These terms and conditions govern Skyecap Pty Ltd’s (“Skyecap”, “we” or “us”) provision of services to you (“Terms”). Please read these Terms and our privacy policy (both which may be updated from time to time) carefully before requesting or using our services or website. This website https://skyecap.com.au/) is owned and operated by us. Nothing on our website is to be construed as financial product advice or a recommendation to subscribe, purchase or sell a financial product.
By accessing our website or using our services, you (or you on behalf of the business or organization) agree to be bound by these Terms and consent to our collection, use and disclosure of your personal information in accordance with our privacy policy. These Terms and our privacy policy may be amended and posted on our website from time to time. Your use of our services or website after publication of amended Terms or privacy policy constitutes your acceptance of them as modified.
We may, at our sole discretion, at any time and without notice, discontinue providing our services (or any part) or website.
We connect businesses and organisations with trusted third party lenders, credit repair service providers and invoice factoring providers (“Services”).
In relation to the business loans, we provide an obligation free consultation with us to understand your business loan requirements, determine a proposed lender and provide your details to our trusted third party lender (“Lender”). We may request information from you including but not limited to business name and address, loan amount, intended use of the loan and financial and other information and documents regarding your business (“Business Details”). The relevant Lender will contact you in respect of your business loan and Business Details.
Skyecap does not guarantee that you will receive a loan from a Lender. If the Lender is unable to provide you with the loan you require, you may contact us to request an alternate Lender.
All arrangements between you and a Lender in respect of a loan or other services provided by the Lender are subject to the Lender’s terms and conditions. You acknowledge and agree that a Lender has its own procedures and criteria, that the Lender will enter into its own agreement with you, and that Skyecap has no role in the Lender’s decision whether to provide funding to you.
All arrangements between you and a credit repair service provider and invoice factoring provider are subject to their respective terms and conditions. You acknowledge and agree that the relevant provider will enter into its own agreement with you, and that Skyecap has no role in the provider’s performance of the services or decision to purchase your invoices.
The Services provided by Skyecap do not constitute an offer, solicitation, recommendation or advice in respect of the subscription, purchase or sale of financial products. We do not (and are not permitted to) provide advice on any services you receive from Lenders, credit repair services providers and invoice factoring providers, including but not limited to the loan, and in relation to the financial and legal risks and your rights. Nothing on the website is intended to be a substitute for professional financial advice. Before you obtain any loan or service from a third party we recommend you obtain your own legal and financial advice.
Please be aware that information regarding business loans may be obtained from a professional business consultant, financial institution or other funding provider, and you (either by yourself or through such a third party) can apply for business loans directly with loan providers.
By providing information to us, including your Business Details, you authorise us to use your information for the purposes of or related to the Services, including to provide to the Lender or provider.
We do not charge you for our Services.
We may receive a referral fee or commission from Lenders, credit repair service providers and invoice factoring providers.
Lenders, credit repair service providers and invoice factoring providers will charge you a fee for their services and details of the fees will be provided to you directly from the Lender or provider. Please review the Lender or provider’s fees before proceeding with their services.
Skyecap is not responsible for omissions, printing and/or presentation errors on our website and we reserve the right to make corrections as required.
(a) all information you provide to us is accurate, complete and correct; and
(b) you are using our website and Services for business purposes only.
We are not responsible for loss, damage, costs or liability arising from your breach of the above warranties. You release us from and indemnify us for all loss, damage, costs or liability arising from your breach of the warranties.
Skyecap is not a financial adviser or institution, lender or other funding provider and neither Skyecap nor its employees and agents provide financial or legal services or advice. Neither Skyecap knowledge and experience nor the Services have been evaluated or approved by a government entity or authority.
Skyecap gives no representations or warranties (expressed or implied) in respect of the Services (including but not limited to financial, legal or other risks). To the full extent permitted by law, all warranties and guarantees (expressed, implied or under statute) are excluded.
(a) the services offered or advice given by any third party (including a Lender, credit repair service provider and invoice factoring provider);
(b) the loan terms offered by a Lender, including whether the interest rate is the best possible rate and whether the terms are the best available in the market;
(c) your eligibility for a loan;
(d) whether the credit repair service provider will improve your credit score;
(e) the terms of the invoice factoring provider, including the amount for which the provider will purchase your invoices or debt.
Your use of our website or Services is at your sole discretion and risk.
To the full extent permitted by law, you must not make any claim against Skyecap and its affiliates, contractors, directors, employees or agents for any loss, damage (including but not limited to indirect, incidental, special, punitive or consequential damage) or liability arising out of or in connection with the Services, your use of our website and the content on our website.
The maximum aggregate liability of Skyecap for all claims made or bought by you is limited to AUD1,000.
You must not make any claim under or in connection with these Terms, our Services and our website unless the claim is commenced within six (6) months after the cause of action accrues. You waive all your rights to make a claim after six (6) months.
You indemnify Skyecap and its affiliates, contractors, directors, employees or agents against all claims, loss, damages, costs and expenses (including solicitor’s costs on a full indemnity basis) that arise directly or indirectly from:
(a) your breach of these Terms;
(b) your breach of any laws; and
(c) your actions or inaction.
You release Skyecap and its affiliates, contractors, directors, employees or agents against all claims, loss, damages, costs and expenses that arise directly or indirectly from your use of the Services, your use of our website and you obtaining services from anyone introduced to you by us, including but not limited to a Lender, credit repair service provider or invoice factoring provider.
Our website may contain links to third party websites and may display content or information from third parties (“Third Party Content”). Skyecap is not responsible or liable for any Third Party Content displayed on our website and we give no warranty that the Third Party Content is accurate, current, complete or suitable. We do not endorse any Third Party Content including the services or products referred to in the Third Party Content.
You use all Third Party Content at your own risk.
We own all intellectual property rights in respect of our website and Services including trademarks, service marks and logos. You are not authorized to use intellectual property rights owned by Skyecap.
These Terms are governed by and are to be construed under the laws in force in New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
If any provision (in part or whole) of these Terms held to be unenforceable, invalid or illegal for any reason, that provision or part, is deleted from these Terms. This does not affect the validity or enforceability of the remainder of the Terms.
The parties are not and are not to be taken to be in a partnership, joint venture, employment or fiduciary relationship. Nothing in these Terms authorises you to bind Skyecap in any way.
Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Skyecap and you pertaining to the subject matter hereof. It supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.
We may assign our rights and obligations under these Terms to any third party without prior notice. You must not assign any of your rights or obligations under these Terms.
No waiver of any breach or default under these Terms is deemed to be a waiver of any preceding or subsequent breach or default.
We may provide notice to you via email.
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