Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the website and services provided by CapVolt Funding (CLUNES EMPIRE NO 1 PTY LTD, ABN 29 648 789 333) ("we", "us", "our").

By using our website or services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Our Services

We provide commercial finance broking services for business purposes only. Our services include:

• Assessing your business finance needs
• Matching you with suitable lenders from our panel
• Submitting applications to lenders on your behalf
• Providing guidance throughout the application process

Important: We do not provide consumer credit services. Our services are not regulated by the National Consumer Credit Protection Act 2009 (NCCP). For home loans, personal loans, or other consumer finance, please visit The Lending Lab.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have legal authority to enter into contracts on behalf of your business
• Be seeking finance for business or commercial purposes (not personal, domestic, or household purposes)
• Provide accurate and complete information

4. No Guarantee of Approval

We do not guarantee that you will be approved for finance. All lending decisions are made by the lenders on our panel, at their sole discretion. We act as a broker and introducer only.

We will use our best endeavours to find suitable options for you, but approval depends on factors including your creditworthiness, business performance, and lender criteria.

5. Fees and Charges

Our fees vary depending on the lender and loan product. We will always explain our fees to you before you proceed with an application. Fees may include:

• Brokerage fee: A fee for our services, typically paid at settlement
• Lender fees: Fees charged by the lender (establishment fees, ongoing fees, etc.)

In some cases, we receive a commission from the lender. We will disclose this to you as required by law.

6. Your Obligations

When using our services, you agree to:

• Provide accurate, complete, and up-to-date information
• Notify us of any changes to your circumstances
• Not provide false or misleading information
• Not use our services for any unlawful purpose
• Respond promptly to requests for additional information

Providing false or misleading information may result in your application being declined and may constitute fraud.

7. Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information about how we collect, use, and protect your personal information.

8. Intellectual Property

All content on our website, including text, graphics, logos, and software, is our property or the property of our licensors. You may not reproduce, distribute, or create derivative works without our written consent.

9. Website Use

You agree not to:

• Use our website in any way that violates applicable laws
• Attempt to gain unauthorised access to our systems
• Introduce viruses or other malicious code
• Use automated tools to scrape or extract data
• Interfere with the proper functioning of the website

10. Limitation of Liability

To the maximum extent permitted by law:

• We provide our services "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the fees paid to us for our services
• We are not liable for decisions made by lenders or any loss arising from loan applications

Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

11. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your breach of these Terms or your use of our services.

12. Third-Party Services

Our website may contain links to third-party websites or services. We are not responsible for the content or practices of these third parties. Your use of third-party services is at your own risk.

13. Termination

We may suspend or terminate your access to our services at any time, for any reason, without notice. You may stop using our services at any time by contacting us.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms on our website. Your continued use of our services constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

16. Dispute Resolution

If you have a dispute with us, please contact us first to try to resolve it. If we cannot resolve the dispute, either party may pursue mediation before taking legal action.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our services.

19. Contact Us

If you have any questions about these Terms, please contact us:

• Email: hello@capvolt.com.au
• Phone: 0412 759 847
• Address: Lvl 25, 100 Mount Street, North Sydney, NSW 2060