1. Terms Of Service

Date: 18 September 2024

1.1 About Finder

Hive Empire Pty Ltd (trading as 'finder.com.au') ABN 18 118 785 121 ("Finder") is part of the Finder Group of companies and has its registered office address at Level 10, 99 York Street, Sydney NSW 2000.

1.2 Introduction

Welcome to our Site and the Finder App.

The following Terms of Service (the "Terms") govern your access to and use of the Services on the Sites and Finder App ("Online Platform").

Certain sections of the Terms govern your Finder Account accessed via the Online Platform. All use of the Online Platform and your Finder Account is subject to the Terms. Additional terms that form part of, and are incorporated by reference into the Terms will govern the relevant Services provided to you through the Online Platform by Finder and/or the Finder Affiliates (as applicable), including the Comparison Service, Credit Score Service and Cryptocurrency Trading Service.

By creating a Finder Account or accessing and interacting with the Services and the Online Platform, you acknowledge that you have read, understood and agree to comply with the Terms. If you do not agree with anything contained in the Terms, please do not access or otherwise interact with the Services or Online Platform.

In the Terms, users of the Online Platform (including, without limitation visitors who browse the Online Platform but do not use any Services) and Finder Account holders are sometimes referred to in the Terms as "you" or "your".

The Online Platform is operated by Finder. Where certain Services that are available and accessible on the Online Platform (e.g. the Cryptocurrency Trading Service) are provided by any Finder Affiliate, the terms for the relevant Service will expressly state as such.

Finder and the Finder Affiliates may be referred to as "we", "us" or "our" in the Terms (as applicable). Together, you and we may be collectively referred to as "Parties".

1.3 Modification to the Terms of Service

We reserve the right to make changes to the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Services and the Online Platform after any modification of the Terms will mean that you accept those changes.

Notwithstanding the above, we will seek to notify you of future modifications to the Terms to the extent that we are required to do so by law.

1.4 Electronic Communication

Finder and the Finder Affiliates may be required to provide certain legal and regulatory disclosures, confirmations, notices and other communications (collectively "Communications") to you in written form. By agreeing to the Terms, you consent to Finder and the Finder Affiliates delivering such Communications to you in electronic form, including e-mail. Consent for electronic delivery applies to every year the Communications are furnished. If you no longer have access to your Finder Account to receive the Communications in electronic format, then you may request the Communication in written form.

You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such Communications would satisfy if they were provided in writing. With respect to the Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

1.5 Finder Group Privacy Policy

Your privacy is very important to us. We encourage you to read the Finder Group Privacy Policy, which explains how we treat your personal information and protect your privacy when you use the Services and are interacting with the Online Platform. By using the Services and interacting with the Online Platform, you agree that Finder, and the Finder Affiliates, may use your personal information as set forth in the Finder Group Privacy Policy. The Finder Group Privacy Policy is incorporated in the Terms by reference in its entirety.

1.6 Finder Account

Basic access to the Online Platform is publicly accessible. However, to use certain Services on the Online Platform e.g. to obtain the Credit Score Service, or to submit a review or use the Finder App, you must:

  • be at least eighteen (18) years of age;
  • have not previously been suspended or removed from the Online Platform or by law;
  • create a Finder Account by visiting the Finder.com.au Site on your desktop or via the Finder App, and completing the Finder Account registration process, including verifying your identity where required to use the relevant Services; and
  • comply with the Terms and any relevant laws.

Once registered, a Finder Account will be provided to you to access the Online Platform. You can only have one Finder Account and attempts to create or maintain duplicate accounts may result in banning or other actions.

You agree that the registration information you provide at the time of creating a Finder Account is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. You understand that a change in your state or country of residence may impact your eligibility to access and use the Online Platform and agree to notify us in advance of any change in your State or Country of residence.

1.7 Online Platform Services

The terms and conditions for each of the Services available through the Online Platform below form part of, and are incorporated by reference in their entirety into the Terms:

Comparison Service

When you access the Online Platform (including any of the Finder.com.au, Finder Shopping and Top10PetInsurance Sites) to compare the range of our Partners' products and services that we make available for comparison, your use of the Comparison Service is governed by the Comparison Service Terms of Use. The Comparison Service is provided by Finder.

Finder App

When you download the Finder App on your device, such use and any other interaction with the Finder App are governed by the Finder App Terms. The Finder App is provided by Finder Ventures.

Cryptocurrency Trading Service

When you use the Cryptocurrency Trading Service to buy, sell and hold supported cryptocurrency in the Finder Wallet section of the Finder App, all such transactions and any other matters ancillary to trading cryptocurrency via the Finder App are governed by the Cryptocurrency Trading Terms. The Cryptocurrency Trading Service is provided by Wallet Ventures Pty Ltd (trading as Finder Wallet), a third party service provider.

Credit Score Service

When you use the Credit Score Service to request us to make your Experian credit score and credit report available and accessible to you in your Finder Account, your application for and use of the Credit Score Service is governed by the Credit Score Terms and Conditions. The Credit Score Service is provided by Finder.

1.8 Identify Verification

Finder and the Finder Affiliates, are required to verify the identity of Finder Account holders who wish to opt-in to and use the Credit Score Service and/or Cryptocurrency Trading Service. Finder and the Finder Affiliates, collect and verify your personal and financial information. We may also obtain personal information from third parties in order to verify your identity or to prevent fraud. Personal information collected from any source may include, among other things, your name and address, date or birth and government identity document details. You certify that the information provided is correct. You authorise us, or a third party service provider that we designate, to take any measures that we consider necessary to confirm the personal information you provide, verify and authenticate your personal information, and take any action we deem necessary based on the results. You acknowledge that this process may result in a delay in completing registration of your Finder Account, and that you may not be authorised to access or use your Finder Account or any of the Services until registration has been successfully completed.

1.9 Account Security and Password

Finder and the Finder Affiliates exclude all liability, and you acknowledge and agree that neither will be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorised use of your Finder Account, including your Finder Account ID or password.

Data transmitted via the Online Platform may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Online Platform. To the extent such technology is utilised on a given page, you may be unable to use certain account or customisation features of the Online Platform unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Online Platform may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. Subject to applicable law, Finder and the Finder Affiliates will have no liability to you for any such exploitation or criminal conduct by third parties.

As part of our Anti-Money Laundering Program ("AML Program"), we will monitor your Finder Account and your use of the Online Platform, and review your personal information on an ongoing basis, as may be required by law or pursuant to our internal policies and procedures. At any time, we may require you to provide us with additional personal information as a condition to your continued access to and use of your Finder Account and the Online Platform. During such time, your access to and use of your Finder Account and the Online Platform may be temporarily restricted.

1.10 Potentially Fraudulent Activity

Any actual or suspected unauthorised access or unauthorised activity will be treated by us as potentially fraudulent ("Potentially Fraudulent Activity"). You agree to notify us immediately if you become aware of or suspect any Potentially Fraudulent Activity by contacting us directly by clicking the Live Chat button on the bottom right corner of your screen or emailing us at help-au@finder.com.

For avoidance of doubt, you are deemed to be aware of Potentially Fraudulent Activity upon receipt of any notice of the occurrence of such activity. Upon receipt of written notice from you of any Potentially Fraudulent Activity, we will take reasonable steps to protect your Finder Account, including, for example, by temporarily restricting access to your Finder Account, suspending any pending transactions, or requiring you to change your login credentials.

You agree to promptly report any Potentially Fraudulent Activity to legal authorities if required by applicable law, and to provide us a copy of any report prepared by such legal authorities. In the event of a legal investigation of any Potentially Fraudulent Activity, you further agree to (i) cooperate fully with the legal authorities and Finder and the Finder Affiliates in such investigation; (ii) complete any required statutory declarations promptly, accurately and thoroughly; and (iii) allow Finder and the Finder Affiliates, or any third party designated by us, access to your mobile device, computer, and network as may be relevant to such investigation. Failure to cooperate in any such investigation may cause delays in regaining access to your Finder Account and any funds held within.

1.11 Acceptable Use of the Online Platform

You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date. You agree that you are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access to the Online Platform by Finder or by law).

Accessing the Services and any information, resources,, products, services and tools of the Online Platform by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Online Platform, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Finder's, or the Finder Affiliates' users or employees.

You may not violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Online Platform, the Services or any of our data, including overburdening, spamming, engaging in a denial of service attack or similar activities (or attempt to do any of the above).

You are solely responsible for all activity that occurs on or under your Finder Account (whether or not expressly authorised by you), and for maintaining the confidentiality of your login details. Finder will have no liability to you or any other person for acts or omissions made or committed by your agent, representative or third-party service provider in respect of your Finder Account.

You will not transmit to Finder, or any of the Finder Affiliates, or make available on or upload any information to the Online Platform that: (i) is commercial or promotional in nature; (ii) is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others; (iii) is capable of giving rise to legal action whether against you or Finder or any affiliate third party; (iv) infringes any patent, trademark, trade secret, copyright, or other property rights of any party; (v) impersonates any person or entity (including Finder or its employees and representatives); or (iv) contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Online Platform or its software, data or network.

Finder reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Finder does not control any information provided by other users that may be made available on or through the Online Platform. Notwithstanding Finder's rights under the Terms, Finder does not undertake, and will not be obligated, to monitor the submission of any content to, or the publication of any content on, the Online Platform at any time. Finder reserves the right to refuse any of the Services, terminate relationships, and cancel orders or transactions in its discretion.

By submitting information, feedback or other material to Finder, or any of the Finder Affiliates, including on or through the Online Platform or your Finder Account, you: (i) acknowledge that such information is non-confidential, except for any personal and financial information; (ii) grant Finder, and the Finder Affiliates, a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials in any form or medium known or later developed; and (iii) agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

1.12 Suspension of the Online Platform and Services

We will be entitled to suspend or withdraw your right to use the Online Platform and the Services (or any part thereof) where:

  • you have used the Services or Online Platform (or any part thereof) in a manner which is unlawful or contrary to the Terms;
  • there has been unauthorised or fraudulent use of your Finder Account or we have reasonable grounds to suspect such fraudulent or unauthorised use;
  • we are conducting identity verification and/or anti-money laundering or similar checks on you, until those checks are completed to our satisfaction;
  • we are required to do so by law or regulation; or
  • we reasonably determine that it is necessary to do so.

1.13 Fees

Fees and Charges are published on the Online Platform. We may change our Fees and Charges from time to time. We may notify you of any changes to our Fees by publishing notice of such changes on the Online Platform. You should review the current Fees and Charges prior to accessing or using the Services.

1.14 Regulatory Notices

Finder provides factual information, general advice and services on financial products as a Corporate Authorised Representative ("CAR") 432664 of Finder.com.au Pty Ltd, Australian Financial Services Licence ("AFSL") 547310. Please refer to the FSG - Financial Products.

Finder also provides general advice on credit products under its own Australian Credit Licence ("ACL") 385509. Please refer to the Credit Guide for more information.

Finder Wallet is a digital currency exchange registered with AUSTRAC. Finder Wallet is not a bank and does not hold an AFSL.

1.15 Intellectual Property

All rights, title, and interest in and to the Online Platform and the Content (defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Finder, the Finder Affiliates or its licensors, as applicable. The "Content" includes all contents of the Online Platform, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all information and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Online Platform's likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Online Platform.

Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Online Platform and the Content for personal use until such time as the Terms terminate or expire or your right to use or access the Online Platform is terminated in accordance with the Terms.

Except as explicitly permitted by the Terms, you may not, and you may not allow others to, sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Finder, any Content. You may not, and you may not allow others to: (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Content, or (ii) remove or alter authorship attribution or copyright notices or similar information on the Online Platform or any products or materials embodying or containing any Content.

Any violation of the provisions of the Terms regarding Finder's Intellectual Property may subject you to compensatory and punitive damages, and shall specifically also entitle Finder to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.

finder® and finder.com.au® trademark and logos are registered trademarks of Hive Empire Pty Ltd.

1.16 Third-Party Websites and Content

The Online Platform may contain links or connections to third party websites. Any such link or connection is provided only as a convenience and should be used at your own risk. Finder has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Finder or create any liability on the part of Finder in respect of such link or connection. Your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.

Finder will have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.

1.17 Product Information

You may be able to access information about the Services or our Partner's products and services via the Online Platform. You acknowledge that it is your responsibility to assess the appropriateness of any product or service in light of your personal objectives, financial situations or needs, and, if necessary, seek appropriate professional advice. The provision of product information is not and should not be seen as the provision of personal financial advice.

1.18 Termination

You may cease using the Online Platform at any time. If you are not in full compliance with all of the Terms, the permissions granted to you under the Terms will automatically terminate, and in such circumstances, you will no longer use or access, or be entitled to use or access, the Online Platform, the Content or any Finder Account.

Finder may terminate your right to use the Online Platform, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Finder may exercise this right to terminate your right to use the Online Platform include, but are not limited to:

(i) you have breached any provision of the Terms;
(ii) you have engaged in conduct which Finder, in its sole discretion, considers to be unacceptable;
(iii) Finder is required by law to do so; or
(iv) Finder no longer provides the Online Platform.

The above are only examples of circumstances in which Finder may terminate your right to use the Online Platform and Finder may terminate your right to use the Online Platform for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Online Platform or the automatic termination of your right to use the Online Platform for non-compliance set forth above.

Any ongoing obligations on you, and the provisions relating to: (i) Finder's Intellectual Property; (ii) Finder's Remedies; (iii) Indemnification; (iv) Limitation of Liability; (v) General, and (vi) any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.

1.19 Finder's Remedies

Without prejudice to Finder's other rights under the Terms, if you breach the Terms in any way, Finder may take such action as Finder deems appropriate to deal with the breach, including suspending your access to the Online Platform, prohibiting you from accessing the Online Platform, blocking computers using your IP address from accessing the Online Platform, contacting your internet service or other telecommunications provider to request that it block your access to the Online Platform and bringing court proceedings or taking other legal action against you. If you violate the Terms, Finder will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.

1.20 Indemnification

You agree to indemnify and hold Finder and the Finder Affiliates, agents, officers, and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable legal fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Online Platform, the Content, or your Finder Account, (ii) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Finder Group Privacy Policy, (iii) your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (iv) any act or omission by your agent, representative or third-party service provider while using your Finder Account, regardless of whether the specific use was expressly authorised by you.

1.21 Limitation of Liability

All express or implied guarantees, warranties, representations, statements, terms and conditions which are not expressly set out in the Terms are excluded. Nothing in the terms excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied or imposed in relation to the Terms under the Australian Consumer Law or any other applicable legislation (a "Non-Excludable Provision") and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or( (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. In any event, our maximum aggregate liability for all claims arising under or relating to the Terms whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to the amount paid, if any, by you to access or use the Online Platform. To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or loss of business, goodwill, reputation or for business interruption.

1.22 General

All rights in the Online Platform not otherwise expressly granted to you by the Terms are reserved to Finder. The Terms, together with the Finder Group Privacy Policy, constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersedes all other prior or contemporaneous negotiations, discussions, agreements, understandings, representations and warranties, both written and oral, between you and us with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Finder as a result of the Terms or any use of the Online Platform. The failure of Finder to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Finder, nor trade practice, shall act to modify any provision of the Terms. For purposes of the Terms, the terms include, includes, including, such as and for example, shall be construed as if each term were followed by the words, without limitation. Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

1.23 Contact Information

If there are any questions regarding our Terms of Service, you may contact us using the following information:

Level 10, 99 York Street
Sydney, NSW 2000

or

You contact us directly by clicking the Live Chat button on the bottom right corner of your screen or emailing us at help-au@finder.com.

1.24 Definitions

AML Program means has the meaning given at section 1.9 (Account Security and Password) of the Terms.

Communication has the meaning given at section 1.4 (Electronic Communication) of the Terms.

Content has the meaning given at section 1.15 (Intellectual Property) of the Terms.

Comparison Service has the meaning given at section 3.2 (Comparison Service) of the Comparison Service Terms of Use.

Credit Score Service has the meaning given at section 4.2 (Credit Score Service) of the Credit Score Terms and Conditions.

Cryptocurrency Trading Service has the meaning given at section 5.31 (Definitions) of the Cryptocurrency Trading Terms.

Fees and Charges means the fees, charges and other costs applicable to the relevant Service (if any), that are published for the Service on the Online Platform.

Finder means Hive Empire Pty Ltd (ABN 18 118 785 121).

Finder Account means the online account created on the Finder.com.au Site and accessed on that Site and/or the Finder App.

Finder Affiliate means: (a) Finder Ventures and any company (other than Finder), trust or other entity that is a subsidiary of Finder.com Pty Ltd within the meaning of the Corporations Act 2001 (Cth) or an entity which is, for the purposes of section 50AA of the Corporations Act 2001 (Cth), under the "control" of Finder.com Pty Ltd; and (b) third party service providers who offer Services through the Online Platform e.g. Wallet Ventures Pty Ltd who offers Crytocurrency Trading Services.

Finder App means the mobile application operated by Finder and owned by Finder Ventures.

Finder Group Privacy Policy means the webpage located at https://www.finder.com.au/finder-group-privacy-cookies-policy, or such replacement webpage as may be in force and used from time to time.

Finder Ventures means Finder Ventures Pty Ltd (ABN 82 624 472 064).

Finder Wallet means Finder Wallet Pty Ltd (ABN 11 149 012 653).

Non-Excludable Provision has the meaning given at section 1.21 (Limitation of Liability) of the Terms.

Online Platform means the Site(s) and/or Finder App through which the relevant Service is provided.

Partner means a third party provider with whom Finder has a commercial arrangement, and agrees to promote and advertise the third party's products and/or services on the Online Platform, and refer potential customers to, by redirecting or otherwise facilitating contact the third party's contact with, users of the Online Platform.

Potentially Fraudulent Activity has the meaning given at section 1.10 (Potentially Fraudulent Activity) of the Terms.

Services means the products and services provided by Finder and/or any Finder Affiliate via the Online Platform, including without limitation, the Comparison Service, Credit Score Service and Cryptocurrency Trading Service.

Site means the website(s) owned and operated by Finder to provide the relevant Service, including, without limitation:

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