Legal

Terms and Conditions

Last updated: June 2025

These Terms and Conditions apply to credit assistance services provided by JCF Capital Pty Ltd trading as Settled Funding Group (Credit Representative Number 496121 of YBR Aggregation Pty Ltd Australian Credit Licence 390261) (“Settled Funding Group”, “we”, “us”, “our”). By engaging our services or submitting an application, you agree to these Terms and Conditions. Please read them carefully and seek independent professional advice if anything is unclear.

1. NATURE OF OUR SERVICES

Settled Funding Group acts as a credit representative and mortgage broker. We do not lend money directly. We arrange credit on your behalf by assessing your needs and submitting applications to lenders on our panel. Any credit approved is subject to the relevant lender’s terms and conditions, not ours.

Our services constitute credit assistance only. We do not provide financial advice, investment advice, or taxation advice. If you require such advice, you should consult a licensed financial adviser or tax professional.

2. CREDIT AUTHORISATION

Settled Funding Group is authorised under Credit Representative Number 496121 of YBR Aggregation Pty Ltd (Australian Credit Licence 390261) to engage in credit activities in relation to home loans, personal loans, business loans, and SMSF loans. Our activities are regulated by the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and the National Credit Code.

3. CREDIT GUIDE

Before providing credit assistance, we will provide you with a Credit Guide setting out:

  • our identity and contact details;
  • our credit licence authorisation details;
  • how we are remunerated (including commissions we may receive from lenders);
  • your rights in relation to the credit assistance we provide; and
  • our internal and external dispute resolution procedures.

We will also provide you with a Credit Proposal Disclosure Document before submitting a loan application on your behalf, setting out details of the proposed credit contract and any commissions payable in connection with that application.

4. RESPONSIBLE LENDING AND BEST INTERESTS DUTY

We are required by law to make reasonable enquiries about your financial situation, requirements, and objectives before recommending a credit product. We must not suggest or assist you to apply for a credit contract that is “unsuitable” for you under the NCCP Act. For home loans regulated by the NCCP Act, we also owe you a best interests duty — we must act in your best interests and, where there is a conflict between your interests and ours, prioritise your interests.

5. LOAN APPLICATIONS AND ELIGIBILITY

All applications for credit are subject to the relevant credit provider’s credit assessment, lending policy, and loan eligibility criteria. Submission of an application does not guarantee approval. Terms, conditions, fees, and charges apply to any approved loan and are set by the credit provider, not by Settled Funding Group.

You must provide us with accurate, complete, and up-to-date information in connection with your application. Providing false or misleading information is a serious offence and may result in your application being declined, your loan being called in, or referral to authorities.

You declare that any credit to be provided is to be applied wholly or predominantly for business or investment purposes (or both), where applicable. If you are applying for a regulated consumer credit contract, please advise us.

6. FEES AND COSTS

We may receive commission payments from lenders in connection with loans we arrange. Details of any commission payable will be disclosed in our Credit Guide and Credit Proposal Disclosure Document. You acknowledge that commission arrangements do not increase the cost of your loan — lender commissions are paid by the lender, not by you.

Where you authorise us to instruct third parties (such as solicitors, valuers, or other experts) on your behalf, you agree to pay any costs we advise you will be incurred, regardless of whether your application is approved or your loan proceeds to settlement.

7. INTEREST RATES AND COMPARISON RATES

*Interest rates quoted are indicative only. Your actual rate may differ and is determined by the relevant lender based on factors including your credit history, loan-to-value ratio, loan amount, purpose, and the information you provide. Rates, repayments, and fees are estimates and are subject to change at any time. We will confirm your interest rate upon submission of your application to the lender.

WARNING: Comparison rates are calculated on a secured loan of $150,000 over 25 years unless otherwise specified. This comparison rate applies only to the example or examples given. Different amounts and terms will result in different comparison rates. Costs such as redraw fees or early repayment fees, and cost savings such as fee waivers, are not included in the comparison rate but may influence the cost of the loan. Eligibility criteria, terms and conditions apply.

8. PRIVACY AND CREDIT INFORMATION

The Privacy Act 1988 (Cth) regulates the collection, use, and disclosure of personal and credit information. By engaging our services, you acknowledge and agree that:

  • we may collect personal information and credit information about you for the purposes set out in our Privacy Policy;
  • we may obtain credit reporting information from credit reporting bodies and provide that information to lenders for the purpose of assessing your application;
  • we may disclose your information to lenders, aggregators, valuers, mortgage managers, and other parties involved in processing your application;
  • we may exchange information about your credit worthiness with credit providers and credit reporting bodies to the extent permitted by law;
  • we may disclose your credit eligibility information and credit reporting information to proposed or actual guarantors where required; and
  • your information will be handled in accordance with our Privacy Policy, which is available on our website.

If you are an individual, you consent to us seeking and using your credit eligibility information for the purpose of assessing your application and managing any resulting loan relationship. You may withdraw this consent by contacting us, but doing so may prevent us from providing our services.

9. YOUR OBLIGATIONS

You agree to:

  • provide complete, accurate, and truthful information in connection with your application;
  • promptly inform us of any material change to your financial circumstances before your loan settles;
  • not provide information in your application for a period of 14 days from the date of application without our agreement;
  • authorise your solicitor or conveyancer to accept notifications on your behalf in relation to your application; and
  • declare that you are over the age of 18 and have not been bankrupt or entered into formal arrangements with creditors under bankruptcy legislation (unless otherwise disclosed to us).

10. NO GUARANTEE OF OUTCOME

We do not guarantee that any application we submit on your behalf will be approved by a lender. Approval is at the sole discretion of the relevant credit provider. We are not liable for any loss suffered as a result of a lender declining your application.

11. LIMITATION OF LIABILITY

To the extent permitted by law (including the Australian Consumer Law), our liability to you is limited to the direct cost of the service we failed to provide correctly. We exclude liability for any indirect, consequential, or economic loss arising from your use of our services or from any lender’s decision in respect of your application. Nothing in these Terms and Conditions limits or excludes any non-excludable consumer guarantee under the Australian Consumer Law.

12. DIRECT MARKETING

You authorise us to use the personal information contained in your application to keep you informed of other products and services that may be of interest to you. You may opt out at any time by contacting us on 0404 122 353 or by emailing info@settledfunding.com.au.

13. GOVERNING LAW

These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these terms.

14. COMPLAINTS AND DISPUTE RESOLUTION

If you are dissatisfied with our services, please contact us in the first instance:

We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days. If you remain unsatisfied, you may escalate to the Australian Financial Complaints Authority (AFCA), our external dispute resolution provider:

  • Website: www.afca.org.au
  • Phone: 1800 931 678
  • Mail: GPO Box 3, Melbourne VIC 3001

AFCA is a free service for consumers and small businesses. Use of AFCA does not affect your right to take legal action.

CONTACT

JCF Capital Pty Ltd T/A Settled Funding Group
Credit Representative Number: 496121
Authorised under: YBR Aggregation Pty Ltd ACL 390261
Email: info@settledfunding.com.au
Phone: 0404 122 353