Terms of Service

Use of the incrible website and its content is subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the website, you acknowledge, accept and agree to be legally bound by these Terms and Conditions and incrible’s Privacy Policy.

All personal information collected by incrible is handled in accordance with its Privacy Policy, a copy of which is on the incrible website.

You represent that you have the legal right and power to enter into these Terms and Conditions and perform your obligations under them and that you are at least 18 years of age.

incrible provides digital lending facilitation services, but is not itself a lender nor is it registered or licensed by any government authority in respect of the services it provides. incrible’s technology is designed to help make SME lending Smarter, Quicker , Easier and:

1. using incrible, lenders work with your customer financial data automatically providing fast and complete services. The platform automates financial Spreading process, risk grading process, reviews, covenant management etc. as required;

2. incrible improves your risk and compliance obligations by maintaining integrity of source data and full version and
   audit history

3. incrible’s platform simplifies the lending experience, increasing productivity for lenders by providing powerful financial insights and removing stress for SME’s.

incrible may:

1. require, and you agree to provide or allow others to provide, identifying information from you and may collect, retain and use your personal information, including your name, address, email address, location and credit information, which will be used in accordance with incrible’s Privacy Policy for the purposes of loan application processing;

2. obtain your financial information and contact details about you, the persons you represent or any other relevant person and accordingly, you authorise incrible to do so;

3. verify your (or the persons you represent or other relevant person’s) identity and any information you provide with any person;

4. require further information from you from time to time or to comply with any legal requirements;

5. store and transmit your information or relevant documents in the course of performing its services;

6. share your information, or the information extracted from your financial system, with lenders, finance solution providers or other persons you apply to in order to provide its services and you agree:
   1. to such sharing of information; an
   2. that such lenders, finance solution providers or other persons have their own privacy policies and website terms and conditions which you should understand;

7. wish to, and any lender, finance solution provider or other person may wish to, communicate with you regarding your use of the incrible website or any other website, incrible’s services and the information you share under these Terms and Conditions, and you agree to this; and

8. retain all rights to any information and data that it creates as part of its services.

You agree that you may be required to submit personal, financial, contact and other information, in order to use the incrible website or for incrible to provide its services, and you agree that any such information submitted to incrible will be accurate and kept up to date.

You agree:

• that any information posted or supplied by you to the incrible website will not:

• be obscene, threatening, harassing, hateful, defamatory, misleading or promote violence;

• promote, encourage or facilitate terrorism or any other similar activity;

• be in breach of copyright, anti-discrimination, privacy or other legislation;

• be confidential or commercially sensitive unless you own all rights to the content of that information or have obtained consent from the owner in relation thereto;

• give the impression that the information or communication come from incrible, if that is not the case;

• to accept responsibility for all information, or any incorrect information, posted or supplied by you to incrible or the incrible website;

• to be courteous and respectful of all persons and users of the incrible website, and their opinions;

• not to misuse the incrible website by knowingly introducing viruses or other malicious or harmful programs or technology or by using devices, processes or software (of any nature) which may interfere with the functionality of the incrible website or any process conducted on or through the incrible website;

• not to gain unauthorised access, in any way whatsoever, to the incrible website, its servers, computers or any incrible database;

• not to use the incrible website in any manner that hinders or prevents access to or use of the incrible website by incrible or other users;

• not to impersonate any person or misrepresent your association with any person;

• not to falsely represent or disguise the origin of any of the information transmitted on or through the incrible website;

• to comply with incrible’s policies and procedures from time to time;

• not to use contact information or other information contained in the incrible website about a person, to send unsolicited communications to them, in any form, or for any other unauthorised purpose;

• not to gather, collect or store information (by automated procedures or otherwise) about the users of or information contained on, the incrible website or any information posted by other persons on the incrible website;

• not to use the incrible website for any unlawful or fraudulent purpose or activity or in any way which violates incrible’s rights or that is prohibited by these Terms and Conditions or for the purpose of harming any person in any way.

Without receiving the prior written consent of incrible, you agree not to:

• reproduce, duplicate, accumulate, compile, decompile, disseminate, sell or extract, in any form, any part of the incrible website, software or any information on the incrible website;

• create a link to the incrible website from another website;

• incorporate any information from the incrible website in any other website, database, publication or other work; or

• use the incrible website other than as permitted by these Terms and Conditions.

Although incrible makes every effort to ensure the accuracy and currency of information contained on the incrible website, such information may not be accurate, exhaustive or up to date in all instances at all times or that it is suitable in your circumstances. incrible does not warrant the quality, accuracy, reliability or completeness of any information on the incrible website, or these Terms and Conditions either express or implied.

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incrible makes no representations, warranties or guarantees, either express or implied:

• that access to the incrible website will be available, uninterrupted or without delay;

• in respect of the performance of the incrible website;

• in respect of the content of the incrible website; or

• that the incrible website, email or any of the material contained therein is free of viruses or other defects, interference or interception or is error or omission free.

The incrible website may contain links or other references to websites of third parties, including lenders, funding providers, finance solution providers or other persons, however, incrible:

• cannot control the content of those other websites and therefore is not responsible for them;

• does not endorse, approve or sponsor any content, material, product or service on those other websites, unless otherwise specified; and

• makes no representations or warranties whatsoever, either express or implied, regarding them.

incrible does not guarantee the results of any services provided, including with any lenders, finance solution providers or other persons, or in respect of whether any options available are the best terms available. incrible does not have any control over the criteria that such third parties may use and those third parties are solely responsible for their services and relationships with you. incrible does not recommend or endorse any service, product or offer of any such third party and is not liable for any loss, costs, expenses, damages related to your relationship with any of them.

incrible expressly disclaims any liability whatsoever for or in respect of the content of, or the results of using, the incrible website and the content of any third party websites to which the incrible website links.

In no event will incrible be liable to you or any other person, directly or indirectly, for any loss, damage, cost or expense whatsoever, including any loss of profits, business interruption, loss of data, information being obtained by others or otherwise:

• arising from any use of the incrible website, or any content, information, products, services or materials contained in it;

• arising from any use of a third party website to which the incrible website links, or any content, information, products, services or materials contained in it;

• for any inadequate, late or missing information or services;

• resulting from reliance on any of the above;

• resulting from negligence, misrepresentation, omission, default or otherwise howsoever caused; or

• resulting from any act, event or cause whatsoever which is beyond the control of incrible.

No information, services, products or materials provided or contained in the incrible website is intended to constitute legal, professional or other expert advice and you agree and acknowledge that reliance on any such information, services, products or materials is at your sole risk. incrible therefore disclaims all liability and responsibility arising from any reliance placed on such information, services, products or materials by any person. You should seek appropriate legal advice from a qualified legal practitioner about any legal issues.

All intellectual property rights (including rights relating to copyright, future copyright, trademarks, logos, designs and patents) in the incrible website and the information and other material appearing on or contained in the incrible website are vested in incrible and/or its affiliates or licensors.

You agree and acknowledge that you must not and must not participate in or permit any other person, to:

• download, reproduce, copy, sell, distribute, modify, display, prepare works from, republish, upload to a third party, transmit or otherwise use any of the content on the incrible website in any way whatsoever for any purpose, without incrible’s prior consent; or

• otherwise infringe the intellectual property rights of any person in using the website or any content on the website;

No licence or rights in any such intellectual property rights are granted to or conferred on you.

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No part of material covered by copyright should be copied or reproduced in any form or by any means without the written permission of the owner of the copyright material.

The incrible name and any logo on the incrible website and the domain name are trademarks owned by incrible. You agree not to use, reproduce, publish, modify or distribute any incrible trademarks, logos or designs contained on the incrible website without first obtaining the prior consent of incrible.

The incrible website is subject to change at any time at the discretion of incrible without prior notice. You may not alter, change, modify or adapt the incrible website or any content of the incrible website.

incrible takes all reasonable steps to:

• maintain the security of information provided by you but does not accept responsibility for breaches of security or unauthorised access resulting from disclosure of your login details (if any) and you are responsible for maintaining the confidentiality of your login details, usernames, passwords and similar information;

• ensure that the incrible website and services are virus free, however you agree to take your own precautions to ensure that when accessing the incrible website, you are not exposed to the risk of viruses or malicious computer interference which may damage computer systems.

incrible does not ensure or warrant the security of any information you provide to us, and you do so at your own risk.

You are granted a non-exclusive, revocable licence to access the incrible website under these Terms and Conditions. By accessing or using the incrible website, you agree to these Terms and Conditions. incrible may terminate your use of the incrible website if you are in breach of any of the Terms and Conditions or if it determines to terminate your licence for any reason whatsoever.

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By providing the information and material that you post or supply to the incrible website, you grant to incrible an unrestricted, irrevocable, royalty free, worldwide, perpetual, non exclusive licence to use, reproduce, display, transmit, sell and distribute that information and material, including copyright material.

You are granted a non-exclusive, revocable licence to access the incrible website under these Terms and Conditions. By accessing or using the incrible website, you agree to these Terms and Conditions. You indemnify incrible, its directors, officers, agents, employees and contractors against any loss, damage, cost or expense whatsoever, including any loss of profits, business interruption, loss of data, information being obtained by others or otherwise, howsoever caused, arising from any use of the incrible website, or any breach by you of these Terms and Conditions, or your negligence, or by your violation of any law or the rights of a third party, or in respect of the use of any information, products, services or materials contained in the incrible website or reliance on any of them. incrible may terminate your use of the incrible website if you are in breach of any of the Terms and Conditions or if it determines to terminate your licence for any reason whatsoever.

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By providing the information and material that you post or supply to the incrible website, you grant to incrible an unrestricted, irrevocable, royalty free, worldwide, perpetual, non exclusive licence to use, reproduce, display, transmit, sell and distribute that information and material, including copyright material.

To preserve the good name and reputation of incrible and persons who use the incrible website, incrible reserves the right at any time, at its discretion, for any reason whatsoever, to:

• refuse any person service or access to the incrible website;

• suspend, terminate or cancel your access or use of the incrible website; and

• remove material, information or other publications from the incrible website.

Any such suspension, termination or cancellation does not affect any accrued rights or remedies you or incrible may have.

Payments: If any payment for services, products or other materials is required, such payment must be made in accordance with the terms set out by incrible in a separate arrangement or agreement.

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Indirect or consequential loss: incrible is not liable for any indirect or consequential loss of any kind (including loss of profit) howsoever arising from the breach or non-performance of any obligations under these Terms and Conditions, even if it has been specifically advised of the risk of that indirect or consequential loss.

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Waiver and Exercise of rights: Waiver of any of these Terms and Conditions must be in writing and signed by incrible. Failure to exercise or enforce any right does not constitute a waiver of such right. A single exercise of a power or right does t preclude any other exercise of it or the exercise of any other power or right.

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Severability: If any of the provisions of these Terms and Conditions become invalid, void or unenforceable, then such provision is to be construed as severed and the remainder of the provisions will continue in full force and effect.

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Assignment: Neither you nor the persons you represent may assign your or their rights and obligations under these Terms and Conditions without the prior written consent of incrible. incrible may assign its rights and obligations under these Terms and Conditions without the consent from you or any other person.

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Consent: Any reference to obtaining the consent of incrible is a reference to its proper written consent which may be withheld at its discretion and it is not obliged to give its reasons for doing so. If any such consent is expressed to be subject to conditions and those conditions are not strictly complied with, such consent will be deemed not to have been given.

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Entire agreement: These Terms and Conditions constitute the entire agreement between incrible and you and all previous understandings, agreements and negotiations or oral representations or modifications cease to have effect.

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Relationship: Nothing contained in these Terms and Conditions is to be deemed to constitute a partnership, agency or joint venture between incrible and you or any other person.

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Binding: These Terms and Conditions will be binding on you and your respective heirs, personal representatives, executors, administrators, successors and assigns.

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Relationship: incrible is not and cannot be taken to be an employee, servant or agent of, or be in partnership with or in a joint venture relationship with you or any lender.

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Electronic communication:
You consent to receive communications and the services from incrible electronically, including on or through the incrible website and your email address and you agree to conduct business with incrible over the internet. You agree that all notices, agreements or other communications provided to you electronically will satisfy any legal requirement that the communication be in writing and will be deemed to have been received by you when it is sent to your email address or when it is posted on the incrible website, as the case may be.

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Notices: incrible may send you notices, statements or communications by mail or email or by posting on the incrible website. You may provide notice to incrible as follows:

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incrible Pty. Ltd. ACN 658 379 116
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incrible Pty. Ltd. ACN 658 379 116

11B Bayview Street,

Bentleigh East,

VIC 3165

Tel: 0466 580 491
email: support@incrible.io

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Governing law: The laws of Victoria govern these Terms and Conditions.

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Definitions and interpretation:
In these Terms and Conditions:

• “incrible” means incrible Pty. Ltd. ACN 658 379 116 and any assignee pursuant to these Terms  and Conditions, from time to time;

• “website” means any website through which incrible provides services to you;

• “you” means each person who uses the incrible website; a reference to these Terms and Conditions or any other document includes any variation or supplement to, or replacement of it from time to time;

• “including” is to be taken to be followed immediately by “but not limited to”;
  “person” includes a person, firm, trust, company, partnership, joint venture, unincorporated association, institute, university, corporation, authority, any governmental agency or any other body corporate;
  words importing a gender include any gender;

• where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

• words importing the singular include the plural and vice versa;

• headings are inserted for convenience and do not affect the interpretation of these Terms and Conditions.