Terms and Conditions

General terms and conditions for all users

This legal notice applies to the entire contents of the website under the domain name www.SocietyOne.com.au website (Site) operated by SocietyOne Australia Pty Ltd (ACN 151627977) (as the context requires We, Our or Us) and to any correspondence by email between Us and you. The following are the Terms of Use (Terms of Use) between you and Us that set forth the terms and conditions for your use of the Site. Please read these terms carefully before using the Site. Using this Site indicates that you have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations. If you do not accept these terms, please do not use the Site.

Your access to the Site is subject to the SocietyOne Privacy Statement, notices, disclaimers and any other relevant content published on this Site. If you use any of the services identified on the Site for which additional or alternative terms and conditions are referred to, by accessing, viewing or otherwise using those services, you agree also to be bound by and comply with those relevant terms and conditions.

We may, at Our sole discretion, vary or modify these Terms of Use without prior notice. Any varied or modified Terms of Use will appear on the website. Any subsequent access to, or use by you of the Site will constitute an acceptance of varied or modified Terms of Use. 

To the extent possible we choose to carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth).

You agree that any where We are required, by law or otherwise, to provide you with any documentation you consent to the provision of that document electronically through the links on this website or any other means We choose to use. We suggest that you print a copy of the document, or file it electronically, for future reference.

To access SocietyOne's services you will also need to agree to receive notices, information and other disclosures in electronic form. We carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth).

You also consent to receive notices, information and other disclosures in electronic form We choose to use. through the links on this website or any other means

The Site contains 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).

Eligibility to Use SocietyOne's Services

To be eligible to use Our services via the Site you must hold an Australian bank account and be twentyone (21) years of age or older (Eligibility Criteria). We may vary the Eligibility Criteria from time to time. By using the Service or the Site, you represent and warrant that you are 21 or older and have an Australian bank account. We may terminate your membership (see below), 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

To access the full range of Our services and to view all the available details we require that you register a SocietyOne Account (Account) (thereby becoming an Account holder) using a valid email, a username, a secure password and security question. Each registration is for a single user or joint users only where you are married or in a de facto relationship (Joint Registration). If you are eligible for Joint Registration and register an Account, you and your registering partner will be held to be jointly and severally liable at all times. You must not share your user name and password with any other person nor with multiple users on a network.
You are responsible for maintaining the confidentiality of your password and security question at all times. Please notify Us immediately of any unauthorised use or any other breach of security in relation to your Account. You may not use an Account held by any other individual or entity to access Our services at any time.

Collection of Information

You authorise Us to collect and access your information from time to time for the purpose of providing Our services to you. We generally use personal information to: (a) provide you with services you have requested; (b) communicate with you; (c) determine your SocietyOne Credit Score; (d) verify your identity and other information you provide to Us; and (e) help us manage and enhance Our services. We may also use the information collected for any other purpose which is ancillary to any of the abovementioned purposes.

You agree that we may disclose your personal information to credit reporting and rating agencies, debt collection agencies, any related body corporate of SocietyOne and other third parties and contractors as part of providing Our services or as required by law. However, we will not sell or disclose your personal information to advertisers or any person who is unrelated to the provision of Our services with you without your consent.

You agree that We may use any of the information you provide to Us including your Interest or Loan listing and/or online profile for public display, excluding any personal information which may reveal your identity (Identification Information). Your publicly visible information will include (but is not limited to and We reserve the right to vary without notice), your SocietyOne username or screen name, the date you became Member , city or state you reside in, your SocietyOne group or connections to other SocietyOne Members . We may also display your SocietyOne Credit Score, number of defaults or bankruptcies filed with the credit information bureau and your Debt-to-Income ratio.

Our Privacy Policy

We have defined policies and procedures with respect to the collection and use of any Identification Information which are outlined in Our Privacy Policy. No part of this legal notice is intended to contradict any of Our privacy policies. Please read Our Privacy Policy before providing Us with any Identification Information or other personal information.

No Soliciting of Information or Disclosing Other Member Information

An Accountholder may not request, require or accept another Accountholder to provide proof of identity, proof of employment, financial statements, a credit report, or authorisation to obtain a credit report as a condition to bidding on listings.

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 Accountholder. 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).

SocietyOne's Rights to User Content

All content posted by you on the 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 SocietyOne, 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 person who has provided this User Content. You must post User Content that you either created, own or have permission to use. We reserve the right to remove any User Content, loan listing, member profiles or other materials that may infringe copyright.

Site Content, Brands and Trademarks

You acknowledge and agree that We own all rights to the Site and all the content displayed on the Site, including, but not limited to, the SocietyOne logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively the Site Content). The Site services, content, trademarks, service marks, trade names, images and logos are proprietary to or used with permission by SocietyOne.

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 Our express prior written consent. 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.

Nothing on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Site Content or trademarks displayed on the 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 SocietyOne 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

We do not provide legal, tax, financial, financial planning or investment advice or any form of advice regarding the suitability, or appropriateness of any of Our services or the return which may be generated from using any of Our services. The services We offer do not take into account your personal financial situation or your personal investment objectives. You should consult a financial adviser, legal adviser, tax professional and any other professional adviser regarding your specific financial situation.

Monitoring of Site Content

You acknowledge and agree that We have the right to monitor the Site and/or Site 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. We have no obligation to monitor content on the Site or to protect users of the Site.

We may monitor communications directly between the Accountholders via the Site and may withdraw such communication services or facilities at any time. We reserve to right to restrict any Accountholder's activities on the Site that We deem to be in breach of this legal notice or any other SocietyOne agreement or policy.

Disclaimer

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

The 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. The Site could contain technical inaccuracies or typographical errors.

SocietyOne Parties do not warrant as to the results of your use of the content or that the Site is free of viruses or other harmful components. Use of this Site is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws.

We may discontinue or make changes in the content and the Site at any time without prior notice and without any liability. Any dated information is published as of its date only, and SocietyOne Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all Site offerings or transmissions without prior notice.

Third Party Sites

This Site may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (the Third Party Sites). Links to Third Party Sites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. SocietyOne therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.

Other Restricted Activities

When you use the Site or Our services you must not:

  1. breach these Terms of Use, policies or procedures and/or any other agreement that you have entered into with Us;
  2. violate any law, statute, ordinance, or regulation;
  3. act in a manner which is, or post, email, transmit or otherwise publish any comments, materials or content that are, offensive, discriminatory, unlawful, threatening, harassing, defamatory or libellous, false, inaccurate or misleading;
  4. provide false, inaccurate or misleading information;
  5. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Us;
  6. use an anonymous proxy or other technique to prevent Us from identifying your location or your IP address;
  7. control an Account that is linked to another Account that has engaged in any of these restricted activities. We may use evidence other than Account information to determine whether you control a Account held by another individual or entity, including but not limited to IP addresses, email addresses, common business names, bank accounts, phone numbers and mailing addresses;
  8. 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;
  9. use Our services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to Us or you; and
  10. pay for your transactions with what we reasonably believe to be potentially fraudulent funds or proceeds of crime.

We may terminate your Account, 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 have been involved in restricted activities.

Limitation of Liability

SocietyOne Parties (whether or not involved in creating, producing, maintaining or delivering the Site), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any Third Party Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

Nothing in this legal notice shall exclude or limit SocietyOne's liability for:

  1. fraud; or
  2. misrepresentation as to a fundamental matter; or
  3. any liability which cannot be excluded or limited under applicable law.

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.

Indemnity

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

Other SocietyOne Agreements

Our Terms of Use shall be subject to any other agreements you have entered into with SocietyOne. Should there be any conflict between the Terms of Use and any other agreements and / or terms and conditions, including the Loan Terms and Conditions then the agreement that has most recently been signed, executed or agreed to by the Accountholder 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 of Use. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or applicable service.

Waiver

Failure by Us to enforce any of Our rights under this legal notice shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of the Terms of Use are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law and Jurisdiction

The Terms of Use and all other aspects of your use of the Site shall be governed by the laws of the state of New South Wales, Australia. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. You agree that you will notify Us of any claim or dispute concerning or relating to this legal notice and/or the Site.

How to Contact Us

If you wish to contact SocietyOne regarding the Terms of Use or any of Our services you can do so at any time using the “Contact Us” page (this page contains our contact details such as our web form, email, phone and mail addresses).

SocietyOne Electronic Communication Policy

This document contains information about how SocietyOne Australia Pty Ltd (ACN 151 627 977) (as the context requires We, Our or Us) uses electronic communication to enter into credit contracts and/or communicate with you in accordance with the Electronic Transaction Act 1999 (Cth) (E-C Policy).

Please read our E-C Policy prior to using the Website.

Types of electronic communication

There are two types of electronic information We will transmit or send to you:

Type Definition Example
Marketing Information relating to investing or borrowing via the Online Platform, advertisements or promotion of SocietyOne services.
  • Emails containing information on new credit lending services or promotions;
  • Activity Feed notification to a customer of a special offer; or
  • An email promoting a customer competition on societyone.com.
Operational
Information relating to your Account, Loan or Bid, servicing information including information regarding fees and charges and terms and conditions published by SocietyOne.
  • Activity Feed notification reminding you to deposit funds into your account to avoid fees and charges;
  • Text message notifying you of the progress of your Bid;
  • An email notifying you of your successful Loan application.

Methods of electronic communication

We will communicate any marketing and/or operational information to you via the Website, Online Platform, your Activity Feed, email, SMS and any other electronic communication utilised by SocietyOne (E-C Methods).

We will not transmit via the Activity Feed or send an email or SMS requesting you verify or provide any Account Details, Financial Details, or login details to the Online Platform. Refer to ‘suspicious electronic communication’ below.

Your consent

You acknowledge and agree to enter into credit or other contracts and/or receive electronic information from SocietyOne by way of E-C Methods when you use the Website, set up an Account or otherwise electronically interact with SocietyOne.

You can contact Us at any time if you do not want to receive marketing electronic messages. Withdrawing your consent to receive marketing electronic messages does not withdraw your consent to receive operational electronic information.

How to opt out of receiving marketing communications

There are a number of ways you can opt out of receiving marketing communications:

Type How to opt-out
Email marketing An unsubscribe option will be provided in each marketing email.
SMS marketing An unsubscribe option will be provided in each marketing SMS.
All electronic marketing communications An unsubscribe option will be provided in all electronic marketing communication. Alternatively you can call Us on 1300144221 to be removed from further marketing.

Suspicious electronic communication

Understanding our E-C Policy will assist you in identifying any suspicious or fraudulent electronic communication, for example attempts to acquire sensitive information, such as usernames, passwords and credit card details and/or false representation of SocietyOne or any other organisation. If you suspect or experience any illegitimate electronic communication please contact us on 1300144221.

Interpretation

Account ( SocietyOne Account) means the online account registered by a investor or borrower through the Online Platform.

Account Details means your details of your Account including, BSB and bank account number, credit card number or customer account number, customer identification number, passwords or security codes.

Activity Feed electronic noticeboard on your Account operated through the Online Platform.

Bid means any offer by an investor to fund a Loan through the Online Platform.

Electronic communication means message transmitted and/or received by: Activity Feed, email, short message service (SMS), multimedia message service (MMS) or instant messaging or WAP.

Email (electronic mail) mean the act of sending a message or messages by electronic means to one or more recipients via a network.

Financial Details means details in relation to your salary, rent, earnings, expenditure, repayments, account balances.

Loan means a loan advanced to a borrower through the Online Platform.

Online Platform (SocietyOne Exchange Platform) means the electronic exchange platform operated by the Trustee through which a proposed Borrower may request a Loan and a Member or Members may express its or their wish, or be deemed to have expressed its or their wish, to be Exposed to that Loan.

Opt-outmeans remove permission to receive electronic communications.

SMS/Text message (short message service (SMS)) means sending short messages, to and from mobile phones.

Website means the SocietyOne website located at www.societyone.com.