Terms of Service

This Site, landing page or lead capture page/form made available via third party platforms including but not limited to Meta (Site) is operated by Capital Tree PTY LTD (ABN 87 667 349 091) (we, our or us).  It is available at: capitaltree.com.au and may be available through other addresses or channels. 

For the purposes of these Terms and our Privacy Policy, ‘personal information’ is defined as any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not, as outlined under the Privacy Act. For the purposes of our services, we collect personal information, which include both traditional personal details and business-related information.

Consent: By submitting personal information on our Site, you agree to these Site terms of use (Terms) and our Privacy Policy (available on our Site and capitaltree.com.au/privacy-policy). Please read these Terms carefully and immediately cease using our Site or submitting personal information if you do not agree to them. By submitting your personal information, you explicitly consent to us collecting, using, and selling your personal information to third parties as detailed in our Privacy Policy. On our Site, you must affirmatively agree to this by checking a box at the point of data collection. When submitting information through Site platforms such as Facebook, where checking a specific box for our policies may not be possible, your completion of details and clicking the ‘submit’ or ‘apply now’ button will serve as your explicit consent to the terms stated in our Privacy Policy. If explicit consent is not given, we will not collect or sell your information.

Exclusion of competitors: You are prohibited from using our Site, including the materials and information on our Site (Content), in any way that competes with our business.  

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(c) interfering with any user using our Site;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Third party sites: Our Site may contain links to Sites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those Sites.  You should make your own investigations with respect to the suitability of those Sites.

Details of Third Parties: Your personal information will be sold to commercial finance brokerages, residential/mortgage brokerages and lenders. Your personal information may be sold to various types of third parties, including other finance services such as private credit firms, accountants and bookkeeping services as well as lawyers, consultancy agencies, business consultants, marketing agencies, and other businesses that may offer products or services in which you might be interested. These third parties may use your data for direct marketing. Your personal information may be disclosed to third parties outside Australia, including Serbia, UK, USA, Thailand, New Zealand and the Philippines. By submitting your personal information, you acknowledge that overseas recipients may not be subject to Australian privacy laws and agree to such disclosures.

Purpose of Selling Information: We sell your personal information to facilitate the core services of our lead generation business, which includes selling leads to third-party businesses as well as our affiliated companies, to enhance the services we and/or our affiliated companies offer you and for third parties to provide you with opportunities to purchase products or services that we believe may be of interest to you, including but not limited to finding business loans. Our collection and use of personal information are aimed at providing you with targeted opportunities and enhancing the services offered by our partners.

Opt-out Mechanism: By submitting your personal information on this Site, you consent to us selling your personal information to third parties. If you do not agree to this use of your personal information, please do not provide your details. If you have already submitted your information and decide to opt out, you must notify us as soon as possible. Please contact us to opt out. We will cease the sale of your information upon receipt of your opt-out request; however, we cannot retract information that has already been sold prior to the receipt of your request. We recommend opting out at your earliest convenience to minimise potential sales of your data.

We or our third-party partners may send you marketing communications using the personal information provided. You may opt out of receiving marketing communications at any time by clicking ‘unsubscribe’ in emails or by contacting us.

Data Protection: As set out in our Privacy Policy, we require all third parties to adhere to similar standards of data protection as we do and they are also obliged to comply with the Australian Privacy Principles and any other relevant data protection laws.

Rights Under Privacy Law: You have the right to access, correct, and request the deletion of your personal data that we hold. Further details on how to exercise these rights are available in our Privacy Policy.

Transparency Updates: We commit to informing you of any changes to our policies regarding the sale of personal information to third parties. These updates will be communicated through updates to our Terms and Privacy Policy on our Site.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 

(b) access will be uninterrupted, error-free or free from viruses; or

(c) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Disclaimer

Purpose of the Site: Please note that this Site operates primarily as a lead generation tool. It is designed to connect users with potential service providers and does not itself provide any financial advice, services, or products.

No Financial Advice Provided: Unless explicitly engaged for that purpose, we do not offer financial advice or personal recommendations regarding financial decisions or strategies. Any information provided on this Site is for general information purposes only and should not be taken as financial advice.

No Guarantees of Success: We make no representations or guarantees regarding the success or outcomes of any services, strategies, or financial dealings that may arise from using this Site. Users are advised to conduct their own due diligence and consult with professional advisors before making any financial decisions.

No Responsibility for Third Parties: We are not responsible for the actions, products, services, or performance of any third parties that users may engage with through this Site. Any agreements or transactions made with such third parties are solely between the user and the third party, and we are not a party to those agreements.

By using this Site, you acknowledge and agree to the terms set forth in this disclaimer and assume all risks related to the use of any information provided or engagements made through this Site.

Referrals: We may provide you with contact details of third party specialists.  This is not a recommendation by us for you to seek their advice or to use their services.  We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.  By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that: 

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

(a) copy or use, in whole or in part, any Content; 

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another Site or platform, or creating derivative works from the Content.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. The Content is subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

For any questions or notices, please contact us at: 

Capital Tree PTY LTD  ABN 87 667 349 091

Contact Number: 1300 669 956

Email: hello@capitaltree.com.au

Last update: April 2025