Terms of Use

Privacy and Credit Reporting Policy

Joust Software Pty Ltd ACN 603 612 013 Australian Credit Licence 481805 and Joust Pty Ltd ACN 603 603 667 Authorised Credit Representative 484955 (‘we’, ‘us’, ‘our‘) are committed to protecting the Personal Information we collect and hold about you.

This privacy policy explains how we collect Personal Information and how we maintain, use and disclose that information. It also provides some detail about your privacy rights along with our general rights and obligations and our policy in relation to the Personal Information we keep on record. We will abide by the Australian Privacy Principles for the protection of Personal Information, as set out in the Privacy Act 1988 (Cth) and any other relevant law.

Unless otherwise indicated, capitalised terms are defined in our Terms of Use.

1. What is Personal Information?

1.1 Personal Information is any information or an opinion, in any form and whether true or not, about an identified individual or an individual who is reasonably identifiable.

1.2 Credit Information is information which is used to assess your eligibility to be provided with finance and may include any finance that you have outstanding, your repayment history, and any defaults. Usually, Credit Information is exchanged between credit and finance providers and credit reporting bodies.

1.3 We do not collect sensitive information about you such as your religion or health related information. We will ask for your consent before we collect and hold sensitive information about you.

2. What Personal Information do we collect and hold and how is it collected?

2.1 We collect from you (either directly or when you access and use our Services via our Site) Personal Information such as your name, date of birth, address, contact number and email address and any other information we may need to identify you.

2.2 Once you have indicated your acceptance of a Bid Response from a Provider in the Joust Auction, or you submit your Personal Information through the Joust Instant Match application, you will deal directly with them and they may require you to disclose additional Personal Information.

2.3 You do not need to give us any Personal Information about you or any other person which may be requested in our communications with you. However, without that Personal Information, or if you give us incorrect or inaccurate Personal Information, we may not be able to provide you with our Services.

2.4 We may also collect your Personal Information:
(a) from third parties such as Equifax Advantage Information Services and Solutions Ltd (Equifax), a credit reporting body and our third party service providers; and
(b) from publicly available resources.

2.5 Other kinds of Personal Information we may collect and hold about you include your current bank and branch or BSB, existing loan balances, occupation, employment history, income details and employer information.

2. Why we collect your Personal Information

We collect, hold and use your Personal Information for the purposes of:

(a) obtaining credit reporting information from Equifax as part of the Joust Auction;
(b) enabling Providers to view a de-identified customer profile for the purpose of eliciting a Bid Response as part of the Joust Auction;
(c) providing our Services to you;
(d) dealing with complaints or issues you may have in relation to our Services;
(e) reviewing your dealings with us, including the Services you use, your potential needs, and new services that might be of interest to you or other customers;
(f) sharing with you updates, including any software updates;
(g) ensuring our internal business operations are running smoothly which may include fulfilling legal requirements and conducting confidential systems maintenance and testing;
(h) direct marketing (from time to time we or businesses affiliated with us may offer you other products and services), but we will not use credit reporting information for this purpose; and
(i) other related purposes.

3. When do we disclose your Personal Information?

3.1 We may disclose your Personal Information to:
(a) Equifax in order for them to generate credit reporting information.

(b) Providers: We provide Providers with a de-identified customer profile (which includes your credit reporting information and is current at the date it was issued) for the purpose of eliciting a Bid Response in the Joust Auction. If a Provider’s Bid Response is accepted by you, that successful Provider will be provided with your full customer profile. In addition, if you do not accept any of the Bid Responses submitted by Providers in respect of your Bid Request, we may provide your full customer profile to an Opted-In Provider (please see paragraph 7.3 of our Terms of Use and the FAQ page on our Website for further details). We provide Lending partners with basic information such as your loan amount, name, employment status, annual income and email address when you successfully submit a Joust Instant Match application.

(c) Third Party Service Providers: We contract with service providers to perform certain functions on our behalf. Examples include database providers who assist in identity verification, credit scoring and credit reporting bodies, IT service providers and payment system operators. Our Third Party Service Providers will only store your Personal Information in Australia.

(d) Direct marketers: To associated business that may want to market products to you. If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting us on info@joust.com.au

(e) Anyone who represents you or where you have provided us consent.

(f) Investors, agents or advisers, or any entity that has an interest in our business.

(g) Government agencies or regulatory bodies where required to do so by law.

3.2 Prior to disclosing any of your Personal Information to another person or organisation, we will take all reasonable steps to satisfy ourselves that:

(a) the person or organisation has a commitment to protecting your Personal Information at least equal to our commitment; or

(b) you have consented to us making the disclosure.

3.3 By using our Services you are deemed to have consented to our use, disclosure and other matters in relation to your Personal Information, as set out in this policy and our Terms and Conditions.

4.Other information we collect

4.1 We also collect some statistical information about visitors to our Website (for example, the number of visitors and members, pages viewed, types of transactions conducted, time online and documents downloaded). Some of this statistical information is collected by using cookies, but this statistical information does not allow us to identify a visitor.

4.2 We use this statistical information to evaluate our Website performance and to improve our loyalty programs and Services.

4.3 We may disclose or sell this statistical information to third parties including advertisers or potential advertisers. Other than statistical information, we do not collect any information about you through our Website or unless you voluntarily provide the information to us.

5. Links to third party sites

5.1 This privacy policy does not apply to parties that may be linked or associated with our Website and to whom you disclose Personal Information.

5.2 These links are provided for your convenience and do not represent our endorsement of any linked third party website. Those website owners are responsible for the privacy of the information they collect and we recommend that you check the privacy policies of these third parties prior to providing them with your Personal Information.

Credit Reporting Policy

6. Credit information (Joust Auction)

6.1 We will not obtain any other credit reporting information about you from Equifax other than your credit report and credit score. We will only hold your credit report and credit score for a period of 30 days. We do not provide any credit reporting information about you to Equifax or to the Providers.

6.2 We collect your credit reporting information from Equifax and may exchange your de-identified customer profile (which includes your de-identified credit reporting information and is current as at the date it was issued), but not your credit report, with the Providers for the purpose of eliciting a Bid Response. If a Provider’s Bid Response is accepted by you, that successful Provider will be provided with your full customer profile. An Opted-In Provider (as defined in paragraph 7.3 of the Terms of Use) may also be provided with your full customer profile in the circumstances described in the Terms of Use. However a Provider may undertake its own credit report (in addition to the customer profile we have provided) as part of its normal credit assessment and procedures prior to formalising any loan to you.

6.3 We may disclose your credit reporting information to entities that provide support functions to us (see under the heading “4 When do we disclose your Personal Information?)” above.

7. Notifiable matters (Joust Auction)

7.1 The law requires us to advise you of ‘notifiable matters’ in relation to how we may use your credit reporting information. You may request to have these notifiable matters (and this privacy policy) provided to you in an alternative form.

7.2 We collect your credit reporting information from credit reporting bodies. Credit reporting bodies include credit reporting information in reports to assist credit providers such as the Providers to assess your credit worthiness and assess your application for finance.

7.3 You have the right to request access to the credit reporting information that we hold about you and make a request for us to correct that credit reporting information if needed. Please see the headings “Updating and correcting your Personal Information” and “access to your Personal Information and credit reporting information” below.

7.4 Sometimes your credit reporting information will be used by credit reporting bodies for the purposes of ‘pre-screening’ credit offers on the request of other credit providers. You can contact the credit reporting body at any time to request that your credit reporting information is not used in this way.

7.5 You may ask a credit reporting body not to use or disclose your credit reporting information for a period if you believe on reasonable grounds that you may have been a victim of fraud.

7.6 The credit reporting body we deal with is Equifax – www.equifax.com. A copy of their privacy and credit reporting policy is available on its website.

OTHER MATTERS

8.Call recording for quality and training purposes

8.1 When you speak with us on a call (for example, in relation to your Joust Auction or Joust Instant Match application), we may record the call for quality assurance and training purposes.  We will not record a call unless we are permitted to do so by law or we have your express or implied consent to do so.

9. Security of your Personal Information

9.1 We will take reasonable steps to protect your Personal Information (including credit reporting information) from misuse, loss and unauthorised access, modification or disclosure by storing it in a secure environment.

9.2 Your Personal Information (including credit reporting information) may be held by us in electronic form on our secure servers and may also be held in paper form. We may use cloud storage to store your Personal Information (including credit reporting information) and the IT servers will be located in Australia.

10. Updating and correcting your Personal Information


10.1 We will rely on you to ensure the Personal Information (including credit reporting information) we hold about you is accurate or complete.

10.2 If any of the Personal Information we hold about you is incorrect, inaccurate or out of date you may contact us at info@joust.com.au and request that we correct the information.

10.3 If appropriate we will correct the Personal Information at the time of the request, otherwise, we will provide an initial response to you within 7 days of receiving your request. We will provide you with details about whether we have corrected the Personal Information within 30 days.

10.4 We may need to consult with other credit providers or credit reporting bodies or entities as part of our investigation.

10.5 If we refuse to correct your Personal Information, we will provide you with our reasons for not correcting that information.

11. Access to your Personal Information and credit reporting information

11.1 You may request access to any of the Personal Information (including credit reporting information) we hold about you at any time by contacting us at info@joust.com.au. We may charge a fee for our costs of retrieving and supplying the information to you.

11.2 We usually respond to you within 7 days of receiving your request. We may need to contact other entities to properly investigate your request.

11.3 There may be situations where we are not required to provide you with access to your Personal Information, for example, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious.

11.4 We will provide you with an explanation if we deny you access to the Personal Information we hold about you.

12. Using government identifiers

If we collect government identifiers, such as your tax file number, we do not use or disclose this information other than required by law. We will never use a government identifier in order to identify you.

13. Complaints

13.1 If you are dissatisfied with how we have dealt with your Personal Information, or you have a complaint, please contact us at info@joust.com.au.

13.2 We will acknowledge your complaint within 7 days. We will provide you with a decision on your complaint within 30 days.

13.3 If you are dissatisfied with our response, you may make a complaint to the Commissioner on either www.afca.org.au or 1300 931 678.

14. Change in our privacy and credit reporting policy

14.1 We may change this privacy and credit reporting policy from time to time. You should regularly review this page to familiarise yourself with our updated privacy and credit reporting policy.

14.2 You may request this privacy and credit reporting policy in an alternative form.

This policy was updated on 20th July 2020

Terms of Use

These terms apply to the Joust website (the Site), owned and operated by Joust Software Pty Ltd ACN 603 612 013 Australian Credit Licence 481805 and Joust Pty Ltd ACN 603 603 667 Authorised Credit Representative 484955 (‘we’, ‘us’, ‘our‘).  The Site is designed to assist you to compare financial and credit products (Products) offered by third party participating financial institutions and mortgage brokers (Provider) in the form of offers received (Bids) and to select or match with a provider (Services).

By using either the Website you agree to be bound by these terms and conditions (Terms and Conditions). You also acknowledge that we have provided you with our Privacy and Credit Reporting Policy.

We have the right to update these Terms and Conditions from time to time.  You should regularly review this page to familiarise yourself with our updated Terms and Conditions.

1. Important disclaimers for both the Joust Auction and Joust Instant Match products (see Glossary for details on each)

1.1 We provide information on our Site about Products such as home loans and personal loans provided by financial institutions, credit or financial services providers and other organisations in connection with the Services offered by us or by those Providers.

1.2 While we have made every effort to ensure that such information is correct and complete, we have relied on any information provided to us by the Providers. We take no responsibility and do not make any representations, either express or implied, as to the quality, accuracy, reliability or credibility of information or material provided or linked on the Site by the Providers or the tools (or any calculation) or tables on the Site.

1.3 The information contained in the Site and any results provided to you are not personal advice or an endorsement or recommendation of any Products by us. We are not:
(a) suggesting that you apply for a particular Product or accept a particular Bid or Offer Response (see section 4 below) from a particular Provider;

(b) making a recommendation as to the suitability of a Product for your purposes; or

(c) trying to assist you to apply for a particular Product with a particular Provider.

1.4 We recommend that you evaluate your own individual needs, objectives and situation and seek independent advice before acting upon any information provided or linked on the Site or accepting a Bid Response or Offer Response. Please ensure you check any information, including the interest rates quoted by the Providers, if you intend to rely on them.

1.5 We reserve the right to change the Providers and other organisations referred to, and information about them, at any time.

1.6 The Site may contain links to other websites. Those links are not an endorsement or recommendation of any material on those linked websites or any third party products and services offered by, from or through those sites.

2. Use of the Joust Auction.

2.1 Subject to these Terms and Conditions, we grant you a non-transferable, non-exclusive, royalty-free, license to use the website, and solely for your personal use for the purpose of receiving our Services.

2.2 We own and remain, at all times, the owner of the website. You must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), licence, alter, adapt, reverse engineer or modify the whole or any part of the website in any way.

2.3 You acknowledge that rights in the website are not sold to you and that you have no rights in, or to, the website or the technology used or supported by the website other than the right to use each of them in accordance with these Terms and Conditions.

2.4 You must:

(a) not remove or tamper with any copyright notice attached to or contained in the Site;

(b) not use the website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;

(c) not use the Site in any way that could damage, disable, overburden, impair or compromise the website, our systems or security or interfere with other users; and

(d) comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site, which may include but is not limited to not using the Site in a country where the use of the Site is unlawful.

3. How do I submit a Joust Bid Request in the Joust Auction?

3.1 To submit a Bid Request you must first provide personal information to enable us to verify your identity, including your name, date of birth, an email address and an Australian mobile phone number and accept these Terms of Use. By doing so, you warrant that:

(a) you are at least 18 years of age;

(b) all information provided by you is correct;

(c) you are eligible to register and use the Site and have the right, power and ability to enter into and comply with these Terms and Conditions;

(d) you will be solely responsible for the activity that occurs while you use the Site;

(e) you will not impersonate any other person or use another person’s registration details without their permission; and

(f) you will not harass or interfere with another user’s use and enjoyment of the Site.

3.2 When you submit your application using the Site you are asking the Providers to provide an indicative offer to provide you with the Product you have requested (Bid Request). We retain the information contained in that Bid Request and may transmit the Bid Request, or part of the Bid Request to some or all of the Providers and other third-party service providers.

3.3 You may be able to suspend and save a Bid Request, so you can complete and send the Bid Request at a later time.

4. How do I submit a Joust Instant Match application?

4.1 To submit a Joust Instant Match application you must provide personal information to enable us to find you a home loan offer that meets your requirements, including your name, an email address and information about the type of loan that you require and accept these Terms of Use. By doing so, you warrant that:

(a) you are at least 18 years of age;

(b) all information provided by you is correct;

(c) you are eligible to register and use the Site and have the right, power and ability to enter into and comply with these Terms and Conditions;

(d) you will be solely responsible for the activity that occurs while you use the Site;

(e) you will not impersonate any other person or use another person’s registration details without their permission; and

(f) you will not harass or interfere with another user’s use and enjoyment of the Site.

4.2 When you submit your Joust Instant Match application using the site you are granting us permission to share your Personal Information with up to three Providers who will then use the Personal Information provided to get in contact with you to discuss offers and solutions that they have for you. We retain the information contained in that application in accordance with our privacy policy.

5. What will you do with the information we collect?

5.1 By submitting a Bid Request or Joust Instant Match enquiry, you consent to us:

(a) contacting you (using any of the contact details provided), collecting and keeping records of your personal information in accordance with the Privacy and Credit Reporting Policy;

(b) using the information to provide you with the Services, including the disclosure of that information to the Providers and other third-party service providers;

(c) In the case of a Joust Auction Bid Request requesting Equifax Advantage Information Services and Solutions Ltd (Equifax), a credit reporting agency, to provide us with your credit reporting information.  We may communicate your Personal Information to Equifax in order to obtain your credit reporting information.

6. Who will see my credit score in a Joust Auction Bid Request?

6.1 Your de-identified customer profile (which includes your credit reporting information and is current as at the date it was issued) will be provided to the Providers in order for them to submit an indicative response to your Bid Request which will be based on the information you have provided and the Product you have requested in your Bid Request (Bid Response). The Bid Response will set out some of the details of the Product the Provider is offering (for example, the applicable interest rate). We do not guarantee that any Provider will submit a Bid Response upon receiving your Bid Request and de-identified customer profile. We will not provide your credit report to the Providers.

6.2 If a Provider’s Bid Response is accepted by you (Joust Auction), that successful Provider will be provided with your full customer profile. However, a Provider may undertake its own credit report (in addition to the customer profile we have provided) as part of its normal credit assessment and procedures prior to formalising any loan to you.

6.3 In the event you do not accept any of the Bid Responses in the Joust Auction submitted by Providers, your details will automatically be provided to the leading Provider at the end of your Joust Auction period. Please refer to paragraphs 6.2 and 6.3 below for more details. Also refer to our FAQ page on our Website.

6.4 You may request your credit reporting information from us within 30 days after it has been obtained by us from Equifax (Joust Auction). We do not hold your credit reporting information beyond this 30 day period. You acknowledge and understand that Equifax does not permit us to provide you with any Personal Information or credit reporting information about you other than your credit report or score.  If you wish to obtain other credit reporting information from Equifax, then you must contact Equifax directly.

7. How do I accept a Bid Response in the Joust Auction?

7.1 The Products that are the subject of the Bid Responses are supplied by the Providers.

7.2 As a part of your Joust Auction Bid Request, your information will automatically be provided to the Provider of the leading Bid Response at the end of your Joust Auction period.

7.3 You may choose not to have your information automatically sent to the winning Provider by opting out of this process at any time during your Joust Auction period in your Customer Leaderboard.

7.4 You may also choose to manually accept a Bid Response at the end of, or any time during, your Joust Auction period. This may be the Provider with the leading Bid Response to your Bid Request, or any other Provider with a Bid Response you believe best serves your needs. You may also manually accept more than one Bid Response offer at the end of your Joust Auction period, if you would like to discuss offers with more than one Provider. In either case – whether you have been automatically referred to the Provider with the leading Bid Response, or have manually selected a Provider’s Bid Response – the Bid Response will not be legally binding on you or the Provider until you have and the Provider have entered into formal documentation on its usual terms.

7.5 The Provider’s Bid Response in the Joust Auction will be subject to its normal lending policies and procedures, including responsible lending practices and verifying your identity and any details you have submitted.

7.6 We are not the supplier of any Products that you may view or select through the Site and we are not responsible for the content of any Bid Response for a Joust Auction, or offer displayed in a Joust Instant Match). The Site is designed to facilitate your transaction with the relevant Provider.

8. What happens once I accept a Bid Response in a Joust Auction?

8.1 It is important that you understand that once you decide to accept a Bid Response by a Provider, or you have been automatically connected with the leading Bid Response Provider, you will be dealing directly with that Provider and not with us.

8.2 The relevant Provider will be provided with a full copy of your Bid Request and will contact you using the details you have provided, usually within 1 Business Day.

8.3 As per 6.2, in the event that you do not manually accept any of the Bid Responses submitted by Providers in relation to your Bid Request, and you do not choose to opt-out of being automatically referred, we may provide a full copy of your Bid Request to the Provider who submitted the Bid Response that came in the leading position on the customer leaderboard.

8.4 The Providers are:

(a) not our employees, contractors or agents, and we will have no liability to you in relation your dealings with the Providers including any advice or recommendations they may make; and

(b) entirely responsible for their Bid Responses in a Joust Auction and offers in a Joust Instant Match application and all Products made available and offered through the Site. You should refer to any applicable terms and conditions provided by the Provider in connection with the Products.

8.5 You will make all arrangements in relation to Products you require from a Provider and you will be responsible for all fees and charges (if any) payable to a Provider or in relation to their Products.

8.6 Any dispute between you and the Provider must be resolved by you and the Provider. We are under no obligation to resolve or assist you in resolving a dispute with a Provider.

9. What are my obligations?

9.1 You must ensure that any information provided in a Bid Request in the Joust Auction, or offer in a Joust Instant Match application is complete, accurate and not misleading.

9.2 The Site is made available to you only for personal or non-commercial use in obtaining the Services. You must not use the Site:

(a) for commercial purposes (including for competitive advantage or to the competitive disadvantage of us);

(b) in any manner that is inconsistent with the purpose for which the Site is provided;

(c) in any manner which is in breach of any laws; or

(d) in any other way which is not expressly permitted by these Terms and Conditions.

9.3 Without limiting the above, you will not and will not permit a third party to:

(a) use or access the Site or its content in a way that infringes the intellectual property rights or other rights of any person;

(b) copy or disclose to any person, any content other than as expressly permitted by these Terms and Conditions;

(c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the content;

(d) use any method or process to consolidate or combine the content with any other content, data, information, images or material;

(e) reverse engineer, disassemble or otherwise attempt to construct or identify the Site’s source code, formulas or processes;

(f) use, access or retain any content in any manner or form whatsoever, unless expressly permitted by these Terms and Conditions;

(g) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Site;

(h) use, obtain or attempt to obtain from this Site, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;

(i) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Site;

(j) do anything which will or may place an unreasonable load on the infrastructure of Site; and

(k) transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of this website, its software or hardware.

10. When can we terminate or suspend access to the Site?

10.1 We may restrict your access to the Site for any period of time necessary if:

(a) we need to conduct an investigation or resolve any pending dispute related to your access to the Site; or

(b) necessary to comply with any applicable law or court order, or if requested by law enforcement or governmental entity.

You will be notified of such restricted access unless we are legally prevented from notifying you.

10.2 We reserve the right to cancel, suspend, discontinue or terminate your access to the Site if you:

(a) breach these Terms and Conditions;

(b) breach any of our policies;

(c) pose an unacceptable credit or fraud risk;

(d) provide any false, incomplete, inaccurate, or misleading information; or

(e) suffer from death or bankruptcy.

10.3 If your access to the site is suspended, such access may be renewed once we form the view that the reason for the suspension has been suitably remedied.

10.4 If your access to the Site is cancelled, discontinued, suspended or terminated, you acknowledge that:

(a) you will release and forever discharge us and any of our officers, employees, servants, agents, contractors, related bodies corporate and assigns (Personnel) from all claims that you may have against us or our Personnel for any cancellation, discontinuation, suspension or termination of your access to the Site; and

(b) you will not bring a claim against us or any of our Personnel for any cancellation, discontinuation, suspension or termination of your access to the Site.

11. Is my personal information secure?

11.1 We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.

11.2 You understand that any message or information you send using the Site and any telephone conversation with us may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

11.3 All content and services on or available through the Site are provided on an ‘as is’ basis and we do not make any representation or give any warranty or guarantee in respect of the Site or its content.

11.4 You agree that by using the Site, you will be solely responsible for ensuring the security of access to the Site by third parties.

12. Intellectual Property

12.1 All copyright, trademarks, and all other intellectual property rights in the Site and its content included in the Site and all software and source codes connected with the Site (Intellectual Property) is owned by us or our related companies.

12.2 Any use of the Intellectual Property without our express permission is prohibited.

12.3 Trademarks and other rights used under license by us (for example, in advertising Providers or Products) are used with permission and are owned by the relevant third party.

13. Indemnity

13.1 You agree to indemnify and keep indemnified us against all claims, obligations, liabilities, expenses, losses, damages and costs that we may sustain or incur as a result, whether directly or indirectly, of any breach of these Terms and Conditions or use of the Site by you.

14. Fees

14.1 We receive payment of fees from Providers for participating in the bidding process and upon successful settlement of their Products. We also receive fees from advertising on our Site and data revenue.

14.2 You are not required to pay us any fees for using the Site or to make a loan application.

15. Limitation on Liability

15.1 To the fullest extent permitted by law:

(a) any liability for any loss (including indirect or consequential loss, loss of profits or economic loss), death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of any breach by us of these Terms and Conditions, is excluded;

(b) you release us from any liability and expressly waive any claims you may have against us arising out of or in connection with your booking;

(c) any condition or warranty which would otherwise be implied by law into these Terms and Conditions (Implied Warranty) is excluded.

15.2 To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to the remedies required of us under applicable law (including the Australian Consumer Law (ACL)). You may be entitled to the benefit of consumer guarantees under the ACL. Nothing in these Terms and Conditions attempts to exclude the operation of the ACL and any exclusions or limitations of our liability are subject to any overriding provisions or non-excludable consumer guarantees under the ACL.

15.3 We will not be liable or responsible for:

(a) any failure to perform, or delay in the performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including failure or suspension of public or private telecommunications networks;

(b) the Site not meeting your individual requirements or the Site containing defects or errors, as the Site has not been developed specifically for you. It is your responsibility to ensure that the facilities and functions of the Site meet your requirements;

(c) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, data or proprietary material due to your use of the Site or attempt to access a third party website linked to the Site; or

(d) breaches caused by a third party accessing your loan application as a result of your failure to ensure the security of access to the Site from your computer or mobile device.

16. Privacy

You confirm that you have read, understood and accepted our Privacy and Credit Reporting Policy.

17. Complaints

17.1 If you are dissatisfied with how we have provided you with our Services, please contact us at info@joust.com.au.

17.2 We will acknowledge your complaint within 7 days. We will provide you with a decision on your complaint within 30 days.

17.3 If you are dissatisfied with the response we provide, you may make a complaint to the Australian Financial Complaints Authority (AFCA). AFCA is a self-regulatory service providing an external and impartial dispute resolution process for retail members and customers of participating building societies, credit unions, banks, and other financial service providers. The AFCA’s determinations are binding upon us if you accept the decision. You can contact the AFCA at:
Telephone:                  1800 931 678
Facsimile:                    (03) 9613 6399
Mail:                            Australian Financial Complaints Authority Limited
GPO Box 3
Melbourne VIC 3001
Website:          www.afca.org.au
Email:             info@afca.org.au

18. General

18.1 These Terms and Conditions are governed by the laws of the State of South Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.

18.2 In the event that any term or condition of these Terms and Conditions is illegal, void or unenforceable, then such term or condition shall be severed from these Terms and Conditions to the extent only of that illegality, voidability or unenforceability. All remaining provisions will be enforceable.

18.3 We may at any time assign our rights and interests or novate our rights and obligations (in whole or in part) in connection with these Terms and Conditions. You may not assign any of your rights or obligations under these Terms and Conditions without our prior written consent

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