Terms and Conditions
Terms & Conditions
Finconnex Financial Services — Website Use and Service Engagement Terms
⚠️Please Read These Terms Carefully
If you do not agree to these Terms, you must not use our website or engage our services. We recommend that you retain a copy of these Terms for your records.
In these Terms and Conditions, the following words and expressions have the meanings set out below unless the context otherwise requires:
| Term | Definition |
|---|---|
| Agreement | These Terms and Conditions, together with our Privacy Policy, Cookies Policy, and any written engagement letter or credit assistance agreement entered into between you and Finconnex. |
| ACL / Australian Consumer Law | Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time. |
| ASIC | The Australian Securities and Investments Commission. |
| Credit Assistance | Has the meaning given to it under the NCCP Act, and includes suggesting, assisting, or acting as an intermediary in relation to a credit contract. |
| Finconnex / we / us / our | Finconnex Financial Services (ABN 55 631 242 727), Credit Representative No. 507412. |
| Lender | Any financial institution, bank, non-bank lender, credit union, or other credit provider that is a member of our approved lender panel. |
| NCCP Act | The National Consumer Credit Protection Act 2009 (Cth), as amended from time to time. |
| Services | The credit assistance, mortgage broking, and related services provided by Finconnex as described in these Terms. |
| Website | The Finconnex Financial Services website at www.finconnex.com.au and all associated pages, subdomains, and digital platforms. |
| you / your | The individual or entity accessing the Website or engaging the Services. |
1.1 By accessing or using the Website, submitting an enquiry, completing any online form, or engaging our Services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and all policies incorporated by reference herein, including our Privacy Policy and Cookies Policy.
1.2 If you are accessing the Website or engaging the Services on behalf of a company, trust, partnership, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" in these Terms shall refer to that entity.
1.3 These Terms constitute a legally binding agreement between you and Finconnex Financial Services. Your continued use of the Website or Services following any update to these Terms constitutes your acceptance of the updated Terms.
1.4 We reserve the right to refuse access to the Website or Services to any person at our absolute discretion and without prior notice.
2.1 Finconnex Financial Services is a Credit Representative (No. 507412) authorised under an Australian Credit Licence. We are a credit assistance provider and mortgage broker. We are not a lender, financial institution, or deposit-taking entity.
ℹ️Important: We Are a Credit Assistance Provider, Not a Lender
2.2 The Services provided by Finconnex include, but are not limited to:
- assessing your financial circumstances and objectives as part of a needs analysis and fact-find process;
- providing credit assistance in relation to home loans, investment loans, refinancing, construction loans, and other credit products;
- identifying and recommending potentially suitable credit products from our lender panel;
- preparing and lodging loan applications with Lenders on your behalf;
- liaising with Lenders, valuers, solicitors, conveyancers, and other parties in connection with your application;
- providing ongoing support and assistance following loan settlement; and
- providing general information and educational resources through our Website regarding the mortgage broking process and credit products.
2.3 Finconnex provides credit assistance in accordance with its responsible lending obligations under the NCCP Act.
2.4 Nothing in these Terms constitutes a guarantee that any loan application will be approved, or that any particular interest rate, product feature, or loan structure will be available to you.
2.5 Loan approval, pricing, and conditions are determined solely by the relevant Lender based on its own credit assessment criteria, which are outside our control.
3.1 To access the Website and engage the Services, you must:
- be at least 18 years of age;
- be a natural person with the legal capacity to enter into binding contracts under Australian law, or be a duly authorised representative of a legal entity with capacity to contract;
- not be subject to any legal restriction, court order, or bankruptcy administration that would prevent you from entering into a credit contract; and
- be accessing our Services for a purpose that is lawful and consistent with these Terms.
3.2 By using the Website or engaging our Services, you represent and warrant that you meet all eligibility requirements set out in clause 3.1.
3.3 We reserve the right to request proof of identity or eligibility at any stage of the engagement.
4.1 You agree to cooperate fully with Finconnex in connection with the provision of Services, including by providing all information and documentation reasonably requested by us in a timely manner.
You represent, warrant, and undertake that all information you provide to Finconnex — including personal, financial, employment, and asset information — is true, accurate, complete, and not misleading in any material respect. You acknowledge that:
- Lenders rely on the accuracy of information contained in loan applications to make credit decisions;
- providing false or misleading information to a Lender may constitute fraud or a criminal offence under applicable Australian law, including under the Criminal Code Act 1995 (Cth);
- you have an ongoing obligation to notify us of any change in your financial circumstances, income, employment, or liabilities that occurs during the application process; and
- Finconnex relies on the accuracy of the information you provide and cannot independently verify all information supplied.
You agree to:
- provide all supporting documents requested by Finconnex or a Lender (including payslips, bank statements, tax returns, and identity documents) promptly and in the required format;
- ensure that all documents provided are genuine, unaltered, and accurately reflect your actual financial position; and
- not submit or assist in the submission of any falsified, altered, or misleading documentation to Finconnex or any Lender.
In your use of the Website, you agree not to:
- use the Website for any unlawful purpose or in any manner that violates these Terms;
- engage in any conduct that could damage, disrupt, or impair the operation of the Website;
- attempt to gain unauthorised access to any area of the Website, our systems, or any connected server or network;
- use automated tools, bots, scrapers, or data extraction software to access or extract content from the Website without our prior written consent;
- transmit any malicious code, virus, trojan, or other harmful software through the Website;
- use the Website to transmit unsolicited commercial communications or spam; or
- impersonate any person or entity or misrepresent your affiliation with any person or entity.
⚠️General Information Only
You should always seek independent professional advice from a licensed adviser before making any financial decision.
5.1 All content published on the Website has been prepared without taking into account your individual financial situation, objectives, or needs.
5.2 Any interest rate figures, borrowing capacity estimates, repayment calculations, or loan comparison results produced by tools on our Website are indicative only and do not represent a formal credit assessment or offer of credit.
5.3 Past performance of any investment, property market, or financial product is not indicative of future performance.
5.4 For specific, tailored advice regarding your mortgage, financial planning, legal, or taxation affairs, we strongly recommend consulting a relevant licensed professional.
6.1 In the course of providing credit assistance, Finconnex works with a panel of lenders, mortgage insurers, valuers, solicitors, conveyancers, insurance providers, and technology platforms (collectively, Third-Party Service Providers). These parties are independent of Finconnex and operate under their own terms, conditions, and policies.
6.2 Finconnex does not control, endorse, or accept responsibility for the products, services, terms, policies, decisions, or conduct of any Third-Party Service Provider. In particular:
- the decision to approve or decline a loan application is made solely by the Lender at its absolute discretion and is not influenced or guaranteed by Finconnex;
- the terms and conditions of any credit product, including interest rates, fees, charges, and conditions, are set by the Lender and are subject to change without notice;
- any insurance products, valuation services, or legal services provided in connection with a property transaction are the independent responsibility of the relevant provider; and
- any issues, disputes, or complaints relating to a credit product following settlement should be directed to the Lender in the first instance.
6.3 Our Website may contain links to third-party websites for your reference. The inclusion of any link does not imply endorsement by Finconnex of the linked website, its operator, or any product or service it offers.
6.4 To the fullest extent permitted by law, Finconnex excludes all liability for any loss, damage, or expense arising from your reliance on, or interaction with, any Third-Party Service Provider or any linked external website.
✅Transparency in Remuneration
Finconnex may receive commissions and other benefits from Lenders in connection with loan applications submitted and settled on your behalf. Commission arrangements may include:
- Upfront Commission: a one-time payment calculated as a percentage of the settled loan amount, typically ranging from 0.50% to 0.70% (inclusive of GST).
- Trail Commission: ongoing periodic payments typically ranging from 0.10% to 0.35% per annum (inclusive of GST), paid for the life of the loan.
- Bonus or Volume Commissions: in some cases, Lenders may pay additional commissions where a volume of lending reaches a defined threshold.
The specific commission amount applicable to any recommended credit product will be disclosed in our Credit Proposal and Credit Proposal Disclosure Document (CPDD).
In most circumstances, Finconnex does not charge fees directly to clients for standard mortgage broking services. Any client fees that may apply in specific circumstances will be clearly disclosed to you in writing before any fee becomes payable.
We are required under the NCCP Act and ASIC Regulatory Guide 273 to act in your best interests when providing credit assistance. We maintain a Conflict of Interest Policy and take active steps to ensure that our remuneration arrangements do not compromise the quality of our recommendations.
You acknowledge that if a loan is repaid, refinanced, or discharged within a short period following settlement (typically within 12 to 24 months), the Lender may reclaim part or all of the upfront commission paid to us. In such circumstances, Finconnex reserves the right to charge you a fee equivalent to the commission clawed back, up to a maximum amount disclosed in our Credit Proposal. This provision does not apply to refinancing facilitated by Finconnex.
8.1 The Website and all content contained therein are provided for lawful purposes only. You agree that you will not use the Website in any manner that violates any applicable Australian law, infringes the intellectual property rights of Finconnex or any third party, involves the transmission of spam or phishing material, or interferes with the availability or security of the Website.
8.2 Any breach of these restrictions may result in the immediate suspension or termination of your access to the Website, and Finconnex reserves the right to report any such breach to relevant law enforcement authorities.
9.1 All content on this Website — including text, graphics, logos, icons, images, audio clips, calculators, and software — is the property of Finconnex Financial Services or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.
9.2 You may access, view, and print content from the Website for personal, non-commercial use only, provided you do not modify the content, remove any proprietary notices, or use it in any way that may infringe our intellectual property rights.
9.3 Nothing in these Terms grants you any licence or right to use any trademark, service mark, logo, or brand name of Finconnex or any third party without the prior written consent of the owner.
10.1 To the fullest extent permitted by applicable law, the Finconnex Parties (including its directors, employees, agents, and representatives) exclude all liability for any loss or damage of any kind — whether direct, indirect, consequential, incidental, special, or punitive — arising from or in connection with:
- your use of, or inability to use, the Website or any content contained therein;
- any decision made by a Lender to decline, withdraw, or modify the terms of a loan application;
- any delay in processing, approving, or settling a loan application;
- any change in interest rates, lending criteria, or product availability by any Lender;
- any financial loss or adverse outcome arising from a credit product arranged with our assistance;
- any inaccuracy, error, or omission in the Website content; or
- any unauthorised access to or alteration of your personal data.
10.2 Where liability cannot be excluded by law, the total aggregate liability of the Finconnex Parties is limited to the total fees paid by you to Finconnex in the twelve (12) months preceding the event, or AUD $500, whichever is lesser.
10.3 Nothing in these Terms excludes, restricts, or modifies any right or remedy implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
11.1 You agree to indemnify, defend, and hold harmless the Finconnex Parties from and against all claims, actions, proceedings, losses, damages, costs, penalties, fines, and expenses (including reasonable legal fees) arising from or in connection with:
- your breach of any provision of these Terms;
- your provision of false, misleading, inaccurate, or incomplete information to Finconnex or any Lender;
- your submission or facilitation of any fraudulent, altered, or falsified documentation;
- your unlawful or unauthorised use of the Website;
- your infringement of the intellectual property, privacy, or other legal rights of any third party; or
- any claim by a third party arising from your conduct in connection with the Services.
11.2 This indemnity is in addition to, and does not limit, any other right or remedy available to Finconnex under these Terms or at law.
12.1 Finconnex Financial Services is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
12.2 By engaging our Services, you consent to the collection and use of your personal information as described in our Privacy Policy, including information about the types of personal and credit-related information we collect, how and why we collect, use, and disclose your information, the third parties to whom your information may be disclosed, and your rights to access and correct information we hold about you.
12.3 We may be required to conduct a credit check on your file with one or more credit reporting bodies as part of the credit assessment process. We will notify you before conducting any credit check.
12.4 If you have concerns about how we have handled your personal information, please contact our Privacy Officer at admin@finconnex.com.au.
13.1 Our Website uses cookies and similar tracking technologies to support the operation of our digital services, improve user experience, and deliver relevant advertising. By continuing to use the Website, you consent to our use of cookies in accordance with our Cookies Policy.
13.2 Our Cookies Policy provides full details of the cookies we use, including:
- essential cookies necessary for core Website functionality and secure client portal access;
- performance and analytics cookies (including Google Analytics GA4) used to analyse website usage;
- marketing and remarketing cookies (including Google Ads, Meta Pixel, and LinkedIn Insight Tag) used for targeted advertising; and
- CRM and automation cookies through platforms including Zoho One and Go High Level.
13.3 You may control your cookie preferences through our cookie consent management tool or through your browser settings. Disabling certain cookies may affect the functionality of the Website.
14.1 Finconnex reserves the right to amend, update, or replace these Terms and Conditions at any time without prior notice to you. Changes may be made to reflect updates to applicable law or regulation, changes in our business operations or services, or for any other reason at our discretion.
14.2 The amended Terms will be published on the Website with an updated "Effective Date" and "Last Reviewed" date. It is your responsibility to review these Terms periodically.
14.3 Your continued use of the Website or engagement of our Services following the publication of amended Terms will be deemed to constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Website and engaging our Services.
14.4 We will take reasonable steps to provide advance notice of material changes to these Terms where practicable, which may include a notice on the Website homepage or direct communication to existing clients.
15.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, without regard to conflict of law principles.
15.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts, in respect of any dispute or claim arising out of or in connection with these Terms or the Services.
15.3 Nothing in this clause limits your rights to bring a complaint before the Australian Financial Complaints Authority (AFCA) or any regulatory body (including ASIC or the OAIC).
15.4 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
15.5 These Terms constitute the entire agreement between you and Finconnex with respect to your use of the Website and, together with any written engagement letter or credit assistance agreement, with respect to the Services.
16.1 We are committed to resolving complaints fairly, promptly, and transparently. If you are dissatisfied with any aspect of our Services, we encourage you to contact us in the first instance.
16.2 To lodge a complaint, you may:
- submit a complaint through our dedicated Complaints and Feedback Form at www.finconnex.com.au;
- email our Complaints team at admin@finconnex.com.au with the subject line "Formal Complaint"; or
- telephone us on (02) 8750 9780 during business hours.
16.3 We will acknowledge all written complaints within 5 business days of receipt and aim to provide a final response within 30 calendar days.
16.4 If you are not satisfied with the outcome of our internal complaint process, or if your complaint has not been resolved within 45 days, you have the right to escalate your complaint to the Australian Financial Complaints Authority (AFCA) at no cost to you:
- Website: www.afca.org.au
- Telephone: 1800 931 678
- Post: GPO Box 3, Melbourne VIC 3001
16.5 For privacy-related complaints, you may also contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or 1300 363 992.
If you have any questions about these Terms and Conditions, wish to make a complaint, or need to contact us for any reason in connection with the Services or this Website, please use the following details:
🏢 Finconnex Financial Services
🔗 Complaints Form: www.finconnex.com.au (Complaints & Feedback)
🕐 Business Hours: Monday to Friday, 9:00 AM – 5:30 PM AEST
The following disclosures are provided in satisfaction of our obligations under the NCCP Act, ASIC Regulatory Guide 273 (Mortgage Brokers: Best Interests Duty), and applicable ASIC guidance.
Finconnex Financial Services is required by law to act in your best interests when providing credit assistance. This means we must:
- take all reasonable steps to identify your needs, objectives, and financial situation;
- prioritise your interests when recommending a credit product;
- consider a sufficient range of credit products from our lender panel;
- not recommend a credit product that is not in your best interests merely because it results in higher remuneration for us; and
- disclose any conflict of interest that may affect our recommendation.
Finconnex Financial Services (Credit Representative No. 507412) is authorised under an Australian Credit Licence to engage in credit activities as a credit representative. Details of the relevant Australian Credit Licence are available on ASIC's Moneysmart website at moneysmart.gov.au.
Finconnex Financial Services has access to a panel of lenders. While we endeavour to assess a wide range of suitable products from this panel, our recommendations are limited to products offered by lenders on our panel. We do not have access to every credit product available in the Australian market. A list of lenders on our current panel is available upon request.
Before providing credit assistance in connection with a specific loan application, we will provide you with a Credit Proposal and a Credit Proposal Disclosure Document (CPDD). These documents will set out the specific credit product we are recommending, our reasons for that recommendation, and full details of our remuneration in connection with that product.
Under the NCCP Act, Finconnex is required to assess whether a proposed credit contract is "not unsuitable" for you based on your financial situation, objectives, and requirements. You have the right to request a copy of our credit assessment, and we must provide it to you within 7 business days of your request (or within 14 business days if the request is made after the credit contract has been entered into).
Finconnex Financial Services | ABN 55 631 242 727 | Credit Representative No. 507412
Suite 23, Level 3, 301 Castlereagh Street, Sydney NSW 2000 | (02) 8750 9780 | admin@finconnex.com.au
© 2025 Finconnex Financial Services. All rights reserved. These Terms and Conditions are published for public distribution on the corporate website.