Terms and conditions
These Terms and Conditions (“Terms”) govern your access to and use of the SMSF Loans Australia website, mobile application, and related services (collectively, “Services”) operated by RMB Finance Pty Ltd (657 868 892, credit licence 539454) (“we”, “us”, or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
Acceptance of Terms By accessing or using our Services, you confirm that you have read, understood, and agreed to these Terms. We may update these Terms from time to time, and continued use after changes constitutes acceptance of the updated Terms.
About Our Services We are a mortgage brokering service specialising in Self-Managed Super Fund (SMSF) loans, including limited recourse borrowing arrangements (LRBAs) for the purchase or refinance of residential or commercial investment properties within SMSFs. Our role is to provide general information and assistance in connecting you with suitable lenders and loan products. We do not provide financial product advice, investment advice, legal advice, tax advice, or accounting advice. Any information on our website or Services is for general informational purposes only and should not be relied upon as personalised recommendations.
You should obtain independent professional advice from a qualified financial adviser, accountant, SMSF specialist, and lawyer before proceeding with any SMSF loan or property investment, as these involve complex regulatory requirements under the Superannuation Industry (Supervision) Act 1993 (SIS Act) and related laws.
Eligibility and SMSF Loan Information SMSF loans are subject to strict rules, including:
The loan must comply with limited recourse borrowing arrangement (LRBA) requirements.
The property must generally be a single acquirable asset held for the sole purpose of providing retirement benefits.
Residential properties typically cannot be acquired from or occupied by SMSF members or related parties (with limited exceptions for commercial properties).
Lenders apply specific criteria such as loan-to-value ratios (typically up to 70-80% for residential, lower for commercial), serviceability based on rental income, contributions, and fund assets, interest rates (often higher than standard mortgages), and minimum fund asset or balance requirements.
We do not guarantee loan approval, specific interest rates, terms, or outcomes. Approval depends on the lender’s credit assessment, your SMSF’s circumstances, and compliance with all laws. All applications are subject to the lender’s terms, conditions, fees, charges, and eligibility criteria.
Account Registration and Security (if applicable) Certain features may require you to create an account. You must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately of any unauthorised access or security breach.
Use of the Services You agree to use our Services only for lawful purposes and in compliance with all applicable Australian laws. You must not:
Use the Services to engage in fraud, illegal activities, or transmit harmful code.
Attempt to gain unauthorised access to our systems or interfere with their operation.
Reproduce, modify, or distribute our content without permission.
Submit false or misleading information in any loan enquiry or application.
Credit Assistance and Referrals We may provide credit assistance by helping you apply for loans from third-party lenders. We act as an intermediary and may receive commissions or fees from lenders if a loan settles. We will disclose any conflicts of interest or remuneration as required by law. We do not guarantee the best rate or product for your circumstances.
No Advice or Guarantees All content, calculators, guides, or comparisons on our Services are general in nature. They do not take into account your personal objectives, financial situation, or needs. You should consider whether any information is appropriate for you and seek professional advice. We make no representations or warranties about the accuracy, completeness, or suitability of any information, including loan products, rates, or SMSF compliance details.
Third-Party Services and Lenders Our Services may link to or integrate with third-party websites, lenders, tools, or calculators. We are not responsible for the content, accuracy, privacy practices, or terms of those third parties. Your interactions with them are governed by their own terms and policies.
Intellectual Property All content on our Services, including text, images, logos, and tools, is owned by us or our licensors and protected by copyright and other intellectual property laws. You may view and use the content for personal, non-commercial reference only. You must not copy, reproduce, or commercially exploit it without our prior written consent.
Privacy Your privacy is important to us. Our collection, use, and disclosure of your personal information (including sensitive information related to your finances or SMSF) is governed by our Privacy Policy [link to policy] and the Privacy Act 1988 (Cth). By using our Services, you consent to us collecting, using, and disclosing your information as described, including sharing it with lenders, your accountant, or other professionals as necessary to assist with your enquiry.
Limitation of Liability and Disclaimers To the maximum extent permitted by law:
We provide the Services on an “as is” and “as available” basis without warranties of any kind.
We are not liable for any loss or damage (including indirect, consequential, or special loss) arising from your use of the Services, reliance on any information, or interactions with third-party lenders.
We are not responsible for any SMSF compliance issues, tax consequences, or investment outcomes resulting from a loan arranged through us.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right you may have under the Australian Consumer Law or other applicable laws that cannot be excluded.
Indemnity You agree to indemnify us against any claims, losses, or expenses arising from your breach of these Terms, misuse of the Services, or provision of inaccurate information.
Termination We may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms or if we reasonably believe your actions may harm us, other users, or our reputation. Upon termination, your right to use the Services ceases immediately.
Changes to Terms We may modify these Terms at any time. We will notify you of material changes via the website, email, or other means. Your continued use after the changes take effect constitutes acceptance.
Governing Law These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Victoria.
Contact Us If you have any questions about these Terms, please contact us at: info@smsfloansaustralia.com.au