Terms and Conditions of dealing with
Home loan experts / Dargan Financial
This document sets out the basis on which we will provide the services to you, your obligations to us and the facts on which we both rely upon to enter in to this agreement. By applying for a loan through us you agree that you have read and agree to be bound by the terms and conditions listed below.
Services Offered
We act as finance brokers on behalf of lenders. We will provide you with information regarding the type and availability of credit contracts, finance products and loans. We will also assist you in the application for finance by arranging offers to be made to you by lenders. We do not advise you on the legal or financial implications of entering into credit arrangements or particular finance products.
Our panel of lenders
We have entered into arrangements with the lenders which allow us to obtain credit for you from these lenders subject to you meeting the lenders credit criteria. The lenders with which we have arrangements do not necessarily represent all the lenders who offer credit of the nature that you seek. We can consider entering into agreements with lenders that are not part of our standard panel providing they deal with brokers and consent to our accreditation.
Fees payable by you
No fees are payable by you to us. We are paid by the lender. For some types of loans such as Commercial loans, short term loans or loans where we will not earn industry standard commissions or will have our commissions clawed back by the lender then we may charge you a brokerage fee. In all cases any fees charged by us will be disclosed to you up front.
Benefits to be received by us from persons other than you
We may receive an upfront commission of between 0% and 2.25% of the amount borrowed by you and ongoing commissions of between 0% and 0.55% of the balance owing by you from time to time. We may pay a referral fee to the person or company that referred you to us, if applicable. These percentages include GST.
We confirm that:
- We do not determine or recommend the conditions of the credit contract (such as interest rates, fees or the term of the loan);
- We and nobody else will receive any financial or other benefit or have any other interest or relationship which could reasonably be expected to influence our recommendation other than as disclosed in the brokerage agreement; and
- We undertake to inform you if, after recommending a particular product prior to you entering into a contract for that product, the commission payment differ for those described in the brokerage agreement.
You acknowledge and agree that:
- You agree to engage us to arrange the loan described above on your behalf.
- The information you have provided to us is true and correct and that we will rely upon such information in arranging for the loan on your behalf.
- You understand that we are not qualified to give legal or financial advice and any information we give you is of a general nature only and is not specific for your situation. We recommend you obtain your own legal and financial advice regarding the suitability of the loan to your needs or purposes. In entering into this agreement you expressly agree and represent to us that you have relied upon your own independent inquiries and advice in relation to the financial and legal implications of entering into this agreement or a loan contract.
- You will release us, indemnify us and hold us harmless from all and any loss, damage, cost or injury suffered by you, and with respect to any claim, proceeding, or action which does or might arise out or in relation to this agreement or the services provided to you by us.
- The terms of the loan you are seeking are indicative only and may be subject to change. Please refer to the loan contract given to you by the lender for the full terms and conditions of the loan.
- You are able to make the quoted repayments over the quoted term without undue hardship.
- If your loan is a "Low Doc" loan then the income being declared is true and correct.
Privacy disclosure statement and consent
We are collecting personal information about you to provide you with our brokering services. The information is required to allow us to assist you in preparing the loan application and locating an appropriate lender. If the information is not provided we may not be able to find an appropriate loan for you.
We may use your information to provide you with offers or information of other good or services we or a third party may be able to provide you with, unless you tell us not to use your personal information for this purpose in writing.
We may disclose your information to other organizations to fulfil the purposes identified (or purposes related to those purposes) in this agreement. The types of organizations we may disclose your information to include:
- Lenders;
- Mortgage insurers;
- Valuers;
- Our Aggregator;
- Credit reporting agencies (such as Baycorp Advantage);
- Other mortgage intermediaries;
- Government organizations as required by law;
- Other organizations which assist us (such as printers, mailing houses, lawyers, debt collectors and accountants);
- Your appointed advisors (such as your solicitor, conveyancer, accountant, real estate agent or any persons acting on your behalf).
Unless you tell us otherwise, we may disclose your information to any person who is acting on your behalf, with your legal authority or who is purporting to act with your legal authority.
In addition we may disclose your personal information to any other organisation that you may wish to, or has acquired, an interest in your loan or in our business.
We may also contact various organizations that have information about you & your associated companies so as to obtain the information we need to provide our services. The types of organizations we may collect your information from include:
- Employers;
- Accountants;
- Solicitors or Conveyancers;
- Credit reporting agencies (such as Baycorp Advantage);
- Or any other organization that has information about you which we require to provide our services.
You authorize these organizations to release to us any information we may request. You appoint Dargan Financial as your agent in obtaining a copy of your consumer & commercial credit information for both yourself as individuals and any companies, trusts, trading names, registered names or related entities of which you are either an owner, trustee or director. This authority only applies to enquires made by Dargan Financial in connection with your application, or proposed application, for credit or you having sought advice relating to your existing credit.
You can gain access to the information we hold about you by contacting us at the above mentioned address. We will hold the information securely and may destroy our records in accordance with established industry document retention practices or as permitted by law.
You agree that we may collect and use your personal information as specified above.
Our policy on your privacy
We understand that the details you provide us are private and personal. It's important that you feel secure whenever you deal with us. It's also important that you understand how we protect your privacy, as well as how, when and where we may use your details.
The following is our commitment to you, on what our policies towards your privacy are. You can be confident in the fact that we abide by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act 1988.
What do we mean by 'personal information'?
Personal information means any details or opinion about you, from which your identity is apparent or your identity can be uncovered.
Why we collect your personal information
The main reasons why we would collect personal information about you are:
- To assess your financial and credit position when you apply for a product or service from us or from another financial institution with us acting on your behalf.
- To ensure your security when visiting our website and to learn which areas of the site are of most interest to you (see the section 'cookies' below).
In both of these cases, we may use the information we gather to provide targeted, and value-added products and services to you, through direct marketing. These direct marketing offers and promotions are designed to make your life easier, not harder. So if you do not want to receive them, just let us know when we contact you.
How we collect your personal information?
We will always aim to collect your personal information directly from you. If for some good reason, we are unable to do so, we may involve another organisation. For example, we may need to request a credit report from a credit reporting agency when you apply for a credit facility. Before doing so or prior to collecting the information we need, we will inform you of the type of organisations we intend to disclose your personal information to.
Why will we disclose information to another organisation?
We want to provide our customers with the very best products and services. At times, we may partner with another organisation to support the products and services we offer. In these situations, or to perform credit checks, we will need to share the personal information you have given us. As you will appreciate, in certain circumstances we may be compelled by law to disclose your personal information to various authorities. For instance, we may be required under the Financial Transaction Reports Act to disclose details of financial transactions and we may also be compelled under tax laws to provide such information. This is to your benefit, and helps us to provide the products and services you would expect from Dargan Financial.
Whom will we disclose information to?
Before we disclose any of your personal information to any other organisation, we will take reasonable steps to ensure that:
- the organisation has the same commitment as us to the protection of your personal information; and
- you have consented to us doing so.
By consent, we mean approval in writing, orally, or implied from your dealings with us.
How we keep your personal information accurate and up to date?
It is important for us, and for you, that the information we hold is accurate and up to date. In this, we rely on you to help us. We ask that you contact us whenever there are any changes to your personal details, so that we can update our records.
Access to your personal information
The information we hold about you is yours to access and correct, and as such we can provide you with general information, such as your name, address and contact details quite easily. More detailed information may not be easy for us to access, and if necessary, a small fee may be charged for the costs of retrieving and supplying the details you want. This process may take up to 20 working days from your request. If you need to access your detailed information, just write to us at the following address:
Dargan Financial
119 Burwood Road
Enfield NSW 2136
or email enquiry@darganfinancial.com.au
How long do we keep information about you?
By law, we are required to hold certain information about you, even after you are no longer a customer. However, after such time you can be assured we will destroy your personal information thoroughly and safely. We may also hold certain information about you if it is needed for a purpose which you are aware of or reasonably expect us to hold the information. When that information is no longer needed, it will be destroyed or permanently de-identified.
How safe and secure is the information we hold about you?
We take great care with the information we hold about you. Our aim is to ensure that any details are securely protected from misuse, loss, and unauthorised access, modification or disclosure. We will take reasonable care to make sure that we keep your information in an accurate, complete and up to date manner. When that information is no longer needed, it will be permanently destroyed or de-identified.
Online security
Our website uses encryption techniques to enhance your privacy and security on the Internet. What are 'cookies' and how do they work? Cookies are small data files that are downloaded from our web servers, and stored on your hard drive. A cookie is a string of letters and numbers that uniquely identify the computer you are using, and the customer number and access code you may have used to register at the site. Cookies are used on the Dargan Financial site. We track a visitor's journey through our site. This allows us to see at a glance which pages and information is of most interest to visitors. This type of cookie contains no personal information at all; simply a record of your journey through the site. Most browsers can be configured to refuse to accept cookies. You can also delete cookies form your hard drive. However, doing so may hinder your access to valuable areas of information within our site.
If you have a complaint
We value our customers. We will always aim to be fair and responsive. If you have a complaint, you have the right to expect that we will handle it in a friendly and professional way. When we receive a complaint, we look on it as valuable feedback that may help us to improve the services we offer and to ensure your needs are met in a satisfactory and appropriate manner. If you wish to complain, at any time, about the handling, use or disclosure of your personal information, just write to us at the following address:
Dargan Financial
119 Burwood Road
Enfield NSW 2136
or email enquiry@darganfinancial.com.au
We will make all efforts possible to investigate your complaint, and advise you of the outcome as soon as possible. If the matter is not resolved to your satisfaction, you can then refer your complaint to the Federal Privacy Commissioner, who can be contacted at:
Office of the Federal Privacy Commissioner
Level 8, Piccadilly Tower
133 Castlereagh Street
Sydney NSW 2000
More information
You can request further information about the way we manage the personal information that we hold by writing to:
Dargan Financial
119 Burwood Road
Enfield NSW 2136
or email enquiry@darganfinancial.com.au
Direct marketing offers and information
The details you give us may be used to inform you about any special offers we think will be of interest to you, and to update you on new products and services or changes to our website. We may also send you details of offers or services provided by our business partners and related Dargan Financial entities. You may at any time choose not to receive these communications. Doing so will not cost you anything, and we will aim to ensure you stop receiving any unwanted communications as soon as possible.
Ownership
This website is the property of The Trustee for the Dargan Financial Discretionary Trust T/AS Dargan Financial ABN 68 702 047 521.
