Yard’s Website and Online Services Terms and Conditions

Overview

1. Yard Financial Pty Ltd ACN 623 357 513 (Yard, we, or us) Australian Credit Licence Number 509481 and Australian Financial Services Licence Number 509481 (Website Owner) operates under the domain name www.yard.com.au (Website).
2. Yard Asset Management Pty Ltd ACN 678 090 723 (Yard Asset) is a corporate authorised representative (CAR) (CAR Number 1311859) of Yard Financial Pty Ltd ACN 623 357 513 AFSL 509481 and may post its products and services on the Website which together with any mobile phone app listed on the Google Play™ and Apple™ App store will be referred to herein as the Yard Services.
3. Yard is an Australian mortgage lender and together with its subsidiaries listed below provides residential and commercial mortgage loan solutions to customers (you and your) throughout Australia:
   1. Yard Home Loans Pty Ltd ACN 634 101 901, Credit Representative Number 517113 for Yard; and
   2. Yard Broker Pty Ltd ACN 660 832 324 Credit Representative Number 541605 for Yard.
   You can read our Target Market Determinations (TMD) here.
4. These terms and conditions (Terms) govern your use of this Website or access to any other product and/or available through this Website including the Yard Services that are available through the Yard online customer portal (Online Services).
5. Your use of this Website and/or access to the Online Services is also subject to our Privacy Policy, notices, disclaimers, and any other terms or other statements contained on this Website if you use any of the Services identified on this Website and Online Services for which additional or alternative Terms are included such as an Information Memorandum on this Website or Online Services, then those additional or alternative Terms will also apply.
6. By accessing, viewing, or using this Website or Online Services, you acknowledge and accept that you have read and understood these Terms and that these Terms create a legally enforceable contract between you and Yard, its subsidiaries named in section 1.3 above and Yard Asset.
7. Any references to Yard in these Terms will also include its subsidiaries named in section 1.3 above and Yard Asset.
8. If you suspect any unauthorised access or security breach of your Online Services, contact us immediately via the Contact Us link on the Website.

Yard Asset website pages

1. With respect of any pages that has Yard Asset information, Yard Asset advised that it has taken all reasonable care in producing all the information contained in those website pages including but not limited to reports, tables, maps, diagrams and photographs.
2. However, Yard Asset will not be responsible for loss or damage arising from the use of this information. The contents of the website pages should not be used as a substitute for detailed investigations or analysis on any issues or questions the reader wishes to have answered.
3. You may download the information for your own personal use or inform others about our materials, but you may not reproduce or modify it without our express permission.
4. To the extent to which the website pages contains advice it is general advice only and has been prepared by Yard Asset for individuals identified as wholesale investors for the purposes of providing a financial product or financial service, under Section 761G or Section 761GA of the Corporations Act 2001 (Cth).
5. The information in the website pages is not intended to be relied upon as advice to investors or potential investors and has been prepared without taking into account personal investment objectives, financial circumstances or particular needs. Recipients of this information are advised to consult their own professional advisers about legal, tax, financial or other matters relevant to the suitability of this information.
6. Any investment(s) summarised in the website pages is subject to known and unknown risks, some of which are beyond the control of Yard Asset and their directors, employees, advisers or agents. Yard Asset does not guarantee any particular rate of return or the performance, nor does Yard Asset and its directors personally guarantee the repayment of capital or any particular tax treatment. Past performance is not indicative of future performance.
7. All investments carry some level of risk, and there is typically a direct relationship between risk and return. Yard Asset describes what steps it takes to mitigate risk (where possible) in the investment documentation, which must be read prior to investing. It is important to note risk cannot be mitigated completely.
8. Whilst the contents of the website pages is based on information from sources which Yard Asset considers reliable, its accuracy and completeness cannot be guaranteed. Data is not necessarily audited or independently verified. Any opinions reflect Yard Asset’s judgment at this date and are subject to change. Yard Asset has no obligation to provide revised assessments in the event of changed circumstances.
9. To the extent permitted by law, Boutique Capital Pty Ltd ACN 621 697 621, AFSL 508011, Yard Asset and their directors and employees do not accept any liability for the results of any actions taken or not taken on the basis of information in this website, or for any negligent misstatements, errors or omissions.

Copyright notice:

1. Copyright (c) Yard 2024. All rights reserved.
2. Subject to the express provisions of these Terms:
   1. all the copyrights and other intellectual property rights to the material on this Website belong to the Website Owner or our licensors;
   2. the Website Owner reserve all copyright and other intellectual property rights on this Website and the materials therein;
   3. the use of our logos and other trademarks, whether registered or unregistered, is prohibited, such use may constitute an infringement of our rights;
   4. this website and all works comprised in it are copyright and no part of it may in any form or by any means (including without limitation, electronic, mechanical, microcopying, photocopying, recording, scanning or otherwise) be modified, reproduced, stored in a retrieval system, published, broadcast, distributed or transmitted without prior written permission of Yard and Yard Asset;
   5. all rights are reserved and no express or implied licence to use any part of these works is granted to any person without the express prior written consent of Yard and Yard Asset;
   6. any implied licence to use any part of these works is expressly negative; and
   7. the Website Owner and Yard Asset do not endorse and are not affiliated with any of the holders of any third party trademarks that appear on this Website and as such, the Website Owner cannot grant a license to exercise any of those rights.

Our privacy policy

1. You must not:
   1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
   2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
   5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
   6. violate the directives set out in the robots.txt file for our website; or
   7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

License to use website

1. Access to this Website is permitted temporarily, and the Website Owner reserves the right to withdraw or amend the Terms of your access without notice. From time to time, the Website Owner may restrict access to some parts or all of this Website.
2. For your non-commercial, personal, or internal business use, and subject to these Terms, you may:
   1. redistribute our newsletter or any blog to any individual in print or electronic format;
   2. view pages from this Website in a web browser;
   3. download pages from this Website for caching in a web browser;
   4. print pages from this Website; and
   5. stream audio and video files from this Website.
3. You must obtain our prior written permission if you would like to use, copy, or reproduce any part of the Website for any purpose.
4. Except as expressly permitted by section 5.2, other provisions of these Terms or if you own or control the relevant rights in the material on this Website, you must not:
   1. download any material from this Website or save any such material to your computer;
   2. circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this Website;
   3. edit or otherwise modify any material on this Website;
   4. republish material from this Website (including republication on another Website);
   5. sell, rent or sub-license material from this Website;
   6. show any material from this Website in public;
   7. exploit material from this Website for a commercial purpose; or
   8. redistribute material from this Website.

Acceptable use

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. The Website Owner reserves the right to withdraw linking permission without notice.
2. You must not:
   1. use this Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;
   2. use this Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
   3. use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
   4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent;
   5. access or otherwise interact with this Website using any robot, spider, or other automated means, except for the purpose of search engine indexing;
   6. violate the directives set out in the robots.txt file for this Website;
   7. use data collected from this Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
   8. use data collected from this Website to contact individuals, companies or other persons or entities.

Registration and accounts

1. The only way to access our Online Services is to register for an account by filling out and submitting the account registration form on this Website and clicking the verification link in the email the Website Owner will send you.
2. You may not access our Online Services if you are:
   1. not a customer of ours; and/or
   2. are using someone else’s account details.

User login details

1. Once approved for an account you will receive your username and password (login details).
2. You must:
   1. keep your login details confidential; and
   2. not use your login details to impersonate another person.
3. Your login details must be kept confidential, and you must not allow other individuals to use your account to access the Website.
4. It is strictly prohibited for anyone to use your login details. Should you become aware that anyone is using your login details unauthorised, you must immediately notify us.
5. By registering an account, you agree that you will:
   1. use this Website only for the purpose that we provide it for;
   2. use this Website in accordance with these Terms; and
   3. comply with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Use on behalf of organisations

1. If you use this Website or expressly agree to these Terms in the course of a business or other organisational project, then by doing so you bind both yourself and the person, company or other legal entity that operates that business or organisational project. You in these circumstances refers to both the individual user and the relevant person, company, or legal entity.

Online risks and availability

1. There is a risk that you will not be able to access this Website which is reliant upon computer and/or telecommunications systems. Computers, computer networks, and telecommunications all rely on the reliability of their operational processes as well as those of their technology and telecommunications partners. Occasionally, your Online Services may be unavailable due to interruptions to these processes.

Cancellation and suspension of account

1. At any time, the Website Owner may modify the details of your account, suspend your account temporarily, and/or cancel it, at our sole discretion, provided, however, that if the Website Owner cancels any of your Online Services and you have not breached these Terms, the Website Owner will notify you reasonably in writing.
2. The Website Owner can also cancel any access to our Website, without notice if:
   1. someone else uses your login details;
   2. the Online Services cannot be provided in the jurisdiction that you are using them in;
   3. the Website Owner thinks your Online Services are being used unlawfully including fraudulently or in a way that might cause you or us to lose money; or
   4. the Website Owner considers doing so is reasonably necessary, for example, to comply with laws, and card scheme rules, and to manage business or regulatory risk.

Sending you electronic communications

1. You agree that if we are obliged to serve you with a document, whether by law or otherwise, you consent to receiving such document electronically via the links on this Website or any other digital method. For future reference, the Website Owner recommends that you print a copy of the document or save it electronically.
2. The Website Owner will provide you with notices electronically unless other methods of communication are required by law.
3. The Website Owner will give you, your notices electronically through:
   1. your Online Services or the Website Owner may post the notice on this Website;
   2. email to an email address that has been provided to us;
   3. SMS message to a mobile telephone number you have provided to us; or
   4. any other means the Website Owner agrees with you or notifies you that the Website Owner will use to communicate with you.
4. On the day the Website Owner sends out a notification to your email address, the Website Owner will record that you received an electronic notice.

Receiving your electronic communications and agreements

1. You are deemed to be the author of all communications and acceptances, including electronically signed documents that the Website Owner receives from any person logged into your Online Services using your login details, unless and until you can prove that:
   1. you did not authorise such communication;
   2. without your knowledge, your electronic equipment has been taken over by the use of malware despite you having up-to-date antivirus, antimalware and firewall software installed on your electronic equipment;
   3. an unauthorised party gained access to your login details without your approval – despite you taking all reasonable precautions to prevent such access; or
   4. you did not unreasonably delay in reporting to us, the compromise of your electronic equipment or the loss, theft or misuse of your login details.
2. You must sufficiently and adequately protect your login details if you intend to use our online services, enter into agreements online or electronically sign documents. This includes installing and maintaining up-to-date antimalware, antivirus, and firewall software on your electronic equipment.

Legal disclaimers

1. This Website contains only general information and a summary and a general overview on topics that may be of interest to you. Unless you register for an account with us, this information does not constitute an offer or an inducement to enter into a legally binding contract. All other information on this Website, with the exception of the Online Services the Website Owner provides, is for general information purposes and is not tailored to meet your specific requirements.
2. You should always obtain legal or other professional advice that is appropriate to your circumstances before acting or relying on any information contained on this Website.

Limited warranties

1. The Website Owner does not warrant or represent:
   1. the completeness or accuracy of the information published on this Website;
   2. that the material on the Website is up to date; or
   3. that the Website or any Services on the Website will remain available,
   the Website is provided on an as-is, as-available basis and you acknowledge and agree that to the extent permitted by law, and subject to the below without representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency, completeness, or security of this Website.
2. The Website Owner reserve the right to change or alter any or all of this Website by appropriate action, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms.
3. Except for the Information Memorandum posted on the Yard Asset website pages, the Website Owner will not be responsible if this Website (or any content provided through it) is incomplete, corrupted, inaccurate, outdated, or incorrect, nor if this Website or any Online Services provided or made available through it are unavailable for any reason, including directly or indirectly as a result of:
   1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
   2. negligent, malicious or willful acts or omissions of third parties (including our third party service providers);
   3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this Website;
   4. any events beyond our control; or
   5. services provided by third parties ceasing or becoming unavailable.
4. You acknowledge and agree that to the extent permitted by law, and subject to section 16 below, the Website Owner does not promise, represent, or warrant that this Website will be free of computer viruses or any other kind of defect or error that may negatively affect their software and systems. It is important to install and implement your security and system checks to protect your software and systems.

Limitations and exclusions of liability

1. Nothing in these Terms will:
   1. limit or exclude any liability for death or personal injury resulting from negligence;
   2. limit or exclude any liability for fraud or fraudulent misrepresentation;
   3. limit any liabilities in any way that is not permitted under applicable law; or
   4. exclude any liabilities that may not be excluded under the applicable law of the jurisdiction that the Website represents and operates in,
   and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms, except to the extent permitted by law.
2. The limitations and exclusions of liability are set out in this section 16 and elsewhere in these Terms:
   1. are subject to section 16.1; and
   2. govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
3. This Website is neither guaranteed nor warranted to be secure nor does it give any warranty of reliability or accuracy. The owners, directors, employees, and associates of this Website do not accept any liability for loss or damage caused by the reliance on information on this Website or the inability to access the same.
4. The Website Owner will not be liable:
   1. for any loss or damage of any kind resulting from the use of this Website and the information provided through it;
   2. if for any reason this Website is unavailable at any time or for any period;
   3. for losses arising from any events beyond our reasonable control.
5. For the purposes of the jurisdiction that the Website operates in this disclaimer is subject to any applicable contrary provisions of the laws applicable in that jurisdiction.
6. The Website Owner excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the Website or any content or Online Services provided or made available through the Website:
   1. the Website Owner will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; and
   2. the Website Owner will not be liable to you in respect of any loss or corruption of any data, database, or software.

Disclaimer as to ownership of trademarks, images of personalities, and third party copyright and links

1. This Website may contain links to other Websites (Linked Sites), which are not operated by the Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and services contained within each such site.
2. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.
3. In connection with its advice and services (including any Online Services provided through this Website), the Website Owner uses software, systems, technology, products and services supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and online information access systems (Third Party Services).
4. To the maximum extent permitted by law, the Website Owner:
   1. does not give any warranty in relation to Third Party Services, including any warranty as to features, performance, or fitness for the purpose of Third Party Services; and
   2. shall not be liable for any claim, action or breach arising in relation to Third Party Services.

Disclaimer of liability

1. Subject to any non-excludable consumer guarantees and other applicable consumer protection provisions set out in the laws where the Website is operating in, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
2. To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, incidental damages, damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
3. This section 18 does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
4. The Website Owner may hold you liable for any losses resulting from the misuse of your password, or for any activities on this Website that result from your failure to keep your password confidential.

Breaches of these terms

1. Without prejudice to our rights under these Terms, if you breach or the Website Owner reasonably suspect you to be in breach of these Terms in any way, the Website Owner may:
   1. send you one or more formal warnings;
   2. temporarily suspend your access to this Website;
   3. permanently prohibit you from accessing this Website;
   4. block computers using your IP address from accessing this Website;
   5. contact any or all of your internet service providers and request that they block your access to this Website;
   6. commence legal action against you, whether for breach of contract or otherwise; and/or
   7. suspend or delete your account on this Website.
2. Where the Website Owner suspends, prohibits or blocks your access to this Website or a part of this Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Indemnity

1. You hereby indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, from any third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.

What to do if you have a complaint

1. The Website Owner accepts that sometimes it can get things wrong, and when this happens, the Website Owner is determined to make them right again.
2. Most problems can be resolved quickly and simply by talking with us. You can contact us via the Contact Us link on this Website.
3. If an issue has not been resolved to your satisfaction, the Website Owner will handle your complaint in accordance with its Complaints Handling and Dispute Resolution Policy.

Updating your contact details

1. You need to keep your email address current. You may update your email address by contacting us. If you don't provide us with the correct email address, the Website Owner may not provide you with access to our Online Services because you may not receive important information from us.
2. The Website Owner may use your mobile phone number to send you SMS Codes and any information relevant to your Online Services. If you don't provide us with your correct mobile phone number, you may not be notified of important information relevant to the use of SMS Codes. You need to keep your mobile phone number current. If you update or no longer use your mobile phone number, you must contact us and provide us with updated information.

Law and jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with the laws in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in respect of all matters arising under or in connection with these terms and conditions.

Assignment

1. You hereby agree that the Website Owner may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms, providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these Terms.

Severability and invalidity

Third party rights

1. A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties rights under a contract under these Terms is not subject to the consent of any third party.

Entire agreement

1. These Terms, together with our privacy policy disclosed on this Website, shall constitute the entire agreement between you and us in relation to your use of this Website and shall supersede all previous agreements between you and us in relation to your use of this Website.

Amending these terms

1. The Website Owner may revise these Terms from time to time. The Website Owner reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2. The Website Owner has the right in its absolute discretion, at any time, and without notice, to amend, remove or vary the services or any page of this Website.

Statutory and regulatory disclosures

These terms