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Lending Hub Website Terms and Conditions of Use

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Lending Hub is an online peer to peer loans community that connects people with money to lend to people who need to borrow money. Lending Hub works in a controlled and regulated environment that allows members to interact anonymously (from each other). To make sure that a secure and safe community is maintained we have developed these terms and conditions of use to assist all members. These terms and conditions explain what you can expect from us, what we expect from you, and what members can expect from each other and these terms and conditions will apply to you whenever you browse, transact or interact on the site.

 

You should carefully read these terms and conditions of use before using this site. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms, you should exit the Lending Hub site immediately.

 

Introduction

1)       The following are the terms of a legal agreement (the "Agreement") between you (also referred to as a member or user) and Lending Hub (owned and operated by SVConcepts Pty Ltd) that sets forth the terms and conditions for your use of the Lending Hub web site at lendinghub.com.au (the "Site"). This Site is being provided to you expressly subject to this Agreement and by accessing, browsing or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.

2)       Lending Hub reserves the right to amend this Agreement at any time without expressly notifying you. You should periodically check the Lending Hub site for the latest version of this Agreement. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Lending Hub may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

3)       The Lending Hub web site services includes information and features that you can access and use, including borrowing and lending accounts and related services, monitoring your loans, participating in groups and any other features or content we may add in the future (the "Services").

4)       Should you become a registered Lender or Borrower with Lending Hub then you will also need to agree to a Lender Agreement or Borrower Agreement.

 

Eligibility to Use Lending Hub's Services

5)       To apply as a Borrower or Lender with Lending Hub you must hold an Australian bank account and be at least eighteen (18) years of age or older (the "Eligibility Criteria"). By using the Service or the Site, you represent and warrant that you are 18 or older and have an Australian bank account. Lending Hub may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site without limitation if we believe that you do not comply with the Eligibility Criteria.

 

Registration

6)       To access the full range of Lending Hub services and to view all the available details of loan listings we require that you register yourself as a member of Lending Hub ("Member") using a valid email, a screen name (also called a username) and that you choose a secure password. You are responsible for maintaining the confidentiality of your password and you are fully responsible at all times for all activities that occur using your password. Please notify us immediately of any unauthorized use of your password or any other breach of security. You may not use anyone else's password at any time.

 

Collection of Information

7)       You authorize and consent to our access to and collection of your information from time to time at our discretion in order to provide or offer the web site services to you. You acknowledge and agree that our access is based on your express consent in order to provide the web site services and does not constitute a breach of any privacy policy or a failure to safeguard the confidentiality of your financial records. Lending Hub may rely on this authorization and consent until it receives your express revocation and has a reasonable time to act upon your revocation.

 

Permission to Publish Certain Personal Information

8)       You grant us permission in perpetuity to use any of your loan listing, your online profile or other information that you provide to us for public display (except any information that reveals your identity). Your publicly visible information will include (but is not limited to and we reserve the right to vary without notice), your Lending Hub username or screen name, the date you joined Lending Hub, city or state you reside in, your Lending Hub group or connections to other Lending Hub members. We will also display your Lending Hub Credit Grading, number of defaults or bankruptcies filed with the credit information bureau and your Debt-to-Income ratio.

 

Our Privacy Policy

9)       Lending Hub has defined practices and policies with respect to the collection and use of personally identifiable information which are outlined in Lending Hub's Privacy Policy. No part of this Agreement is intended to contradict any of our privacy policies.

 

No Soliciting of Information or Disclosing Other Member Information

 

10)   A member of Lending Hub may not request, require or accept another Lending Hub member to provide proof of identity, proof of employment, financial statements, a credit report, or authorization to obtain a credit report as a condition to bidding on listings. In particular borrowers should not provide such information. When a borrower creates a listing, Lending Hub obtains the borrower's credit rating and other bureau information that we display as part of the loan listing.

11)   In addition you agree to not to post, upload, display, transmit, share, store, publish or make publicly available on the Site or on any other website, or in any email or other medium of any kind, any private or personally identifiable information of any other Lending Hub member. This information includes but is not limited to, names, dates of birth, addresses, phone numbers, email addresses, Medicare numbers, driver's license numbers, bank account or credit card numbers, personal financial details, or education or school details, and applies whether or not such information is already in the public domain or is displayed or inferable on the Site, or obtainable from third-party sources unrelated to the Site (such as search engines or social networking sites).

 

Other Restricted Activities

12)   When you use the Site, or the Lending Hub's services, or in the course of any interactions with Lending Hub, you agree that you will not:

a)       Breach this agreement or any other agreement or policies that you have entered into with Lending Hub

b)       Violate any law, statute, ordinance, or regulation.

c)       Act in a manner or post any comments that are threatening, harassing, defamatory, false, inaccurate, misleading, defamatory, or contain libellous content.

d)       Post any materials or content that is offensive, discriminatory or unlawful.

e)       Provide false, inaccurate or misleading Information.

f)         Pay for your transactions with what we reasonably believe to be potentially fraudulent funds.

g)       Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

h)       Use an anonymising or anonymous proxy or other technique to prevent is from identifying your location or your IP address.

i)         Control an account that is linked to another account that has engaged in any of these restricted activities. We may use evidence other than the account information to determine whether you control an account in someone else's name, including but not limited to IP addresses, common business names, PayPal accounts, phone numbers and mailing addresses.

j)         Use the services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Lending Hub or you.

k)       Post, upload, email, transmit, publish or otherwise make public any; unsolicited materials, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications whether this be via email or via posting of information on the Site.

 

Lending Hub's Rights to User Content

13)   All content posted by you on the Lending Hub site, including comments, remarks, discussions, ideas, know-how, techniques, graphics, photos, images or other materials (collectively, "User Content") will be deemed to be the property of Lending Hub, and we will be entitled to use any User Content for any purpose, without restriction (except with respect to our Privacy Policy or applicable copyright laws) or compensation to the individual who has provided this User Content. You must post User Content that you either created, own or have permission to use. Lending Hub reserves the right to remove any User Content, loan listing, member profiles or other materials that may infringe copyright.

 

Site Content, Brands and Trademarks

14)   You acknowledge and agree that we own all rights to our web site and all the content displayed on the site, including, but not limited to, the Lending Hub logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively the "Site Content"). The Lending Hub web site service, content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by Lending Hub, its affiliates or agents.

15)   You agree that Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Lending Hub. You acknowledge that the Site Content is and shall remain the property of Lending Hub. You may not modify, transform, participate in the sale or transfer of, or create derivative or modified works based on any Site Content, in whole or in part.

16)   Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Lending Hub Site Content or trademarks displayed on this Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written permission. We prohibit the use of any of the Lending Hub trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

 

No Advice Service

17)   Lending Hub does not provide legal, tax, financial planning or investment advice or any form of advice regarding the suitability, profitability or appropriateness of any of its services. Any of the services offered by Lending Hub may not take into account your personal financial situation or your personal investment objectives. You should consult a financial planner or tax professional regarding your specific financial situation.

 

Limited Distribution

18)   This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and Content no distribution or solicitation is made by Lending Hub to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.

 

Monitoring and Moderation of Site Content

19)   You acknowledge and agree that Lending Hub has the right to monitor the Site and/or to moderate Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. Lending Hub however has no obligation to monitor or moderate content on the Site.

20)   Lending Hub may monitor emails or other communication between Lending Hub's members on the Site and may withdraw member to member communication services or facilities at any time. Lending Hub reserves to right to restrict any member's activities on the Site that Lending Hub deems to be in breach of this or any other Lending Hub Agreement or policy .

 

Third Party Sites

21)   This site may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (the "Third Party Sites"). Lending Hub cannot control and has no responsibility for the accuracy or availability of any information provided on these Third Party Sites. You acknowledge that use of any Third Party Sites is governed by the terms of use and privacy policy for those websites, and not by this Agreement or our privacy policy. Links to pages on Third Party Sites does not constitute an endorsement or recommendation by Lending Hub of such sites or the content, products, advertising or other materials presented on such sites We present these links purely as a convenience to you and you access them at your own risk. In addition we make no warranties or representations as to the security, reliability or integrity of any Third Party Sites.

 

Disclaimer

22)   None of lending hub, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (referred to collectively as the " lending hub parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and lending hub disclaims liability for errors or omissions in the content.

23)   This site and all of the content is provided "as is", without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. Lending hub parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are cannot be excluded or restricted under the applicable laws.

 

24)   Lending hub may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and lending hub parties do not undertake any obligation or responsibility to update or amend any such information. Lending hub reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.

 

Limitation of Liability

25)   under no circumstances will lending hub parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if lending hub parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Lending hub is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that lending hub parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

 

Indemnification

26)   You agree to indemnify and hold harmless Lending Hub Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Lending Hub Parties in connection with any claim by a third party (including any intellectual property claim) arising out of any materials and content you submit to, post to or transmit through the Site, or your use of the Site in violation of this Agreement or in violation of any applicable law. You agree to indemnify and hold harmless Lending Hub Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

 

Other Lending Hub Agreements

27)   This Agreement shall be subject to any other agreements you have entered into with Lending Hub. Should there be any conflict between this agreement and any other agreements (such as a Borrowing or Lending Agreement) then the agreement that has most recently been signed, executed or agreed to by the Member shall be taken as having precedence. Some sections or pages of the Site may contain separate terms and conditions of use which are to be taken as addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or applicable service.

28)   To access Lending Hub's services you will also need to agree to receive notices, information and other disclosures in electronic form. Lending Hub does all its business either online or via email which are disclosed in detail the Borrower Agreement or Lender Agreement.

 

Waiver and Severability

29)   Failure by Lending Hub to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

Supersedes Previous Terms and Conditions

30)   This Agreement supersedes any previous Terms of Use Agreement.

 

Termination

31)   This Agreement is effective until terminated by us. We may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, at our discretion with or without notice. This Agreement shall survive termination of your use or access to the Site.

 

Governing Law and Jurisdiction

32)   This Agreement and all other aspects of your use of the Site shall be governed by the laws of the state of New South Wales, Australia. You agree that you will notify Lending Hub in writing of any claim or dispute concerning or relating to the Site and give Lending Hub a reasonable period of time to address your claim or dispute before bringing any legal action against Lending Hub.

 

How to Contact Us

33)   If you wish to contact us regarding this agreement or any of Lending Hub's services you can do so at any time using the form at provided on the Contact Us page (this page also contains our contact details such as our fax and mail addresses).

Should your matter be regarding the removal of another Member's loan listing or a copyright claim then please provide detailed information to support your claim or request.