Online Terms
Updated March 2025
1. General terms
Prospa Advance Pty Ltd and Prospa NZ Limited (as applicable), and their subsidiaries and affiliates (“Prospa”) require you to comply with these online terms and conditions (the “Online Terms”) when accessing the Website and online and mobile sites and applications (including the Prospa App, Partner Portal and Prospa Online), services and tools (together with the Website, the “Digital Channels”).
In the Online Terms, “you”, “your”, and “yours” refers to the person using the Digital Channels and “we”, “us” and “our” refers to Prospa.
1.1 Acknowledgment & Acceptance
Please read this document carefully as it sets out the terms under which you access and use the Digital Channels. Each time you use the Digital Channels, your use indicates your acknowledgement and acceptance of these Online Terms.
The terms and conditions applicable to products and services offered by Prospa, or terms of any other agreement between you and Prospa apply in addition to these Online Terms. To the extent there is any inconsistency between these Online Terms and the terms of the product or service or other agreements, the terms of the specific product or service or other agreement will prevail.
These Online Terms irrevocably govern the access and use of the Digital Channels. Any reference to other terms & conditions about the access and use of Digital Channels should be interpreted as a reference to these Terms.
1.2 User obligations
By using the Digital Channels, you agree that you must:
- not provide Prospa with any information that is false, misleading or incomplete, including, without limitation, in relation to your identity, your financial position or trading information or that of your business;
- provide Prospa with your current and complete contact information and ensure that you advise Prospa promptly if any of these details change;
- not use the Digital Channels for any activity that is fraudulent, improper or illegal;
- immediately contact Prospa if you believe that your Account has been compromised or improperly accessed through the Digital Channels, or there have been any fraudulent or improper transactions or a security breach in relation to your Account.
1.3 About the Digital Channels
Digital Channels can be used to access your Account. Account means the unique, personalised access point associated with your email address created for you upon registration with Prospa. Depending on the type of your Account, the Digital Channels may allow you to:
- access specific information in connection to past and current Prospa products including viewing your balance, and performing transactions
- apply for Prospa or affiliate products
- refer leads or submit applications to Prospa, view draft and submitted applications, view commission details and view & access training materials and other important documents
- update your information
- communicate with Prospa, or
- access information about Prospa products and services.
Not all products and services offered by Prospa, or all features of such products and services, are available through the Digital Channels or in each jurisdiction. The Prospa App offers additional functionality tailored to mobile devices.
You must only use the Digital Channels for its intended purpose.
1.4 You need to contact us
If you need to contact us or there’s anything in this document that you’d like to clarify or know more about, simply contact us at:
| Australia | New Zealand |
|---|---|
| In Australia: 1300 882 867 [email protected] Monday – Friday: 7:30am – 7pm (AEST) Level 1 / 4-16 Yurong Street SYDNEY, NSW 2000 |
In New Zealand: 0800 005 797 [email protected] Monday – Friday: 9am – 7pm PO Box 331431, Takapuna, Auckland 0740 |
2. Changes to the Online Terms
We may vary the Online Terms from time to time. We may give you notice of these changes by publishing the new Online Terms on the Prospa website, www.prospa.com or www.prospa.co.nz (in Australia and New Zealand respectively) (the “Website”), making them available through the Digital Channels or by an electronic communication.
We do not have to give you prior notice of a change other than where we make any changes which impose fees and charges for use of the Digital Channels, in which case you will be provided with written notice no less than 20 days prior to such change taking effect. Your continued access and use of the Digital Channels following any such changes will be deemed to signify and confirm your acceptance of any such changes.
3. Jurisdictional limitations
Not all products and services offered by Prospa are available in all geographical locations. You acknowledge and accept that accessing Digital Channels in a geographical location other than your own may result in your receiving information in respect of products and services which are not available in that location and that Prospa is under no obligation to provide you with such products and services.
4. Intellectual Property
The content of the Digital Channels is the exclusive property of Prospa or is used by Prospa under licence from another party. Users of the Digital Channels are prohibited from using any intellectual property, including any trademarks, logos and marks (“Digital Channels IP”) for any purpose without the prior written permission of Prospa or such third party which may own the relevant Digital Channels IP.
All information and content available on or through the Digital Channels (including any software tools or programs) (“Content”) is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for any commercial or public purpose. Prospa reserves the right to change, remove or add to the Content; or to limit access or cease providing Content.
The Digital Channels may contain hyperlinks to third-party sites and materials (“Links”). These Links are provided for information purposes only and Prospa does not thereby endorse or authorise the content of such Links or imply any ownership or control over such Links. You should assess the risks and consider the reliability of the content of such Links before relying upon or retrieving information from such Links.
5. Costs
Subject to any change notified in accordance with section 2, the Digital Channels are provided to, and can be used by, Prospa customers and Partners free of charge however at all times standard fees and charges for using Prospa products and services still apply regardless of how such use is effected. If you are downloading or accessing the Digital Channels (including the Prospa App) through your mobile service provider or through Wi-Fi, you may incur internet data charges from your mobile or internet service provider.
You agree that, by downloading and signing in to the Prospa App or signing in to Prospa Online or Partner Portal, Prospa may send messages to your nominated mobile number. Prospa is not liable for any loss or damage you suffer as a result of any person other than you accessing those messages. You may incur charges from your mobile or internet service provider as a result of such message. Any such charges are your responsibility.
6. Security
6.1 Your security responsibilities
You must, without limiting any other obligation to Prospa, take all reasonable steps to:
- safeguard any information, software and equipment required for your operation of any Digital Channel;
- ensure the integrity and proper operation of your own security procedures and your connection to Prospa;
- keep the Access Methods secure;
- not share or disclose the Access Methods with anyone;
- regularly log into your Account to check for any unusual activity including unauthorised access or transactions;
- immediately report any unusual activity to us; and
- prevent unauthorised access to your Account. This may include (without limitation) ensuring you have adequate anti-virus and device security measures in place.
If your mobile device has been “jailbroken”, the security of your device operating system may have been compromised. This makes you susceptible to third-party applications that may contain malware or the ability for third parties to harvest your information, including information available through applications on your mobile device. Prospa will not be liable for any loss arising from your use of the Digital Channels or any other loss that may arise in connection with the Digital Channels as a result of your device being jailbroken.
We recommend that you keep the operating system and security software for your mobile device updated with any releases issued by the manufacturer of the mobile device or your system provider.
6.2 You must let us know about any security breaches
You must advise us as soon as possible of the loss, theft, misuse of Access Methods or electronic equipment used to access the Digital Channels. You must also report as soon as possible if you believe there has been unauthorised access to your Account.
If you need to contact us outside of our available contact hours, please leave a message or send an email and we will contact you as soon as possible. Our contact details are located at section 1.4 of these Online Terms.
7. Accessing the Digital Channels
Access to the Digital Channel may occasionally be limited or unavailable due to hardware or software failures or defects or other matters outside of Prospa’s control. From time-to-time access to the Digital Channels may also be limited or unavailable due to routine or ad hoc system upgrades or testing. Access to and use of a Digital Channel is offered on an “as is, as available basis” only. You are responsible for ensuring that you have adequate contingency plans to enable you to transact by other means in the event of an interruption or unusual delay in respect of the operation of a Digital Channel. To the extent permitted by law, Prospa will not be liable for any loss or damage incurred as a result of the Digital Channels being unavailable or limited for any reason.
To access your Account via the Prospa App, simply download the Prospa App from the iOS App Store or Google Play Store (as applicable for your mobile device). Follow the prompts in the Prospa App to complete the initial sign in process and you will see your products in the Prospa App. Prospa Online & Partner Portal are browser-based service so all you need is a compatible browser.
For security reasons, you will be automatically signed out of the Digital Channels after 5 minutes of inactivity.
8. Authentication
There are different authentication methods for the Prospa App, Partner Portal and Prospa Online.
If you use the Partner Portal or Prospa Online, access to your Account is authenticated through email and password and a verification code may be sent to your registered mobile number.
If you use the Prospa App, you will be prompted to:
- authenticate your access through email and password for the first time;
- select a passcode; and
- if you would like to, set up biometric information such as the fingerprints or facial data you store on your chosen mobile device for accessing the Prospa App.
If you choose to use biometric information to log into the Prospa App, you should ensure that only your biometric information is stored on the mobile device. Each time the mobile device registers a use of biometric information to authorise any transactions through Prospa App, you instruct us to perform those transactions. If another person’s biometric identifiers are stored on your mobile device, you acknowledge that they will be able to access your Account through the Prospa App.
8.1 It is your responsibility to keep your Access Methods secure
You must ensure your passcode, password and/or biometric identifiers (collectively, Access Methods”) remain secure. As keys to your Account, Access Methods allow anybody using them to conduct operations on your Account. You authorise us to allow any transaction or act on any instructions received on an Account for which the correct Access Methods have been provided.
8.2 Two-factor authentication
SMS code is an additional layer of security to protect your Account. For certain transactions on the Digital Channels, you’ll be sent an SMS code to your mobile number, which you will need to input to complete the transaction.
We don’t charge you a fee for sending a SMS code to your mobile number. However, your mobile phone service provider may impose fees and charges, including fees and charges for sending and receiving SMS messages. The payment of any such fees is the responsibility of the mobile phone account holder. If you have any concerns regarding such fees and charges, please speak to your mobile service provider.
9. No warranty
All Content provided or displayed through the Digital Channels is provided on an “as is” basis. Prospa does not warrant the results that may be obtained from the use of the Digital Channels, or the accuracy, adequacy or reliability of any Content obtained through the Digital Channels, regardless of whether the Content is from Prospa or any other third party, and Prospa expressly disclaims liability for errors or omissions in the content. Notwithstanding any other provision of the Online Terms, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, satisfactory quality, merchantability, fitness for a particular purpose and freedom from computer virus or other invasive or damaging code, is given in conjunction with the Digital Channels.
Balances – Whilst we endeavour to provide you with an accurate balance for your Accounts through the Digital Channels, transactions on your Accounts, howsoever effected, may not be reflected until up to 3 business days after the transaction is processed. Should you require confirmation of receipt of funds or payments made from or to your Account please contact Prospa.
10. No advice
Any information provided in the Digital Channels is general in nature and, unless expressly stated otherwise, does not constitute an offer or invitation for finance or to enter into a legally binding arrangement for any of Prospa’s products or services. All applications for finance through Prospa’s products and services are subject to standard credit approval, fees, terms and conditions.
Prospa does not make any representation that the Digital Channels or its products and services are appropriate or suitable for you or your circumstances. You acknowledge that your use of the Digital Channels and any enquiries or application for any products or services offered by Prospa is not made as a result of any inducement by Prospa and that any information available through the Digital Channels is not to be treated as and does not constitute financial advice.
11. Personal information
Prospa will collect information about your use of the Digital Channels. We will manage this information in accordance with our Privacy Policy. Such information may also be used for the purposes of analytics, research, and improvement of our products and services.
12. Stopping access or use
Prospa may change, suspend or terminate any of the Digital Channels at any time, in its absolute discretion.
Despite any right contained in these Online Terms, we can suspend, block or terminate your access to the Account, any associated features or the Digital Channels without telling you if:
- Prospa suspects fraud or an unauthorised transaction has occurred;
- Prospa reasonably considers that the Account or Digital Channels are being used for a purpose other than its intended purpose or in a manner inconsistent with these Terms or any other agreement between you and Prospa;
- you do not provide us with information we reasonably request;
- your Account is cancelled, blocked or suspended;
- Prospa is required by applicable laws, a court order or a direction of a regulator;
- we think it’s reasonably necessary to do so, for example, to comply with laws or to protect our legitimate business interests; or
- you have not accessed the Account for six months (you may contact us to unlock your access).
The suspension, blockage or termination of your access to the Account or the Digital Channels does not affect the conditions in these Online Terms including relating to your obligation to indemnify Prospa and limitations on Prospa’s liabilities.
13. Governing Law
If you are domiciled in Australia, these Online Terms are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If you are domiciled in New Zealand, these Online Terms are governed in accordance with the laws in force in New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.
14. Limitation of Liability
To the extent permitted by law, Prospa is not liable to you for any loss or liability arising from or in connection with the Account, Digital Channels. This may include, without limitation, loss or liability arising from:
- Content on the Digital Channels;
- your use of the Digital Channels, including any damage to your mobile device or electronic systems resulting from your access or use of the Digital Channels;
- your improper use of the Account or the Digital Channels. This includes losses arising as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including failure to comply with these Online Terms or other policies on our Website;
- your inability to access your Account through the Digital Channels;
- any modification, suspension or discontinuance of the Digital Channels; or
- any costs, charges or expenses you incur as a result of using the Digital Channels, such as mobile carrier charges.
You agree to indemnify Prospa and all other users of the Digital Channels against any claim, loss, cost, damage, action or expense which Prospa or any other user may experience arising from your use of the Digital Channels, your failure to keep your Access Methods secure, the use of the Digital Channels by any person on your behalf or the use of your Access Methods by any other person, including any use not approved or contemplated by you.
15. Responsibility for mistaken and unauthorised payments
15.1 Mistaken payments
It is important to enter the correct BSB and account information when authorising payments from your Account. We rely on the BSB and account number entered by you to process the payments. We do not verify the account name provided with the BSB and account number. Where you enter the wrong BSB and/or account number:
- funds may be credited to the account of an unintended recipient; and
- it may not be possible to recover funds from an unintended recipient.
15.2 Unauthorised payments
You will not be responsible for an unauthorised payment where in our reasonable opinion you didn’t contribute to the unauthorised payment.
We may consider that you have contributed to unauthorised payment where:
- you have not kept your Account or Access Methods reasonably secure; or
- there was an unreasonable delay in reporting that the security of your Account or Access Method has been breached
