Welcome to www.ourmoneymarket.com and its subdomains (“Website“).
The Website is owned and operated by OurMoneyMarket Holdings Pty Ltd ABN 30 614 872 105 of Level 18, 50 Bridge Street, AMP Centre, Sydney NSW 2000 (“OMM“) (referred to in this document as “OurMoneyMarket Holdings”, “we” “our”, or “us”). References to “OurMoneyMarket Holdings”, “we”, “our” and “us” includes OMM’s related entities. The term “you” or “your” are references to the person or entity accessing or using the Website, including use for the purposes of applying for any of the loans or any of the investments made available through or in connection with the Website (“Products“).
2. Types of Users
While we allow you to access and browse the Website anonymously, in order to register an interest in becoming an investor or applying for a loan you will need to provide certain personal information to us to enable us to contact you (at which point you will become an “Interested User“).
In order to apply to become an investor or for a loan, you will need to create a user profile with us (at which point you will become a “Registered User“).
Once you have submitted your request to create a user profile with us, we will ordinarily send you an email requiring you to verify the email address provided. We may refuse any request to create a user profile with us and we do not need to give reasons for doing so.
We may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users, Interested Users or Registered Users.
If you are an Interested User or a Registered User, you:
a. warrant that you are 18 years of age or above;
b. warrant that you are properly authorised to provide OurMoneyMarket Holdings with any information which you provide;
c. agree to provide true, accurate and complete information and to keep this information up-to-date;
d. agree to OurMoneyMarket Holdings contacting you via the personal information you provide; and
If you are a Registered User, you:
a. must not disclose your login credentials for the Website to any other person;
b. acknowledge that the login and password are for your personal use only;
c. must take reasonable care when accessing the Website to ensure that your login credentials are not disclosed to any other person or is observed by any other person; and
d. if you have lost you login credentials, or you have any reason to believe that someone else has access to your account, you must notify us by emailing email@example.com immediately; and
e. must change your password on a reasonably frequent basis and each time we prompt you to do so.
OurMoneyMarket Holdings has no obligation to any User to assist or involve itself in any way in any dispute between Users.
3. General Information Only
The purpose of the Website is to provide Registered Users an online platform that facilitates loans to consumers, funded by investors who can view and select individual loans or loan pools (meaning a pre-selected collection of individual loans) they wish to be exposed to.
The information contained in the Website is and should only be used as general information only. It is not to be taken as advice. The information on the Website does not take into account the particular circumstances, investment or borrowing objectives and needs for an investment or a loan, or purport to be comprehensive or constitute advice and must not be relied upon as such.
OurMoneyMarket Holdings is not liable for any loss resulting from any action taken or reliance made by you on any information or material on the Website. To satisfy yourself that a loan or investment is satisfactory for you, you should make you own inquiries and consult a financial adviser to help you form your own opinion of the information, and whether the information is suitable for your individual needs and aims. You should consult appropriate professional advisors on any legal, stamp duty, taxation and accounting implications of making an investment or borrowing any money.
4. Information Specific for Investors
4.1. How it Works Anyone wishing to invest will need to complete an application form online. We will independently verify the identity of any investor or representative, shareholder, beneficiary or guarantor of an investing entity. You represent and warrant that you have the full authority to engage in any investment you undertake and bind any investing entity you represent.
Investors will invest in “cash units” in the OurMoneyMarket Investment Trust (“MIS“) as described in the Product Disclosure Statement (available at www.ourmoneymarket.com/legal/pds). The Trustee of the MIS is Melbourne Securities Corporation Limited ACN 160 326 545 (Australian Financial Services Licence 428289 Australian Credit Licence 428289).
Once you have invested in “cash units”, you will be able to view the details of loans made available for investment on the OurMoneyMarket Holdings online lending platform (“OurMoneyMarket Platform“).
A “cash unit” investor may be invited to convert their “cash units” into “committed funding cash units” (as described in the MIS Constitution) in the MIS in which case the investor will be issued an investment order.
You agree that by confirming the investment order, you make an irrevocable, binding and legally enforceable offer to invest in one or more loan investments listed in the investment order. By confirming the investment order you are entering into an agreement with OurMoneyMarket Pty Ltd (“OurMoneyMarket“), the Manager of the MIS, in accordance with the terms of the offer set out in the MIS Constitution, the investment order and any other document referred to or accompanying the investment order.
If your investment order is successful (and subject to a loan being issued to the respective borrower), an equivalent amount of your “cash units” will be converted to “committed funding cash units” in the MIS.
You represent and warrant that you have the full authority to engage in any transaction you undertake.
You will be liable for all costs, fees, charges and other amounts which may become payable to OurMoneyMarket or any other person as a result of investing through the use of the OurMoneyMarket Platform.
4.2. Product Disclosure Statement
Details of the investment including discussions on the risks and returns of investment will be set out in the current Product Disclosure Statement. The Product Disclosure Statement should be considered carefully before deciding to invest in the MIS. The Product Disclosure Statement can be assessed here.
4.3. Australians residents and citizens
Only The information on the Website is provided only for Australian residents or citizens who are currently located in Australia. Access to the Website may be restricted in other jurisdictions.
5. Information Specific for Borrowers
5.1. How It Works
Anyone wishing to apply for a loan will need to complete an application form online. Loans will be provided to Australian consumers only.
We will then undertake a risk assessment including independently verifying the identity of any borrower or representative, shareholder, beneficiary or guarantor of a borrowing entity. You represent and warrant that you have the full authority to engage in any transaction you undertake.
Should you be approved for and subsequently offered a loan, the provision of the loan to you will be subject to separate terms and conditions as set out in a loan agreement. The loan amount, loan rate and details in relation to the loan will be set out in the loan agreement between you (or the relevant borrowing entity) and OurMoneyMarket Lending Pty Ltd (ABN 64 605 231 669) (“OurMoneyMarket Lending“), which is a subsidiary of the OurMoneyMarket Holdings and the lender of record for a loan.
6. Use of Website
6.1. Website Material
No claim is made as to the accuracy of authenticity of the content of the Website Material or that it is useful for your particular requirements or at all.
6.2. Intellectual Property
The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (“Website Content”) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
You must not do anything, or omit to do anything, which may infringe these intellectual property rights, except with our express written permission. You may contact us by emailing us at firstname.lastname@example.org if you wish to seek such consent.
Unless we agree or notify otherwise in writing, you are provided with a non-exclusive licence to access the Website only for your personal use or for the purposes of:
• reviewing general information on the Website;
(together, Permitted Use)
You are also provided with a non-exclusive licence to download and print a reasonable number of copies of any information contained on the Website solely for your personal use or the Permitted Use, provided that you keep all copyright or other proprietary notices intact.
6.3. User Information
When using the Website, applying for a loan or to invest, you may be able to submit or upload certain data, information and materials (“User Information“) to the Website (for example, personal and financial information). We are not responsible for the User Information. If you believe that there is a problem with any of the User Information, please notify us immediately.
If you choose to submit any User Information, you must be legally entitled to do so. In particular, any User Information must not and you warrant that it does not:
a. deceive or be likely to deceive any person;
b. be used to impersonate any person (including OurMoneyMarket Holdings or its representatives);
c. misrepresent your identity or affiliation with any person
d. be illegal or encourage conduct that would be considered a criminal offence, could give rise to civil liability, or violate any law; or
e. advertise any product or service or solicit any business.
You acknowledge and agree that we may edit or delete any of your User Information, or format it in a particular way.
By submitting the User Information you grant us an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, copy and modify the User Information (in whole or in part). You also waive any and all moral rights (as the term is defined in Part IX of the Copyright Act 1968 (Cth)) you may have in respect of the User Information and consent to any act or omission the doing or not doing of which infringe such moral rights, in both cases in favour of OurMoneyMarket Holdings, its licensees and successors in title.
You must not, whether as part of the User Information or otherwise, communicate any computer viruses or other malicious computer code to us or any other User. You must not interfere with the Website or any of its associated hardware or software.
6.4. Suspension of Service
OurMoneyMarket Holdings makes no and expressly disclaims any representation or warranty that the Website or OurMoneyMarket Platform will be available for use by you at all times or at any particular time, during and for the duration of any particular investment order or at all.
If the Website or OurMoneyMarket Platform is interrupted for any reason during when an investment order is being made (whether by way of suspension by OurMoneyMarket Holdings or otherwise) OurMoneyMarket Holdings may, but is not obliged to, declare the investment order void.
OurMoneyMarket Holdings may from time to time suspend the provision of the OurMoneyMarket Platform. OurMoneyMarket Holdings may also from time to time suspend access to the Website.
Where possible, OurMoneyMarket Holdings will notify you in advance of the time and duration of any suspension of the OurMoneyMarket Platform, but do not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.
6.5. Links or References to Other Websites
6.6. Acceptance of Risk and Release from Liability
We do not accept any liability to you or any other person for the Products or information (or the use of such Products or information), which is provided on the Website or incorporated into it by reference. The information on the Website is provided on the basis that all persons accessing the Website undertake responsibility for assessing the relevance and accuracy of its content before relying on that information.
You are wholly responsible for your use of the Website and the OurMoneyMarket Platform and you use the Website and the OurMoneyMarket Platform at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Website and the OurMoneyMarket Platform or your conduct in connection with the Website and the OurMoneyMarket Platform in any circumstance.
The information contained in the Website or the OurMoneyMarket Platform is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format.
Otherwise, to the maximum extent permitted by law, neither OurMoneyMarket Holdings nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on the Website or otherwise as a result of or in connection with the use of the Website or any information or material provided on or through the Website.
6.7. Prohibited Activities
When using the Website, you must not:
• infringe any intellectual property right of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
• reproduce or adapt any part of the Website, Website Material or Website Content without our express written permission, which we may grant or withhold at our absolute discretion;
• seek reimbursement from any other party for access to the Website, sell or on-sell any part of the Website Material, Website Content or any information obtained from the Website;
• engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
• submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
• interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
We will use our reasonable endeavours to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage you 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 the Website or any linked third party website.
6.9. Applicable Law
Although the Website may be accessed throughout Australia and overseas, OurMoneyMarket Holdings makes no representation that the content provided by the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Website is not illegal or prohibited by laws which apply to you.
8. Termination of Access
OurMoneyMarket Holdings reserves the right to refuse or terminate your registration at any time and on our discretion, including, for example if:
• you register in a fraudulent or illegal manner;
• OurMoneyMarket Holdings considers it necessary to comply with any requirements of the law;
• OurMoneyMarket Holdings considers that you are using the services provided on the Website in an inappropriate manner; or
• you are already a Registered User.
You may cease to be a Registered User by notice in writing to OurMoneyMarket Holdings, provided that:
a. if you are an investor, you are no longer a member of the MIS as described in the Product Disclosure Statement; or
b. you must destroy or delete any copy of any information collected from the Website and the OurMoneyMarket Platform you have in your possession or under your control.
All figures and amounts displayed on the Website are in Australian dollars.
10. Contacting Us