Unloan App Terms

1 Introducing the Unloan App

The Unloan App is designed for compatible web browsers, or compatible Apple devices and Android devices. The ‘Unloan App’ or ‘App’ refers to the Unloan web App accessible at ‘app.unloan.com.au’.  

While the Unloan iOS and Unloan Android Apps may not yet be available, a reference to the ‘Unloan App’ or ‘App’ will also, if and when made available on the respective official App stores, refer to Unloan iOS or Unloan Android Apps downloaded from the applicable App store and accessed locally on your device. If we need to distinguish between the Unloan iOS / Android mobile applications and the Unloan web application, we'll do so in our terms by referring to either "Unloan web App" or "Unloan mobile App" as appropriate.

In order to use the Unloan App you will need to register using a valid email address and/or mobile phone number. Features of the Unloan App may not be available to some customers who have an overseas telecommunications provider.  

You can manage your existing Unloan product in the Unloan App, and you can apply for an Unloan product in the Unloan web App. Where funds are available, you can use the Unloan App to make payments to others using their Australian BSB and account number.

These Unloan App Terms and Conditions govern your use of the Unloan App, together with the terms and conditions of your accounts used in connection with the Unloan App. To avoid doubt, these App Terms and Conditions are separate from the Unloan product terms and conditions, which will be made available separately if applicable.

In this document, "we", "us", "our", or “Unloan” means Unloan, a division of Commonwealth Bank of Australia ABN 48 123 123 124.

1.1 Your contract with us

By entering your email and registering for the Unloan App, you confirm that you agree to be bound by these terms and conditions (Terms and Conditions), including that you agree to receive loan documents electronically in accordance with clause 2.2 of these Terms and Conditions (Receiving your loan documents electronically). If you do not wish to be bound by these Terms and Conditions you should not access the Unloan App and cease using it (including, by uninstalling it) immediately.

1.2 Accessing Unloan

To use the Unloan App, you will need to:

• be an individual;
• confirm that you are aged 18 years or over; and
• provide all information required by the App.

Unless expressly provided otherwise in these Terms and Conditions, if you register to use the Unloan App then you agree that:

• you will not use another person’s email address, identity or contact details to register for the Unloan App;
• you will not sell, transfer, or assign any rights you have in relation to the App, including sharing your access or information from the App with any other person;
• you will comply with any product instructions or guidelines provided by or on behalf of Unloan;
• with the exception of your liability for Redraw Transactions, which is covered in our home loan terms and conditions:
  - you are solely responsible for all activities that occur using your password (including where your fingerprint is used as your password), secure codes and login information, whether or not you authorise the activity;
  - you are solely responsible for maintaining the confidentiality of your password, any secure codes and login information for restricting access to the device on which the App is used or installed;
• we will not be liable for any loss or damage that you or any third party suffer, howsoever caused, as a result of your failure to comply with your obligations in these Terms and Conditions;
• we may reject the use of any email address or phone number to register for the Unloan App where we reasonably believe it necessary to protect your or our security; and
• we may reject the use of your fingerprint or facial image (through facial recognition identification) where we reasonably believe it necessary to protect your or our security.

1.3 Acceptable Use Policy

You may not use the App to engage in conduct that, in our opinion:

• is unlawful;
• interferes with any other person’s access to the Unloan App;
• is defamatory, harassing or threatening to any person;
• promotes or encourages physical or mental harm of any person;
• promotes violence against any person; or
• threatens or promotes terrorism or money laundering.

In the event that you fail to comply with our Acceptable Use Policy as detailed above, Unloan may without notice and immediately or at any time:

• refuse to process or complete any transaction or dealing of yours; and/or
• suspend or discontinue your access to the App.

1.4 Provision of App and Unloan Services

The Unloan Services that we (or our sub-contractors) provide to you via the App consist of providing information about Unloan products and providing the ability to apply for and manage Unloan products.
Subject to your compliance with these Terms and Conditions, Unloan will provide the following to you:

• access to the Unloan App; and
• the Unloan Services.

The Unloan home loan product is designed with use of the Unloan App in mind.  However, if we suspend or terminate the Unloan App in accordance with these Terms and Conditions, or if you choose to no longer use the Unloan App, please contact us through the details set out in clause 17.20 (Contact), and we can discuss with you alternative means of providing you with applicable services and functionality related to your loan, including statements and notices, and access to redraw if applicable to your loan.

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2 Applying in the Unloan Web App

When applying for an Unloan product, you will need to use the Unloan web App and the additional terms and conditions of this clause will apply.

2.1 Co-borrowers

When you choose to borrow money with other people you all become co-borrowers. Before you become a co-borrower, you should understand that each borrower is jointly and severally liable. This means:

• We can require you to pay the full amount of loan repayments and any outstanding debt, for example if the other borrower(s) can’t or won’t pay; and/or
• Failure to pay may result in debt collection, adverse credit rating and sale of assets.

When applying for an Unloan product using the Unloan web App, each person seeking to co-borrow with another person will be presented with policies and consents on their separate account using the web App.   However, if personal information or other confidential information is provided through your App about another person (including a potential co-borrower), you confirm you have their permission to do so.

2.2 Receiving your loan documents electronically

If you apply for an Unloan product in the web App, we will send information related to your application and your loan electronically. By commencing an application, you agree to receive all loan documents electronically, including your pre-contractual statement, information statement, loan contract, mortgage documents and any direct debit documents (Documents). If we provide these Documents electronically, you agree and acknowledge that paper copies won’t be provided; you are required to save the Documents or you can request a copy separately; and you will need to regularly check for electronic communications from us about your Documents.

You may withdraw consent to receive your Documents electronically at any time by contacting us at [email protected] or at 1300 630 000 to arrange a call back.

Unless otherwise stated in these Terms and Conditions, and to the extent permitted by law, you are responsible for the acts and omissions of all users of or individuals who otherwise access your login, account or related Unloan documentation, including any person you authorise to act for you. With the exception of your liability for Redraw Transactions, which is covered in our home loan terms and conditions, all communications and acceptances, including electronically signed documents, received by us through the Unloan web App from any person logged into the Unloan web App using your email address and secure code are deemed to be authorised by you unless you can prove that you did not authorise the person and that:

• without your knowledge your device has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your device; and/or
• the person gained access to your Unloan account without your approval despite you taking all reasonable precautions to prevent such access; and you did not unreasonably delay in reporting to us the compromise or loss of your device, or that the security of a secure code or method of obtaining a secure code has been breached.

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3 Communications with you

We may send you notifications via a push notification service or other reminder mechanism, via email, or via SMS.

Where our App is available for download on devices, push notifications or alerts will be sent to any compatible Apple or Android device on which (a) you have installed the Unloan App, (b) you have push notifications enabled, and (c) where the device is associated with your mobile number (including for wearables if that becomes an option). If you have an Apple device, you would be able to enable or disable notifications for this App via the Notifications tab in your device Settings. If you have an Android device, you would be able to turn notifications for this App on or off via Settings within this App.

Some notifications may also be received by your joint account holder(s), those with whom you are jointly applying for an Unloan product and others who have authority to operate on your account who have registered for the Unloan App. By agreeing to receive notifications, you acknowledge that notifications may also be received by your joint account holder(s), those with whom you are jointly applying for an Unloan product, or others with authority to operate on your account who have registered for the Unloan App.

Depending on your device settings, notifications may be seen by other people (including unauthorised persons) who are able to see your device or any linked peripheral devices (for example, a smart watch). Please check the notifications settings on all your devices to ensure the privacy and notifications settings are appropriate for your use.

Notifications may include:

• Secure code information;
• Account alerts (e.g. balance, payments due, incoming payments, transaction notifications);
• Security and service alerts;
• Alerts when new versions or upgrades are available;
• Details of transactions and spend; and/or
• Messages from our staff.

You agree to receive notifications and acknowledge that their delivery may be subject to the quality of your connection and the accuracy of the contact details you have provided. It is your responsibility to check any notification information before acting on it. All notifications will be sent to you and managed in accordance with our Privacy Policy. We reserve the right to suspend, change or discontinue notifications at any time for our legitimate business purposes, including for security purposes or where our notifications do not align with our operational requirements for the App. Notifications do not affect your obligation to comply with the terms applicable to the products and services you use via the Unloan App.

As a result of downloading the Unloan App, we may from time to time send you messages through emails, text messages, push notifications, or within the notifications section inside the Unloan App if available, that include commercial electronic messages advertising, promoting or offering new or existing products, services or investments.  

You can unsubscribe from such messages by:

• emailing us at [email protected]; or
• using the unsubscribe option or link or otherwise following instructions we provide in communications to you.
  
  You may also consider adjusting your preferences in the Unloan App if that option is available. Where you unsubscribe to our electronic commercial messages, please note that any unsubscribe options apply to Unloan messages only (and not to other messages that may be provided by the Commonwealth Bank of Australia (CBA) for other CBA brands, products or services).

4 Using fingerprint functionality

If we make the App available to you to download on your device and you have the Unloan App installed on a device that has compatible fingerprint functionality available, you may be able to turn on fingerprint access for the Unloan App. Turning on fingerprint access for the Unloan App means that you can access the App using your fingerprint instead of entering a secure code. For certain transactions on the Unloan App you may be prompted to enter a secure code as an additional security measure.

You must not turn on fingerprint access for the Unloan App if you have any fingerprints stored on any device other than your own.  If, after turning on fingerprint access, you allow other people to use their fingerprints on your device, you must first turn off fingerprint access for the Unloan App.

If you do allow anyone else’s fingerprints to be stored on your device (despite this being against these Terms and Conditions):

• they’ll be able to access your accounts and considered authorised to do so; and
• to the extent permitted by law, you will be responsible for their transactions.

If you, or someone else, changes the fingerprint settings on your device, as a security measure, fingerprint access may be disabled for the Unloan App and you will be prompted to enter a secure code to log on to the Unloan App. Only re-enable fingerprint access if you are sure the changes made to your fingerprint settings on your device were made by you.

Fingerprint functionality is technology you may choose to use if it is available on your device and has been enabled by you on your device. Fingerprint functionality is provided by third parties (like Apple) and accordingly, to the extent permitted by law, we are not responsible:

• for any malfunction in fingerprint functionality;
• if those third parties make any changes to their fingerprint technology that impacts the way you access the App.

You will still be able to access the Unloan App using a secure code.

If you choose to use fingerprint access for the Unloan App, you will still need access to your email address and mobile phone number to receive secure codes. You must protect your email address and mobile phone number in the manner outlined in these Terms and Conditions.

Fingerprint functionality is not available when accessing the Unloan App in a web browser.

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5 Using facial recognition

If we make the App available to you to download on your device and if you have the Unloan App installed on a device that has compatible facial recognition available, you may be able to turn on facial recognition access for the Unloan App. Turning on facial recognition for the Unloan App means that you can access the App using facial recognition instead entering a secure code. For certain transactions on the Unloan App you may be prompted to enter a secure code as an additional security measure.

You must not turn on facial recognition access for the Unloan App if the facial image stored on your phone is not your own. If, after turning on facial recognition, you allow other people to store their face on your device, you must first turn off facial recognition access for the Unloan App.

If you do allow anyone else’s face to be stored on your device (despite this being against these Terms and Conditions):

• they’ll be able to access your accounts and considered authorised to do so; and
• to the extent permitted by law, you will be responsible for their transactions.

If you, or someone else, changes the facial recognition settings on your device, as a security measure, facial recognition may be disabled for the Unloan App and you will be prompted to enter a secure code to log on to the Unloan App. Only re-enable facial recognition if you are sure the changes made to your facial recognition settings on your device were made by you.

Facial recognition is technology you may choose to use if it is available on your device and has been enabled by you on your device. Facial recognition technology is provided by third parties (such as Apple) and accordingly, to the extent permitted by law, we are not responsible:

• for any malfunction in facial recognition;
• if those third parties make any changes to their facial recognition technology that impact the way you access the App.

You will still be able to access the Unloan App using a secure code.

If you choose to use facial recognition access for the Unloan App, you will still need access to your email address and mobile phone number to receive secure codes. You must protect your email address and mobile phone number in the manner outlined in these Terms and Conditions.

Facial recognition is not available when accessing the Unloan App in a web browser.

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6 Using VoIP

If you use a device or program that uses Voice over Internet Protocol or ‘VoIP’, we urge you to take steps to adequately confirm the security of your device. The systems used by your VoIP provider and/or telephone calls made using your VoIP service may not be secure, and we therefore recommend you use up to- date anti-virus, firewall and anti-spyware software on your device before conducting any banking using VoIP; and take steps to ensure that you are satisfied with your VOIP service provider’s:  (a) security measures; (b) data protection standards; and (c) personal information handling policies.  

You should also note that your VOIP service provider may route communications offshore, in which case these communications may not be secure nor may they be regulated by Australian law.

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7 Protecting against unauthorised access

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Secure codes

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When you register for the Unloan App, you will enter and verify your email address and mobile phone number. This email address and mobile phone number will be used by Unloan to send you secure codes, which will allow you to access the Unloan App or perform other operations in the Unloan App.

You can update your email address and mobile number by contacting us at [email protected] or in the Unloan App if that functionality is made available to you. Your update of these details may be subject to your ability to verify the existing email address and mobile phone number with a secure code.

You are responsible for ensuring your email address and mobile phone number are entered correctly in the Unloan App and kept up to date.

Entering a secure code into the Unloan App incorrectly too many times may result in your access being suspended. If this occurs you will not be able to log in using the Unloan App, and you will need to contact Unloan to regain access.

In certain scenarios we may require additional verification of log in details or identity, for example for high value transactions or when updating your details.

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7.2 Protecting secure codes

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You must ensure only you have access to:

• Your device;
• Emails sent to your registered email address; and
• Text messages sent to your registered mobile phone number.

You must never share or let anyone view a secure code - not even family or friends.
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7.3 Other things you must do

Things you should do are included below.

• Lock your device and take any reasonable steps to stop unauthorised use of the Unloan App and disclosure of your account details.
• If your device is lost or stolen, notify us immediately.
• If you suspect your secure codes have been accessed or are accessible by someone else, notify us immediately.
• If you suspect the security of one or more methods of obtaining secure codes has been breached, notify us immediately.
• Only install approved applications on your device from a known and reputable app store provider. To assist in fraud detection, we may collect information about whether your device is enabled to install other apps from unknown sources, or whether known malicious apps have been installed on your device. If we detect malicious apps on your device, we may contact you. We only use this information for the purpose of fraud detection.

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7.4 Other things you must never do

You must not:

• Allow another person to use your device or Unloan login, including to make payments or transfers;
• Leave your device unattended; and/or
• Use the Unloan App with a device that is not compatible with the Unloan App.

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8 Your obligations

You must:

• only use the App for the purpose of receiving the Unloan Services and not for any other purpose;
• comply with Unloan’s reasonable instructions and guidelines relating to security requirements from time to time;
• not copy, disable, interfere with or make any unauthorised use of any security device or protocol provided by Unloan;
• ensure that you do not share your log in identifications or passwords, or any other confidential codes provided to you through the App with other persons;
• ensure that all devices used to access the App have up to date anti-virus software installed and operating; and
• keep all passwords, secure codes, account names or log in identifications required to access the App secure and confidential.

You understand and agree that it is your responsibility to evaluate notifications or alerts received via the App and take the appropriate action.

You must not, either yourself or allow on your behalf any agent or third party to:

• misrepresent yourself or disguise the origin of data submitted through the Unloan Services;
• access the Unloan Services through any means other than publicly supported interfaces like Unloan's web application, Unloan's mobile application or other Unloan-designated channels;
• add a large data load on the Unloan Services that consumes extraordinary resources (examples of which include your use of robots, spiders, and automated systems that send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser); and/or
• submit data through the Unloan Service that: (a) infringes a third party's IP rights; and/or (b) contains viruses, bots, worms, scripting exploits or similar materials.
• copy any aspect of the App and the Unloan Services other than in the ordinary course of the operation, use, or receipt the Unloan Services under these Terms and Conditions;
• subject to applicable law, decompile, disassemble, or otherwise reverse engineer any aspect of the App or its associated Services or determine any source code, algorithms, methods or techniques used or embodied in the App;
• without Unloan’s prior written consent, modify, translate, adapt or otherwise create derivative works based upon, the App or its associated services;
• copy ideas, features, functions or graphics of the App for use in another product or service;
• use the App directly or indirectly for any activity or upload, store or transmit any data, information or material unlawfully or which prevents any other customer from accessing, using or enjoying the App;
• attempt to gain unauthorised access to the App and associated Services or any part thereof, or use another person's name, registration account, log in identification, secure code or password;
• knowingly introduce or transmit any malicious code or other disabling feature to or from the App;
• remove, disable or modify any security, anti-virus or other software on the App;
• attempt to gain access to any data or information within or through the App, other than the customer’s data;
• use the App and associated Services in whole or in part to provide any third party with data obtained in connection with these Terms and Conditions, unless expressly agreed in writing by Unloan; and/or
• remove any intellectual property ownership or management information appearing in any part of your device or the App and/or associated Unloan services.

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9 Usage and monitoring

In addition to any monitoring rights provided to us under your separate Apple store and Google Play store terms and conditions that you have agreed separately with Apple and/or Google (as applicable), you understand and agree that Unloan may monitor and measure access to and use of the App and Services by you for the purpose of ensuring:

• compliance with these Terms and Conditions; and
• technical efficiency or security of the App and Unloan Services.

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10 Warranties

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10.1 General

To the extent permitted by law, Unloan does not warrant that the App or Unloan Services will meet any particular customer requirements or that their operation will be entirely error-free or that all defects are capable of correction or improvement.

Subject to any implied term, condition or warranty imposed by the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) as amended and/or under similar state legislation, all other warranties including any implied warranties of merchantability, satisfactory quality or fitness for purpose or ability to achieve a particular result are hereby excluded.

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10.2 Unloan Services

Unloan Services come with Consumer Guarantees that cannot be excluded under Australian Consumer Law. For major failures with the Unloan Services, you are entitled to cancel the Unloan Services (and delete the Unloan App). Under Australian Consumer Law, you are also entitled to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

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10.3 Confidential and up-to-date information

Subject to our requirements by law, and any other terms and conditions you agree with us, we take all reasonable steps to ensure that the information available through the App is correct and updated regularly. Please refer to our Privacy Policy for how we will protect your account information.

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11 Intellectual Property

You agree that you:

• do not have any right, title or interest in or to any proprietary rights relating to the information contained in the App excluding any proprietary information you provide to us in the App, which is subject to the licence terms set out in clause 13 (Licence); and
• will not reproduce information obtained by using the App, except where such reproduction is for your own personal non-commercial use in accordance with these Terms and Conditions.

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12 Limitations

Nothing in these terms

a. excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law (defined in clause 10.1 above) which contains Consumer Guarantees that protect the purchasers of goods and services in certain circumstances; and

b. restricts your right to terminate under clause 17 (Suspension or Termination).

Subject to the implied or imposed matters set out in the paragraph above (including applicable Consumer Guarantees), to the maximum extent permitted by law, and except to the extent you may have claims under our home loan terms and conditions:

• our liability to you for any claims under or relating to these App Terms and Conditions or arising in connection with your use of the App (including where the App is unavailable), whether in contract, tort (including negligence) or on any other basis, is limited to the supply of the Unloan Services again; and
• Unloan will not be liable under these Terms of Use for any indirect, special or consequential losses (including loss of profits, actual or anticipated revenue by you).

Unloan will not be responsible, liable or held to be in breach of these Terms and Conditions for any failure to perform its obligations under these Terms and Conditions or otherwise, to the extent such failure is attributable to:

• you failing to comply with your obligations under these Terms and Conditions (including your compliance with any law);
• negligence, errors, fraud or other misconduct by you; and/or
• any event or matter beyond our reasonable control.

You understand that the Unloan service depends on access to the internet to operate. Where internet activity is lost or limited, the Unloan Services may be downgraded or rendered unavailable.

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13 Licence

Subject to these Terms and Conditions, while you are a registered user of the App, Unloan grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use for the sole purpose of accessing and receiving the Services.

Any use of the App (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of the App is prohibited.

To the extent that you have any proprietary rights in the data captured in connection with your use of the Unloan Services, you grant to Unloan a non-exclusive, worldwide, royalty free licence to:

• collect, host, copy, transmit, display and store; and
• disclose and provide access to,

such data as necessary for Unloan to provide the Unloan Services in accordance with these Terms and Conditions.

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14 Making a complaint

If there’s something we can improve, or you're not satisfied with our products, services, people, or complaint handling process, it's important we hear about it so we can make things right.

We will take your complaint seriously, work with you to address your complaint, and try to find a solution that's fair and reasonable.

You can make a complaint by emailing us at [email protected] or calling us on 1300 630 000 to request a callback.

What happens when you make a complaint? ‍

• We’ll acknowledge your complaint
• We’ll assess the information and work with you to find a fair outcome

If you're unhappy with the resolution you can lodge a dispute with the Australian Financial Complaints Authority, an external dispute resolution body. AFCA provides a fair and independent complaint resolution service which is free for customers to access:

Website: www.afca.org.au
Email: [email protected]
Phone: 1800 931 678 (free call)
Postal address:
Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001

Office of the Australian Information Commissioner

You can also contact The Office of the Australian Information Commissioner if your complaint is about your privacy:

Website: www.oaic.gov.au
Phone: 1300 363 992
Postal Address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001

The App is not provided by Apple, Google or any other third party distributor. Accordingly, any queries or complaints regarding the App (including but not limited to issues relating to intellectual property) should be directed to us. This condition applies for the benefit of Apple, Google and any other third party distributor.

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15 Your information

Unloan collects and stores information when you download, install and use the App, and register for and login to use the App and the products and services accessed via the App.  Details of how we collect, use and store your information is further described in our Privacy Policy.

You must give us accurate and complete information. Otherwise, you may be breaking the law and we may not be able to provide you with the products and services you require. If you change your personal details (for example, name or email address), you must tell us straight away.

Our collection and use of your personal information is governed by our Privacy Policy, which can be viewed by clicking here.

Our policy includes information about:

• The ways we may collect, use or exchange your information;
• How you may access and seek correction of the information; and
• How to make a complaint about a breach of your privacy rights, and our complaint handling procedures.

Your use of the App will be taken to be an acknowledgement of the terms contained in that Privacy Policy and acknowledgement of the collection, use and disclose of your information in the manner set out in these Terms and Conditions and in the Privacy Policy. Our Privacy Policy should be read in conjunction with the privacy disclosures we give you when you use this App, or apply for or use an Unloan product or service.

For privacy related enquiries, please contact us using the contact details set out in our Privacy Policy.

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16 Linking other bank accounts

About Consumer Data Right (CDR)

The Consumer Data Right (CDR) was introduced by the Federal Government to provide customers with rights to access specified data that relates to them (CDR data) held by an organisation (data holder).  It also allows customers to authorise the sharing of their CDR data (a) to organisations accredited by the ACCC under the Consumer Data Right (called accredited data recipients),and (b) to third party service providers collecting CDR data from, or on behalf of, an accredited data recipient.

For the banking sector, CDR data sharing is often referred to as Open Banking. Unloan is both a data holder and an accredited data recipient under the CDR. Where Unloan holds your CDR data, you can ask us to share that data with other accredited data recipients . Where a third party holds your CDR data (external CDR data),you can consent for us to collect your external CDR data from the third party so we can provide you with a product, service or feature. Refer to Unloan CDR Policy for more information, including how we handle your CDR data.

16.1   About other bank accounts

If you consent to Unloan collecting your external CDR, Unloan may collect, hold and use your CDR data to give you a better view of your financial position by allowing you to see your linked bank or financial institution accounts in the Unloan App. We may ask for you to share some of your external CDR data, including account balances, transactions and features of products you have with other banks.

Over time, we may introduce more services or features that use data from other organisations. If we do so, we will update our CDR Policy with any relevant information.

16.2   Our CDR Policy

For more information on CDR, including how we manage your CDR data, please refer to Unloan’s CDR Policy at https://www.unloan.com.au/important-information/consumer-data-right-policy.

16.3  CDR and joint account holders

‍For joint account holders, our CDR Policy includes information about the circumstances in which you or any of your other account holders are able to share CDR data from your joint account with accredited data recipients and others under the CDR, without each other’s further approval.

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17 Other things you should know

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17.1 Accessing the Unloan App from more than one device.

For security reasons, Unloan may limit the number of devices you can use to install and register to the Unloan App.   This limitation may include limiting the number devices you can use the Unloan App on concurrently. If you add a new device, you will need to comply with certain security verifications as part of your registration of that device, and these security verifications will be made available to you through the App.  

If you seek to de-register the App from a device, you should delete the App where possible and notify us through [email protected].

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17.2 Check the details you enter carefully

If you have a home loan with us and use the App for Redraw Transactions, please take care to enter the correct recipient or payee details or your payment may be unsuccessful and/or you may not be able to recover a payment made to an incorrect recipient. We do not check that the details you provide are correct.  Please see your home loan terms and conditions for more details.

You cannot delete or cancel an Unloan App payment transaction once it has been made. Please see your home loan terms and conditions for further details regarding transactions.

You are responsible for entering the correct recipient details when sharing information in the App via email, SMS or any other 3rd party app installed on your device.

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17.3 Fees

There are currently no fees charged by us for using the Unloan App.

You may incur charges from your mobile service provider for downloading (if applicable) and using the Unloan App, including using the internet or making phone calls to us from within the Unloan App.

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17.4 Using your location data

If you grant the Unloan App permission to use your device's location information, we will log this location information for security purposes and to enable other Unloan App functionality where location information is required.

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17.5 Suspension or termination

Despite any right contained in these Terms and Conditions, in the event that you appear to be a Proscribed Person, we may immediately refuse to process or complete any transaction or dealing of yours, and suspend or terminate the provision the Unloan App to you. In addition, we can suspend or terminate access to the Unloan App or not process a transaction as described in our home loan terms and conditions if:

• we reasonably think you are using the Unloan App in connection with unlawful means including fraudulently or in a way that might cause you or us to lose money;
• we consider doing so is reasonably necessary, including to comply with laws in Australia or overseas, or to manage regulatory risk;
• we detect or suspect unusual activity which may be the result of malware or a virus, ID takeover or phishing, in which case we reserve the right to withhold access to the App where we continue to detect malware or a virus, or you refuse to follow our recommendations provided to you to assist with the removal of malware and/or viruses from your computer or device;
• we consider to do so is reasonably necessary to manage our compliance with international laws and our regulatory risks; and/or  
• you are accessing the App within sanctioned countries (a list of the sanctioned countries can be found at commbank.com.au.)

In each of the circumstances above, we may, for security or legitimate business purposes (including where required by law), suspend or terminate without notice where reasonably required.    

We may also suspend or terminate the provision of the Unloan App where we reasonably believe to do so protects our legitimate business interests or where we believe you are in breach of any Terms and Conditions under this App.  

When we do this, we will:

• provide you with as much prior notice as is reasonable in the circumstances; and  
• act fairly and reasonably towards you in a consistent and ethical manner.  

In doing so we will also consider your conduct, our conduct and the products and/or services that are being used.

If you seek to terminate use of the Unloan App

To terminate use of the Unloan App you may:

• stop using and uninstall the Unloan App where applicable; and/or
• if using the web App, stop using the web App.

If you have a home loan with us and choose not to continue using the Unloan App, your loan will continue. You can contact us at as set out in clause 17.20 of these terms and conditions (Contact) to discuss with us alternative means of providing services and functionality related to your loan, including statements and notices, and access to redraw if applicable. 

Even if you don’t terminate your use of the Unloan App, if you do not want to receive your home loan statements and notices electronically, you can switch to paper correspondence by contacting us at [email protected].

If you terminate or suspend use of the Unloan App, these Terms and Conditions will remain in effect to the extent such Terms and Conditions are intended to survive, and we both will remain bound by them to the extent applicable.

If we terminate or suspend access to the Unloan App:

• these Terms and Conditions will remain in effect to the extent such Terms and Conditions are intended to survive, and we both will remain bound by them to the extent applicable, except that your right to access or use the App will terminate or be suspended; and
• if you have a home loan with us, please contact us as set out in clause 17.20 of these terms and conditions (Contact), so that we can discuss with you alternative means of providing services and functionality related to your loan, including statements and notices, and access to redraw if applicable to your loan.

You acknowledge that your personal settings and other saved data may be lost on termination or withdrawal of access to the App or any of its features, and that we are not responsible for any such loss where we have acted in accordance with these Terms and Conditions.

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17.6 Availability and Functionality

We may change or update the App at any time, including to add functionality or for security purposes. We will provide notice of any change which we reasonably believe will detrimentally impact your use of the App in a material way, and you will always have the right to terminate or suspend your use of the App as set out in clause 17.5 (Suspension or Termination). We’ll also keep you informed of new modifications or any services we intend to replace or discontinue. In the case of new modifications or replaced or discontinued services, you may need to download and install a new version of the App in order to keep using it.

If you become aware of any problems with the functionality, availability or security of the data or the App, please contact us at [email protected].

17.7 Changes to these Terms and Conditions

We may change these Unloan App Terms and Conditions at any time if we deem such a change reasonable and necessary for our legitimate business interests (including for security purposes). We will give you reasonable advance notice as applicable in the circumstances of any material changes (which are changes that are more than mere typos or where certain functionality and/or associated terms and conditions are no longer relevant) in accordance with clause 3 (Communications with you) and clause 17.8 (Notices Generally). Your continued use of the App after any such variation or modification will be taken to be an acceptance of such variation or modification. We may however also require you to confirm your acceptance of changes to continue using the Unloan App.  In all cases, if we make a change that you are not happy with, you may:

• cease using and uninstall the Unloan App where applicable; and/or
• if using the web App, cease using the web App.

If you have a home loan with us and choose not to continue using the Unloan App, your loan will continue.  You can contact us at as set out in clause 17.20 of these terms and conditions (Contact) to discuss with us alternative means of providing services and functionality related to your loan, including statements and notices, and access to redraw if applicable.  

Even if you don’t terminate your use of the Unloan App, if you do not want to receive your home loan statements and notices electronically, you can switch to paper correspondence by contacting us at [email protected].

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17.8 Notices Generally

We may provide notices to you through push notification to your device or by sending you an email or SMS at your last known electronic address.

You should check your emails/text messages/push notifications regularly and update your contact details if they have changed.

Notices given electronically are taken to be received by you when the communication enters the first information system outside Unloan (e.g. the server of your internet or telecommunications service provider or the host of your email address).

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17.9 Product information

You may be able to access information about our products and services via the Unloan App.  You acknowledge that it is your responsibility to assess the appropriateness of any product or service in light of your personal objectives, financial situation or needs, and, if necessary, seek appropriate professional advice.  The provision of product information is not and should not be seen as the provision of general or personal financial advice.

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17.10 Acknowledgement and compliance

The Unloan App is not provided by Apple, Google or any other third party provider. Accordingly, any queries or complaints regarding the App (including but not limited to issues regarding intellectual property) should be directed to us.

The foregoing applies for the benefit of these third party providers. You also acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and agree that you are not in a location that is subject to a government embargo.

Apple, the Apple logo, Apple Pay, Apple Watch, MacBook Pro, iPad and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.

Google, Google Play and the Google and Google Play logos are trademarks of Google registered in the U.S. and other countries.

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17.11 Messages from our staff

You may be given the opportunity to have a query resolved by our staff through an in-App chat function. Our staff may respond to your query via a message. It is your responsibility to review any response messages from our staff, which will provided through in-App function.

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17.12 Collecting device and network information

You acknowledge and agree that we will collect information about your device and network connectivity for security purposes, including:

• Device characteristics and unique identifiers;
• Cellular and WiFi network names and encryption levels; and
• IP addresses.

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17.13 Software licences

We use software from various vendors to provide this App. Where we are required to display the relating licence terms and conditions, you can find these terms and conditions in the Unloan App.

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17.14 Security and compatibility - Android

This section applies to Android devices only, and only if the App is available for download to Android devices.

To assist with the security and compatibility of the Android environment in which the Unloan App runs on your device, certain information relating to your device may be shared with Google for analysis via Google’s Safety Net Attestation API, for example, device and Application data and the results of integrity checks.  You agree to comply with the Google APIs Terms of Service and SafetyNet Attestation API which you can access on Google’s website.

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17.15 Severability

If any provision or part of any provision of these Terms and Conditions is deemed invalid, this will not affect the validity of the remaining provisions or part the remaining part of the affected provision of these Terms and Conditions, which will remain in full force and effect.

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17.16 Waiver

A failure by Unloan to assert any right under these Terms and Conditions will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.

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17.17 Assignment

Unloan can assign or otherwise transfer any of its rights under these Terms and Conditions at any time if we provide you with reasonable notice. If you do not agree to our assignment, you can terminate use the App in accordance with clause 17.5.

You are deemed to have accepted the assignment if you continue to use the App after 30 days following our notice to you.

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17.18 Security and compatibility - Android Devices

This paragraph applies to Android devices only if the App is available for download to Android devices.  To assist with the security and compatibility of the Android environment in which this App runs on your device, certain information relating to your device may be shared with Google for analysis via Google’s Safety Net Attestation API, for example, device and Application data and the results of integrity checks.  In addition to your agreement to comply with the Google Play Terms of Service, by using this App, you agree with the Google APIs Terms of Service and SafetyNet Attestation API, which you can access on Google’s website.

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17.19 Links

Any links to third party sites appearing in the App are provided for your convenience only. Your access of third party sites using these links is done at your own risk.

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17.20 Contact

If you have any questions or comments relating to the App or these Terms and Conditions or otherwise need to contact us, please do not hesitate to contact us by raising a request for support in the App or by emailing us at [email protected] or on 1300 630 000.

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18 Meaning of words

"Consumer Data Right” or “CDR” has the meaning provided in the first paragraph of clause 16 of these Terms and Conditions (Linking other Bank Accounts)

"Consumer Guarantees" means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

"Business Day" means a day on which banks are open for general banking in Sydney, not being a Saturday, Sunday or public holiday.

"compatible Apple devices or Android devices" means either iphones that meet the requirements listed in the Apple App Store, or Android devices that meet the requirements listed on Google Play (as appropriate).

“Redraw Transaction” means a funds transfer using available redraw funds on your home loan with us which is initiated by the giving of an instruction through the Unloan App.

“method of obtaining secure code” is the email account and mobile phone number you have registered with Unloan to which you will receive secure codes.

“Proscribed person” is a person who Appears to us to:

• be a proscribed person or entity under the Charter of the United Nations Act 1945 (Cth);
• be in breach of the laws of any jurisdiction relating to money laundering or counter-terrorism;
• appear in a list of persons with whom dealings are proscribed by the government or a regulatory authority of any jurisdiction; or
• act on behalf, or for the benefit of, a person referred to above.

“Unloan Services" or "Services” means the services we (or our sub-contractors) provide to you via the App, which consist of providing information about Unloan products, providing the ability to apply for and manage Unloan home products and related App support.

"the Unloan App" or “App” means the Unloan App service described in section 1.

"you" or "your" means the person using the Unloan App.

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