Terms & Conditions
Changes to these Terms
Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Please see the beginning of the Terms to determine when the Terms were last revised.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks (whether registered or not), logos, sounds, artwork of any kind, and computer code (collectively, "Content"), including but not limited to the design, structure, coordination, selection, appearance, and arrangement of the Content, contained on the Site is owned by Waddle and is protected by trade dress, copyright, trademark, and other property laws and unfair competition laws. Any misuse of the Content will be at your peril and Waddle will do all that is lawful to enforce and protect the Content.
- Defined terms
- Use of Site and Service
- Proprietary Rights
- User Information
- Links to Third-Party Websites/Dealings with Advertisers and Sponsors
- Disclaimer of Warranty
- Limitation of Liability
- Communication and Privacy
- Term and Termination
- Specific Terms Controlling Other Services and Products
- General Provisions
- Third Party Software Products
- Customer Data
- Business Purpose Declaration
1. Defined Terms.
As used in these Terms, the following words shall have the following meanings. "Waddle" includes "Waddler", "Waddle Team", "Waddle Support", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the Waddle service.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following: a. Exclusive Use. Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Waddle is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords. b. Information Submitted. You are solely responsible for, and assume all liability regarding (i) the information and content you provide through your use of the Site and any Services, (ii) the information and content you make available in any manner through the service, and (iii) your interaction with any and all third-parties. c. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any lenders to which you are matched, referred or provided. d. No Guarantees. Waddle may not be able to provide commercial finance facilities for every Registered User seeking to use its services. Further, Waddle makes no guarantees as to the number amount of funding or the ability to obtain business funding. e. No False Information. You agree to provide accurate, true, current and complete information. f. Legal Purpose. You agree to not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws. g. Business Purpose. You agree to only use the Site or Services for a bona fide business purpose. You agree not to use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Waddle is the owner of all rights in and to the Site and Services. Federal, state, and local laws and regulations protect these proprietary rights. You are permitted to use the Site and Services only as expressly authorized by these Terms. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology. b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights. c. License to Provided Content. By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Waddle and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
4. User Information
Waddle offers commercial finance facilities. As explained above, Waddle more specifically provides proprietary revolving line of credit facilities for commercial clients. As part of the Services, we request and you provide various items of information to be used in order to provide the best credit facility possible.
6. Links to Third-Party Websites and Dealings with Advertisers and Sponsors
7. Disclaimer of Warranty
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WADDLE PROVIDES THE SERVICES ON AN âAS ISâ AND âAS AVAILABLEâ BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WADDLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WADDLE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by Waddle, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WADDLE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WADDLE. UNDER NO CIRCUMSTANCES WILL WADDLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONEâS RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS. c. Beta Features. From time to time, Waddle may offer new "beta" features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Waddle's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
8. Limitation of Liability
a. Incidental Damages and Aggregate Liability. IN NO EVENT WILL WADDLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WADDLE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL WADDLEâS AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID WADDLE FOR THE USE OF ANY SERVICES, THE AMOUNT OF AUD$25.00 OR ITS EQUIVALENT. b. No Liability for non-Waddle Actions. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WADDLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES. c. Information Verification. Waddle and its contractors may use various methods of verifying information that users have provided. However, none of those ways are perfect, and you agree that Waddle and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Waddle, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of these Terms or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. Waddle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waddle in asserting any available defenses.
10. Communication and Privacy
11. Term and Termination
This agreement will become effective upon your acceptance of the Terms by your use of the Site or Services by visiting this website and will remain in effect in perpetuity unless terminated hereunder. Waddle may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. Waddle reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Terms, you agree that all fees then paid to Waddle by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under âCancellationsâ below.
12. Specific Terms Controlling Other Services and Products
Waddle provides other services and products besides the Services. Additional terms for such other services and/or products will be presented to you prior to your acceptance of such terms and prior to your use of the services and/or products.
13. General Provisions
14. Third Party Software products
14.2. Authorization. If Customer chooses to connect or interact with a Third Party Software Product then Customer: (i) hereby grants us authorization to access Customer's Third Party Software Product Account in accordance with the rules for doing so prescribed by the Third Party Software Product provider; and (ii) agrees to cooperate with us and provide any information that we or the Third Party Software Product provider may request in order to enable us to access Customer's Third Party Software Product Account. We will only access and use Customer's Third Party Software Product in order to: (i) perform Background Checks below, for more information about this); and (ii) provide the Service to Customer.
14.3. Data. If Customer connects or interacts with a Third Party Software Product then we will collect certain data and materials from that Third Party Software Product ("Third Party Software Product Data"). We only collect Third Party Software Product Data that the Third Party Software Product provider enables us to collect by utilizing the Third Party Software Product provider's "connect" tool. If we collect Third Party Software Product Data then we may use it to: (i) perform Background Checks on Customer; and (ii) provide the Service to Customer (collectively, "Data Uses"). Customer hereby provides its express consent for us to collect and use Customer's Third Party Software Product Data for the purpose of performing the Data Uses. Please also see Section 15 (Customer Data), below, which includes additional information about our collection and use of Third Party Software Product Data.
14.4. Waddle Credentials. If we provide Customer with any Waddle credentials, identification or other information to enable Customer to connect with a Third Party Software Product, Customer agrees not to use said information for any purpose except to connect to the Third Party Software Product as part of Customer's participation in the Service.
14.5. Customer acknowledges that any failure to restrict Waddle from enabling a connection or interaction with Customer's Third Party Software Product Account will prevent Customer from being able to apply for and/or use our Service & will constitute a breach in terms and termination of the service if such service has been supplied.
14.6. Commission payments. Customer acknowledges and agrees that by opening an Account, Waddle from time to time may engage in commission payments to Third Party Software Product providers. Full disclosure of these commission payments can be provided by contacting firstname.lastname@example.org.
15. Customer Data
15.1. Customer may choose to provide, transmit, upload, import or make accessible certain data, including without limitation Third Party Software Product Data, to us (collectively, "Data") for us to use in connection with the Service. We will only use Customer's Data to perform Background Checks on the Customer and to provide our Service to the Customer (the Data Uses, as defined above). Customer hereby provides its express consent for us to collect and use Customer's Data for the purpose of performing the Data Uses. Customer retains ownership of its Data.
15.3. Customer represents and warrants that: (i) it owns or has obtained the right to all of the intellectual property rights subsisting in its Data, and has the right to provide Waddle the license granted herein to such Data; (ii) Customer's Data is accurate, current and complete; (iv) Customer's Data is not misleading or false; and (iv) Customer's Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party. Customer shall remain solely responsible and liable for its Data, including without limitation for our reliance upon Customer's Data in order to perform Background Checks and to provide the Service to Customer, and Customer agrees to indemnify and hold us harmless, and expressly release us, from any and all liability arising from the foregoing.
15.4. Customer acknowledges that: (i) the Service does not operate as an archive or file storage service and we do not store all of the Data that Customer may provide, upload, import, or otherwise generate during Customer's use of the Service; (ii) Customer is solely responsible for the backup of its Data; and (iii) Customer will lose access to any Data that Customer deletes.
16. Business Purpose Declaration
I/we declare that the credit to be provided to me/us by the credit provider is to be applied wholly or predominantly for:
(a) business purposes or (b) investment purposes other than investment in residential property
You should only agree to this declaration if this loan/facility is wholly or predominantly for (a) business purposes or (b) investment purposes other than investment in residential property.
By creating a Waddle Account and by using any part of this website to obtain credit you agree to this declaration and may lose your protection under the National Credit Code.
It is recommended that you seek independent legal advice if you unsure of your rights.