Terms & Conditions Mortgage Custodian Pty Ltd
1. About These Terms
These terms govern your use of this website and any services described on it. By accessing this website, you agree to them. If you do not agree, please leave now.
Mortgage Custodian Pty Ltd (ABN [25 624 909 299]) (“we”, “us”, “our”) operates this website to provide information about our private commercial lending products. We are not a bank or authorised deposit-taking institution.
2. Who Our Services Are For
Our lending products are offered exclusively to commercial borrowers. We do not lend to individuals for personal, domestic, or household purposes.
Nothing on this website constitutes an offer of credit to, or is directed at, any natural person for consumer purposes. Any enquiry submitted through this website will be assessed on that basis, and applications from individuals seeking consumer credit will not be progressed.
3. Nature of Our Lending Products
Our loan products are commercial loans and are not regulated by the National Consumer Credit Protection Act 2009 (Cth) or the National Credit Code. We do not hold an Australian Credit Licence and are not required to for the services we provide.
This does not mean borrowers have no legal protections. Applicable protections include those available under Australian Consumer Law and general contract law. We are committed to conduct that is honest, transparent, and free from misleading or deceptive representation.
4. No Financial Advice
Nothing on this website constitutes financial, investment, legal, tax, or accounting advice. It is general information only. Before entering into any loan arrangement, you should obtain independent legal and financial advice appropriate to your circumstances.
We strongly recommend all prospective borrowers and guarantors seek that advice before signing any loan or security documentation.
5. Loan Terms and Indicative Information
Any rates, fees, LVR limits, loan terms, or approval timeframes published on this website are indicative only. They do not constitute an offer, commitment, or guarantee of approval. All lending is subject to our assessment process, applicable due diligence, and formal documentation.
Actual loan terms will be set out in your individual loan agreement.
6. Security Requirements
Our loans are secured against real property. Borrowers grant us security interests including, where applicable, registered first or second mortgages over the secured property. Where real property is given as security, our interest will be protected under a registered mortgage, conferring rights and powers on us as mortgagee.
Where a corporate borrower is involved, we will generally require personal guarantees and indemnities from the directors of the borrowing entity as a further condition of lending.
7. Risks of Unregulated Commercial Lending
You acknowledge that:
- commercial private lending carries risks that differ from bank lending, including higher interest rates, shorter loan terms, and greater consequences for default;
- we operate outside the consumer credit framework and the protections it affords;
- security enforcement rights are available to us upon default, including the power of sale over mortgaged property;
- prior encumbrances or existing security interests over your assets may affect our willingness to lend and may require the consent of existing mortgagees before we can take security; and
- you should not enter into any loan or security arrangement without fully understanding your obligations and the consequences of default.
8. Identity Verification and Due Diligence
We are required to carry out customer identification and due diligence prior to providing any loan facility. You agree to provide accurate, complete, and current information as reasonably requested by us in connection with any loan application.
We reserve the right to decline any application where we are unable to complete satisfactory verification to our standard.
[If applicable: We comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and maintain an AML/CTF compliance program. We may be required to report certain transactions or activities to AUSTRAC.]
9. Intellectual Property
All content on this website, including text, images, logos, and structural layout, is owned by or licensed to us. You may not reproduce, distribute, or adapt any content without our prior written consent.
10. Website Accuracy and Availability
We aim to keep this website current but make no warranty that information is accurate, complete, or up to date. We are not liable for reliance on any content found here.
We do not guarantee uninterrupted access to the website and may suspend or modify it at any time without notice.
11. Third Party Links
Links to external websites are provided for convenience only. We do not endorse or take responsibility for content on third party sites.
12. Limitation of Liability
To the maximum extent permitted by law, we exclude all liability for loss or damage arising from use of this website or reliance on its content. Where liability cannot be excluded by law, it is limited to the minimum extent permitted.
Nothing in these terms purports to exclude, restrict, or modify any right or guarantee that cannot lawfully be excluded under the Australian Consumer Law.
13. Privacy
We collect and handle personal information in accordance with our Privacy Policy, which is available [here/link]. By submitting an enquiry, you consent to us using your information to assess your enquiry and contact you.
We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
14. Governing Law
These terms are governed by the laws of Victoria, Australia. Any dispute arising from use of this website or our services will be subject to the exclusive jurisdiction of the courts of Victoria.
15. Changes to These Terms
We may update these terms at any time. The current version will always be published on this page with an updated date. Continued use of the website after any change constitutes acceptance.
16. Contact
Mortgage Custodian Pty Ltd
Address: 180 Queen Street, Melbourne 3000, Victoria, Australia
Email: [email protected]
Phone: +61 8595 9580
