Terms of use

These terms apply to the Joust website (Website) and the Joust application (App) (together, the Site), owned and operated by Joust Software Pty Ltd ACN 603 612 013 Australian Credit Licence 481805 and Joust Pty Ltd ACN 603 603 667 as trustee for the MTBB Unit Trust ABN 41 646 196 960 Authorised Credit Representative 484955 (‘we’, ‘us’, ‘our‘).  The Site is designed to assist you to compare financial and credit products (Products) offered by third party participating financial institutions (Provider) and to select a suitable Provider (Services).

By using either the Website or the App you agree to be bound by these terms and conditions (Terms and Conditions). You also acknowledge that we have provided you with our Privacy and Credit Reporting Policy.

We have the right to update these Terms and Conditions from time to time.  You should regularly review this page to familiarise yourself with our updated Terms and Conditions.

1           Important disclaimers

1.1       We provide information on our Site about Products such as home loans and personal loans provided by financial institutions, credit or financial services providers and other organisations in connection with the Services offered by us or by those Providers.

1.2       While we have made every effort to ensure that such information is correct and complete, we have relied on any information provided to us by the Providers. We take no responsibility and do not make any representations, either express or implied, as to the quality, accuracy, reliability or credibility of information or material provided or linked on the Site by the Providers or the tools (or any calculation) or tables on the Site.

1.3       The information contained in the Site and any results provided to you are not personal advice or an endorsement or recommendation of any Products by us. We are not:

(a)        suggesting that you apply for a particular Product or accept a particular Bid Response (see section 4 below) from a particular Provider;

(b)        making a recommendation as to the suitability of a Product for your purposes; or

(c)        trying to assist you to apply for a particular Product with a particular Provider.

1.4       We recommend that you evaluate your own individual needs, objectives and situation and seek independent advice before acting upon any information provided or linked on the Site or accepting a Bid Response. Please ensure you check any information, including the interest rates quoted by the Providers, if you intend to rely on them.

1.5       We reserve the right to change the Providers and other organisations referred to, and information about them, at any time.  

1.6       The Site may contain links to other websites. Those links are not an endorsement or recommendation of any material on those linked websites or any third party products and services offered by, from or through those sites.

2           Use of the App

2.1       Subject to these Terms and Conditions, we grant you a non-transferable, non-exclusive, royalty-free, license to install one copy of the App, solely on your handheld mobile device and solely for your personal use for the purpose of receiving our Services.

2.2       We own and remain, at all times, the owner of the App. You must not otherwise copy, transmit, distribute, reproduce (for compensation or otherwise), licence, alter, adapt, reverse engineer or modify the whole or any part of the App in any way.

2.3       You acknowledge that rights in the App are not sold to you, and that you have no rights in, or to, the App or the technology used or supported by the App other than the right to use each of them in accordance with these Terms and Conditions.

2.4       You must:

(a)        not remove or tamper with any copyright notice attached to or contained in the App;

(b)        not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;

(c)        not use the App in any way that could damage, disable, overburden, impair or compromise the App, our systems or security or interfere with other users; and

(d)        comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App, which may include but is not limited to not using the App in a country where the use of the App is unlawful.

3           How do I submit a Bid Request?

3.1       To submit a Bid Request you must first provide personal information to enable us to verify your identity, including your name, date of birth, an email address and an Australian mobile phone number and accept these Terms of Use. By doing so, you warrant that:

(a)        you are at least 18 years of age;

(b)         all information provided by you is correct;

(c)        you are eligible to register and use the Site and have the right, power and ability to enter into and comply with these Terms and Conditions;

(d)        you will be solely responsible for the activity that occurs while you use the Site;

(e)        you will not impersonate any other person or use another person’s registration details without their permission; and

(f)         you will not harass or interfere with another user’s use and enjoyment of the Site.

3.2       When you submit your application using the Site you are asking the Providers to provide an indicative offer to provide you with the Product you have requested (Bid Request). We retain the information contained in that Bid Request and may transmit the Bid Request, or part of the Bid Request to some or all of the Providers and other third party service providers.

3.3       You may be able to suspend and save a Bid Request, so you can complete and send the Bid Request at a later time.

4           What will you do with the information in my Bid Request?

4.1       By submitting the Bid Request you consent to us:

(a)        using the information contained in that Bid Request to provide you with the Services, including the disclosure of that information to the Providers and other third party service providers;

(b)        requesting Equifax Advantage Information Services and Solutions Ltd (Equifax), a credit reporting agency, to provide us with your credit reporting information.  We may communicate your Personal Information to Equifax in order to obtain your credit reporting information.

5           Who will see my credit score?

5.1       Your de-identified customer profile (which includes your credit reporting information and is current as at the date it was issued) will be provided to the Providers in order for them to submit an indicative response to your Bid Request which will be based on the information you have provided and the Product you have requested in your Bid Request (Bid Response). The Bid Response will set out some of the details of the Product the Provider is offering (for example, the applicable interest rate). We do not guarantee that any Provider will submit a Bid Response upon receiving your Bid Request and de-identified customer profile. We will not provide your credit report to the Providers.

5.2       If a Provider’s Bid Response is accepted by you, that successful Provider will be provided with your full customer profile. However a Provider may undertake its own credit report (in addition to the customer profile we have provided) as part of its normal credit assessment and procedures prior to formalising any loan to you.

5.3       In the event you do not accept any of the Bid Responses submitted by Providers, an Opted-In Provider (as defined in paragraph 7.3 below) may still receive your full customer profile in certain cases. Please refer to paragraph 7.3 below for more details. Also refer to our FAQ page on our Website.

5.4       You may request your credit reporting information from us within 30 days after it has been obtained by us from Equifax. We do not hold your credit reporting information beyond this 30 day period. You acknowledge and understand that Equifax does not permit us to provide you with any Personal Information or credit reporting information about you other than your credit report or score.  If you wish to obtain other credit reporting information from Equifax, then you must contact Equifax directly.

6           How do I accept a Bid Response?

6.1       The Products that are the subject of the Bid Reponses are supplied by the Providers.

6.2       If you wish to accept a Bid Response, you may indicate your intention to enter into the relevant arrangement with the Provider who submitted that Bid Response. However, the Bid Response will not be legally binding on you or the Provider until you have and the Provider have entered into formal documentation on its usual terms.

6.3       The Provider’s Bid Response will be subject to its normal lending policies and procedures, including responsible lending practices and verifying your identity and any details you have submitted.

6.4       We are not the supplier of any Products that you may view or select through the Site and we are not responsible for the content of any Bid Response. The Site is designed to facilitate your transaction with the relevant Provider.

7           What happens once I accept a Bid Response?

7.1       It is important that you understand that once you decide to accept a Bid Response by a Provider, you will be dealing directly with that Provider and not with us.

7.2       The relevant Provider will be provided with a full copy of your Bid Request and will contact you using the details you have provided, usually within 1 Business Day.

7.3       In the event that you do not accept any of the Bid Responses submitted by Providers in relation to your Bid Request, we may provide a full copy of your Bid Request to the Provider (if any) who submitted the Bid Response with the lowest comparison rate and was opted in to receive non-declared leads from us (Opted-In Provider). The Opted-In Provider will then contact you using the details you provided.

7.4       The Providers are:

(a)        not our employees, contractors or agents, and we will have no liability to you in relation your dealings with the Providers including any advice or recommendations they may make; and

(b)        entirely responsible for their Bid Responses and all Products made available and offered through the Site. You should refer to any applicable terms and conditions provided by the Provider in connection with the Products.

7.5       You will make all arrangements in relation to Products you require from a Provider and you will be responsible for all fees and charges (if any) payable to a Provider or in relation to their Products.

7.6       Any dispute between you and the Provider must be resolved by you and the Provider. We are under no obligation to resolve or assist you in resolving a dispute with a Provider.

8           What are my obligations?

8.1       You must ensure that any information provided in a Bid Request is complete, accurate and not misleading.

8.2       The Site is made available to you only for personal or non-commercial use in obtaining the Services. You must not use the Site:

(a)        for commercial purposes (including for competitive advantage or to the competitive disadvantage of us);

(b)        in any manner that is inconsistent with the purpose for which the Site is provided;

(c)        in any manner which is in breach of any laws; or

(d)        in any other way which is not expressly permitted by these Terms and Conditions.

8.3       Without limiting the above, you will not and will not permit a third party to:

(a)        use or access the Site or its content in a way that infringes the intellectual property rights or other rights of any person;

(b)        copy or disclose to any person, any content other than as expressly permitted by these Terms and Conditions;

(c)        use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the content;

(d)        use any method or process to consolidate or combine the content with any other content, data, information, images or material;

(e)        reverse engineer, disassemble or otherwise attempt to construct or identify the Site’s source code, formulas or processes;

(f)         use, access or retain any content in any manner or form whatsoever, unless expressly permitted by these Terms and Conditions;

(g)        use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Site;

(h)        use, obtain or attempt to obtain from this Site, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;

(i)         do anything which will or may damage, disrupt access to or interfere with the proper operation of the Site;

(j)         do anything which will or may place an unreasonable load on the infrastructure of Site; and

(k)        transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of this website, its software or hardware.

9           When can we terminate or suspend access to the Site?

9.1       We may restrict your access to the Site for any period of time necessary if:

(a)        we need to conduct an investigation or resolve any pending dispute related to your access to the Site; or

(b)        necessary to comply with any applicable law or court order, or if requested by law enforcement or governmental entity. 

You will be notified of such restricted access unless we are legally prevented from notifying you.

9.2       We reserve the right to cancel, suspend, discontinue or terminate your access to the Site if you:

(a)        breach these Terms and Conditions;

(b)        breach any of our policies;

(c)        pose an unacceptable credit or fraud risk;

(d)        provide any false, incomplete, inaccurate, or misleading information; or

(e)        suffer from death or bankruptcy.

9.3       If your access to the site is suspended, such access may be renewed once we form the view that the reason for the suspension has been suitably remedied.

9.4       If your access to the Site is cancelled, discontinued, suspended or terminated, you acknowledge that:

(a)        you will release and forever discharge us and any of our officers, employees, servants, agents, contractors, related bodies corporate and assigns (Personnel) from all claims that you may have against us or our Personnel for any cancellation, discontinuation, suspension or termination of your access to the Site; and

(b)        you will not bring a claim against us or any of our Personnel for any cancellation, discontinuation, suspension or termination of your access to the Site.

10        Is my personal information secure?

10.1     We take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification or disclosure.

10.2     You understand that any message or information you send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

10.3     All content and services on or available through the Site are provided on an ‘as is’ basis and we do not make any representation or give any warranty or guarantee in respect of the Site or its content.

10.4     You agree that by using the Site, you will be solely responsible for ensuring the security of access to the Site by third parties.

11        Intellectual Property

11.1     All copyright, trade marks and all other intellectual property rights in the Site and its content included in the Site and all software and source codes connected with the Site (Intellectual Property) is owned by us or our related companies.

11.2     Any use of the Intellectual Property without our express permission is prohibited.

11.3     Trade marks and other rights used under license by us (for example, in advertising Providers or Products) are used with permission and are owned by the relevant third party.

12        Indemnity

12.1     You agree to indemnify and keep indemnified us against all claims, obligations, liabilities, expenses, losses, damages and costs that we may sustain or incur as a result, whether directly or indirectly, of any breach of these Terms and Conditions or use of the Site by you.

13        Fees

13.1     We receive payment of fees from Providers for participating in the bidding process and upon successful settlement of their Products. We also receive fees from advertising on our Site and data revenue.

13.2     You are not required to pay us any fees for using the Site or to make a loan application.

14        Limitation on Liability

14.1     To the fullest extent permitted by law:

(a)        any liability for any loss (including indirect or consequential loss, loss of profits or economic loss), death, injury or damage which you may suffer (directly or indirectly) in connection with or arising out of any breach by us of these Terms and Conditions, is excluded;

(b)        you release us from any liability and expressly waive any claims you may have against us arising out of or in connection with your booking;

(c)        any condition or warranty which would otherwise be implied by law into these Terms and Conditions (Implied Warranty) is excluded.

14.2     To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to the remedies required of us under applicable law (including the Australian Consumer Law (ACL)). You may be entitled to the benefit of consumer guarantees under the ACL. Nothing in these Terms and Conditions attempts to exclude operation of the ACL and any exclusions or limitations of our liability are subject to any overriding provisions or non-excludable consumer guarantees under the ACL.

14.3     We will not be liable or responsible for:

(a)        any failure to perform, or delay in the performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including failure or suspension of public or private telecommunications networks;

(b)        the Site not meeting your individual requirements or the Site containing defects or errors, as the Site has not been developed specifically for you. It is your responsibility to ensure that the facilities and functions of the Site meet your requirements;

(c)        any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, data or proprietary material due to your use of the Site or attempt to access a third party website linked to the Site; or

(d)        breaches caused by a third party accessing your loan application as a result of your failure to ensure the security of access to the Site from your computer or mobile device.

15        Privacy

You confirm that you have read, understood and accepted our Privacy and Credit Reporting Policy.

16        Complaints

16.1     If you are dissatisfied with how we have provided you with our Services, please contact us at info@joustnow.com.au.

16.2     We will acknowledge your complaint within 7 days. We will provide you with a decision on your complaint within 30 days.

16.3     If you are dissatisfied with the response we provide, you may make a complaint to the Australian Financial Complaints Authority (AFCA). AFCA is a self-regulatory service providing an external and impartial dispute resolution process for retail members and customers of participating building societies, credit unions, banks and other financial service providers. The AFCA’s determinations are binding upon us if you accept the decision. You can contact the AFCA at:

Telephone:                      1800 931 678

Facsimile:                        (03) 9613 6399

Mail:                                Australian Financial Complaints Authority Limited

GPO Box 3

Melbourne VIC 3001

Website:              www.afca.org.au

Email:                 info@afca.org.au

17        General

17.1     These Terms and Conditions are governed by the laws of the State of South Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.

17.2     In the event that any term or condition of these Terms and Conditions is illegal, void or unenforceable, then such term or condition shall be severed from these Terms and Conditions to the extent only of that illegality, voidability or unenforceability. All remaining provisions will be enforceable.

17.3     We may at any time assign our rights and interests or novate our rights and obligations (in whole or in part) in connection with these Terms and Conditions. You may not assign any of your rights or obligations under these Terms and Conditions without our prior written consent.