Terms of Service

Welcome to Owly Finance ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Services").

Owly Finance operates as a lead generation and broker matching platform, connecting consumers seeking loans with licensed mortgage brokers and financial institutions in Australia.

By using our Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

To use our Services, you must:

• Be at least 18 years of age
• Be a resident of Australia
• Have the legal capacity to enter into binding contracts
• Provide accurate and truthful information
• Not have been previously banned from using our Services

For Brokers, additional requirements include holding a valid Australian Credit Licence (ACL) or being an authorised credit representative.

4.1 For Consumers

We provide:

• A free platform to submit loan applications
• Matching with up to 3 qualified mortgage brokers
• Loan calculators and educational resources
• Application tracking and status updates

4.2 For Brokers

We provide:

• Access to qualified consumer leads
• Lead management dashboard
• Performance analytics
• Customer review system

You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Comply with all applicable Australian laws and regulations
• Not use the Services for any illegal or fraudulent purpose
• Not attempt to interfere with or disrupt our Services
• Not scrape, copy, or redistribute our content without permission

By submitting an application through our Services, you:

• Consent to us sharing your information with matched brokers and lenders
• Authorize matched brokers to contact you via phone, email, or SMS
• Consent to credit checks being performed by lenders (where applicable)
• Understand that your information may be stored and processed in accordance with our Privacy Policy

You may withdraw your consent at any time by contacting us at info@owly.com.au.

7.1 Consumer Fees

Our Services are free for consumers. You will never be charged for submitting an application or being matched with brokers through our platform.

7.2 Broker Fees

Brokers pay fees for accessing consumer leads. Fees are disclosed during broker registration and are subject to change with notice.

7.3 Third-Party Fees

You may incur fees charged by lenders, brokers, or other third parties. These fees are independent of Owly Finance and should be discussed directly with the relevant party.

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilation thereof (collectively, "Content"), are the exclusive property of Owly Finance and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Content without our prior written consent.

We specifically disclaim:

• Any responsibility for the actions or conduct of brokers or lenders
• Guarantees regarding loan approval or terms
• Accuracy of third-party information or calculators
• Fitness for a particular purpose
• Non-infringement of third-party rights

To the maximum extent permitted by Australian law, Owly Finance shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Our total liability to you for all claims arising from or related to the Services shall not exceed AUD $100 or the amount you paid us in the 12 months preceding the claim (whichever is greater).

Note: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition implied by Australian Consumer Law where doing so would be unlawful.

You agree to indemnify, defend, and hold harmless Owly Finance, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any false or misleading information you provide

We may suspend or terminate your access to our Services at any time, with or without cause or notice, including if we believe you have violated these Terms.

You may discontinue use of our Services at any time. Upon termination, your right to use the Services will immediately cease.

Sections that by their nature should survive termination (including but not limited to disclaimers, limitations of liability, and indemnification) shall survive.

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Before commencing legal proceedings, you agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.