Last Updated: 10 March 2024
1. Introduction
1.1 Welcome to Penny! We support your homeownership journey.
1.2 This website and web application (collectively, “the site”) are provided by Penny LLC Pty Ltd ACN 666 556 181 (Penny) (“we,” “us,” or “our”). These terms and conditions, along with any site rules, govern your use of the site.
1.3 These Terms and Conditions apply to your access and use of the site.
1.4 Please read these terms carefully. By using the site, you agree to them. If you have questions, contact us via the contact form on our website.
1.5 Penny does not provide financial advice. The information we present is general and factual. We offer insights, but not advice on your finances or specific products.
1.6 Penny provides end-to-end support through the home-buying process, offering integrated tools, information, education, and referrals to independent service providers.
1.7 To use our web application, you must create an account and agree to these Terms and Conditions. This forms a legal agreement between you and Penny, including any agreed fees.
2. Referral Partnerships & Independent Providers
2.1 Penny partners with a network of vetted Service Providers in Australia to assist you with your finance and homeownership needs. By using our referral services, you consent to share your information, including your full name and contact details, with your chosen Service Provider.
2.2 Penny earns revenue through these referrals. This allows us to offer and maintain our platform and referral services for free, in line with our mission to make tailored financial services more accessible to women.
2.3 Independent Relationships with Service Providers: Any agreement, contract, or transaction you enter into with a Service Provider is solely between you and that Service Provider. Penny is not a party to any such agreement and is not responsible for the terms, conditions, or outcomes.
2.4 No Endorsement or Guarantee: While we work with reputable Service Providers and conduct due diligence, Penny does not guarantee the quality, accuracy, or reliability of their services. Any opinions, advice, or recommendations expressed by Service Providers are their own and do not reflect Penny’s views.
2.5 Limitation of Liability: Penny is not liable for any loss, damage, or expense arising from or in connection with your use of any Service Provider’s services. Any disputes must be resolved between you and the Service Provider.
2.6 Use of Referral Services at Your Own Risk: You are responsible for assessing the suitability and risks of engaging any Service Provider. You are advised to conduct your own independent research and due diligence before engaging any Service Provider. You are advised to conduct your own independent research before engaging their services.
2.7 No Substitute for Professional Advice: The information and guidance provided on this platform are intended for general informational and educational purposes only. Although our content has been developed in collaboration with finance experts, it does not constitute financial, legal, or professional advice. You should seek independent advice from a qualified professional before making any decisions based on the information provided on our platform.
2.8 Accuracy and Timeliness of Information: While we strive to ensure that all information is accurate and up-to-date, Penny makes no representations or warranties regarding the completeness, accuracy, or timeliness of the content. Information may become outdated or inaccurate over time, and we do not undertake to keep it up to date.
2.9 User Responsibility for Reliance on Information: Any reliance you place on the information provided on our platform is strictly at your own risk. Penny, its directors, employees, and affiliates will not be liable for any loss or damage arising from the use or reliance on this content.
2.10 Referral Service Disclaimer and Consent: By using our referral service, you consent to share your personal information —including your name, contact details, and details of the services you are seeking— with the Service Provider you select. Once engaged, your relationship is solely with the Service Provider. It is your responsibility to review and independently assess the suitability and terms of service of any Service Provider you choose to work with. For further details, please refer to the individual Service Provider’s terms of service and agreements.
3. Privacy and Data
3.1 Your use of our site will involve our collection of, and your disclosure and transmission of, personal information (as defined in applicable privacy laws) to us. Our practices are governed by our Privacy Policy.
3.2 We may share your personal information and profile with select Service Providers. Access to your profile is subject to our evaluation, and we reserve the right to decline or discontinue third-party access.
3.3 During the Beta testing period, you will be automatically subscribed to our notification list. This allows us to keep you updated on important Beta testing information and platform updates. You can manage your subscription preferences or unsubscribe at any time after the Beta testing period concludes.
4. Accounts and User Responsibilities
4.1 You are responsible for:
(a) Ensuring the accuracy of information submitted to create your account.
(b) Ensuring your Account is only accessed, used, and operated by you.
(c) All activity and transactions on your Account, including unauthorised access.
(d) Maintaining the confidentiality and security of your Account (without limiting our security obligations).
4.2 You must contact us immediately on the Penny contact form, if you suspect unauthorised use or access to your account.
4.3 See clause 6.2 for Account deletion and clause 11 for Account Suspension and Termination.
5. Acceptable Use of the Site
5.1 You must comply with all applicable laws, codes, regulations, and these Terms and Conditions.
5.2 You must not:
(a) Copy, modify, or create derivative works based on site content.
(b) Infringe on the rights, including intellectual property, privacy, or confidentiality rights, of any third party.
(c) Introduce harmful computer code or routines, including viruses, worms, spyware, or other threats.
(d) Post or transmit unauthorised material, including offensive, inflammatory, defamatory, racist, obscene, or threatening material (as determined by us).
6. Account Management
6.1 You can delete your Account at any time by contacting us using the Penny Contact form.
6.2 Upon account deletion:
(a) Your account and data will be erased.
(b) We will retain your contact details unless you also unsubscribe from our newsletter.
(c) You must create a new account to use the site again.
(d) We may keep and anonymised and aggregated data from your account and usage for research and analytical purposes.
7. Intellectual Property
7.1 Penny owns all rights to the site and its content.
7.2 These Terms and Conditions do not transfer any intellectual property rights to you.
7.3 You must not use, adapt, reproduce, or distribute any Penny content without written consent.
8. Data Ownership and Use
8.1 You own all rights to your Customer Data. Penny is not responsible for its accuracy.
8.2 Subject to our Privacy Policy, you grant us a license to use Customer Data for business purposes after it has been de-identified.
9. Data Hosting and Security
9.1 Your data is stored on third-party cloud servers with industry-standard security.
10. Site Availability
10.1 We will strive to maintain site availability; however, we cannot guarantee uninterrupted access. You acknowledge that internet connectivity is inherently variable, and we cannot control external security factors.
10.2 We may perform scheduled or unscheduled maintenance, which may temporarily disrupt site access. We will endeavour to schedule maintenance outside of normal business hours (AEST).
10.3 We are not liable for any losses incurred due to site unavailability.
11. Account Suspension and Termination
11.1 We may suspend or terminate your Account if:
(a) You materially breach these Terms and Conditions and fail to remedy the breach within a reasonable period, or if the breach is incapable of remedy.
(b) We reasonably believe you have:
(i) Provided false or misleading financial information.
(ii) Engaged in fraudulent activity.Violated any applicable laws or regulations.
11.2 Upon Account termination:
(a) You must immediately cease using the site.
(b) We will delete your Account.
12. Liability
12.1 Nothing in these Terms limits your rights under Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified.
12.2 To the fullest extent permitted by law, our liability is limited to resupplying the site or refunding applicable fees.
12.3 We are not liable for indirect or consequential losses.
12. 4 We are not liable for any losses resulting from inaccurate Customer Data or your failure to ensure its accuracy.
13. Third-Party Links and Content
13.1 The site may utilise third-party tools and software. You agree the use of these tools is at your own risk.
13.2 The site may contain links to third-party websites or content. Your use of such links is at your own risk, and we are not responsible for their content.
14. Notices
14.1 Notices must be in writing and submitted via the Penny contact form.
14.2 Notices are deemed received upon delivery confirmation or 72 hours after transmission, unless a delivery failure notification is received.
15. General Terms
15.1 This agreement does not create an employment, agency, partnership, or joint venture relationship.
15.2 We may engage subcontractors, but we remain responsible for their performance.
15.3 This agreement constitutes the entire agreement between the parties.
15.4 Our failure to enforce any provision does not constitute a waiver of our rights.
15.5 If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.6 We may amend these Terms and Conditions by providing you with notice.
(a) If the amendment materially affects your use of the site, your data, or our obligations, we will provide 14 days’ notice.
(b) If you do not agree to the amendment, you may terminate your Account. Continued use of the site constitutes acceptance of the amendment.
(c) All other amendments will take effect immediately.
(d) The “Last Updated” date at the top of these terms indicates the date of the most recent revision.
15.7 You may not assign or transfer this agreement without our prior written consent.
15.8 Certain provisions of this agreement will survive termination.
15.9 This agreement is governed by the laws of New South Wales, Australia.
16. Interpretation
16.1 In this agreement:
(a) Headings are for convenience only and do not affect interpretation.
(b) The singular includes the plural and vice versa.
(c) Defined terms have corresponding meanings.
(d) References to laws include all amendments and replacements.
(e) References to parties include their successors and permitted assigns.
(f) “Includes” and “including” are not limited to the examples provided.