The terms for using Blackcube Capital.

These Terms of Use apply to your use of the Blackcube Capital website, enquiry forms, funding assessments, calculators, the Blackcube Capital Client Portal and any communication with us about business funding (together, our services). They are provided by BLACKCUBE CAPITAL PTY LTD (ABN 83 697 516 788) trading as Blackcube Capital ("Blackcube Capital", "we", "us" or "our"). Tennanova is also a trading name of BLACKCUBE CAPITAL PTY LTD, and these terms apply equally when you deal with us under that name.

By using our services, submitting an enquiry or application, or continuing to deal with us, you agree to these terms. If you do not agree, do not use our services.

If you use our services for or on behalf of a business, you confirm that you are authorised to act for that business and to agree to these terms on its behalf, and "you" includes that business.

Blackcube Capital is a commercial credit facilitator. We help businesses understand their funding options and may introduce them to third-party lenders and funders.

We are not a lender or credit provider. We do not lend money, provide credit, make credit decisions or issue loan approvals. Any finance is provided by a third-party lender under that lender's own assessment, policies, approval and documents.

Our services are only for finance that is wholly or predominantly for business purposes. We do not assist with credit for personal, domestic or household purposes, including residential investment property.

By using our services you confirm that any finance you seek through us is wholly or predominantly for business purposes. You must tell us immediately if that is not the case.

We do not guarantee, and nothing we say or publish should be taken as a guarantee, that any lender will approve your application, offer any particular amount, rate, fee, term, repayment, security requirement or structure, or settle by any particular date. Lenders may decline an application, change the terms of an option or withdraw it at any time before settlement, including after an indicative option, conditional approval or documents have been issued.

Funding is only confirmed when a lender has issued final loan documents, those documents have been signed and the funds have settled into your account.

Do not enter into, or rely on, any financial commitment that depends on receiving funding until the funds have settled. This includes buying stock, equipment or a business, paying deposits, signing contracts or leases, hiring staff, making promises to suppliers, the ATO or other creditors, declining or cancelling other finance, or relying on a funding timeline. If you choose to do so before settlement, you do so at your own risk and, to the extent permitted by law, we are not liable for any loss, cost, penalty or missed opportunity that results.

Any estimate, indicative range, Smart Funding Check result, calculator output, example, illustration or funding option shown on our website, in the Client Portal or in our communications is indicative only. It is based on the information available at the time, including information you provide, and on general or historical lender criteria that can change without notice.

These are not offers, quotes, approvals, pre-approvals, credit assessments or commitments by us or any lender. Actual amounts, rates, fees, terms and repayments are set by the lender and may differ, sometimes significantly.

Selecting an option in the Client Portal is a non-binding request for us to progress that option. It does not create a loan, an approval or any obligation on a lender to provide finance. Only a lender's final signed loan documents create a binding finance arrangement.

Any timeframe we mention, including review times, response times, same-day or next-day funding and settlement dates, is an estimate based on typical experience. It is not a promise. Timing depends on, among other things, how complete your information is, verification, lender workloads, lender policies, banking systems and documentation, and may take longer than expected or not occur at all.

Our team may discuss your situation by phone, video, SMS, email, the Client Portal or in person, including our view of what may be possible. Any view about likely approval, amounts, pricing, structures or timing is an opinion based on the information available at that time and on our general experience. It is not a promise, guarantee, offer or approval.

To the extent permitted by law, no statement by any of our staff or representatives binds us or any lender to provide or arrange finance. Only a lender can approve finance, and it does so only in its own written documents.

If you believe someone has promised you an outcome, ask for it in writing before relying on it. We do not give guarantees of funding in writing or otherwise.

Information on our website, in our guides, glossary, calculators and communications is general information only. It does not take into account your objectives, financial situation or needs, and it is not financial, financial product, credit, legal, tax or accounting advice or a recommendation that any product is suitable for you.

You are responsible for deciding whether to apply for or accept any finance, and whether its cost, terms, security and repayments suit your business. You should obtain independent legal, accounting, tax and financial advice before entering into any finance or guarantee.

You must ensure that all information and documents you give us are true, accurate, complete, current and not misleading, including by omission. You must tell us promptly if anything changes.

You confirm that you are authorised to give us the information and documents you provide, and that any director, guarantor, partner or other person whose personal information you provide has consented to it being collected, used and disclosed as described in our Privacy Policy.

We and lenders rely on the information you provide. We do not independently verify everything and are not responsible for outcomes caused by inaccurate, incomplete or misleading information. Providing such information may lead to an application being declined or withdrawn, or to us ceasing to assist you.

We may decline to assist you, pause or stop assisting you, or decline to present an application to any lender, at any time and without giving reasons.

We are not obliged to find, present or obtain any funding option for you. We work with a selection of lenders and funders and do not compare or have access to every lender or product in the market.

Any finance you obtain is a matter between you and the lender. The lender's own terms, fees, policies and privacy practices apply. We are not responsible for a lender's decisions, products, documents, pricing, conduct, delays or obligations.

Our services use third-party providers, such as bank-statement retrieval services, document scanning and storage, electronic signature, communications and hosting providers. Your use of those services may be subject to their own terms. Our website may also link to third-party websites. To the extent permitted by law, we are not responsible for third-party services, websites or their content.

We do not charge you a fee for our services unless we have agreed a fee with you in writing before you incur it.

Lenders and funders may pay us a commission, referral fee or other payment if finance is provided. The amount can vary between lenders and products. You may ask us what we expect to receive for an option before you proceed with it.

Access to the Client Portal is provided by secure sign-in links sent to your authorised email address. Sign-in links are personal to you. You must keep your email account secure, must not share sign-in links, and must tell us immediately if you suspect unauthorised access.

You must only upload documents you are entitled to share, and must not upload anything unlawful, malicious or unrelated to your application. We may scan, quarantine, reject or delete uploaded files to protect our systems and clients.

We aim to keep the Client Portal available and secure, but we do not guarantee uninterrupted, error-free or secure access. We may change, suspend or withdraw the portal or your access at any time, including to protect security or comply with law.

You agree that we may communicate with you about your enquiry, application and account electronically, including by email, SMS, phone and Client Portal notifications, and that these communications satisfy any requirement for written notice.

Marketing communications are handled in line with our Privacy Policy, and you can unsubscribe from them at any time. Service messages about an active enquiry or application may still be sent.

We take care with our content, but lender criteria, products, pricing and laws change frequently. To the extent permitted by law, we do not warrant that any content on our website or in our communications is accurate, complete, current or suitable for your circumstances, and we may change or remove content at any time without notice.

Examples, case illustrations, figures and timeframes are illustrative only and do not indicate the outcome you will receive.

You must not use our services unlawfully, submit false or misleading enquiries or applications, impersonate another person or business, attempt to gain unauthorised access to our systems or other clients' information, test or probe our security, interfere with the operation of our services, or introduce malicious code.

Our website content, design, logos and trade marks are owned by or licensed to us. You may view and share our public content for personal or business reference, but you must not reproduce it for commercial purposes or present it as your own without our written permission.

Any information about investing with or alongside Blackcube Capital is general information only. It is not an offer, invitation or recommendation to acquire securities or any financial product, and is intended only for persons who qualify as wholesale or sophisticated investors. Any opportunity would be subject to separate documents and eligibility checks.

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified (non-excludable rights).

Subject to your non-excludable rights, and to the extent permitted by law, all warranties, conditions and terms that are not expressly set out in these terms are excluded.

Where our liability for breach of a non-excludable right can lawfully be limited, it is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

Subject to your non-excludable rights, and to the extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, opportunity, goodwill or anticipated savings, or for any loss, cost or penalty arising from: a lender's decision, delay, change or withdrawal of an option; you entering into commitments in expectation of funding before settlement; your reliance on any estimate, indicative option, timeframe or general information; inaccurate or incomplete information provided by you or others; or the unavailability of, or any error in, our website or Client Portal.

Nothing in these terms limits liability to the extent that it cannot be limited by law, including liability for fraud or for loss caused by our own wilful misconduct.

To the extent permitted by law, you indemnify us against any loss, liability, claim or reasonable cost we incur because you gave us false, misleading or incomplete information, provided another person's information without their consent, breached these terms or misused our services, except to the extent the loss was caused by our own negligence, breach or wrongful conduct.

Our Privacy Policy explains how we collect, use, disclose and protect personal information, including the Client Portal collection notice. By using our services you acknowledge it.

If you are unhappy with our service, please contact us at info@blackcubecapital.com.au with the details. We will acknowledge your complaint, review it and aim to respond to you within a reasonable time.

We may update these terms from time to time. The version published on this page, with its last updated date, applies from that date to your use of our services after that date. Earlier versions are available on request.

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and courts able to hear appeals from them.

If any part of these terms is invalid or unenforceable, it is read down or severed to the extent necessary, and the rest of these terms continues to apply. A failure or delay by us in exercising a right is not a waiver of it. We may assign or novate our rights and obligations under these terms. We are not liable for delay or failure caused by events beyond our reasonable control.

Clauses that by their nature should survive, including those about no guarantee of funding, no advice, liability and indemnity, continue to apply after you stop using our services.

If there is any inconsistency between these terms and a lender's finance documents in relation to that finance, the lender's documents prevail as between you and the lender.