User Eligibility & Warranties

1. 1. 1. By accessing our website or services, you represent and warrant that:
         1. You are at least 18 years of age; and
         2. You have the legal capacity to enter into contracts and make legally binding decisions regarding credit and financial matters.
         3. You are the legal property owner, or you have been duly authorised by the property owner(s), borrower(s), or relevant entity to discuss, negotiate, or arrange mortgage-related services on their behalf;
         4. Any actions you take on behalf of another person or entity are within the scope of authority granted to you by that person or entity.
      2. Accuracy of Information: You agree that any information you provide to us (including personal, financial, or credit-related information) is accurate, complete, and up-to-date. You must promptly inform us if any of your information changes. 

General Information Only

1. 1. 1. No Personal Advice: All information provided via our website, emails, marketing materials, rate monitoring services, or other communications is general in nature. It does not constitute specific financial, legal, or tax advice.
      2. No Guarantee of Outcomes: We strive to present accurate, up-to-date information to assist users in finding suitable loan products. However, market conditions can change quickly, and published rates or offers may no longer be valid at the time of your inquiry. We make no guarantees or warranties regarding approval, specific lending terms, or the availability of certain loan products.
      3. Independent Advice: Always seek tailored advice from qualified professionals regarding your individual financial needs and objectives before making decisions.

Scope of Services & Limitations

1. 1. 1. Our primary role is to introduce borrowers to potential lenders, products, or services. We do not make credit decisions; lenders have their own criteria, conduct credit checks, and determine final approvals.
      2. Where provided, rate monitoring services or alerts are indicative only. We do not guarantee that these services will always identify the best available offer, as lender rates and products change frequently.
      3. We comply with responsible lending obligations under the NCCP Act. We will make reasonable inquiries into your financial situation and objectives, but you remain responsible for fully reviewing loan terms before committing.

Regulatory Compliance

1. 1. 1. Finance Differently Pty Ltd is an Authorised Credit Representative (CRN 454531) of Mortgage Specialists Pty Ltd (Australian Credit Licence 387025). We comply with all applicable credit laws, industry standards, and ASIC regulations.
      2. Where required under Design and Distribution Obligations (DDO), certain credit products may have Target Market Determinations. These TMDs are prepared and maintained by the relevant product issuer. We adhere to these obligations when we distribute such credit products.

Borrower Risk Warning – Understanding Loan Obligations

1. 1. 1. Taking out a mortgage or any form of credit is a serious financial commitment. Borrowers should carefully assess:
         1. their ability to meet ongoing repayments, including potential interest rate changes;
         2. the fees, charges, and total cost of borrowing; and
         3. the terms and conditions of any loan agreement before signing.
      2. Failure to meet loan obligations may result in financial hardship, credit score impact, or repossession of secured assets. We strongly recommend seeking independent financial advice before committing to a loan.

Third-Party Websites and Services

1. 1. 1. Our website, social media, or marketing materials may include links to third-party sites or services. We do not control or endorse these external sites and disclaim responsibility for their content, policies, or services. 
      2. Any interactions or transactions you enter into with external service providers are solely at your own risk.

Marketing & Social Media Disclaimer

1. 1. 1. Content shared via the Finance Differently website, emails, social media platforms, and advertisements is for informational and promotional purposes only. It should not be considered financial advice. In particular: 
         1. any statements regarding interest rates, loan products, or financial benefits are general in nature and subject to lender terms and market changes;
         2. engagement with our marketing material does not establish a client-broker relationship until a formal agreement is signed;
         3. testimonials or case studies presented do not guarantee similar results for other clients; 
         4. indications of past savings or performance are no indication of future achievable savings or performance and you should carefully consider your own position and the products being offered to you.
      2. We encourage all potential borrowers to consult with a professional before making financial decisions.

Rate Protect Service 

1. 1. 1. Rate Protect is an optional service offered for a one-time fee of AUD $249 (price subject to change). By purchasing Rate Protect, you authorise us to monitor your interest rate daily and compare it with reputable banks’ rates for comparable mortgage products.
      2. Where we identify a comparable product at a rate 0.25% lower than your current interest rate, we will:
         1. Contact Your Existing Lender: We will call your lender to request a rate match on your behalf and notify you of the outcome; and 
         2. Refinance Option: If the lender declines to match, we will email you with potential savings (accounting for fees and costs) if you choose to refinance.
      3. You must manually re-link your accounts every 12 months (or as otherwise directed) for us to continue monitoring your rate. Failure to do so may prevent us from providing effective monitoring or updates.
      4. We do not guarantee that your current lender will match a lower rate, nor do we guarantee that refinancing will be beneficial to you. Any refinance or new credit application remains subject to lender criteria.
      5. The effectiveness of Rate Protect is reliant on timely account re-linking and technological factors. Interruptions or failures in monitoring may occur despite our best efforts.
      6. We reserve the right to modify or discontinue Rate Protect (including the fee) at any time. If changes affect existing subscribers, we will endeavor to provide reasonable notice.

Privacy & Data Protection

1. 1. 1. We collect and use personal information in accordance with the Privacy Act 1988 (Cth). Details on how and why we collect personal data are available in our Privacy Policy.
      2. Our website may use cookies or other tracking technologies. By continuing to use our services, you consent to these practices as explained in our Privacy Policy.
      3. We implement reasonable measures to protect personal information; however, no system is completely secure. You acknowledge and accept the inherent risks associated with electronic data transmission.
      4. By using our services, you consent to our data practices as outlined in our Privacy Policy.

Website Terms of Use

1. 1. 1. You agree not to misuse our website or services, including posting unlawful, defamatory, or malicious content, or attempting unauthorized access to our systems or data.
      2. All content on our website (e.g., text, graphics, logos, software) is owned or licensed by Finance Differently. You may not reproduce, distribute, or modify it without our explicit written permission.

Accuracy & Timeliness of Information

1. 1. 1. Information on rates and products is subject to change without notice. We make reasonable efforts to keep our content current but do not guarantee its accuracy or timeliness.
      2. We reserve the right to update, amend, or remove content (including rates or product details) at any time without liability for any loss or inconvenience to you.

Breach of Terms

1. 1. 1. If you breach these Terms or any of the applicable policies, we reserve the right to:
         1. issue a warning or suspend your account;
         2. terminate your account permanently; and
         3. take further legal action where appropriate. 

Limitation of Liability

1. 1. 1. Finance Differently, its directors, employees, and representatives shall not be liable for any direct, indirect, or consequential loss resulting from your use of our services or reliance on information provided.
      2. To the fullest extent permitted by law, our liability to you in connection with your use of the Platform is limited to the total fees paid by you to us in the 12 months prior to the claim arising. We are not liable for:
         1. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses;
         2. any inaccuracies, errors, or omissions in the information provided by third parties;
         3. any reliance on information provided to us by third parties, including where there have been changes to lenders terms;
         4. damages arising from unauthorised access to or misuse of your account or data by third parties, except where such loss arises from our gross negligence; or
         5. any other matter beyond our reasonable control, including force majeure events such as natural disasters, cyberattacks, or government actions.
      3. Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation which cannot be excluded, restricted, or modified by agreement. Where such laws apply, our liability is limited to the maximum extent permitted by law.

Amendments

1. 1. 1. We reserve the right to amend or update these Terms of Use & Legal Disclaimer at any time without prior notice. Continued use of our site or services after such changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

Dispute Resolution

1. 1. If you have a complaint, please contact our complaints team at hello@fdly.au. We strive to resolve disputes promptly through our Internal Dispute Resolution (IDR) process.
   2. If you are not satisfied with our response, you may escalate your complaint to the Australian Financial Complaints Authority (AFCA), of which we are a member.

• Website: www.afca.org.au
• Phone: 1800 931 678

Governing Law

1. 1. These Terms are to be governed and construed in accordance with the laws of New South Wales.