Services, and the referring party may also receive a commission.
6. Use and Access
(a) The Magnolia Lane Services and Content contained on it are made available only to genuine bona fide persons or businesses seeking financing arrangements for their Qualified Transactions.
(b) You must not (or permit a third party to) use the Magnolia Lane Services or any Content supplied through them:
(i) for commercial purposes (including for Your competitive advantage or to the competitive disadvantage of Magnolia Lane and its related bodies corporate and affiliates);
(ii) in any manner that is inconsistent with the purpose for which the Magnolia Lane Services are provided;
(iii) to reverse engineer, disassemble or otherwise attempt to construct or identify the Magnolia Lane Services’ source code, formulas or processes;
(iv) to use, access or retain any Content in any manner or form whatsoever, unless expressly permitted by these Terms of Service;
(v) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content;
(vi) do anything which will or may damage or disrupt access to or interfere with the proper operation of the Magnolia Lane Service, Website or damage Magnolia Lane’s reputation;
(vii) in any other way which is not expressly permitted by these Terms of Service or by Magnolia Lane.
7. Consent to Contact
By accessing and/or using the Magnolia Lane Services, You:
a) agree to accept electronic delivery of documents via the Magnolia Lane Services or to an email or SMS address nominated by You; and
b) consent to receive communications (including advertising and promotional material) and documents from Third Party Financiers and any other third parties providing financial products or services for Magnolia Lane in connection with the Magnolia Lane Service.
8. Limitation of Liability and Indemnity
(a) To the maximum extent permitted by law, Magnolia Lane disclaims any and all liability in relation to, or arising out of, Your access and/or use of the Magnolia Lane Service.
(b) Magnolia Lane is not, itself, offering or providing finance to You, and is not liable in any manner for any financing arrangements that may be made between You and any Third Party Financiers.
(c) If You have any queries or concerns in relation to the finance terms offered or provided by Third Party Financiers, then You should discuss them directly with the Third Party Financiers and/or seek professional advice.
(d) To the maximum extent permitted by law, You agree to indemnify Magnolia Lane, its related bodies corporate and affiliates, and each of their respective directors, officers, employees, agents and contractors from and against any and all losses and/or liabilities suffered or incurred by any of them arising out of, or in connection with, Your access and/or use of the Magnolia Lane Service or Your breach of these Terms of Service.
Magnolia Lane warrants that it holds all applicable authorisations and licences, as required by law, to provide the Magnolia Lane Service. Without limiting the above, Magnolia Lane warrants that the holder of an Australian Credit Licence 487299 under the NCCP Act, and this authorises Magnolia Lane to carry on business as an intermediary and provide credit services in respect of consumer credit regulated by the NCCP Act.
10. Copyright and Trademarks
(a) Copyright in the Material on this Website is owned or licensed by Magnolia Lane.
(b) Except where necessary for viewing the material on this Website on Your browser, or as permitted under the Copyright Act 1968 (Cmwth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Magnolia Lane.
(c) “Magnolia Lane”, and all associated trademarks, are trademarks of Magnolia Lane Financial Services Pty Ltd (ACN 600 900 329).
11. Changes to Terms of Service
These are the current Term of Service. They replace any other Terms of Service published on the Website to date. Magnolia Lane may at any time vary the Terms of Service by publishing the varied Terms of Service on the Website. By using/continuing to use the Website, You accept the new Terms of Service.
12. Governing Law
This document is governed by and is to be interpreted according to the laws in force in the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts operating in New South Wales, Australia.
In these Terms of Service:
Content means the content, text, data, information, images, pages, materials, tools and results contained on the Magnolia Lane Services;
Customer means a customer who has accessed the Magnolia Lane Service and who may have applied for and/or been accepted by Magnolia Lane to receive Our Magnolia Lane Service.
Magnolia Lane Service(s) means the third party financial products and services promoted on the Website.
NCCP Act means the National Consumer Credit Protection Act 2009 (Cth).
Qualified Transaction means a transaction referred to by You and accepted by Us for a Magnolia Lane service
Third Party Financer may include any entity or business selected by Magnolia Lane (in its sole discretion) to provide You with finance services related to these Terms of Service.
Website means the Magnolia Lane website located at www.magnolialane.net.au and all other Magnolia Lane websites used for the provision of the Magnolia Lane Services.
If you are seeking information on our complaint handling process please refer to our Internal Dispute Resolution page.