funds@bluestreakcapital.com.au
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Terms and Conditions of Trade and Website Access

Please read these Terms and Conditions (“Terms of Use”) carefully as they constitute and govern an agreement (“Agreement”) between Blue Streak Finance Pty Ltd (ACN 612 567 790) trading as Blue Streak or Blue Streak Capital (“we or us”) and you (“you or your”).

The Terms of Use apply to any and all goods, services and information provided by us as well as to all interactions (“Interactions”) between us and you, including without limitation the interactions described by the bullet points below. You will be deemed to agree to these Terms of Use on each and every occasion that you interact with us in any way, including by:

  • Accessing our website at bluestreakcapital.com.au (“Website”) and/or any page(s) forming part of or linked to our Website or referred to by or from our Website;
  • Accessing any publication available in any manner on or from our Website, including the blog page;
  • Applying for credit from us and/or entering into any agreement with us or any person to who we may refer your loan application (or the like) to;
  • Engaging or interacting in any way with us or with any person or lender referred by us or made available to you because of your interactions with us. You understand and agree that in some circumstances we will receive payment from a 3rdparty if we refer you to them (“3rd Party Referrer”), with such payment being in addition to any payments we may receive from you.

Waiver and Release

We maintain the Website, and offer all goods and services, and all Interactions, primarily for information and communication purposes. You acknowledge and agree that you understand that if you do not repay all monies borrowed from us or any persons to whom we may refer your loan application, judgment may be entered against all borrowers and/or guarantors and all real property provided as security for such transactions may be sold by the lender / mortgagee.

We make no warranties of any kind regarding the Website or the Interactions, including but not limited to any warranty as to accuracy, completeness, currency, reliability, fitness for a particular purpose, or that the Website pages, or the server that makes them available, are free of viruses or other harmful elements that may interfere with or damage the operation of your computer systems.

Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall we be liable for any loss or damages you may suffer from or in connection with the Interactions or any other dealing with us or service or product provided by us or on our behalf or by any 3rd Party Referrer. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorised access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if we have been advised of, or are aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in these Terms of Use may not apply.

You hereby release and/or indemnify and hold us and each of our present and future directors, officers, shareholders, employees, agents, members, subsidiaries, associates and affiliates and their respective heirs, successors and assigns (together “Released Parties”) harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable legal fees and expert witness fees) suffered, sustained or incurred (even if only alleged but not proven )arising out of or in connection with any Interaction and/or any loan made to you and/or your dealings with us and/or the Released Parties and/or any 3rd Party Referrer as well as in relation to any information or statements or representations made or provided to you by us and/or the Released Parties or any 3rd Party Referrer.

For the avoidance of doubt, to the maximum extent permitted by law, we disclaim (and you hereby release us from) all liability in relation to your use of the Website and/or any of the Interactions and/or any loan or credit made to you including but not limited to any loss or damage howsoever caused (including negligence), which may be directly or indirectly suffered in connection with your dealings with us, including our provision of information or advice.

These Terms do not form the entire agreement between you and us relating to any goods, services and information provided to you because if you apply for credit from us we may issue an Indicative Letter of Offer to you that will contain additional rights and obligations that will apply to you and to us. Following that, we may also issue a suite of loan and mortgage documents that will also contain additional rights and obligations that will apply to you and to us.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND NOT ENGAGE WITH US IN ANY WAY, INCLUDING ANY OF THE INTERACTIONS.

We may, at any time, for any reason and without notice, make changes to these Terms of Use as well as the Website and/or the Interactions. Any such changes will take effect once published on the Website. Therefore, you agree that prior to, or as part of, any Interaction, you must review these Terms of Use to ensure that you continue to understand and comply with your obligations to us.

Links and Associations

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only.  However, we do not control or endorse such websites and are not responsible for their content nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without our written permission.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to us that you will not use the Website or any material or information obtained from or provided by us for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Gathering email addresses from us through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other persons is prohibited.

General Matters

These Terms of Use shall be governed in all respects by the laws of the State of Queensland, Australia, and you submit to the laws of the State of Queensland and to the jurisdiction of the Queensland courts.

You acknowledge and agree that, even if you reside outside Australia, or access the Website or participate in any Interactions outside Australia, you understand the Website and all Interactions refer and relate only to activities intended to be undertaken within mainland Australia and Tasmania and in no other location whatsoever.

We do not warrant that any Website functionality will be uninterrupted or error-free, or that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

We may from time to time collect registration and other information about you during or as part of the Interactions. Our collection, use, and disclosure of this information is governed by our Privacy Policy Statement available below.

The information we provide via this Website and in any other manner or forum is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice.

YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND STATEMENTS AVAILABLE ON OR VIA THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, ACCOUNTING OR OTHER ADVISOR, AS APPROPRIATE.

YOUR USE OF THE CONTENT OF THE WEBSITE AND YOUR PARTICIPATION IN THE INTERACTIONS IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM (AND YOU HEREBY RELEASE US FROM) ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INTERACTIONS OR THIS WEBSITE OR ANY GOODS AND SERVICES PROVIDED TO YOU AT ANY TIME.

Privacy Policy

Blue Streak Finance Pty Ltd (ACN 612 567 790) trading as Blue Streak or Blue Streak Capital (“we or us”) are committed to safeguarding your personal information (“your information”). Please read the following policy to understand how any personal information that you provide to us will be treated.

You hereby agree and consent to us collecting, using, storing, processing, disclosing and sharing your information in the manner set out below. For the avoidance of doubt, this Privacy Policy forms part of the Terms of Use governing your relationship with us and should be read in conjunction with those Terms of Use.

When we refer to your information, we are referring to your personal information, as defined under the Privacy Act 1988 (Cth).

Depending on the particular circumstances, we may collect and hold a range of different information about you. This can include your name, date of birth, contact details (including address, email address, phone number or mobile telephone number), occupation, driver’s license number, usernames or passwords, financial information (such as credit card or bank account numbers) and information about how you use our products and services, including our Website.

HOW WE COLLECT YOUR INFORMATION:

We may collect your information in a number of ways, including:

      • Directly from you (such as where you provide information to us when you visit our Website, or complete an application form or agreement with us);
      • From publicly available sources of information;
      • From our records which show how you use our products and services;
      • From third parties such as business associates, affiliates or persons who refer you to us or us to you. In some of these situations we receive and/or make payments flowing from the referrals.

We may also collect information from you online as detailed below.

HOW WE HOLD YOUR INFORMATION:

We may store your information in hard copy or electronic format, in storage facilities that we own and operate ourselves, or that are owned and operated by service providers. We take all reasonable steps necessary to help us protect your information from unauthorised access and disclosure.

HOW WE USE YOUR INFORMATION GENERALLY:

We may use your information for a range of different purposes, including:

      • To provide products and services to you, to provide you with information about those products and services, to assist you with inquiries or purchases, to enhance your experience, or to provide you with better customer service;
      • To administer and manage the products and services we provide to you, to charge and bill you for them, and to collect any amounts you may owe us;
      • To enforce and protect our rights should you be in breach of the Terms of Use;
      • To market our products and services to you and to communicate with you in relation to any matters we believe may be of interest to you;
      • To contact and/or communicate with you;
      • To permit third parties to track usage, analyse data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL in order to better understand our Website usage, and enhance the performance of services to maintain and operate the Website and certain features on the site. We may use third parties to host the Website; operate various features available on the Website; send emails; analyse data; provide search results and links and assist in fulfilling your orders;
      • As required or authorised by law.

 HOW WE USE YOUR INFORMATION FOR DIRECT MARKETING:

We may also use your information so that we, our related entities, affiliates, referrers and other business partners can promote and market products, services and special offers and events that we believe may be of interest to you (which may also include products, services and offers provided by a third party). These marketing activities may be carried out in a variety of ways (including by email, SMS/MMS, or social media or by customising on-line content and displaying advertising on websites) and may continue after you stop your Interactions with us until you opt-out. You may opt out by emailing us at admin@bluestreakcapital.com.au

WHEN WE DISCLOSE YOUR INFORMATION:

We may disclose your information to third parties who provide services to us or you, including organisations and contractors and referrers that work with us or assist us with the purposes for which we use your information. These services include:

      • Prospective or potential lenders;
      • Customer inquiries;
      • Purchasing or booking inquiries;
      • Information technology and network services;
      • Market research and marketing services.

WE MAY ALSO DISCLOSE YOUR INFORMATION:

      • To your authorised representatives or advisers, or when you ask us to do so;
      • To our related entities or our business partners or referrer networks;
      • To other persons from or through whom you may acquire products or services;
      • To third parties who assist us to manage or develop our business and corporate strategies and functions;
      • To any of our contractors or sub-contractors.

HOW TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION OR MAKE A PRIVACY COMPLAINT:

If you wish to access any of your personal information that we hold or would like to correct any errors in that information, please contact us using the contact details set out in the how to contact us section of this Statement, so that we can consider and respond to your request.

You may also use these contact details to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the Australian Privacy Principles (APP) or any binding APP code that has been registered under the Privacy Act. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint.

While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner (www.oaic.gov.au).

ABOUT THIS STATEMENT:

This Statement has been issued by us, effective as at 19 June 2016. From time to time, we may need to change this Statement. If we do so, we will post the updated version on our website (https://www.buestreakcapital.com.au) and it will apply to all of your information held by us at the time.

HOW TO CONTACT US:

If you have any questions or concerns in relation to this Statement or our management of your information, please let us know by writing to us at admin@bluestreakcapital.com.au.

DIGITAL ADVERTISING, MARKETING AND RESEARCH:

Our commitment to maintaining your privacy extends to how we manage advertising, marketing and research/analytics activity in different digital environments you may see or use on computers, mobiles and tablets (defined below as “sites”).

We are involved in advertising on our Website and on third party websites.

We may participate as a marketer, for example we place our own advertisements on 3rd party sites, and as a publisher where we may generate revenue by displaying other parties’ advertising on our sites or by introducing you to 3rd parties in other ways. Please note, we are only responsible for the way in which we deal with your personal information and not for the way in which any other person or party deals with your information.

INTEREST BASED PROFILING:

When you browse our Website, and those of our partners or affiliates, we may collect data about your activity on these sites such as the amount of time you spent on each site, the pages you viewed and the advertisements you viewed on those sites. If you show interest in a particular topic across multiple sites we may tailor advertising or content to you based on an assumed interest in this topic.

This is usually enabled by the use of website pixeling or cookies or publically available advertising identifiers provided by operating systems like iOS and Android (you can opt-in or out of sharing these in the settings of your device or browser). During this process, we do not collect or use any information that could identify you as an individual, just a basic history of sites visited.

Cookies are small, encrypted, text files that sites may place on your device, usually within your browser. Sites may use cookies to improve browsing experiences like remembering login details, what content the user is interested in and other preferences in general. Cookies are used by most sites. While you browse those sites, we can use cookies to gather information about your site use, such as the amount of time you spent on each site and your content preferences. This information is then sent back to the originating site and other authorised services each time you revisit these sites.

If you are concerned about the use of cookies, there are several ways to delete and/or block cookies. You can choose to delete (or ‘clear’) all the cookies currently stored by your browser via your browser tools. You can also use your browser tools to block and permanently disable cookies. This will prevent you from using all services that rely on cookies until you allow your browser to start accepting cookies again. It will also prevent some types of digital advertising from occurring. Alternatively, you can download tools which will increase your awareness of which cookies are being left on your computer and decide which cookies to permit and which to block.