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Terms of Service

Introduction

  • These terms of use (“Terms of Use”) and our Privacy Policy constitute our agreement with you as a User and govern the use of the service provided through the platform (“Platform”) operated at www.magnoliacredit.com (“Site”) by Magnolia Credit Pty Ltd.
  • Please read the terms carefully before using the Site. Using the Site indicates that you have read, understood, and agree to be bound by the Terms of Use. The Agreement shall continue thereafter unless and until it is terminated in accordance with our Termination provisions.
  • The Terms of Use may be changed from time to time by us without notice. It is your responsibility to check these Terms of Use from time to time to ensure that you agree with them, and your continued use of the Platform after any change to these Terms of Use will be deemed to be your acceptance of the change.

Disclaimer of Liability

  • To the maximum extent permissible by law, you release Magnolia Credit and hold us harmless in respect of all liability, including for negligence, to you or any person in respect of anything and the consequences of anything done or omitted to be done by you or any person in whole or partial reliance on all or any part of the information accessed at or through this Site.
  • Magnolia Credit makes no representations or warranties of any kind, either express or implied, including (without limitation) warranties as to accuracy or completeness of any information or non-infringement of intellectual property.
  • Whilst all reasonable care has been taken in providing this information, Magnolia Credit:
    • does not warrant the accuracy and completeness of information accessed at or through this Site; and
    • does not accept any responsibility for any action taken in reliance thereon by any party who views the contents of or uses this Site.
  • Magnolia Credit may make changes to the materials at this Site at any time without notice. The materials at this Site may be out of date, and Magnolia Credit makes no commitment at any time to update the materials at this Site.
  • Nothing in these Terms of Use excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of these Terms of Use to be void.

Collection of Information

  • You authorise Magnolia Credit to collect and access your information from time to time for the purpose of providing our services to you, and to ensure that Magnolia Credit is able to provide a secure way of conducting its business and the Platform. These responsibilities extend, among other things, to fraud, money laundering and other crime prevention, careful credit assessment and validation of the identity of all Users of in accordance with Australian laws.

Intellectual Property

  • Our domain name www.magnoliacredit.com is our uniform resource locator (“URL”). You must not make any use of this URL on another website or digital platform without our prior written consent.
  • The Site, its design and layout, may not be copied, reproduced, adapted or transmitted in any form without our prior written consent.
  • You may only print, display or download temporary copies of the content of the Site to your own computers for your own use. Your registration and use of our Site confers no rights whatsoever to the content or related intellectual property rights contained in our Site. You agree not to monitor, use or copy our web pages or any content on the Site, including without limitation any price data. Unauthorised use constitutes copyright and/or trademark infringement and may be prosecuted.

Confidentiality

  • Confidential Information includes non-public information that Magnolia Credit furnishes or otherwise makes available to wholesale investors. This includes, without limitation, loan terms, borrower names, lender names, property information, information relating to lenders, partners and third-party business and companies, pricing, and loan agreements (“Confidential Information”).
  • You agree that all Confidential Information obtained via your use of the Site shall be kept strictly confidential by you and used only for the purpose of making an offer to subscribe for Notes via the Site shall not be disclosed by you to any third party.
  • You agree not to contact, either directly or indirectly, any borrower, lender or real estate company in connection with a property, loan or issue of Notes listed on the Site, or any officers, directors, shareholders, consultants, lawyers, employees, agents or other affiliates of these parties, unless the contact is unrelated to any property, loan or issue of Notes listed on the Site.
  • Your obligations in connection with Confidential Information under these Terms of Use do not apply to Confidential Information which you can demonstrate:
    • was discovered or developed by you independently without reliance on the Confidential Information; or
    • is required to be disclosed by law, provided that you promptly notify us so that we have an opportunity to obtain relief in connection with such disclosure.
  • You undertake not to use the Site to:
    • Collect information provided by the Site for any purpose other than researching potential subscription for Notes listed on the Site and subscribing for such Notes;
    • Copy, transmit or redistribute any Information obtained on the Site to any third party;
    • Behave in any unlawful manner or in any other manner that could damage, disable, overload or impair the Site or the servers on which it is hosted;
    • Falsely misrepresent yourself, your age, your financial employment or personal circumstances or your affiliation with any person or entity; or
    • Use or attempt to use another person’s User Account without authorization from us, or create a false identity in relation to the Site.

Financial Advice

  • No information on the Site is to be construed as financial product advice or a recommendation to buy or sell any Notes or any financial product (as that term is defined in the Corporations Act 2001 (Cth)).
  • None of the Company, Magnolia Credit Pty Ltd, or any of their respective officers, employees, agents or advisers make any recommendation as to whether you should participate in the Offer, nor do any of them make any representation or warranty to you concerning the merits of the Offer or the Securities, the value of the Securities, or the risks of participating in the Offer.  Neither the Company nor Magnolia Credit Pty Ltd guarantees the repayment of capital or the performance of the Company or any particular rate of return from this investment.
  • To the extent permitted by law, the Company, its officers, employees, consultants and agents disclaim all liability that may otherwise arise due to any information contained on the “Site” being inaccurate or due to information being omitted from this document, whether by way of negligence or otherwise.

Entire Agreement

  • Except as specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in writing.

Applicable Law

  • These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law, notwithstanding that any such conflicts of law may involve the laws of a foreign jurisdiction. Any legal proceedings arising out of or in connection with the use of this Site must be commenced in the appropriate court in New South Wales. If you view the contents of or use this Site from locations outside of New South Wales, you are solely responsible for compliance with the laws of the jurisdiction in which you view the contents of or use this Site.
  • If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, and shall not affect the validity and enforceability of any remaining provisions in these Terms.

Complaints

If you have a complaint, please email us at contact@magnoliacredit.com Please include brief details of your complaint.