Terms and Conditions
I. Introduction
Welcome to DeFinance (www.definance.com.au). By using this website or engaging our debt solution or insurance claim assistance services, you (“Client” or “you”) agree to the following Terms and Conditions. These terms outline the rights and obligations of you and DeFinance Pty Ltd (“DeFinance,” “we,” “us,” or “the Company”) in connection with our debt management, insurance claim assistance, and other financial assistance services. Our services are offered in Australia and are subject to Australian laws and regulations. Please read these Terms and Conditions carefully before using our site or services. If you do not agree with any part of these terms, you should refrain from using our services.
II. Definitions
1. Services: Refers to the solutions and assistance provided by DeFinance, including but not limited to debt negotiation, financial hardship support, budget planning, creditor liaison, and insurance claim assistance (as described below).
2. Client: The individual receiving our Services.
3. Creditors (or Lenders): People or entities to whom you owe money (e.g. banks, credit card issuers, finance companies).
4. Insurance Providers (Insurers): Insurance companies or underwriters responsible for handling or paying claims under your insurance policies.
III. Scope of Services
DeFinance offers professional assistance to individuals seeking to manage or resolve personal debts, and to those needing help with insurance claims. Our scope of services includes:
1. Debt Negotiation: Engaging with your creditors and/or lenders on your behalf to negotiate reduced repayment amounts, extended payment terms, full and final settlements, or other arrangements aimed at making your debts more manageable. We leverage our experience to seek the best possible terms for debt resolution, but final acceptance of any proposal lies with your creditors or lenders.
2. Financial Hardship Support: Helping you assess and communicate your financial hardship to creditors and/or lenders. This may involve preparing financial statements or hardship applications and requesting relief measures (such as reduced payments or moratoriums) in line with Australian credit regulations and hardship guidelines. Our team will liaise with your creditors and/or lenders to obtain temporary assistance or payment deferrals where possible.
3. Budget Planning: Working with you to review your income, expenses, and debts, and to formulate a realistic household budget or payment plan. We provide general financial guidance to improve cash flow management, enabling you to meet essential living expenses while addressing debt obligations. (Note: This service is educational in nature and does not constitute licensed financial planning advice.)
4. Creditor Liaison: Acting as an intermediary between you and your creditors and/or lenders (including any debt collectors). With your authorization, DeFinance will handle communications with creditors and lenders, send necessary correspondence, and attempt to reduce harassment from collection calls. We will keep you informed of significant developments and relay any settlement offers or creditor/lender communications to you in a timely manner.
5. Debt Default Removal: Assisting you in the removal or correction of debt defaults listed on your credit file. DeFinance engages with creditors, lenders, and credit reporting bodies to dispute inaccurate, unfair, or outdated default listings, aiming to improve the accuracy of your credit information.
6. Credit Score Improvement: Guiding and assisting you with actionable strategies designed to improve your credit score. DeFinance provides tailored advice and practical steps to manage debts responsibly, rectify reporting inaccuracies, and enhance your creditworthiness over time. While we help you implement effective credit improvement strategies, specific outcomes regarding credit scores cannot be guaranteed, as these are ultimately determined by credit reporting agencies.
7. Insurance Claim Assistance: Assisting you with insurance claims by guiding you through the claims process and communicating with your insurance providers on your behalf. This includes helping you lodge claims, managing correspondence and negotiations with insurers, and seeking fair recovery of any payouts due under your policies. If an insurance claim is unfairly denied or underpaid, DeFinance will help you challenge the decision, preparing appeals or complaints as needed, with the aim of overturning unjust outcomes. We advocate for clients across all types of personal insurance claims (health, life, vehicle, home, etc.), leveraging our expertise to ensure your claim receives proper consideration. While we strive to maximize your chances of a successful claim, the final outcome is decided by the insurance provider or relevant authority, and no specific result can be guaranteed.
Please note: DeFinance is not a lender (and does not provide debt consolidation loans) and is not an insurance company or underwriter. Our role is to assist in negotiating and facilitating debt solutions with your existing creditors, and to advocate for your rights in the insurance claims process; we do not issue credit or insurance products ourselves. All Services are provided in accordance with applicable Australian laws and industry standards.
IV. Client Responsibilities and Obligations
For DeFinance to effectively assist you, you (the Client) agree to fulfill the following responsibilities:
1. Provide Accurate Information: You must supply true, accurate, and complete information about your financial situation, including all debts, income, assets, expenses, and (if relevant) insurance policies or claims. You agree to fully disclose your true financial position and promptly update us if your circumstances change (for example, changes in employment, contact details, new debts, or pertinent insurance claim developments).
2. Timely Cooperation: You will respond promptly to DeFinance’s requests for information or documents (e.g. pay slips, bank statements, loan statements, insurance policy details, claim forms) needed to perform the Services. Delays in providing information may hinder our ability to assist you effectively.
3. Authorization to Act: You agree to sign and provide any necessary Authority to Act or consent forms prepared by DeFinance to enable us to contact your creditors, lenders, and insurance providers, access your credit file or relevant claim information, and negotiate or communicate on your behalf. (This includes any specific authorities required under privacy, credit, or insurance laws for us to obtain your credit report or insurance claim records, and to discuss your accounts or claims with creditors, lenders, or insurers.)
4. Communication: You will inform your creditors and/or lenders that you have engaged DeFinance (if requested by us), and direct such creditors, lenders, or any debt collectors to communicate with us where possible. Similarly, if we are assisting with an insurance matter, you agree to inform the relevant insurance provider of our authorization to act on your behalf. You should promptly forward to us any notices, correspondence, or legal documents received from creditors, lenders, or insurance providers so we can assist in responding appropriately.
5. Financial Conduct: Until a debt solution is in place, you remain responsible for managing your obligations. Unless we advise otherwise in writing, you should continue making any minimum payments that are due to your creditors and/or lenders to avoid falling further into arrears. You agree not to incur new credit or additional debt without considering the impact on your existing financial hardship plan. If you are unsure, you will discuss with us before taking on new financial liabilities during the term of our engagement. (Note: For insurance claims, you should continue to comply with any obligations under your insurance policy such as paying premiums and providing truthful information while we assist with your claim.)
6. Fees and Payments: You agree to pay any agreed fees or charges for our Services, as outlined in a separate fee disclosure or contract, in a timely manner. We will disclose all fees up front. Your responsibility is to ensure funds are available for any scheduled fee payments or agreed savings plan contributions (if applicable to a settlement strategy). Failure to pay fees may result in suspension or termination of our services.
7. Client Review and Decisions: You remain in control of the final decision on any settlement, arrangement proposal, or resolution strategy. You agree to carefully review any proposals or agreements negotiated by DeFinance and to promptly confirm whether you accept them. It is your responsibility to seek independent legal or financial advice if you have any uncertainties about a proposed debt solution or insurance claim resolution before acceptance. (For example, you should consider obtaining independent advice before agreeing to any formal debt agreement or signing any settlement related to an insurance dispute.)
By fulfilling the above obligations, you help DeFinance work more effectively to achieve a favorable outcome. Failure to meet these responsibilities may limit our ability to assist you and could result in termination of our engagement (see Termination of Services section below).
V. Legal Disclaimers and Limitation of Liability
1. No Guarantee of Outcome: DeFinance will endeavor to achieve the best possible debt solution or insurance claim result for you; however, we cannot guarantee any specific outcomes. You acknowledge that creditors and/or lenders are not obligated to accept offers or proposals we present, and similarly insurance providers are not obligated to approve or pay claims or settlements we seek on your behalf. Nothing in our agreement or communications will be construed as a promise or warranty that any particular debt reduction, payment plan, claim payment, or other outcome will be achieved. We provide guidance, negotiation, and advocacy based on experience, but the final decision rests with your creditors (or lenders), your insurance providers, or relevant authorities. While we aim to reduce your debt- or claim-related stress, you should be aware that collection activities (e.g. calls, letters, legal action) from creditors might continue unless and until a formal agreement is reached. Likewise, an insurance provider may maintain a denial or delay payment of a claim until all necessary dispute resolution steps are completed. DeFinance is not liable for actions taken by your creditors or lenders (such as continued attempts to collect debt, adding interest or fees, or initiating legal proceedings) or by your insurance providers (such as denying or delaying claim payouts or imposing claim requirements) during the period we are negotiating or advocating on your behalf.
2. No Financial, Legal or Tax Advice: Our Services include debt counseling, claims assistance, and general financial guidance; however, DeFinance is not a law firm, tax advisor, or licensed financial planner. Any information or assistance we provide is of a general nature addressing debt management or insurance claims and does not constitute legal, accounting, or investment advice. You should consult a licensed financial adviser, lawyer, or tax professional for advice on insolvency, bankruptcy, the legal implications of debt agreements, the merits of an insurance claim dispute, or any financial product decisions beyond the scope of our services. We encourage you to obtain independent advice before entering into any formal debt agreement or insurance settlement, or if you have any doubts about the recommended course of action.
3. Limited Liability: To the maximum extent permitted by law, DeFinance (including our directors, employees, and agents) will not be liable for any loss, damage, or inconvenience arising from your use of our Services or website. This includes, without limitation, any indirect or consequential losses, lost profits, or third-party claims. You agree that DeFinance’s total liability, in any case, will be limited to the fees you have paid us for the Service relating to your matter. DeFinance will use all reasonable care and skill in providing Services; however, we do not accept liability for outcomes that are outside of our control, for example, a creditor’s or lender’s refusal to accept a settlement offer, an insurer’s denial of a claim, or any adverse effect on your credit rating as a result of debt negotiations. You specifically acknowledge that DeFinance will not be liable for any losses or damages in the event that a desired debt solution or insurance claim outcome is not achieved.
4. Non-Excludable Rights: Nothing in these Terms and Conditions is intended to exclude or restrict any rights or guarantees you may have under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded. If any provision of this agreement is found to be invalid or unenforceable under law, that provision will be severed and the remainder of the Terms will continue in effect. Our liability is not excluded for any matter for which liability cannot by law be limited or excluded, including any rights you have under consumer protection laws.
5. Indemnity: You agree to indemnify and hold harmless DeFinance and its officers and employees from any claims, liabilities, losses, or expenses (including legal fees on a solicitor-client basis) that arise as a result of: (a) your breach of these Terms, (b) your negligent or wrongful acts or omissions, or (c) false or misleading information provided by you. This indemnity survives termination of our engagement.
VI. Privacy and Confidentiality
Your privacy is very important to us. DeFinance is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs) established under that Act. We collect personal and financial information from you only as needed to perform our Services (for example, details of your debts, insurance policies or claims, income, and expenses) and handle this information in line with our Privacy Policy (available on our website). Key points regarding privacy include:
1. Use of Information: Personal information you provide will be used solely for the purpose of assisting you with debt solutions and/or insurance claim assistance. This may include analyzing your financial situation, formulating proposals to creditors, and contacting creditors, insurance providers, or credit reporting bodies as authorized. We may also collect information about your accounts directly from your creditors or credit bureaus, and information about your insurance claims or policies directly from your insurance providers, with your consent (as given in the Authority to Act form). All information gathered will be handled confidentially.
2. Disclosure to Third Parties: We will only disclose your information to third parties with your consent, or if required or permitted by law. By engaging our services, you authorize DeFinance to disclose relevant information about you to your creditors, credit reporting agencies, insurance providers, and other necessary third parties in furtherance of the services we provide (for example, to negotiate on your behalf with your creditors or insurers, or to obtain your credit file or claim information). We do not sell or rent your personal data to any unrelated third party. In some cases, we may refer you to affiliated service providers (such as financial counselors, insurance specialists, or legal advisors) if additional assistance is needed beyond our scope, but this will be discussed with you and handled with your consent.
3. Data Security: We implement reasonable security measures (administrative, technical, and physical) to protect your personal information from unauthorized access or disclosure. While we strive to safeguard your data, no method of transmission over the internet is completely secure; therefore, we cannot warrant absolute security.
4. Privacy Policy: For further details on how we manage personal information, please review our full Privacy Policy available on our website. This includes information on how you can access or correct your data, and how to lodge a complaint if you believe we have breached our privacy obligations. If you have any privacy inquiries or requests, you may contact us using the contact information provided on our site.
5. Consent: By accepting these Terms, you acknowledge that you have read our Privacy Policy and consent to DeFinance’s collection, use, and disclosure of your personal information as described herein. If we need to use your information for any additional purpose, we will seek your consent where required by law.
Any sensitive personal information (such as details of financial hardship or health information, if relevant to your case) will be treated with special care and only used or disclosed with your express consent or if required by law. DeFinance may be legally compelled to disclose information in certain circumstances (for example, under a court order or specific legislation), but we will only do so in compliance with the law.
VII. Compliance with Australian Law and Dispute Resolution
DeFinance conducts its business in compliance with all applicable Australian laws and regulatory guidelines. We adhere to the rules set by the Australian Securities and Investments Commission (ASIC) for our debt management and financial services, and we maintain the necessary licenses and authorizations to offer our services. In particular, we comply with the National Consumer Credit Protection Act 2009 and related regulations governing debt management. From 1 July 2021, providers of debt management services in Australia have been required to hold an Australian Credit Licence (with a specific debt management authorization) and be members of the Australian Financial Complaints Authority (AFCA). DeFinance confirms that it meets these requirements. We hold all required licenses to provide debt negotiation and credit assistance services and are a member of the Australian Financial Complaints Authority (AFCA), membership number [XXXX]. This means you have recourse to an independent complaints body if you are unhappy with our debt assistance service.
1. Insurance Claims Compliance: Similarly, in providing insurance claim assistance services, DeFinance complies with all relevant laws and regulatory requirements for insurance claims handling. Recent financial sector reforms have classified insurance claims handling and settling as a regulated financial service under the Corporations Act 2001. DeFinance confirms that it meets any licensing or authorization obligations applicable to these services (for example, holding or being an authorized representative under an Australian Financial Services Licence for claims handling, as required). We adhere to ASIC’s standards for insurance claims handling, including the obligation to provide our services efficiently, honestly, and fairly. We also follow applicable consumer protection laws and industry guidelines in managing insurance claims. As with our debt services, we maintain membership with AFCA for our insurance-related services, giving you access to external dispute resolution if you have a complaint about our insurance claim assistance.
2. Internal Complaints: If you have a complaint about our services or these Terms, please contact us first so we can attempt to resolve it. We take complaints seriously and will address any issues promptly in line with ASIC’s internal dispute resolution requirements. You can lodge a complaint by contacting our office via phone or email (see our “Contact Us” page for details). We will acknowledge your complaint and work with you to reach a satisfactory resolution as quickly as possible.
3. AFCA, External Dispute Resolution: If you are not satisfied with our handling of your complaint, or we cannot resolve it within a reasonable time, you may escalate the matter to AFCA. AFCA provides fair and independent financial services complaint resolution, free of charge to consumers. You can contact AFCA at 1800 931 678 or visit www.afca.org.au for more information on making a complaint. (Before AFCA will consider a complaint, generally you must have given us the opportunity to resolve the issue directly.) We abide by AFCA’s determinations as a condition of our membership.
4. Legal Compliance: DeFinance’s services and practices are designed to conform with all relevant laws, including (but not limited to) the ASIC Act, the National Credit Code, the Bankruptcy Act 1966 (if applicable to Part IX debt agreements or personal insolvency matters), the Corporations Act 2001 (as it relates to insurance claims handling services), and other consumer protection laws. We also follow industry best practices and any applicable AFCA guidelines or ASIC regulatory guides in dealing with clients in financial hardship or with insurance disputes. For example, our communications with creditors on your behalf will adhere to the ACCC/ASIC Debt Collection Guidelines to ensure fair and ethical conduct, and our communications with insurers will be professional and in accordance with any relevant industry standards for claims handling.
5. Governing Law and Jurisdiction: These Terms and Conditions are governed by the laws of Australia. In particular, the laws of the Commonwealth of Australia and [insert State/Territory jurisdiction] (depending on your state of residence or our principal place of business) will apply. You agree that any disputes or legal proceedings shall be subject to the non-exclusive jurisdiction of the courts of that State or Territory. By agreeing to these Terms, you submit to the jurisdiction of the applicable Australian courts for the resolution of any disputes arising under this agreement.
6. Compliance with ASIC/AFCA Requirements: DeFinance confirms that, as a condition of our licenses (e.g. our credit licence and any required financial services licence) and our AFCA membership, we maintain robust processes for ethical conduct, responsible recommendations, and transparency in our dealings with you. We will not engage in unconscionable conduct or make false or misleading representations. All advertising and communications aim to be truthful and not deceptive. We keep records of your case and communications as required by law. If regulations or laws change, we may update our processes and these Terms accordingly, and we will notify you of any material changes.
7. Termination of Services
Either party may terminate the engagement for our services (whether debt management or insurance claim assistance) with written notice. You may cancel our services at any time by informing us in writing (subject to any minimal contractual period or termination fee disclosed in your service agreement, if applicable). DeFinance may terminate our engagement with you if you materially breach these Terms (for example, non-payment of agreed fees or providing fraudulent/misleading information) or if we determine we are unable to assist you further (we will give notice and reasons in such case). Upon termination, any fees for services already provided or costs incurred up to the date of termination remain payable. We will cease acting on your behalf once termination takes effect, but your obligations regarding confidentiality and indemnification, as well as our disclaimers of liability, shall survive termination. If our engagement ends and you still require assistance, you are free to seek alternative solutions.
8. Acceptance of Terms
By using the DeFinance website or by signing up for/using our debt solution or insurance claim assistance services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you are entering this agreement on behalf of multiple parties (for example, a couple or joint applicants), you confirm that you are authorized to agree to these Terms on behalf of all individuals involved (note: each person should sign the Authority to Act form separately to grant us permission to act on their behalf). These Terms, together with any separate written agreement or schedule of fees provided to you, constitute the entire agreement between you and DeFinance regarding our services. No oral representations or promises outside of this agreement will bind the parties.
If you have any questions about these Terms and Conditions or need clarification on any point, please contact us before proceeding. We recommend that you retain a copy of these Terms for your records.
Last updated: 05 July 2025.