Terms & Conditions


These Terms were last revised on January 25, 2016.
You can read our privacy policy here.

This is a legal agreement between you, Waddle Loans Pty Ltd & www.waddle.com.au, ("Waddle"), which may be contacted at Level 1, 116 Devonshire Street Surry Hills NSW 2010. By accessing this website, and any sub-sites of this website (together the "Site", "Service"), and/or using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this agreement and the Waddle Privacy Policy (collectively, "Terms") for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms or will be presented to you for your acceptance when you sign up to use such services or purchase such financial products. Waddle provides small business owners with commercial loan facilities. Through proprietary technology, Waddle more specifically provides a revolving line of credit facility to business owners.

Changes to these Terms

Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, "Content"), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Waddle and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Waddle will do all that is lawful to enforce and protect the Content.


1. Defined Terms.

As used in these Terms, the following words shall have the following meanings. "Waddle" includes "Waddler", "Waddle Team", "Waddle Support", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the Waddle service.

2. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following: a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Waddle is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords. b. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided. d. No Guarantees. Waddle may not be able to provide commercial finance facilities for every Registered User seeking to use its services. Further, Waddle makes no guarantees as to the number amount of funding or the ability to obtain business funding. e. No False Information. You agree to provide accurate, true, current and complete information. f. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws. g. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.

3. Proprietary Rights

a. Ownership of Proprietary Information. You hereby acknowledge and agree that Waddle is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology. b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights. c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Waddle and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.

4. User Information

a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please visit Waddle's Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of Waddle's Privacy Policy. b. Disclosure by Law. You acknowledge and agree that Waddle may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or nor such disclosure is required by applicable law); or (ii) protect or defend Waddle's, or a third-party's, rights or property. This includes all data obtained from third party information systems (e.g. cloud accounting platforms) as authorised by you during Waddle use. c. Information Security. We work hard to protect Waddle and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: We encrypt many of our services using SSL. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to Waddle employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. d. Use of Anonymous Information for Research. By using the Site and/or Services, you agree to allow Waddle to anonymously use the information from you and your experiences through the Services to continue Waddle’s research into successful business practices and to improve the Services. e. License Regarding Your Content. You retain all ownership interest in and to the content you provide to the Site or as part of your use of the Services. However, by submitting your content, including your personal and business information, you hereby grant to Waddle a perpetual, non-exclusive, irrevocable, royalty-free license to: reproduce, adapt, edit, modify, translate, publish, transfer, and/or distribute any of your content. This license specifically includes the right for Waddle to make such content available to other trusted companies, organizations, and/or individuals with whom Waddle has a business relationship in order to carry out the performance of the Services. As part of its performance of the Services, Waddle may (i) transmit or distribute your information over various public networks and in various forms; and (ii) make necessary changes to your content in order to perform its obligations.

5. Services

Waddle offers commercial finance facilities. As explained above, Waddle more specifically provides proprietary revolving line of credit facilities for commercial clients. As part of the Services, we request and you provide various items of information to be used in order to provide the best credit facility possible.

6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors

The Site and Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Waddle, and Waddle is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Waddle provides these links to you as a convenience, and the inclusion of any link does not imply that Waddle endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or third-parties found on or through the Site or Services are solely between you and such advertiser or third-party. You agree that Waddle will not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such advertisers on the Site or Services. Please visit our Privacy Policy to learn more about how we use your information.

7. Disclaimer of Warranty

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WADDLE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WADDLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WADDLE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Waddle, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WADDLE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WADDLE. UNDER NO CIRCUMSTANCES WILL WADDLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS. c. Beta Features. From time to time, Waddle may offer new "beta" features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Waddle's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

8. Limitation of Liability

a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL WADDLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WADDLE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WADDLE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID WADDLE FOR THE USE OF ANY SERVICES, THE AMOUNT OF AUD$25.00 OR ITS EQUIVALENT. b. No Liability for non-Waddle Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WADDLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES. c. Information Verification. Waddle and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Waddle and its contractors will have no liability to you arising from any incorrectly verified information.

9. Indemnification

You agree to indemnify, defend and hold harmless Waddle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Waddle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waddle in asserting any available defenses.

10. Communication and Privacy

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

11. Term and Termination

This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services by visiting this website and will remain in effect in perpetuity unless terminated hereunder. Waddle may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Waddle reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to Waddle by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below.

12. Specific Terms Controlling Other Services and Products

Waddle provides other services and products besides the Services. Additional terms for such other services and/or products will be presented to you prior to your acceptance of such terms and prior to your use of the services and/or products.

13. General Provisions

a. Controlling Law and Jurisdiction. You agree that Australian law (without giving effect to its conflicts of law principles) will govern these Terms, the Site and the Services and that any dispute arising out of or relating to these Terms, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts within Australia. You acknowledge and agree that any violation of these Terms may cause Waddle irreparable harm, and therefore agree that Waddle will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Waddle may have for a breach of these Terms. b. Miscellaneous. These Terms, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional services terms, comprise the entire agreement between you and Waddle regarding the use of this Service, superseding any prior agreements between you and Waddle related to your use of this Site or Services (including, but not limited to, any prior versions of this Terms). The FAQ’s found on the Services are for informational purposes only and are not deemed to be part of this Terms. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of Waddle to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. c. Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTESS OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTES OR OTHER GUARANTESS OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOVLING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.

14. Third Party Software products

14.1. Connection and Interaction. The Service may enable Customer to select and connect or interact with a third party software product, such as an e-invoicing or accounting software product, that Customer is using (each a "Third Party Software Product"). In order to connect or interact with a specific Third Party Software Product, Customer will need to have, and actually be signed-in to, an active user account for that Third Party Software Product (each a "Third Party Software Product Account"). Customer is solely responsible for: (i) registering Customer's Third Party Software Product Account; (ii) keeping Customer's Third Party Software Product active; (iii) Customer's choice to connect, interact with and use Customer's Third Party Software Product; and (iv) the payment of any Third Party Software Product fees to the provider of the Third Party Software Product in connection with Customer's use of the Third Party Software Product. We are not affiliated with, have no control over, and assume no responsibility for, the policies or practices of any Third Party Software Product or Third Party Software Product provider. Customer acknowledges and agrees to review and be bound by the terms of use and privacy policy of any Third Party Software Product that Customer uses and connects with, and Customer agrees to indemnify and hold us harmless, and expressly release us, from any and all liability arising from Customer's use of, and/or connection to, a Third Party Software Product.

14.2. Authorization. If Customer chooses to connect or interact with a Third Party Software Product then Customer: (i) hereby grants us authorization to access Customer's Third Party Software Product Account in accordance with the rules for doing so prescribed by the Third Party Software Product provider; and (ii) agrees to cooperate with us and provide any information that we or the Third Party Software Product provider may request in order to enable us to access Customer's Third Party Software Product Account. We will only access and use Customer's Third Party Software Product in order to: (i) perform Background Checks below, for more information about this); and (ii) provide the Service to Customer.

14.3. Data. If Customer connects or interacts with a Third Party Software Product then we will collect certain data and materials from that Third Party Software Product ("Third Party Software Product Data"). We only collect Third Party Software Product Data that the Third Party Software Product provider enables us to collect by utilizing the Third Party Software Product provider's "connect" tool. If we collect Third Party Software Product Data then we may use it to: (i) perform Background Checks on Customer; and (ii) provide the Service to Customer (collectively, "Data Uses"). Customer hereby provides its express consent for us to collect and use Customer's Third Party Software Product Data for the purpose of performing the Data Uses. Please also see Section 15 (Customer Data), below, which includes additional information about our collection and use of Third Party Software Product Data.

14.4. Waddle Credentials. If we provide Customer with any Waddle credentials, identification or other information to enable Customer to connect with a Third Party Software Product, Customer agrees not to use said information for any purpose except to connect to the Third Party Software Product as part of Customer's participation in the Service.

14.5. Customer acknowledges that any failure to restrict Waddle from enabling a connection or interaction with Customer's Third Party Software Product Account will prevent Customer from being able to apply for and/or use our Service & will constitute a breach in terms and termination of the service if such service has been supplied.

14.6. Commission payments. Customer acknowledges and agrees that by opening an Account, Waddle from time to time may engage in commission payments to Third Party Software Product providers. Full disclosure of these commission payments can be provided by contacting team@waddle.com.au.

15. Customer Data

15.1. Customer may choose to provide, transmit, upload, import or make accessible certain data, including without limitation Third Party Software Product Data, to us (collectively, "Data") for us to use in connection with the Service. We will only use Customer's Data to perform Background Checks on the Customer and to provide our Service to the Customer (the Data Uses, as defined above). Customer hereby provides its express consent for us to collect and use Customer's Data for the purpose of performing the Data Uses. Customer retains ownership of its Data.

15.2. We follow generally accepted industry standards to protect the security and confidentiality of Data. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Policy which is available at www.waddle.com.au/privacy. Notwithstanding any other provision herein, Customer agrees that we may use aggregate Data that is anonymous and is not personally identifiable in order to evaluate, develop and improve the Service and our products and services and for the other purposes set forth in our Privacy Policy.

15.3. Customer represents and warrants that: (i) it owns or has obtained the right to all of the intellectual property rights subsisting in its Data, and has the right to provide Waddle the license granted herein to such Data; (ii) Customer's Data is accurate, current and complete; (iv) Customer's Data is not misleading or false; and (iv) Customer's Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. Customer shall remain solely responsible and liable for its Data, including without limitation for our reliance upon Customer's Data in order to perform Background Checks and to provide the Service to Customer, and Customer agrees to indemnify and hold us harmless, and expressly release us, from any and all liability arising from the foregoing.

15.4. Customer acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not store all of the Data that Customer may provide, upload, import, or otherwise generate during Customer's use of the Service; (ii) Customer is solely responsible for the backup of its Data; and (iii) Customer will lose access to any Data that Customer deletes.

16. Business Purpose Declaration

I/we declare that the credit to be provided to me/us by the credit provider is to be applied wholly or predominantly for:

(a) business purposes or (b) investment purposes other than investment in residential property

You should only agree to this declaration if this loan/facility is wholly or predominantly for (a) business purposes or (b) investment purposes other than investment in residential property.

By creating a Waddle Account and by using any part of this website to obtain credit you agree to this declaration and may lose your protection under the National Credit Code.

It is recommended that you seek independent legal advice if you unsure of your rights.