Terms of Use

These Terms govern access to and use of the Monergise platform, website, applications and related services.

Last updated: [insert date]

1. Parties and acceptance

These Terms apply between PRIVATE FINANCE AUSTRALIA PTY LTD ACN 672 373 787 Trading as MONERGISE. (“Monergise”, “we”, “us” or “our”) and the person or entity accessing or using the platform (“you” or “your”).

By accessing or using Monergise, you agree to these Terms. If you use Monergise on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Platform role only

Monergise is a software and workflow platform. Unless expressly agreed by us in writing, Monergise does not act as:

a lender, borrower, arranger, trustee, custodian, broker, legal adviser, tax adviser, financial adviser, valuation provider or credit assessor
a party to any loan, mortgage, security, investment, term sheet, subscription, statement or transaction processed through the platform
a fiduciary or responsible person for your compliance, investment outcomes, legal documentation or transaction decisions

3. No financial, legal, tax or investment advice

Content, workflows, templates, dashboards, calculations, reports, statements, prompts, reminders and outputs generated by Monergise are provided for software and administrative purposes only. They are not financial product advice, legal advice, tax advice, accounting advice, valuation advice, credit advice or investment advice.

You must obtain your own independent professional advice before relying on any platform output or making any legal, commercial, lending, borrowing or investment decision.

4. Your responsibility to verify all information and outputs

You are solely responsible for verifying, before use or reliance:

all calculations, rates, returns, fees, statements, interest amounts, discharge figures, allocation logic, dates and notices
all documents, templates, generated PDFs, emails, reports and exported data
the completeness, legality, enforceability and suitability of transaction records, workflow settings and platform outputs
the accuracy of information entered by your users, counterparties, advisers, integrations or third parties

Monergise does not guarantee that calculations, document outputs, workflows or generated content will be error-free, legally sufficient, commercially appropriate or fit for your intended purpose.

5. User accounts and access security

You are responsible for maintaining the confidentiality and security of your credentials, devices, API keys, connected accounts and access permissions. You must immediately notify us of any suspected unauthorised access or security incident affecting your account or use of the platform.

6. Your content and instructions

You are responsible for all data, documents, uploads, instructions, configuration settings, communications and other materials submitted to or processed through Monergise by you or your authorised users (“Customer Data”).

You warrant that:

you have all rights, consents and authority needed to upload, use, disclose and process Customer Data through the platform
Customer Data and your use of the platform do not infringe rights of others or breach any law, licence, duty or confidentiality obligation
information you submit is not misleading in any material respect and is updated where necessary

7. Permitted use

You must not:

use Monergise for unlawful, misleading, fraudulent or unauthorised purposes
upload malicious code, attempt unauthorised access, probe vulnerabilities, scrape data at scale or interfere with service performance or security
reverse engineer, copy, reproduce, frame, mirror, benchmark, resell or exploit the platform except as expressly permitted by law or our written consent
use Monergise to send unlawful, deceptive or unsolicited communications

8. Integrations and third-party services

Monergise may interoperate with third-party services such as cloud storage, email, identity verification, analytics, payment, document, communications or AI services. Your use of those services may also be subject to third-party terms and privacy policies.

We are not responsible for third-party acts, omissions, outages, security events, data loss, API changes, pricing changes, processing failures or service discontinuations.

9. Availability, maintenance and changes

We may update, modify, suspend or discontinue features, integrations, workflows, limits, interfaces or parts of the platform at any time. We do not guarantee uninterrupted availability, backward compatibility, specific uptime, error-free performance, or that the platform will always be free from defects or vulnerabilities.

10. Security and cyber risk

We take reasonable steps to secure the platform, but you acknowledge that no system is completely secure. Cyber attacks, unauthorised access, malicious code, credential compromise, service-provider failures, software bugs, transmission errors and other security incidents may occur.

To the maximum extent permitted by law, Monergise does not warrant that the platform will be immune from theft of data, corruption, ransomware, malicious activity, interception, unauthorised disclosure or service interruption.

11. Compliance responsibilities

You remain solely responsible for your own legal, regulatory, licensing, disclosure, privacy, AML/CTF, KYC, credit, corporate, trust, tax, investor, fundraising, reporting and financial-services compliance obligations.

If your activities involve financial product advice, dealing, disclosure, managed investments, fundraising, credit activities or regulated conduct, you are responsible for ensuring you hold all required licences, authorisations and disclosures.

12. Intellectual property

Monergise and its underlying software, code, workflows, structure, design, text, databases, interface elements and materials remain our property or the property of our licensors. These Terms do not transfer ownership of the platform to you.

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the platform for your internal business purposes.

13. Privacy

Our handling of personal information is described in our Privacy Policy. By using Monergise, you acknowledge that personal information may be processed in accordance with that policy and your instructions.

14. Suspension and termination

We may suspend, restrict or terminate access immediately if we reasonably suspect misuse, unlawful conduct, non-payment, security risk, breach of these Terms, risk to the platform or other users, or where we are required to do so by law.

On termination, your access rights cease. We may retain or delete data in accordance with our retention practices, legal requirements, backups and operational policies.

15. Warranties disclaimer

To the maximum extent permitted by law, Monergise is provided on an “as is” and “as available” basis. We disclaim all warranties, representations and guarantees not expressly stated in these Terms, including any implied warranties of merchantability, fitness for purpose, title, non-infringement, uninterrupted access, data accuracy, output accuracy, security, legal sufficiency, regulatory compliance or investment suitability.

16. Non-excludable rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified. If any law implies a condition, warranty or guarantee into these Terms and that law prohibits exclusion but permits limitation, our liability is limited to the maximum extent permitted by that law.

17. Limitation of liability

To the maximum extent permitted by law, Monergise’s aggregate liability arising out of or in connection with the platform, these Terms, or any related act or omission, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to the greater of:

the total fees paid by you to Monergise for the relevant service in the 12 months preceding the event giving rise to the claim, or
AUD $100.

18. Excluded loss

To the maximum extent permitted by law, Monergise is not liable for any indirect, consequential, incidental, exemplary, punitive or special loss or damage, or for loss of profit, revenue, business opportunity, goodwill, expected savings, reputation, data, use, availability, investor funds, lending opportunity, or losses arising from:

incorrect calculations, reports, statements, notices, allocations, templates, generated documents or outputs
decisions made in reliance on platform content or software output
fraud, cyber incidents, credential compromise, data breach, unauthorised access, service-provider outages or malicious acts
third-party integrations, data imported from third parties, or acts or omissions of lenders, borrowers, investors, advisers or other users
delay, interruption, corruption, unavailability or loss of Customer Data
regulatory action, litigation, failed transactions, loan losses, investment losses, defaults, valuation issues or recoverability issues

19. Indemnity

You indemnify Monergise and its officers, employees, contractors and affiliates against any loss, liability, claim, demand, penalty, cost or expense (including reasonable legal costs) arising from or connected with:

your breach of these Terms
your Customer Data, instructions or platform use
your breach of law, licence, duty or third-party rights
any claim by a lender, borrower, investor, user, regulator, adviser or third party arising from your use of the platform or reliance on your data or outputs

20. Confidentiality

Each party must keep the other party’s confidential information confidential and must not use or disclose it except as required to perform these Terms, as required by law, or with the other party’s consent.

21. Governing law

These Terms are governed by the laws of [insert Australian state or territory]. The courts of that jurisdiction have non-exclusive jurisdiction over disputes arising in connection with these Terms.

22. Changes to these Terms

We may update these Terms from time to time. Updated Terms take effect when published, unless a later effective date is stated. Your continued use of Monergise after the updated Terms take effect constitutes acceptance of the updated Terms.