Cockatoo Financial Pty Ltd
Terms & Conditions Version date: January 9, 2023 The following terms and conditions (“Terms”) apply to your use of this Cockatoo Financial PTY LTD (ACN 659 191 885) (“Cockatoo”) website.
Your use of the website means that you accept these Terms and our Privacy Policy.
If you do not agree to be bound by these terms and our privacy policy, you must cease the use of the website and services, or be taken to be bound by them. Cockatoo matches Australian small businesses with product providers.
This includes the identification of potentially applicable products and product providers that may be interested in serving your business needs and facilitating your application to those product providers.
The information provided on the website, and through the matching and application process is a guide only, based on information provided by Product Providers regarding the basis upon which they are likely to approve an applicant and may not be complete for your purposes or take account of every factor that will be relevant in the Product Provider’s final decision.
Cockatoo does not warrant the accuracy of the information provided, and it is recommended that information is confirmed with the product providers on our platform.
Cockatoo and its agents assume no responsibility for actions or omissions to act based on any information, services, or other material on our website.
Additional terms and conditions are set out below. Definitions Cockatoo, we or us means Cockatoo Financial Pty. Ltd. (ABN 55 659 191 885) and our employees, contractors, associates and any related entities.
Personal Information means any information or an opinion, whether true or not, and whether recorded in a material form or not, from which your identity is apparent.
Privacy Policy means our privacy policy available at https://cockatoo.com.au/privacy-policy, or by calling us on 0474 888 038 and requesting a hard copy.
Product Provider means the entities listed in the schedule available at https://cockatoo.com.au/privacy-policy or any other organisation not listed providing finance or insurance products.
Promotions: pre-qualification for working capital products Cockatoo may contact customers it has previously had dealings with to advise that, based on the information previously provided to it, Cockatoo has pre-qualified them to apply for a cash flow (working capital) loan.
Cockatoo is not a lender and the fact that Cockatoo has assessed a customer’s eligibility based on previously provided information to inform a pre-qualification message must not be interpreted or taken in any way to assure, guarantee or promise that such customer will be approved for any particular loan or financial product now or in future.
In pre-qualifying certain customers who may receive these communications, Cockatoo has assessed the customer on basis of minimum qualification criteria, and entry into any loan or financial product remains subject to (among other things): (i) confirmation by the customer of such minimum qualification criteria; (ii) the customer completing and submitting a formal application for a specific loan or financial product; (iii) the customer fulfilling the relevant lenders’ conditions and requirements in respect of a specific loan or financial product; and (iv) execution of definitive documentation to enter into any loan or financial product.
Disclaimer of warranty although Cockatoo has taken great care to ensure the reliability of any statements on our website, Cockatoo gives no warranty in relation to such statements or information. We expressly disclaim liability arising from persons acting or failing to act based on the information contained on our website. Cockatoo further disclaims any responsibility or obligation to provide updates on the published information.
These disclaimers explicitly extend to third-party content published on our website, whether by organisations or individuals, including (but not limited to) on our blog and forum. Such content reflects the views, beliefs, and/or positions of the authors of the content, and not necessarily those of Cockatoo.
Limitation of liability Cockatoo will not be held liable for any incidental, special, consequential, or indirect damages arising out of, or related to, the use of the website or services provided by Cockatoo. This will be the case even if Cockatoo knows or has been advised of the possibility of such damages. These damages include, but are not limited to, damage for loss or corruption of data, and interruptions to the services we provide.
Cockatoo’s aggregate liability in relation to harm caused or loss suffered through use of the website or services we provide will be limited to any amount paid by you to Cockatoo in order to use our services, or, in the event that no such amount was tendered, A$100.
Copyright and links to third-party websites and services
This website is subject to copyright and is entirely owned by Cockatoo. The website may also display third-party materials that are subject to copyright. Except as permitted by the Copyright Act 1968, you may not reproduce, sell, publish, transmit or disseminate the contents of this website without our prior permission.
You may use the information provided for your private or internal purposes only.
The Cockatoo website may contain links to websites of third parties. These third-party websites are not under Cockatoo’s control, and we disclaim responsibility for any content provided on a third-party website.
Reference on our website to any products, services or other information (by use of the name, logo or otherwise) does not constitute an endorsement of such products, services or information. Indicative rates provided are for information purposes only and must be confirmed with the third party quoted before relying on such a quote.
Your correspondence and/or business dealings with third parties found on or through our website are solely between you and such third parties, and you agree that Cockatoo will not be held liable for any loss or damage arising through such correspondence or business dealings.Use of information or content provided by you
1. Status of content submitted to our website and for provision of services by submitting content (including personal and business information) to our website, you agree to grant Cockatoo a perpetual, non-exclusive, irrevocable, royalty-free license to use of such content.
Use may include but is not limited to – reproduction, adaptation, editing, modification, translation, publication, transfer, and/or distribution of the content. This shall specifically include license for us to make the content available to other companies/organisations with whom we have business relationships. Such provision of your information may require changes to your content.
2. Inquiry with a specific Product ProviderBy submitting your information to retrieve your product options, you consent to us providing Product Providers with your information (including Personal Information) in accordance with our Privacy Policy.
3. Exchange information with Product ProvidersBy submitting your information to retrieve your product options, you consent to us requesting information from Product Providers about whether you have progressed with an application, the circumstances of your application, and reasons why your application has been approved, declined, settled, or withdrawn.
4. Ongoing communication you agree that we may use the contact details you have provided to us in order to contact you from time to time to update you on the services that we provide. You may opt-out of these communications, at which point we will cease to contact you.
5. Disclosure, as required by law you, acknowledge and agree that we may disclose information provided by you if required by law.
For further information about the collection and use of information provided by you in the course of using this website and Cockatoo services, please read our Privacy Policy on this website.
By using the website and any Cockatoo services, you are agreeing to the terms of the Privacy Policy.
Security of informationSecurity of your information is critical to us here at Cockatoo. We maintain strong security measures to prevent unauthorised access to our systems and the information that you provide in the course of using our website and services.
This includes encryption of our website and services using SSL technology, and review of our systems to ensure ongoing security standards are maintained. We maintain strict confidentiality standards with employees, agents, and contractors.
General Advice WarningThe services provided by Cockatoo are to be used as a guide only. We explicitly provide no guarantee as to the price/rate offered by a particular Product Provider, nor provide any guarantee as to approval by a Product Provider.
Estimates of time to funding and product features are also general guides and not guarantees. Loans may take longer to fund than the minimum time specified for that product provider, depending on the specific loan and supporting documentation required. Individual product features (for example, the requirement for security, guarantees, and supporting documentation) may change or no longer become available depending on the circumstances of the applicant – this is at the sole discretion of our Product Providers when processing your application. Use of site and Cockatoo services
2. Exclusive use The registered account provided by Cockatoo to you is to be used only by you or an agent/employee of your business. You acknowledge that Cockatoo will not be held responsible for third-party access to your account that results from theft or misappropriation of your login details (username or email and password)
3.Information submitted by youYou are solely and fully responsible, and accept liability flowing from your provision of information on our website. This includes information provided for matching purposes, and information that we pass on to Product Providers. You undertake to only submit accurate information to this website, and accept responsibility for harm or damage resulting directly or indirectly from the provision of inaccurate information, whether submitted in good faith, negligently, or wilfully.4.Risk assumptionYou assume all risks when using our website and services. This includes, but is not limited to risks associated with interactions, product applications, and receiving funding from third-parties through our website.
Disclaimer of guarantees on matching and funding approvals Cockatoo does not guarantee that you will be matched to Product Providers. Cockatoo also explicitly disclaims that matching with a Product Provider, or being connected to a Product Provider, constitutes any guarantee or representation that funding will be approved or provided by the matched or connected Product Provider.
6.Use is for legal purposes only You agree to only use this website and services in accordance with all applicable laws (federal, state and local)IndemnificationYou agree to indemnify Cockatoo for any losses, costs, liabilities and expenses arising out of: Your use of our website or services content published by you on our website (including but not limited to our blog and forum)Your violation of this TermsYour violation of any applicable laws, rules, or regulations Cockatoo reserves the right to assume the exclusive defence and control of any such matter subject to this indemnification clause. In the event that this occurs, Cockatoo will take on any costs associated with defending the matter, and you agree to fully cooperate with Cockatoo in asserting any available defence.
Effective application of this agreement is effective upon your acceptance of this agreement, which occurs through use of our website and/or services. To reiterate and remove doubt, usage also constitutes agreement to our Privacy Policy available on our website. This agreement will remain in force in perpetuity unless terminated by Cockatoo or by you. Either party may unilaterally terminate your account with Cockatoo, for any reason, without any explanation.