Terms of Service

1. Acceptance of these Terms

By accessing or using the Monergise website, software platform, applications, content, integrations or related services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you access or use the Services on behalf of a company, trust, partnership or other entity, you represent that you have authority to bind that entity to these Terms.

2. Who we are

Monergise is a technology platform designed to support private lending workflows, investor administration, onboarding, reporting, document management, communications and related business processes.

3. Changes to these Terms

We may update these Terms from time to time. Updated Terms will be published on this page with a revised “Last updated” date. Any material changes will apply prospectively from the date of publication unless stated otherwise. If you do not agree to the updated Terms, you must stop using the affected Services.

4. Eligibility and authorised use

You must only use the Services if you can lawfully enter into a binding agreement and comply with these Terms. You are responsible for ensuring that your users, personnel and representatives comply with these Terms.

You must not use the Services in a way that is unlawful, misleading, fraudulent, harmful, offensive, defamatory, infringing or inconsistent with the intended business use of the platform.

5. No legal, financial or credit advice

Unless expressly stated otherwise in writing, Monergise provides software and workflow tools only. Monergise does not provide legal advice, tax advice, financial advice, credit advice, investment advice, trustee services or lending decisions through the website or platform.

Any calculators, summaries, workflow suggestions, reports, templates or generated content are administrative aids only and do not replace professional advice or your own review and decision-making.

6. Account registration and security

You may need an account to access some Services. You must ensure that account information is accurate and kept up to date. You are responsible for maintaining the confidentiality of login credentials, enforcing appropriate access controls and promptly notifying us of any unauthorised use or security incident.

We may require reasonable security measures, including password rules, multi-factor authentication or access restrictions, to protect the platform and customer data.

7. Customer data and uploaded content

As between the parties, you retain ownership of data, documents, information and materials that you or your authorised users upload to the Services (“Customer Data”). You grant Monergise a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and otherwise use Customer Data solely as reasonably necessary to provide, secure, maintain, support and improve the Services and to comply with legal obligations.

You are responsible for ensuring that you have all rights, notices, consents and lawful bases required to upload, use and instruct us to process Customer Data, including personal information, identification documents and third-party materials.

8. Acceptable use restrictions

You must not, and must not permit others to:

• use the Services in breach of any law, regulation or third-party right
• attempt to gain unauthorised access to any system, account, environment or data
• interfere with or disrupt the integrity, security or performance of the Services
• copy, modify, frame, mirror, scrape, reverse engineer or create derivative works from the Services except to the extent permitted by law and incapable of exclusion
• upload malicious code, harmful content or material that infringes intellectual property, privacy or confidentiality obligations
• use the Services to send unlawful spam, deceptive messages or unauthorised marketing communications
• resell, sublicense, lease, bureau, timeshare or provide the Services to third parties except as expressly authorised by Monergise in writing.

9. Third-party services and integrations

The Services may interoperate with third-party products, cloud storage providers, email services, analytics tools, KYC providers, payment services and other integrations. Your use of third-party services may be subject to separate terms and privacy policies, and Monergise is not responsible for third-party products or services that it does not control.

10. Intellectual property

Monergise and its licensors own all rights, title and interest in the Services, including software, design, workflows, branding, know-how, documentation, site content and all related intellectual property rights, excluding Customer Data.

Subject to these Terms and any applicable order form, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during the applicable subscription period.

11. Fees, subscriptions and trials

Fees, subscription periods, implementation charges, inclusions and billing arrangements will be set out on the website, an order form, proposal, invoice or other written agreement issued by Monergise. Unless otherwise stated, fees are in Australian dollars and inclusive or exclusive of GST as specified at the point of sale.

We may offer waitlists, beta access, trials, pilot environments or early-adopter pricing. Those offerings may be limited, changed or withdrawn at our discretion, subject to any express written commitment we make to you.

12. Availability, maintenance and support

We aim to keep the Services available and reliable, but we do not promise uninterrupted or error-free operation. Maintenance, updates, outages, security events, third-party failures and internet issues may affect availability from time to time.

We may modify, suspend or discontinue features where reasonably necessary for security, legal, technical or commercial reasons. Where practicable, we will try to provide reasonable notice of material changes that adversely affect paying customers.

13. Suspension and termination

We may suspend or restrict access to the Services where reasonably necessary to address a security risk, suspected unlawful activity, serious breach of these Terms, non-payment, third-party rights issue, or risk of harm to the Services, Monergise or other users.

Either party may terminate an applicable subscription or service arrangement in accordance with the relevant order form or written agreement. We may terminate these Terms immediately if you materially breach them and fail to remedy the breach within a reasonable period after notice, where notice and an opportunity to remedy is reasonably practicable.

14. Privacy

Your use of the Services is also governed by our Privacy Policy. Where you act as a controller, principal or organisation responsible for personal information uploaded to the platform, you remain responsible for your own privacy notices, consents, lawful handling and regulatory compliance unless expressly agreed otherwise in writing.

15. Warranties and disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not warrant that the Services will be uninterrupted, error-free, fit for every purpose or compatible with every third-party system.

You acknowledge that software platforms require human configuration, review and oversight, and outputs generated by the Services may depend on Customer Data, user settings, third-party inputs and integration behaviour.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Where the law permits us to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to supplying the relevant services again or paying the cost of having those services supplied again.

17. Limitation of liability

To the maximum extent permitted by law, Monergise will not be liable for any indirect, incidental, special, punitive or consequential loss, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of savings, loss of reputation or loss or corruption of data.

To the maximum extent permitted by law, Monergise’s aggregate liability arising out of or in connection with the Services or these Terms will not exceed the total fees paid by you to Monergise for the affected Services in the 12 months immediately before the event giving rise to the claim, or AUD $100 if no fees were paid for the affected Services in that period.

The limitations in this section do not apply to liability that cannot lawfully be excluded or limited, including liability for fraud or wilful misconduct to the extent such liability cannot be limited by law.

18. Indemnity

You indemnify Monergise against losses, claims, damages, liabilities, costs and expenses reasonably incurred by Monergise arising from your unlawful use of the Services, your breach of these Terms, your infringement of third-party rights, or your failure to obtain required rights or consents for Customer Data, except to the extent caused by Monergise’s own breach, negligence or misconduct.

19. Electronic communications

You agree that notices, disclosures, consents, invoices and other communications relating to the Services may be provided electronically, including through the website, platform, email or other digital means permitted by law.

20. Governing law and jurisdiction

These Terms are governed by the laws in force in New South Wales, Australia, together with any applicable Commonwealth laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.

21. General

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force to the extent possible. Our failure to enforce a right is not a waiver of that right. These Terms, together with any applicable order form or written agreement, form the entire agreement between you and Monergise regarding the relevant Services unless stated otherwise.

22. Contact us

Monergise
PRIVATE FINANCE AUSTRALIA PTY LTD ACN 672 373 787
Email: hello@monergise.com.au
Phone: 1300 247 536