These Terms and Conditions apply to the use of this Website. In using this Website and our services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website.

1. Definitions

In these Terms and Conditions:

1.1 “we”, “us”, “our” and “NOW FINANCE” are references to Wingate Consumer Finance Pty Ltd ACN 158 703 612 and in the context of the provision of credit facilities, means “NOW FINANCE” is a trademark of Wingate Consumer Finance Pty Ltd, Australian Credit Licence number 425142 as agent for and Wingate Finco 2 Pty Ltd ACN 164 213 030.

1.2 “the Website” means our website located at https://nowfinance.com.au; and

1.3 “you” and “your” are references to you as the user of the Website.

2. Your use of the Website

2.1 You are provided with access to and are authorised to download or print a copy of material contained on this Website only for your personal use. You may not, without our written permission, on-sell any information obtained from this Website. You may not use any data mining robots or other extraction tools, nor metatag or mirror the Website without our prior written permission.

2.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

2.3 You must not use this Website:

(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.

3. Disclaimers / Information appearing on the Website

3.1 Nothing on this Website constitutes an offer or intention to enter into a legally binding contract or arrangement with you or any third party.

3.2 All products and services referred to on the Website are available to approved customers only.

3.3 You accept that any information provided by us is general information and is not in the nature of advice. Any information provided on the Website is not intended to be used as a substitute for obtaining personalised professional advice from a qualified practitioner or other expert. Further, you should contact us for specific information about our products and services.

3.4 All information appearing at the Website is provided in good faith. While we have no reason to believe that any particular information (including but not limited to any product description) contained on this Website is inaccurate, to the extent permissible at law we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

3.5 The Website may contain information provided by third party financial institutions, billing organisations and others, in connection with the services we provide. We reserve the right to change as we see fit financial institutions, billing organisations and others referred to (and information about them).

3.6 Without limiting any other provision of these Terms and Conditions, we are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice.

3.7 If tools are provided on this Website (e.g. calculators) they are for illustrative purposes and the results that they provide should not be taken as constituting personalised advice. You should not rely on, and we do not guarantee the accuracy or completeness of any such tools.

3.8 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.

3.9 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

3.10 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.

3.11 In no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.

3.12 Without limiting any other provision, we only accept liability in circumstances where we have entered into a contact with you or where our liability is prescribed by law.

3.13 This Website and the products and services referred to are directed towards and intended for users located in Australia only.

4. Intellectual property rights

4.1 Copyright in this Website (including text, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website. If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.

4.2 “NOW FINANCE” is a trademark of Wingate Consumer Finance Pty Ltd, Australian Credit Licence number 425142 as agent for and Wingate Finco 2 Pty Ltd ACN 164 213 030, and may not be used expect with our prior written consent.

4.3 Without limiting our rights all trademarks, brands and logos that appear on the Website are either owned by us or we have a licence to use them. Your access to and use of our Website does not license you to use those trade marks in any commercial sense.

5. Restrictions on Use and Conduct

5.1 From time to time we may include functionality for users to upload material to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not:

(a) upload, post, transmit or otherwise make available on the Website any content that:
(i) promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness, or personal information of another person without their consent, contains pornography, nudity, sexual acts or references, contains profanities, swearing, or vulgarity, you reasonably respect to be misleading, false or deceptive (whether by representations or omissions) or contains viruses. worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.

6. Indemnity

6.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.

7. Links

7.1 This Website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

7.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

7.3 You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

8. Privacy Policy

8.1 We undertake to comply with the terms of our privacy policy which appears on our Website and maybe accessed here https://nowfinance.com.au/privacy-policy.

9. Termination of Access

9.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.

10. Governing Law

10.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia.

11. Amendments to Terms and Conditions

11.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. If you have bookmarked this Website or these Terms and Conditions you will need to ensure that the bookmarked version has been updated so that you are complying with the most recent version of these Terms and Conditions, as your access to and use of the Website is governed by the most recent version. Your continued use of the Website following such notification will represent and agreement by you to be bound by the Terms and Conditions as amended.

This policy provides information as to the kind of personal information that we collect and the ways we use it. In this privacy policy, the terms “we”, “us”, “our” and “WCF Marketing” are references to WCF Marketing Pty Ltd ACN 614 887 875.

WCF Marketing is not a credit provider, but can assist you in dealing with credit providers and credit reporting bodies. For example, WCF Marketing can help you get your credit score from a credit reporting body without leaving a ‘footprint’ of the check on your credit history. WCF Marketing can then provide that credit scores to NOW FINANCE which can make a tailored credit offer or refer your details to another appropriate crdit provider.

To see the NOW FINANCE Privacy Policy please visit http://nowfinance.com.au/privacy-policy. “NOW FINANCE” refers to Wingate Consumer Finance Pty Ltd ACN 158 703 612 and in the context of the provision of credit facilities, means Wingate Consumer Finance Pty Ltd, Australian Credit Licence number 425142 as agent for Wingate Finco 2 Pty Ltd ACN 164 213 030.

The term “Website” means the websites under the domain name nowfinance.com.au and unless the context requires otherwise, includes any other sites operated by us where this privacy policy is accessible. The term “you”, “your” and “user” refers to you as the user of the Website or our services.

We are committed to respecting the privacy and protecting the personal information of our users and customers. We are bound by privacy principles under the Privacy Act (1988) (Cth) which are applicable to private sector organisations, and other laws which govern the handling of personal information. We sometimes handle personal information relying on exemptions under these laws, for example in relation to employee records. Any permitted handling of personal information under such exemptions will take priority over this privacy policy to the extent of any inconsistency.

1 Information collection and use

We may collect various types of information from you. Some of this information is personal information, some is non-personal. Collection of non-personal information is dealt with in section 6 below.

We may collect personal information (being information about you from which your identity is apparent or can reasonably be determined) for purposes including:

1. responding to your queries;
2. assisting you in dealing with credit reporting bodies (e.g. to obtain your credit score);
3. to provide you with information about estimated credit rates with NOW FINANCE and other credit providers based on your credit score and other personal information;
4. establishing, managing, administering, evaluating and improving our products or services, including research, planning, service development, security and risk management;
5. identifying you and investigating and protecting against fraud and unlawful activity;
6. complying with laws which apply to us, assisting regulatory authorities and protecting our lawful interests;
   and
7. subject to our legal obligations and your requests to opt-out, to provide you with promotional information about financial and investment products and services on an ongoing basis, by any means including telephone, email and other electronic messages (we may also share your personal information with NOW FINANCE and our related bodies corporate and joint promotion partners for this purpose).

We may not be able to do these things without your personal information. For example, we may not be able to provide you with our services or respond to your queries.

If you do not wish your personal information to be used or disclosed for the promotional purposes described above, please contact us to express your wish to opt out.

The types of personal information collected may include your current and historical name, address, contact details, identification details, date of birth, financial details, credit score and other information that we may consider necessary.

Where reasonable and practicable to do so, we will generally collect your personal information directly from you. Collection can occur in a number of ways, including when you apply for or request information in relation to a product or service, including where you do so over the telephone or internet. Personal information may also be collected during the course of our business relationship with you, for example when discussing your existing financial position or through your use of our services. We may record your interactions with us, including your telephone conversations with us and your use of our emails and website.

Occasionally we may collect personal information about your from other sources including public sources, information brokers and third parties such as those described in the ‘Disclosure of personal information’ section below. For example, if you ask us to obtain your credit score or other details from a credit reporting body, we may do this as an ‘access seeker’ acting on your behalf under the Privacy Act.

2 Disclosure of personal information

Depending on the circumstances, we may disclose your personal information to NOW FINANCE; our agents; service providers including organisations that provide archival, auditing, debt collection, banking, insurance, marketing, advertising, valuation, mailhouse services, authentication, document management, technology and data processing services; government bodies including courts and tribunals; your executor, administrator, trustee, guardian or attorney; your agents, such as financial or legal advisers. We may also disclose personal information to other entities within the Wingate group of companies, for any of the purposes for which we may collect, use or disclose information that is set out in this policy.

We may also disclose such information as required or permitted by any law, for example in response to a subpoena or to the Australian Taxation Office, following a direction issued under taxation laws.

Some of the third parties to whom we may disclose personal information may be located in Belgium, Singapore, USA or other countries. We will comply with our obligations under the Privacy Act in relation to these disclosures.

3 Links to other websites

This Website may contain links to other third party websites. You should not assume that any linked website is operated or controlled by us. We are not responsible for the privacy practices of such other sites. We encourage you to read the privacy policies of every website that collects personal information.

4 Accessing and correcting your personal information

To make a request to access or correct any personal information we hold about you, please contact us as set out below. We may need to verify your identity. Please provide as much detail as you can about the particular information you seek, in order to help us locate it. We may charge a reasonable fee for providing access, within legal limits.

We will provide our reasons if we deny any request for access to or correction of personal information. Where we decide not to make a requested correction to your personal information and you disagree, you may ask us to make a note of your requested correction with the information.

5 Information security

We take care to protect your personal information and employ a range of technical and administrative procedures to protect such information from unauthorised disclosure or loss. We keep personal information in physical and electronic records, both at our own premises and with the assistance of our service providers.

If you are considering sending us any personal information through the Website or other electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP).

6 Collection of non-personal information

We collect non-personal information about users of the Website, including information on which areas of the Website are most often accessed and how long visitors visit those areas, and other information such as browser type, operating system, to help us manage and improve the Website.

We store information that we collect through cookies, log files, and/or third party site traffic software to create profiles of users generally.

Further information is provided below.

“Cookies” are packets of information that enable our servers to identify and interact more effectively with users’ computers. We utilise cookies which enable us to monitor such traffic patterns and to improve users’ future experiences of the Website. A cookie does not identify the user personally but it does identify their computer. Users can set their browser to notify them when they receive a cookie and this will provide them with an opportunity to either accept or reject it in each instance. Rejecting cookies may have the effect of limiting access to or functionality of parts of the Website.

Cookies used may be “session cookies”, which terminate once a user closes their browser. We also may use “persistent cookies” which is a small piece of text stored on a user’s computer for a defined period of time, after which the cookie is erased.

In some cases third parties may use cookies and other technologies such as web beacons and JavaScript on the Website in connection with online services like banner advertising, website analytics and surveys. This may allow them to collect information about your use of our website (including your computer’s IP address) which they may store in the United States or other countries. The use of these technologies allows them to deliver customised advertising content, measure the effectiveness of their advertising, evaluate users use of the Website and other websites and provide other services relating to website activity and internet usage. Those third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf. The services we may use from time to time include Google Analytics, Google AdSense, DoubleClick, Yahoo, Adobe and Microsoft. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct.

Like most standard website services we use log files. This includes internal protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personal information.

7 Other

In the event that any part of our business or its assets is ever sold, acquired, merged, liquidated, reorganised or otherwise transferred, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained therein to a third party acquiring the assets. While any transaction of this sort is being considered, we may also make limited relevant personal information available to prospective purchasers and legal and financial advisors and other relevant parties on a confidential basis.

8 Changes to this policy

We reserve the right to make changes to this policy. Such changes will be posted on this Website and we will publish the effective date when the statement is updated.

If you have bookmarked this policy (or the Website) you will need to ensure that the bookmarked version has been updated so that you are aware of the most recent version of this policy.

Last update: 30th October 2017

9 Contacts

If you have any questions, concerns or feedback about privacy, please contact our Privacy Officer as set out below:

Address: WCF Marketing, P.O. Box 24314, Melbourne VIC 3000
Physical Address: Level 2, 420 St Kilda Road, Melbourne VIC 3004
Phone: 1300 275 669
Email: marketing@nowfinance.com.au

We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response. We aim to resolve your concerns in a fair and efficient manner. If however you are unsatisfied with our response, you can lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

The OAIC’s contact details are:
GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992

Further contact details and information about the OAIC and privacy are available from the OAIC’s website (www.oaic.gov.au)