Application Terms of Use

This Application form is owned and operated by the Sustainable Australia Fund.  By accessing and using the Application you agree to the following terms.  We may update these terms from time to time at our discretion without notice to you. The updated terms come into effect upon publishing. Accordingly, each time you use our Application you should revisit these Terms of Use.   

In these Terms of Use:    

  • Finance Products means the Capital Fund, Upgrade Fund and Solar Fund  products and any other environmental upgrade finance products offered by Sustainable Australia Fund from time to time  
  • Partners means organisations that we work with in order to assess your application and, if successful, to provide our Finance Products, including: local Councils; providers of services to implement Environmental Upgrade Agreements; marketing, sales and installation partners; and lending providers.    
  • Sustainable Australia Fund, we or us means SAF Investment Management Pty Ltd ATF the Sustainable Australia Fund ABN 60 757 059 521.   

Your Information    

1. You warrant that all statements, information, and representations made by you in the Application are complete, true and correct.  You confirm that the Project in the Application is wholly or predominantly for business purposes.    

2. You agree to notify us immediately of any material changes in any information in this Application.    

3. You acknowledge that we (and our Partners) will rely on this information to assess your Application and, if the Application is successful, to offer our Finance Products to you.    

4. You agree to indemnify us (and our Partners) against any loss or damage suffered as a result of this Application not being complete, true or correct, or you not complying with these Terms of Use.    

Assessment Process    

1. Once we receive your completed Application, we will assess the Application (in our sole discretion).    

2. You authorize us to share information from your Application with our Partners, in accordance with the Privacy terms in section 4 below.  In particular, you authorize us and our Partners to obtain from third parties information about you, the project and the property as needed to process your Application, which may include:  

    • property and rates information from the relevant local Council;  
    • land title information;  
    • credit reports about you (and related parties)

3. If we need to clarify the information you have submitted, or ask for more information, we will contact you promptly, and you agree to provide this additional information as soon as you reasonably can.

Later Agreements   

1. If we offer to provide finance to you, you will need to enter into two binding agreements:  

    • A Letter of Offer with us; and    
    • An Environnmental Upgrade Agreement with us and the relevant local Council.   

2. You confirm that you have read and understood the Environmental Upgrade Agreement available at https://betterbuildingfinance.com.au, and understand the requirements of environmental upgrade finance.    

3. You understand that as part of any finance agreement, you may be required to give us annual reporting on energy, water and other savings generated by the environmental upgrade works, and we may use this information to develop media and communications materials, fact sheets and case studies and to measure program performance.   

4. You acknowledge that:  

    • electricity prices, solar and other technologies are subject to market forces and may change and the effect of any change may be to adversely affect the financial assumptions you have applied in considering the Project’s feasibility;   
    • State and Commonwealth laws relating to energy, including laws that regulate the operation of the electricity market and that provide support for renewable energy may change over the life of the Project and these changes may also affect the financial assumptions you have applied in considering the Project’s feasibility; and  
    • you have relied on your own assessment of financial feasibility in respect of the Project and have not relied on any representation by us or our Partners.  

Privacy   

A copy of our Privacy Policy can be obtained through www.sustainableaustraliafund.com.au (Website).  This consent has been prepared in accordance with the Privacy Act 1988 (as amended) and the Credit Reporting Privacy Code.  

We have collected or will collect personal information about you.  ‘Personal information’ is information or an opinion, in any form, about an individual that identifies the individual, or from which his or her identity can reasonably be ascertained. References to “you” includes, directors, officers and any other key personnel we regard as relevant to our assessment of your Application and creditworthiness.  

We collect Personal Information from you and third parties (such as credit reporting bodies) that is reasonably necessary for, or directly related to, us or our Partners:  

1. assessing your Application;  

2. managing your account(s) with us;  

3. assessing your credit worthiness;  

4. offering to provide, and providing, our Finance Products to you;  

5. obtaining information from you to research and improve our services and develop new services;  

6. marketing and promoting our services to you (including by phone, or other communications media); or  

7. developing media and communication materials, fact sheets and case studies (any materials developed will not be published publicly without you being given the opportunity to view them first).  

Personal Information may be collected by us or by our Partners, from you or from any referee, introducer, broker, supplier, financial advisor, accountant or lawyer.  Personal Information may also be collected from public records.  

We may collect information:  

1. provided when dealing with us via the Website, by telephone, email, fax or in person (or from a combination of these sources); and  

2. generated by our computer system, which tracks activity on the Website.   

We may disclose your personal information to our Partners and other organisations and individuals outside of us if you have asked us to do so and/or in the course of using the information for the purposes set out above.  These individuals and organisations could include those that carry out the following functions for us:  

1. contacting you about services that we are providing to you or your organisation;  

2. responding to your questions;  

3. assessing your Application;  

4. providing our Finance Products, in particular disclosure to our lending partners;   

5. billing and debt-recovery and in particular disclosure to local Councils;  

6. verifying your identity with the document issuer or official record holder via third party systems;   

7. conducting credit and fraud checks;  

8. installing, operating, maintaining and repairing our information technology services, including the Website;  

9. providing us with legal and accounting advice and other professional services;  

10. providing us with mailing, marketing and promotional services and market research; and  

11. analysing use of the Website.  

We may hold your personal information in electronic formats or in hard copy.  We take reasonable steps to securely store your personal information to ensure it is protected from unauthorised access, modification and disclosure, and from other types of misuse, interference and loss.    

We may retain your personal information for as long as necessary to comply with any applicable law, for insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes.  Your personal information may also be retained in our IT system back-up records.  We will take reasonable steps to destroy or permanently de-identify your personal information when we no longer require it.  

By consenting to the disclosure of your personal information to an overseas recipient you understand and agree that we may not take steps to ensure that the overseas recipient handles your personal information in accordance with the Privacy Act and Australian Privacy Principles (APPs). You also acknowledge that the overseas recipient may not be required to comply with the Privacy Act and APPs, and may not be subject to comparable laws in their jurisdiction. We will not be responsible for, or otherwise liable for the way in which the overseas recipient handles your personal information.   

Our Privacy Policy contains information about how you can exercise your rights to access your personal information that is held by us, request that we correct it or make a complaint if you think we have breached our obligations.  

Our contact details for privacy matters are:  

Sustainable Australia Fund  

PO Box 416, Elsternwick, VIC 3185 

Tel: 1300 432 044  

Email: info@sustainableaustraliafund.com.au   

Exclusion of Liability  

1. You agree that the Sustainable Australia Fund, our Partners, and our respective officers, employees, agents or advisors will not be liable for any loss or damage sustained (or that may be sustained) in connection with this Application including indirect or consequential (including economic) loss as a result of any act or omission whether negligent or otherwise.  

2. To the extent permitted by law, we expressly disclaim all conditions and warranties, express or implied, in respect of this Application.  

General  

1. You agree that these Terms of Use may not be construed adversely against us solely because we prepared them.  References to ‘including’ and similar expressions are without limitation.    

2. If a clause of these Terms of Use is void or unenforceable it must be read down to the minimum extent necessary to ensure compliance with the law. If it cannot be read down, the term is to be severed from these Terms of Use and the clauses that are not void or unenforceable shall be unaffected by the severance.

3. You agree that we may assign these Terms of Use and any associated agreements (and/or subcontract part of all of them) without your prior consent.

4. Our failure to enforce a provision of these Terms of Use or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. Any waiver will be effective only if in writing and signed by a duly authorised representative of Sustainable Australia Fund.  

5. These Terms of Use comprise the entire understanding and agreement between you and us with respect to this Application.

6. These Terms of Use are governed by the laws of Victoria and the parties submit to the jurisdiction of the Courts of Victoria and relevant Commonwealth courts competent to hear appeals from them.   

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