TERMS & CONDITIONS
At CapEquity Finance & Consulting, we understand that securing the right finance is critical to the growth and success of your life and business. It’s not just about access to lenders- it’s about understanding your objectives, navigating complex requirements, and structuring finance that works for your specific circumstances. With deep industry knowledge, commercial insight, and a highly personalised approach, we deliver solutions that are practical, well-considered, and strategically aligned with your short and long-term goals.
These Terms and Conditions outline how we work, what you can expect from us, and how we manage our relationship with you. By signing our Client Engagement, Authority & Privacy Consent, or Statement of Credit Assistance documents, you agree to be bound by these Terms.
We are committed to maintaining transparency, fairness and professional integrity in all our dealings. If you have any questions about these Terms, or wish to discuss how they might be adapted to suit your particular circumstances, we welcome the opportunity. The most current version of these Terms is always available at capequityfinance.com.au/termsandconditions.
We take your privacy and data security seriously. All information shared with us is treated in strict confidence and protected in accordance with our Privacy Policy.
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OUR SERVICES (‘services’)
1.1. CapEquity Finance & Consulting (‘CapEquity’) is an independently owned financial services & business consulting company. We assist in finding the best finance solution to meet your individual or business needs and are committed to saving you time, effort and money.
We are an accredited partner of Consolidated Platform Group and have access to thousands of loan products from our panel of more than 60 bank and non-bank lenders across Australia.
As a Credit Assistance Provider, we’ll use the information you share with us to find a finance solution that we believe best suits your needs & goals. We’ll recommend the lender, product, or structure we think is the right fit — saving you time and helping you move forward with confidence. We compare a wide range of lenders, products and features, and once we’ve found the right option, we’ll take care of preparing and submitting the application for you.
Our business consulting services support you through all stages of the business lifecycle — from planning and cashflow modelling to growth strategy, valuation, and turnaround.
Our website has a range of useful articles and information available for topics such as consumer finance, business finance, and business management.
1.2. Our services are non-exclusive & non-transferable.
1.3. Our role is to assist you in identifying suitable finance options, preparing and submitting applications, liaising with lenders and advisers, and supporting settlement. Unless expressly agreed otherwise in writing, we do not provide legal, accounting, tax, or financial planning advice, nor do we manage transactions beyond the scope of finance-related services.
2. ELIGIBILITY, TERM, TERMINATION & DISPUTE RESOLUTION
2.1.You must be 18 years of age or over, and of sound mind to be eligible for our services.
2.2. By signing our Client Authority, Statement of Credit Assistance and Privacy Consent documents, you authorise us to:
2.2.1. Submit finance applications on your behalf to one or more lenders, for a period of up to 3 months. After this time, you will need to sign a new authority if you wish us to submit further applications;
2.2.2. Collect and verify your personal and financial information from third parties (including credit reporting bodies such as Equifax, your accountant, financial planner, employer, or solicitor) for a period of up to 12 months, to assist in providing credit assistance. For more information, refer to our Privacy Policy;
2.2.3. Retain and use your information for internal record-keeping and compliance purposes (such as audit, legal, and regulatory requirements) for up to 7 years, in line with our legal obligations under the National Consumer Credit Protection Act and other relevant laws.
2.2.4. Disclose relevant information to the lender for any loan we introduced, where reasonably necessary to assist the lender in managing or enforcing the loan (such as confirming your current contact details, employment status, or other information relevant to the lender’s management of the loan).
2.2.5. You may withdraw any of these consents at any time by notifying us in writing. Withdrawal of consent may limit our ability to continue providing services to you. Withdrawal of your consent does not affect our ability to retain or disclose information where required by law or where reasonably necessary to assist your lender in managing an existing loan.
2.3. You may terminate this agreement at any time, for any reason, by providing us with written notice. Upon termination, we will immediately cease providing our services to you. Termination does not affect any accrued rights, obligations, or fees incurred up to the date of termination. You remain liable for all amounts incurred during the engagement, even if the business is subsequently transferred or continued under a related entity. Provisions of this agreement which by their nature are intended to survive termination, including Sections 8 (Fees & Charges), 10 (Liability), 11 (Indemnity) and 13 (General), will continue to apply after termination.
2.4. We may terminate this agreement if you materially breach any warranty provided in Section 4 and fail to remedy the breach within 7 days of receiving written notice. Immediate termination applies without notice only where there is clear evidence of fraud, identity theft, or unlawful conduct, and we may notify relevant authorities.
2.5. If you are dissatisfied with any aspect of our service, we encourage you to raise your concerns with us directly. You may submit a complaint by emailing [insert complaints email] or writing to us at [insert postal address]. We will acknowledge your complaint within 2 business days and aim to resolve it within 14 business days. If a dispute arises in relation to these Terms that cannot be resolved through informal discussion or our internal complaints process, either party may refer the matter to an independent mediator. The cost of mediation will be borne by the party initiating the mediation, unless otherwise agreed. You may also refer your complaint at any time to the Australian Financial Complaints Authority (AFCA) at www.afca.org.au or 1800 931 678.
2.6. By signing our Client Engagement or Authority & Privacy Consent, you authorise us to act on your behalf in dealing with lenders and relevant third parties for the purpose of sourcing, negotiating, and facilitating finance. This includes submitting applications, receiving correspondence, and sharing information reasonably necessary to carry out our services.
3. PRODUCT SUITABILITY
3.1. Based on the information you provide us, as well as the information obtained from external sources, for example credit reports, we will recommend one or more loan products or courses of action that we believe will meet your needs, as we understand them.
3.2. The information we provide to you about loan products (including, but not limited to your eligibility, interest rates, fees etc) is correct at the time it is provided to you, but is subject to change without notice at any time by the banks or lenders providing those loan products.
3.3. We accept no liability for recommending a product, service or course of action that you later find to be unsuitable to you, your business, or your circumstances, or if the bank or lender providing that loan product changes the loan parameters at any time (including, but not limited to your eligibility, interest rates, fees, loan structure (deposit required, balloon amount, loan term etc)).
3.4. While we act in good faith to recommend competitive and appropriate options, we do not guarantee loan approval, nor that any product we present will have the lowest rate or most favourable terms available in the market.
3.5. Any information we provide, including through verbal advice, written materials, or our website should be considered using your own judgement of its applicability to you, your business & your specific circumstances, or with the support of your independent adviser such as an accountant, financial planner or solicitor.
3.6. Our goal is to provide you with clear, reliable information to help you make informed decisions for yourself or your business.
3.7. We recommend that you seek independent legal, accounting or financial planning advice before entering into any finance arrangement, particularly where the loan may have taxation, structural or long-term business implications.
3.8. Our recommendations are based solely on the information you disclose to us and the specific finance needs you discuss with us. We are not responsible for the suitability of any product in the broader context of your legal, taxation, business or financial planning strategy, unless we have expressly agreed to consider those factors.
3.9. Where we refer to a product being “suitable,” this means we believe, based on the information available, that the loan product or structure is reasonably likely to meet the finance objective you have disclosed — not that it is the best possible option or free from all risk.
4. WARRANTIES
4.1. You represent and warrant that these warranties are given at the time of signing your Client Engagement, Authority & Privacy Consent or Statement of Credit Assistance, and must remain true and accurate throughout the duration of our engagement.
4.1.1. Any and all information you provide us with is truthful and is not purposefully inaccurate or misleading.
4.1.2. While we are actively working on a transaction for you (at any stage from engagement of our services to settlement of the transaction), you will disclose any & all credit activity you undertake outside of our services. This includes the lodgement of any loan applications (in either your personal name or any of your business entity names) whether directly to a bank or lender, via a dealership or another broker.
4.1.3. While we are actively working on a transaction for you (at any stage from engagement of our services to settlement of the transaction) you will disclose any liquidity, insolvency, bankruptcy, court judgement or credit default issues in either your personal name, or in the name of any of your business entities. You agree to notify us of any other material circumstances, legal matters, or business events that may reasonably affect your creditworthiness or the outcome of your application.
4.1.4. Your use of our services does not violate any applicable law or regulation or any obligation.
4.1.5. Your use of our services is for a genuine & real purpose.
4.1.6. You are representing yourself and/or the business entity or entities you are authorized to represent.
4.1.7. That your business or businesses are solvent, and you are not planning on putting any of your businesses into any form of restricted trading, administration or liquidation.
4.1.8. You confirm that you have the authority to provide us with the information you send us, and to authorise us to use, disclose or share that information with relevant third parties in order to carry out our services.
4.1.9. All documentation you provide (including identity, income, financial and business documents) is true, current, complete and unaltered, to the best of your knowledge.
4.1.10. You agree to promptly notify us in writing if any of the warranties above become inaccurate or misleading during the course of our engagement.
4.2. You agree to provide us with complete, accurate, and timely information as reasonably requested to support your application. You are responsible for reviewing the accuracy of any documents submitted on your behalf and for notifying us of any material changes in your circumstances. We are not liable for any delay or outcome resulting from incomplete, misleading, or withheld information.
5. INTELLECTUAL PROPERTY
5.1. By using our services, you may access or be exposed to our intellectual property, including but not limited to our work product, branding, software, content, designs, graphics, documents, and the overall look and feel of our materials and website.
5.2. All such intellectual property is owned by us or our licensors and is protected by Australian intellectual property law. Nothing in these terms transfers or assigns any ownership rights to you.
5.3. Except as expressly permitted herein, you may not copy, modify, adapt, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use our services or any content appearing on our website, or within any document or email we provide you with. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in our intellectual property. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these terms grant you any right to use any trademark, service mark, logo, or trade name of CapEquity. Unauthorized use constitutes copyright and/or trademark infringement and may be prosecuted.
5.4. You may not, or may not attempt to:
5.4.1. Decipher, decompile, disassemble, or reverse-engineer any of the software used to provide our services;
5.4.2. Circumvent, disable, or otherwise interfere with any security-related features of our services or features that prevent or restrict use or copying of any content provided by us, in the course of providing our services;
5.4.3. Use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of our services;
5.4.4. Harvest, collect or mine information about other users of our services.
5.5. We grant you a limited, non-exclusive, non-transferable licence to use any materials we provide to you in connection with our services, strictly for your personal or internal business use. You may not redistribute, commercialise, or make public use of these materials without our prior written consent.
5.6. All documents, recommendations, and written content we provide to you are intended solely for your internal use. You must not share, forward, publish, or disclose any such materials to third parties without our prior written consent.
6. PRIVACY
6.1. We collect, use and disclose personal and credit-related information about you in connection with your use of our services. This is done in accordance with our Privacy Policy and Authority & Privacy Consent. Our Privacy Policy outlines how your information is managed, and is available at capequityfinance.com.au/privacypolicy.
6.2. By signing your Client Engagement, & Authority & Privacy Consent, you acknowledge and consent to the collection, use, and disclosure of your personal and credit information as outlined in our Privacy Policy.
6.3. We take reasonable steps to protect the information we collect from misuse, interference and loss, and from unauthorised access, modification or disclosure.
6.4. We only share your information with third parties where it is necessary to deliver our services, comply with legal obligations, or where you have given consent.
6.5. Our handling of credit-related information, including information disclosed to credit reporting bodies or other credit providers, is further outlined in our Credit Reporting Policy. This policy is available at capequityfinance.com.au/creditreportingpolicy.
6.6. See Section 12.4 for more information about how we manage and use call recordings.
7. CREDIT REPORTING
7.1. In the course of providing our services, we may collect and disclose credit-related information about you to credit reporting bodies and other credit providers. This may include information relating to your creditworthiness, credit history or identification, and may be used to assist with assessing or facilitating finance applications on your behalf.
7.2. If you fail to pay fees owing to us, we may also report that non-payment to a credit reporting body, provided we are legally permitted to do so.
7.3. These activities are conducted in accordance with our Credit Reporting Policy, which outlines how we handle credit information, your rights, and how you can access or correct your information. You can view our Credit Reporting Policy at capequityfinance.com.au/creditreportingpolicy.
8. OUR FEES & CHARGES
You have a right to seek to negotiate our fees with us. If you would like to negotiate our fees, please do so in writing, prior to signing our Client Engagement, Authority & Privacy Consent, or Statement of Credit Assistance document.
8.1. Consumer fees
8.1.1. Any finance brokerage work we do for you as a consumer and in relation to residential mortgages or consumer loans (such as personal loans or car loans, but excluding car loans where the car is provided for work purposes) will require us to provide you with, and for you to sign a Statement of Credit Assistance before we proceed with our work. This document will outline all of our fees, and when they become payable.
8.1.2. Where possible, we will disclose to you any commissions, fees or other benefits we receive from banks or lenders, or third parties in connection with our services provided under this agreement. These will also be outlined in our Statement of Credit Assistance.
8.2. Business fees
8.2.1. Consulting services
8.2.1.1. Our business consulting services start at $220/hour +GST, and include any services or advice we give you in relation to anything outside of our finance brokerage services.
8.2.1.2. Our business consulting services include, but are not limited to any advice on yours or your businesses credit score, credit defaults, liquidation/ administration, missed repayments, or bankruptcy; managing cashflow, strategic investment & growth, business valuations, operations, business plans, marketing, business setup & structure, etc.
8.2.1.3. Before proceeding with any of our consulting services, we will provide you with a verbal estimate of our fee & seek your agreement before starting any work. If you would like a written quote for any of our consulting services prior to us starting work, we will provide you with one. If anything changes during the course of our work for you where we think our quote was inaccurate, we will inform you either verbally, or in writing via email & await your approval before proceeding. If you do not approve the revised quote within 10 business days, we may pause or terminate our services until agreement is reached.
8.2.1.4 When requested, and irrespective of whether or not we have provided you with a written quote, we will provide you with an up to date statement of account for any charges you have already incurred from our business services. You may request this at any time during our work for you.
8.2.1.5. If, during the course of our engagement, the scope of work or estimated fee changes and you do not approve the revised estimate within 10 business days, we may pause or terminate our services. In such cases, you remain liable for all fees and costs incurred up to that point, including any consulting time, third-party expenses, or documentation preparation undertaken.
8.2.2. Finance services
8.2.2.1. Include the understanding of your business goals and requirements for securing a loan, an assessment of the loans you are eligible for and which best meet your goals, submission of loan applications to lender(s) on your behalf, drafting of loan documents & facilitation of settlement.
8.2.2.2. For assets (vehicles & equipment) being purchased by private sale, we will also assist you with inspections, valuations, PPSR checks, and vendor checks to ensure the person selling the item legally owns it, and has no legal barrier to selling it.
8.2.2.3. For assets (vehicle & equipment) being purchased from a licensed dealer, we will arrange invoicing, and for items on order, liaise with them to arrange delivery to you.
8.2.2.4. For all other types of commercial finance such as commercial mortgages & business term loans, we will liaise with your real estate agent, business broker, or other selling agent as appropriate to assist with contracts, arrange valuations & negotiate settlement dates etc.
8.2.2.5. Our fees vary in amount according to the type of business finance (ie commercial mortgage, business term loan, chattel mortgage, overdraft etc), the complexity of your requirements & the stage of your application at which the fees are being charged. For example, an asset finance loan (where the item is purchased via a dealer) which reached settlement stage will only incur a documentation fee of $220.00 (inc GST) + any costs incurred by us on your behalf. If that same loan was approved, but did not complete settlement for any reason, our fee would be up to 8% (inc GST) of the loan amount approved, plus any fees incurred by us as part of your application, as well as any applicable documentation or inspection fees. Some of our most common fees are listed below:
Asset Purchases (vehicles or equipment)
-Documentation Fee (dealer purchases): $253.00 inc GST
-Documentation Fee (private sales): $296.00 inc GST
-Inspection Fee (private sales): $250.00 inc GST
-Application Fee (where the loan does not proceed to approval for any reason): Up to 6% of loan amount proposed, per submission, + GST, or $1,000 inc GST, whichever is higher.
-Approval Fee (where the loan is approved but does not proceed to settlement for any reason): Up to 8% of the loan amount approved, per approval, + GST, or $1,500 inc GST, whichever is higher. For approved loans that do not proceed to settlement, only the Approval Fee will be charged (ie the Approval Fee is not in addition to the Application Fee).
Commercial Cashflow (term loans or overdraft facilities)
-Application Fee: $550.00 inc GST
-Overdraft Extension Fee (for limit extension on existing overdrafts): $550.00 inc GST
Commercial Mortgages & Other Commercial Term Loans (real estate rent rolls, financial planning, fitouts etc)
-Information Memorandum Fee (preparation & submission of an information memorandum document to our panel of commercial lenders, negotiation of fees, interest & terms, preparation of document outlining the loan options being offered, prior to an application): $1,100.00 inc GST
-Application Fee (where the loan does not proceed for any reason): Up to 1.5% of loan amount proposed, per submission inc GST
-Application Fee (where the loan does proceed to settlement): $2,210.00 inc GST
-Approval Fee (where the loan is approved but does not proceed to settlement for any reason): Up to 3% of the loan amount approved inc GST
-Documentation Fee (where we have provided the loan documents): $250.00 inc GST
8.2.2.6. Any fees we have incurred on your behalf, may include, but are not limited to asset inspection(s) carried out by a third party, asset valuation(s) carried out by a third party, obtaining credit reports or company searches on you or your business, obtaining digital bank statement data & searches on VIN, PPSR & LTO. These expenses will be charged to you or your business at cost. An estimate of these fees are provided below. Note that these services are provided by third parties & we have no influence over their cost. They are subject to change by their providers without notice.
Asset inspection: $220.00
Asset valuation: this cost is highly variable. We will obtain quotes from providers for you to consider and approve before proceeding.
Credit reports: $25.00
Company searches: $35.00- $75.00
Obtaining digital bank statements: $10.00
LTO searches: $50.00
VIN searches: $10.00
PPSR searches: $15.00
8.2.2.7. Our fees may be payable even if you decide not to proceed (for any reason) with a loan application that we have received any (conditional or formal) approval for, if your loan is approved with a loan structure different than the structure we outlined in the Client Engagement document you've signed, or if your loan application is not approved (for any reason) by the bank(s) or lender(s) we apply to.
8.2.2.5.1. These fees are payable for all applications or approvals, with the following specific exceptions:
-An application is declined but we subsequently obtain approval and settlement with another bank or lender.
-An application is approved, and the approval expires after 3 months. Another approval is subsequently obtained by us (within 3 months of the original approval expiry) for the same purpose, and that approval proceeds to settlement.
-An approval is originally obtained for a particular purpose (such as to purchase a vehicle). That approval is instead utilised for a different purpose, where an approval is transferrable in this way (ie to purchase equipment instead of a vehicle) & the transaction proceeds to settlement. An approval transfer is not possible for all transactions.
8.2.2.8. You acknowledge that we may be required to repay commissions & other amounts to a lender in connection with a loan arranged for you if you default on your obligations or enter into administration or insolvency. You agree that, in such circumstances, you will reimburse us for up to 12% of the original loan amount, within 7 days of receiving written notice from us. If you have entered into this agreement on behalf of a company or trust, you personally guarantee payment of all such amounts as principal debtor and indemnify us against any loss incurred if the company or trust fails to pay.
8.2.2.9. The due date for each fee will be as specified on the invoice we issue to you. You agree to pay each invoice in full by its due date, unless otherwise agreed in writing. Late payment may result in additional fees or recovery action as set out in Section 8.4.
8.2.3. Each lender will have their own fees and charges associated with establishing and administering a loan, which are distinctly separate and independent of our fees. We can sometimes negotiate a waiver on some of the lenders fees prior to the loan starting, but these fees are set by, and payable directly to the lender as set out in the lenders terms and conditions, a copy of which we will provide for your review prior to your signing any loan documents.
8.2.4. In the event that you need our assistance with a dispute you have with a bank or lender, our consulting fee detailed in Section 8.2.1.1. of this document will apply. You also agree to be liable for any & all costs & fees we incur as a result of our assistance with your dispute.
8.3. If you are entering this agreement on behalf of a company, trust, or partnership, you personally guarantee the payment of all fees and charges incurred under this agreement and agree to indemnify us against any loss arising from non-payment by that entity. Where more than one individual signs this agreement, you are jointly and severally liable for all fees and charges. This personal guarantee and indemnity applies only to the individual(s) who have signed our Client Engagement or Authority & Privacy Consent. See Section 11.7 regarding liability where the business is transferred to a related entity.
8.4. Unless required by law, fees paid to us are non-refundable. If you dispute a charge, you must notify us in writing within 14 days of the invoice date, outlining the reasons for your dispute.
8.5. Unpaid fees and recovery rights. If our fees remain unpaid after the due date, we reserve the right to:
8.5.1. Charge the applicable business or individual:
8.5.1.1 The full invoice amount, removing any discounts for on-time payment;
8.5.1.2. A late payment fee of $250 + GST;
8.5.1.3. Interest on overdue amounts at the rate of 10% per annum + Reserve Bank Cash Rate applied daily;
8.5.1.4. Our reasonable costs of collection and legal recovery;
8.5.1.5. Pursue legal action to recover unpaid amounts.
8.5.2. Report any payment default to a credit reporting body, in accordance with our Credit Reporting Policy, Our Privacy Policy and the Privacy Act 1988 (Cth).
8.5.3. More information can be found in our Credit Reporting Policy at capequityfinance.com.au/creditreportingpolicy.
8.6. Security Interest and Charge. As security for all amounts owing to us under this agreement, you:
8.6.1. Grant us a security interest under the Personal Property Securities Act 2009 (Cth) over all of your present and after-acquired personal property; and
8.6.2. Charge in our favour all of your present and future interest in any real property (land) that you own, or acquire, as security for payment of any monies owed to us.
8.6.3. You consent to us:
8.6.3.1. Registering a security interest on the Personal Property Securities Register (PPSR) over your personal property; and
8.6.3.2. Lodging a caveat over any real property you own to secure the payment of amounts owing to us.
8.6.4. You agree to do all things reasonably required by us to ensure that our security interests are perfected and enforceable, including signing any reasonable additional documents if requested to ensure registration or enforcement of those security interests.
8.7. No waiver, discount or variation of fees will be valid unless agreed by us in writing. Any informal discussions or communications will not override the fee terms set out in this agreement.
8.8. We reserve the right to suspend our services if any invoice remains unpaid past its due date. Services will resume once payment has been received in full or alternative arrangements have been agreed in writing.
9. REFERRALS
9.1. From time to time, we may share the contact details of third-party service providers you’ve expressed interest in, such as accounting firms, solicitors, financial planners, insurance brokers, credit repair agencies, real estate agents, and similar professionals (‘referral partners’).
9.2. In some cases, we may receive a referral fee, commission or other benefit if you engage a referral partner. If this applies, we will disclose the arrangement to you upon request.
9.3. While we take care to refer businesses we believe demonstrate professionalism and quality, we do not control their services and are not responsible for the advice, products or outcomes provided by any referral partner. Your engagement with any referral partner is at your discretion and subject to their terms and conditions.
9.4. We will never share your personal or business information with any referral partner or third party without your express consent.
9.5. You acknowledge that it is your responsibility to make your own enquiries and assessments before engaging with any referral partner. We encourage you to perform your own due diligence to ensure their services are appropriate for your needs.
10. DISCLAIMER & LIABILITY
10.1. We make every effort to match you with finance options that are suitable to your needs, but we do not guarantee that any application submitted on your behalf will be approved. We are not liable for any loss, cost or damage you may incur as a result of a lender declining an application, whether or not anticipated, provided we have acted with due care and diligence in delivering our services. While we aim to provide services as described, you acknowledge and agree to the following:
10.1.1. Our services are provided on an “as is” and “as available” basis.
10.1.2. We are not responsible for any:
10.1.2.1. inaccuracies, omissions or unsuitability in the services we provide;
10.1.2.2. delays or unavailability of our services, including situations where lender policies, interest rates or fees change after a product is recommended;
10.1.2.3. costs you incur (such as deposits, valuation fees, lender charges, or default interest) relating to finance applications that are declined or do not proceed to settlement;
10.1.2.4. data loss, system issues or any viruses or harmful components beyond our reasonable control;
10.1.2.5. decisions or outcomes based on the use of our services, including any financial consequences that result from proceeding with a finance option;
10.1.2.6. indirect, special or consequential loss — such as loss of profit, savings, goodwill, reputation or opportunity.
10.2. Where we are found to be liable for any reason in connection with our services, our liability is limited to either the re-supply of our services or the maximum amount covered by our professional indemnity insurance — whichever is lower.
10.3. You acknowledge that we do not provide legal, tax, financial planning or retirement advice. It's your responsibility to seek independent advice from qualified professionals about how any loan or finance product may impact your broader financial or legal position. At your request, we’re happy to collaborate with your advisers to ensure any finance we arrange aligns with your wider goals, but ultimate responsibility for this sits with you.
10.4. Our services rely on the information you provide us. We are not responsible for any outcomes, recommendations or delays that arise due to inaccurate, incomplete or withheld information.
10.5. Where our services involve third-party tools, platforms, or information (such as credit reporting software, lender comparison tools, or referral technologies), we do not guarantee the accuracy, availability or performance of those systems, and we are not liable for any disruption or loss that may result from their use.
10.6. We are not responsible for any delays, interruptions or loss resulting from circumstances beyond our reasonable control. This includes, but is not limited to, lender processing delays, system outages, internet failures, natural disasters, or regulatory changes that affect finance availability or approval.
10.7. You acknowledge that our role is to act as an independent finance broker — helping you explore and access a range of finance options. While we support you through the process and provide guidance where appropriate, we do not provide legal or financial advice, nor do we act in an advisory or fiduciary capacity. Final decisions about any finance product or strategy remain yours, and we encourage you to seek advice from your professional advisers, such as your solicitor or accountant where needed.
10.8. We take reasonable steps to protect your personal, financial, and credit data information using secure technology and best-practice systems. However, no data transmission or storage system is completely secure. You agree that we are not liable for any loss, cost, or damage suffered by you as a result of unauthorised access, cyber attack, or data breach, unless such loss arises from our negligence or a breach of our legal obligations under applicable privacy law.
11. INDEMNITY & SEVERABILITY
11.1. To the fullest extent of the law, you agree to indemnify, defend, and hold harmless CapEquity and its respective employees, directors, officers, subcontractors and representatives, against any and all claims, damages, costs, losses or expenses (including legal fees) that arise directly or indirectly from:
11.1.1. breach of these terms by you;
11.1.2. your use or attempted use of (or inability to use), or misunderstanding of our services, including any transactions that lead to credit enquiries, applications and/ or settlements;
11.1.3. your violation of any law or regulation, including but not limited to any unlawful conduct;
11.1.4. your infringement of any right of any third party;
11.1.5. any other matter that you're responsible for under these terms or under law;
11.1.6. any claim, cost, loss or damage we incur as a result of any dispute between you and a lender, except where such claim, cost, loss or damage arises solely due to our negligence, fraud or wilful misconduct;
11.1.7. any third-party service provider (including, but not limited to, accountants, financial planners, solicitors, or other professional advisers) to whom we have referred you in good faith, as outlined in Section 9. While we take reasonable care to only refer reputable professionals, we are not responsible for the advice or services they provide, and you agree that we have no liability for any loss or damage resulting from their actions, advice, or services.
11.1.8. a bank or lender declining a finance application. While we endeavour to understand a bank or lender’s credit policy and approval criteria, we cannot guarantee that an application will be approved. Lenders may change their policies without notice. Where we identify potential issues in your application, we will let you know before submitting it, so you can make an informed decision.
11.1.9. you providing us with false, incomplete or misleading information.
11.1.10. your failure to disclose any material credit or financial information relevant to our provision of services. This may include, but is not limited to any credit impairments you or your business might have such as defaults, judgements, bankruptcy, liquidation, administration, & restricted or insolvent trading.
11.1.11. the structure, suitability or affordability of any commercial finance facility arranged or recommended by us. You acknowledge that all decisions about entering into finance arrangements are your own, and you are responsible for determining whether a facility suits your business needs and financial position. We recommend you seek independent legal, accounting and financial planning advice before proceeding. While we aim to provide helpful information, we do not offer legal, accounting or financial advice. Any decisions you make based on our assistance are made at your own discretion and risk.
11.1.12. us acting on instructions provided by you, or by someone you have authorised (either expressly or impliedly) to act on your behalf.
11.1.13. your reliance on, or use of, any pre-approval, indicative quote, or informal funding estimate provided by us or by a lender, including any impact on contractual negotiations or transactions.
11.1.14. your breach of the terms and conditions of any third-party platform, service provider or lender we connect you with.
11.1.15. delays or failures to provide us with timely instructions, information or documentation required to progress your application or settlement.
11.1.16. any unauthorised access to, or disclosure of, your information resulting from a cyber attack, security breach, or systems failure that did not arise from our negligence or a breach of our legal obligations.
11.2.You agree to indemnify us against any claim, cost, loss or damage we incur if we are required to repay a commission or fee to a lender due to your early repayment, default, insolvency, administration, or failure to meet your obligations. This includes the fee itself, our reasonable administrative and legal costs, and any shortfall, interest or expenses arising from it. Non-payment of fees may also be reported to a credit reporting body, as outlined in our Credit Reporting Policy.
11.3. You agree to use our services in line with all applicable laws and not to provide any false or misleading information or misuse our services in a way that’s dishonest, harmful or intended to deceive a bank or lender.
11.4. Nothing in these terms limits your rights under the Australian Consumer Law or any other applicable law that cannot be excluded or modified.
11.5.This indemnity does not apply to losses caused by our own negligence, fraud or wilful misconduct. Our obligation is to act with due care and diligence, and any claim against us is limited to the amount covered under our professional indemnity insurance.
11.6. If any part of these terms is found to be unfair or unlawful under applicable legislation, that part will be removed, and the rest of the terms will continue to apply.
11.7. Continuity of Liability for Related Entities. If the business or trade subject to this agreement is transferred, restructured, or continued under a different company, trust, partnership or trading entity that is controlled by, related to, or substantially benefits any director, shareholder, representative, or associate of the original client, that new entity may be held jointly and severally liable for any unpaid fees, costs, or liabilities incurred under this agreement. You acknowledge that this clause is reasonably necessary to protect our legitimate business interests, and does not restrict your rights under the Australian Consumer Law.
12. CLIENT ENGAGEMENT DOCUMENTS
12.1 Before proceeding with any application lodgement, we will require that you sign a Client Engagement document (for commercial finance) or a Statement of Credit Assistance (for consumer finance). We will not proceed with any application until this document is signed by you or an authorised representative of your business.
12.2 These documents outline our recommendation(s) for lodgement of finance application(s). These recommendations are generally made after the completion of our internal assessment about your affordability, application method & loan product eligibility, and ideal loan structure. It is important to note that these documents are not a formal offer of finance, finance approval or guarantee of approval. Approval criteria are set by the bank or lender and are subject to change without notice. Our recommended loan structure may also be subject to change by the bank or lender at approval confirmation (for example they may require a larger deposit or a shorter loan term than we proposed in our application).
12.3. Our fees remain payable in the event of any change (regardless of the reason) between the recommended loan structure or borrowing entity set out in the engagement document and the loan structure or borrowing entity ultimately included in the finance application, approval, or settlement. This includes any changes made by a lender to their eligibility criteria, or any circumstances that prevent approval or settlement. If the final approval or settlement is issued in a name different from that in the engagement document, the entity listed in the approval or settlement will be responsible for paying our fees.
12.4. We may record telephone calls with you for quality assurance, compliance, and record-keeping purposes. Where required by law, we will notify you at the beginning of the call to obtain your consent before recording. You agree that these recordings may be used as evidence of any instructions, disclosures, or representations made by either party during the course of our engagement.
13. GENERAL
13.1. We may update or amend these Terms from time to time. Minor or administrative updates will be published at capequityfinance.com.au/termsandconditions, and will take effect upon publication.
13.2. For any material changes that may affect your rights, obligations, or the nature of our services, we will provide at least 14 days written notice. During this period, you may contact us to discuss the changes or to terminate our engagement in accordance with Section 2.3. If we do not receive a response within the notice period, we will consider the changes accepted.
13.3. Any changes to our fees listed in Section 8 of this document will not apply to transactions for which you have already signed a Client Engagement or Statement of Credit Assistance. In such cases, the fees outlined in your signed documentation will remain fixed for that transaction.
13.4. Jurisdiction- These Terms are governed by the laws of South Australia, and any disputes arising in connection with them will be subject to the exclusive jurisdiction of the courts of that state.
13.5. Force Majeure- We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to circumstances beyond our reasonable control. This may include, but is not limited to, natural disasters, government restrictions, pandemics, labour disputes, power or internet outages, cyberattacks, or system failures. If such an event occurs, we will notify you as soon as reasonably practicable and will use reasonable efforts to resume our services as soon as possible.
13.6. You agree that we may use electronic signatures and communications in connection with this agreement. Signing our Client Engagement, Authority & Privacy Consent, or Statement of Credit Assistance using a secure electronic signature platform (such as Adobe Sign) constitutes your valid and binding acceptance of these Terms. You agree that this method satisfies any requirement for a signature or consent to be given in writing.
13.7. We may assign or transfer our rights or obligations under this agreement to another suitably qualified party, provided such assignment does not materially reduce the services provided to you. You may not assign your rights or obligations without our prior written consent.
14. DEFINITIONS
For the purposes of this agreement,
- “approval” refers to any conditional or formal finance approval issued by a lender, and “settlement” means the successful funding and drawdown of the approved facility.
- the terms “bank” and “lender” may be used interchangeably. Both refer to any authorised deposit-taking institution, credit provider, or financier (including banks, non-bank lenders, finance companies, and other credit providers) involved in assessing, approving, funding, or administering a loan or credit facility arranged through our services.
- “Material changes” may include changes to fee structures, scope of services, or terms that affect your legal rights or obligations.
