Terms and Conditions

These Terms and Conditions (the “Terms”) govern your access to and use of MyDebtDiaries.com and any related quizzes, forms, advertisements, content and online services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

The Service is intended primarily for people located in Australia who are at least 18 years old.

1. About the Service

MyDebtDiaries.com (“MyDebtDiaries”, “we”, “our” or “us”) provides general information and an online referral service. The Service may allow you to submit information about your circumstances so that we can assess whether an independent third-party provider may be able to discuss relevant debt, hardship or financial-service options with you.

2. No Guarantee of Eligibility or Outcome

Submitting a form or completing a questionnaire does not guarantee that you qualify for any product, service, hardship arrangement, debt agreement, loan, refinancing option or other outcome.

Any estimates, examples, eligibility indications, potential savings, repayment figures or timeframes displayed through the Service are general only. Actual outcomes depend on your individual circumstances and the independent provider’s assessment, criteria, fees and terms.

We do not guarantee that:

• a provider will contact you;
• a provider will accept or assist you;
• your debts, repayments, interest or fees will be reduced;
• creditors will agree to any proposed arrangement;
• your credit score or credit report will improve or remain unaffected; or
• a particular service will be appropriate for you.

3. Independent Third-Party Providers

If you submit an enquiry, we may refer or disclose relevant information to one or more independent third-party providers. These providers may include debt-service providers, registered debt agreement administrators, credit or hardship specialists, financial-service providers, financial counsellors, insolvency professionals or other relevant organisations.

Third-party providers are independent from MyDebtDiaries. They are responsible for their own:

• services, advice and recommendations;
• licences, registrations and regulatory obligations;
• eligibility criteria and assessments;
• fees, charges, contracts and disclosures;
• communications and customer service; and
• privacy and information-handling practices.

Any agreement you enter into with a third-party provider is between you and that provider. MyDebtDiaries is not a party to that agreement and is not responsible for the provider’s acts, omissions, advice, services, fees or outcomes.

We may receive a referral, advertising or marketing fee from a provider when we introduce a potential customer or when another agreed event occurs. This does not increase any fee unless the provider clearly tells you otherwise.

4. Your Responsibilities

When using the Service, you agree to:

• provide information that is accurate, current and complete to the best of your knowledge;
• use the Service only for lawful and genuine personal enquiries;
• review all information and documents provided by any third-party provider before making a decision;
• obtain independent professional advice where appropriate; and
• make your own assessment of whether a product or service is suitable for you.

You must not:

• submit false, misleading, fraudulent or unauthorised information;
• impersonate another person or submit another person’s information without authority;
• interfere with the operation or security of the Service;
• attempt to access systems, accounts or data without permission;
• use automated tools to scrape, copy or overload the Service; or
• use the Service in a way that breaches any applicable law or infringes another person’s rights.

5. Consent to Contact

When you submit your contact details and expressly consent through the Service, you authorise MyDebtDiaries and selected third-party providers to contact you about your enquiry or relevant services by telephone, SMS or email, subject to applicable law and the consent wording shown when you submit the form.

You may withdraw marketing consent by using an unsubscribe link, replying “STOP” to an applicable SMS, asking a caller not to contact you again, or emailing info@mydebtdiaries.com. Operational communications reasonably required to process an existing enquiry may still be sent where permitted by law.

6. General Information Only

Content on the Service is provided for general informational and marketing purposes. It does not take into account your objectives, financial situation or needs and should not be relied upon as personalised advice.

Before accepting a financial, debt or insolvency-related service, you should review the provider’s disclosures and consider obtaining independent financial counselling, accounting, tax or legal advice appropriate to your circumstances.

7. Accuracy and Availability

We aim to keep the Service useful and accurate, but information may be incomplete, outdated or subject to change. We do not promise that the Service will always be available, uninterrupted, secure or free from errors, viruses or other harmful components.

We may modify, suspend, restrict or discontinue any part of the Service at any time. We are not responsible for delays or failures caused by events outside our reasonable control, including internet, telecommunications, hosting or third-party platform failures.

8. Intellectual Property

Unless otherwise stated, the Service and its design, text, graphics, branding, forms, software, layout and other content are owned by or licensed to MyDebtDiaries and are protected by applicable intellectual-property laws.

You may access and use the Service for your personal, non-commercial use. You must not reproduce, republish, distribute, modify, sell, license, reverse engineer or commercially exploit any part of the Service without our prior written permission, except where permitted by law.

9. Third-Party Links and Platforms

The Service may contain links to websites, advertisements, tools or services operated by third parties. We do not control or endorse every third-party site and are not responsible for its availability, content, security, terms, representations or privacy practices.

Your use of a third-party website or service is governed by that third party’s terms and policies.

10. Privacy

Our collection, use and disclosure of personal information is described in our Privacy Policy. By using the Service, you acknowledge that your information will be handled in accordance with that policy and any collection notice or consent wording presented to you.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law.

Where a guarantee, right or remedy cannot legally be excluded, these Terms apply only to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, MyDebtDiaries and its owners, officers, employees, contractors and service providers are not liable for any indirect, incidental, special or consequential loss arising from or connected with:

• your access to, use of or inability to use the Service;
• information or content made available through the Service;
• your reliance on an estimate, eligibility indication or general statement;
• the conduct, advice, products, services or omissions of a third-party provider; or
• unauthorised access to, alteration of or loss of information, except to the extent caused by our failure to comply with a non-excludable legal obligation.

Where liability can lawfully be limited, our liability will be limited to the remedies available under applicable law. Nothing in this section excludes liability that cannot legally be excluded.

13. Indemnity

To the extent permitted by law, you agree to indemnify MyDebtDiaries against loss, damage, liability or reasonable costs arising from your unlawful use of the Service, your material breach of these Terms, or information you submit without authority. This clause does not apply to the extent that the loss was caused or contributed to by us.

14. Suspension or Termination

We may restrict, suspend or terminate your access to the Service where we reasonably believe you have breached these Terms, misused the Service, created a security risk or acted unlawfully.

Provisions that by their nature are intended to continue, including intellectual-property, liability, indemnity and governing-law provisions, survive termination.

15. Changes to These Terms

We may update these Terms periodically to reflect changes to the Service, our business practices or applicable law. The updated version will be posted on this page with a revised effective date. Your continued use of the Service after an update means you accept the revised Terms.

16. Governing Law

These Terms are governed by the laws applicable in New South Wales, Australia. Subject to any rights you may have under applicable consumer law, you submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them.

17. General Provisions

If any part of these Terms is found to be invalid or unenforceable, that part will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver of that provision. You may not transfer your rights or obligations under these Terms without our consent. We may assign or transfer our rights and obligations as part of a business reorganisation, sale or transfer, subject to applicable law.

18. Contact Us

For questions about these Terms, contact: