Website Terms of Use
These are the General Terms and Conditions of use for the products, services and digital properties offered and operated by The Funding Doctor by users of this Website (
In this document:
· The Funding Doctor refers to Funding Doctor Pty Ltd (ABN 97 646 098 839) and Cross Border Management Pty Ltd (ABN 92 605 353 295)
· You/the User refers to the individual using the Website
The Funding Doctor maintains this website and all associated websites, other than third-party websites (collectively the Website). This document sets out the terms and conditions that govern the use of this Website (Terms). Please read these Terms carefully, especially the sections about disclaimer and limitation of liability.
By accessing this Website (other than to read these Terms for the first time), you accept and agree to these Terms. You must not use this Website if you do not agree with these Terms.
This Website was prepared for use by Australian users only and may not satisfy the laws of other countries. You should not use this Website if you do not reside in Australia.
To the extent permitted by law, the Funding Doctor may change these Terms at any time. Please check these Terms regularly for any changes. In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.
Use of this Website
You are responsible for your activities in connection with accessing and using this Website.
In using this Website, you agree that you will not:
· Use this Website for any activities that breach any laws, infringe any party's rights or breach any standards, content requirements or codes of relevant authorities.
· Distribute through this Website any inappropriate communication or any virus or other disabling code in any form.
· Bypass any security mechanisms imposed by this Website
· Tamper with, hinder the operation of or make unauthorised access or modifications to this Website.
Certain parts of this Website may be restricted to certain users, and other terms of use may apply to the use of these other parts of this Website (Other Terms). To the extent there are any inconsistencies between these Terms and the Other Terms, the Other Terms will prevail.
Disclaimers relating to the Website
The Funding Doctor reserves the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.
The information on this Website is provided for information purposes, general interest and enquiry only. The Funding Doctor makes no warranty or representations that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free. While the Funding Doctor uses reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, THE FUNDING DOCTOR MAKES NO WARRANTY OR REPRESENTTION AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
The use of this Website is at your own risk. Due to the fast-changing nature of this industry, information on this Website may change without notice. Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance to your individual circumstances. This may mean contacting the Funding Doctor or its business partners.
To the extent permitted by law, the Funding Doctor excludes all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use. The Funding Doctor’s liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of this Website again or, at the Funding Doctor’s sole discretion, the payment of the costs of having an equivalent service supplied again.
Third Party Content
This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other websites (Third Party Material). The Funding Doctor has no control over, and is not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, the Funding Doctor does not sponsor or endorse Third Party Materials.
Without limiting the above, certain features of the Website aggregate Third Party Material to produce results for users. The Funding Doctor relies on third parties to supply the Third Party Material and therefore does not warrant the quality or accuracy of the results. To the extent permitted by law, the Funding Doctor has no liability arising out of any results or recommendations produced by the Website. The Users are responsible for the final choice of any product..
Limitation of Liability
To the fullest extent permitted by applicable law, the Funding Doctor excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Material, any recommendations or results generated by the Website, the inability to use any part of this Website or the features on this Website), whether or not it is caused by negligence, and whether or not the possibility of loss was known to The Funding Doctor, its employees or its business partners.
Security
The Funding Doctor takes reasonable steps to protect the information that you disclose using this Website. However, the Funding Doctor cannot guarantee the security of any information that users disclose on this Website. Therefore, any information you disclose on this Website is done so at your own risk.
When using this Website, take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. The Funding Doctor does not accept responsibility for any such interference or damage to systems which arise in connection with your use of this Website.
Financial products and financial services
THE FUNDING DOCTOR DOES NOT OFFER TO SUPPLY ANY FINANCIAL PRODUCTS OR FINANCIAL SERVICES ON THE WEBSITE.
The Funding Doctor is a matching service only. The Funding Doctor may pass on information (including personal information) that you disclose on the Website to participating lenders, with your consent.
After The Funding Doctor passes on this information, you are responsible for dealing with the participating lenders in applying for financial products.
Intellectual Property
Unless otherwise indicated, The Funding Doctor owns and/or is licensed to use all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on this Website. The Funding Doctor authorises users on a non-exclusive basis to reproduce and download the materials solely for use in the intended manner. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without The Funding Doctor’s prior written permission.
All names, logos and trademarks on this Website are the property of their respective owners. Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
Fees and services
Joining and using the Website is free.
The Funding Doctor may charge fees for using other services, such as advertising. These fees are listed on the FAQ page under “What fees do you charge?” [embed link].
The Funding Doctor is involved in the business of facilitating the introduction of private lenders to potential borrowers.
Users are seeking funds from a private lender on their own behalf, or on behalf of their client (the User’s Client). Maybe just use “User”
The Funding Doctor may facilitate the introduction of lenders to the User or the User’s Client (Referral Lenders).
The User acknowledges that Referral Lenders are valuable commercial relationships belonging to The Funding Doctor.
The User acknowledges that The Funding Doctor is devoting time and resources to locate Referral Lenders and introduce them to the User’s? Client for the purpose of obtaining financing.
The User or the User’s Client will pay The Funding Doctor, or its Nominee, a fee as outlined above. For example, if the User or the User’s Client obtains a loan of $15,000,000 from a Referral Lender, plus capitalised fees and interest of $1,000,000, for a total loan amount of $16,000,000, the User or the User’s Client will pay the Funding Doctor a Referral Fee of $91,825. This fee will be payable upon settlement of the loan and will form part of the settlement of the loan.
Except in accordance with this agreement, the User agrees not to:
· Enter or attempt to enter into transactions with Referral Lenders introduced to the User or the User’s Client (either directly or indirectly) by The Funding Doctor;
· Induce or allow the User’s Client to enter into such a transaction; or
· Circumvent or Attempt to circumvent The Funding Doctor or payment of the Referral Fee, in any way.
The Funding Doctor reserves the right to take action against Users who breach this agreement. Such action includes any and all remedies available at law and equity.
General
If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms remaining provisions.
Users who violate these Terms may be removed from the Website and prohibited from returning.
These Terms are governed by the laws of the State of New South Wales, Australia and the Commonwealth of Australia, as appliable.