About these Terms
1.1Â These Terms govern your access to and use of the websites operated by AFG and the AFG Group, including afgonline.com.au and any subdomain, mobile-optimised version or successor site (each a Website).
1.2Â By accessing, viewing or otherwise using a Website, you acknowledge that you have read, understood and agree to be bound by these Terms together with our Privacy Policy and any other notices, disclaimers, supplementary terms or product-specific terms displayed on the Website (together, the Website Terms).
1.3Â If you do not accept the Website Terms, you must not access or continue to use the Website.
1.4Â These Terms replace any previous terms or conditions of use that have appeared on a Website.
Who can use the Website
2.1Â The Websites are intended for use by Australian residents aged 18 years or older. If you are under 18, you may use the Website only with the consent and supervision of a parent or guardian.
2.2Â Where a Website allows you to submit an enquiry, application, contact request or other transaction (an Online Service), you may only do so if you are accessing the Website from within Australia. If you are not an existing AFG customer and you access a Website from outside Australia, you must not submit, or attempt to submit, an Online Service.
Variation
3.1Â We may amend these Terms from time to time. The current version of the Terms will be displayed on the Website and dated.
3.2 If we make a material change to these Terms, we will take reasonable steps to notify users — for example, by posting a notice on the relevant Website, by email to subscribers, or by updating the issue date prominently on the Terms page — and provide a reasonable period for review before the change takes effect.
3.3Â Your continued use of the Website after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to a change, you must stop using the Website.
Information on the Website is general only
4.1Â Information on the Website (including any tools, calculators, articles, FAQs, podcasts and videos) is provided for general information purposes only. It is not, and is not intended to be, financial, credit, taxation, accounting or legal advice.
4.2Â General advice warning. Where information on the Website may amount to general advice (within the meaning of the Corporations Act 2001 (Cth)), it has been prepared without taking into account your objectives, financial situation or needs. Before acting on any such information, you should consider its appropriateness having regard to your own objectives, financial situation and needs and seek personal advice from a qualified professional.
4.3Â Calculators. Any calculator made available on the Website is provided for your convenience only and is indicative only. Outputs depend on the assumptions and inputs you provide and may not reflect the actual cost or terms of any product or service. While we have taken reasonable care in preparing our calculators, we make no warranty that any output is appropriate for your particular circumstances. Calculators are continually being improved and updated; please link to the calculator landing page rather than reproducing the calculator itself.
4.4Â The information on the Website is current at the date of publication and may be updated, varied or removed without notice. We are not obliged to update content.
Privacy and personal information
5.1Â Our handling of personal information (including credit information and credit eligibility information) is governed by our Privacy Policy. The Privacy Policy explains how we collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) (including the Australian Privacy Principles), the Privacy (Credit Reporting) Code and any related legislation.
5.2Â We will notify you and the Office of the Australian Information Commissioner of an ‘eligible data breach’ affecting your personal information in accordance with the Notifiable Data Breaches scheme.
5.3Â By using the Website, you consent to the collection, use and disclosure of personal information as described in our Privacy Policy.
Cookies, analytics and tracking technologies
6.1Â The Website uses cookies, pixels, tags, software development kits and similar technologies (Tracking Technologies) to help operate the Website, remember your preferences, measure use, optimise content and serve advertising.
6.2Â Some Tracking Technologies are operated by third-party service providers (for example, analytics, advertising or chat platforms). Information collected by Tracking Technologies may be used by us and those providers in accordance with our Privacy Policy and the providers’ privacy notices.
6.3Â You can manage Tracking Technologies through your browser settings or, where available, through the cookie preference centre on the Website. Disabling some Tracking Technologies may affect the functionality of the Website.
Internet security
7.1Â We use commercially reasonable technical and organisational measures to help protect information transmitted via the Website. However, no method of internet transmission or electronic storage is completely secure, and we do not warrant that the Website is free from interception, viruses, malicious code or other interference.
7.2Â You acknowledge that you understand and accept the risks of communicating information over the internet and you agree that, except in cases of our gross negligence, fraud or wilful misconduct (or any liability that cannot be excluded by law), we are not responsible for any breach of security of communications you choose to send via the internet.
7.3Â You are responsible for using up-to-date device and browser security and for safeguarding any passwords or credentials used to access the Website.
Acceptable use
8.1Â You must not, and must not attempt to:
(a) use the Website for any unlawful, fraudulent, deceptive or misleading purpose;
(b) interfere with, disrupt or impose an unreasonable load on the Website or any servers or networks connected to it (including by denial-of-service attacks);
(c) introduce any virus, worm, trojan, ransomware, malicious code or other harmful program;
(d) probe, scan, test the vulnerability of, or breach any authentication, security or access controls of the Website without our prior written authorisation;
(e) reverse engineer, decompile or disassemble any part of the Website (except to the extent permitted by law);
(f) submit content that is defamatory, obscene, infringing, harassing, threatening or otherwise unlawful; or
(g) impersonate any person or misrepresent your affiliation with any person or entity.
8.2Â We may, at any time and without notice, suspend, restrict or terminate your access to the Website if we reasonably suspect a breach of these Terms.
Use of artificial intelligence
9.1Â We may use artificial intelligence, machine learning and other automated tools (AI Tools) on or in connection with the Website. AI Tools may be used to:
(a) generate, summarise, translate, classify or moderate Website content;
(b) power chatbots, virtual assistants, search and recommendation features;
(c) help us triage enquiries, detect fraud, monitor security and improve user experience; and
(d) support internal business operations (including credit, compliance and analytics) in accordance with our Privacy Policy.
Our people will review all AI generated outputs prior to publishing on our Website.
9.2Â Outputs are general only. Outputs generated by AI Tools may not always be accurate, current or appropriate for your circumstances and do not constitute financial, credit, taxation, legal or other professional advice. Before relying on any information generated or surfaced by an AI Tool, you should independently verify the information and obtain professional advice as appropriate.
9.3Â No use of our content for AI training or scraping. You must not, without our prior written consent:
(a) use any automated system, robot, scraper, crawler, agent, large language model or other AI/machine-learning tool to access, copy, harvest, ingest, index, extract, mine or otherwise process content from the Website;
(b) use the Website or any AFG Content (as defined in clause 13) to train, fine-tune, ground, augment or otherwise develop or evaluate any AI or machine-learning model, dataset, foundation model or generative tool; or
(c) submit AI-generated content to us, or use AI Tools to interact with the Website, in a way that misrepresents its origin or that you know, or reasonably ought to know, would mislead us, our brokers, our customers or any other person.
9.4 Reservation of rights. We expressly reserve all rights — including text and data mining rights and our rights under the Copyright Act 1968 (Cth) — in relation to the Website and AFG Content. Nothing on the Website grants you any licence to use AFG Content for the purposes set out in clause 9.3.
9.5Â Liability. To the maximum extent permitted by law, we are not liable for any loss or damage arising from your use of, or reliance on, any AI-generated output accessed through the Website.
Spam and electronic communications
10.1Â Email and other electronic addresses published on the Website are provided to facilitate communication about AFG’s business. Their publication is not consent by AFG or any addressee to receive unsolicited commercial electronic messages within the meaning of the Spam Act 2003 (Cth).
10.2Â If you have given us your contact details, you consent to us communicating with you electronically (including by email and SMS) for the purposes set out in our Privacy Policy. You may withdraw consent to direct marketing communications at any time using the unsubscribe facility provided.
10.3Â You agree that any communication, agreement, notice or document received from you electronically is admissible as evidence on the same basis as a paper document under the Electronic Transactions Act 1999 (Cth).
Links to and from the Website
11.1Â Links to third-party sites. The Website may contain links to sites operated by third parties. These links are provided for convenience and do not signify our endorsement of any third party or its content, products or services. We have no control over third-party sites and accept no responsibility or liability for them, the goods or services offered on them, or their privacy or security practices, except to the extent liability cannot be excluded by law.
11.2Â We may receive payments or other benefits from operators or owners of third-party sites for goods or services supplied to you as a result of you linking from the Website.
11.3Â Linking to the Website. You must not establish a link to any Website without our prior written consent. Where consent is given, you must keep your link current and must not frame, mirror or imply any sponsorship, affiliation or endorsement other than as expressly approved by us. Please contact marketing@afgonline.com.au to request consent.
11.4Â Please report any broken links to marketing@afgonline.com.au.
Third-party software
Unless we expressly tell you otherwise, any software made available for download from a third-party site linked from the Website is the product of that third party and not of AFG. Such software may be subject to a separate licence agreement between you and the relevant third party. To the maximum extent permitted by law, we accept no responsibility or liability for any third-party software and provide no warranty in respect of it.
Intellectual property
13.1Â All content on the Website, including text, graphics, images, logos, audio, video, code, data, layout and design (AFG Content), is owned by, or licensed to, the AFG Group and is protected by copyright, trade mark and other intellectual property laws.
13.2Â Except as permitted by the Copyright Act 1968 (Cth) or expressly authorised by us in writing, you must not in any form or by any means reproduce, adapt, modify, upload, frame, link to, store, transmit, publish, distribute or commercialise any AFG Content. To request permission, contact marketing@afgonline.com.au. If permission is granted, you must give appropriate attribution to AFG, the relevant author and the date of first publication.
13.3Â You must not use any AFG Group trade mark, logo or branding without our prior written consent.
Use outside Australia
14.1Â The Website is intended for use by Australian residents. The products and services described on the Website are not directed at any person in any country other than Australia.
14.2Â If you choose to access the Website from outside Australia, you do so on your own initiative and you are responsible for compliance with the laws of the jurisdiction from which you access it.
No warranty
15.1Â While we have taken reasonable care in preparing the Website, we do not warrant that the Website or any AFG Content is accurate, current, complete, fit for any particular purpose or free from errors, viruses or interruption. All AFG Content is provided ‘as is’.
15.2Â You use the Website at your own risk and are responsible for ensuring that the systems and processes you use to access the Website do not expose you to harm.
15.3Â We recommend you obtain independent advice before acting on anything contained on the Website.
Limitation of liability
16.1Â Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law to the extent it cannot lawfully be excluded, restricted or modified.
16.2Â Subject to clause 16.1, to the maximum extent permitted by law, neither we nor any of our directors, officers, employees, agents or contractors are liable to you (whether in contract, tort (including negligence), under statute or otherwise) for any loss, damage, cost, expense or claim of any kind (including indirect or consequential loss, loss of profits, loss of revenue, loss of business or loss of data) arising out of or in connection with:
(a) your use of, or inability to use, the Website;
(b) any AFG Content or any output of an AI Tool;
(c) any modification, suspension or discontinuance of the Website; or
(d) any virus, malicious code or interference transmitted via the Website.
16.3Â Where our liability for breach of a consumer guarantee or other non-excludable warranty cannot be excluded but can be limited, our liability is limited, at our option, to: the resupply of the relevant goods or services; the repair of the relevant goods or services; or payment of the cost of resupply or repair.
Governing law and jurisdiction
17.1Â These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.
17.2Â You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts in respect of any dispute or claim arising out of or in connection with these Terms.
General
18.1Â Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it is to be read down to the minimum extent necessary, or if it cannot be read down, severed, without affecting the validity or enforceability of the remaining provisions.
18.2Â No waiver. A failure or delay by us in exercising any right or remedy under these Terms is not a waiver of that right or remedy.
18.3Â Assignment. We may assign or novate our rights and obligations under these Terms to any member of the AFG Group or any successor to our business. You may not assign your rights under these Terms.
18.4Â Survival. Clauses 4, 5, 7, 8, 9, 10, 13, 15, 16, 17 and 18, and any clauses which by their nature are intended to survive termination, will survive termination of these Terms or your access to the Website.
18.5Â Entire agreement. These Terms, together with the documents referred to in clause 1.2, contain the entire agreement between you and us relating to your use of the Websites and supersede any prior representations or understandings.
18.6Â Notices. Notices to AFG should be sent to The Company Secretary, Level 11, Dynons Plaza, 905 Hay Street, Perth Western Australia 6000. Notices to you may be given by posting them on the Website, by email to the address you provide, or by any other reasonable means.
Contact us
For any questions about these Terms, please contact:
Australian Finance Group Ltd
Level 11, Dynons Plaza, 905 Hay Street, Perth Western Australia 6000
Email: marketing@afgonline.com.au