Terms and Conditions

Important Notice: These Terms and Conditions govern your engagement with Terrain Finance Partners. Please read them carefully before proceeding with our services. By engaging our services, you confirm that you have read, understood, and agreed to these Terms. These Terms operate alongside — and do not replace — the Credit Guide and Credit Proposal Disclosure Document provided to you separately, as required under the National Consumer Credit Protection Act 2009 (Cth).

1. About Us

Terrain Finance Partners (ABN 50 696 557 552) is a mortgage broking firm based in Sydney, New South Wales. We operate as Credit Representative 578084 of Finsure Finance and Insurance Pty Ltd, which holds Australian Credit Licence 384704.

Our registered address is Level 3, 55 Pyrmont Bridge Road, Pyrmont NSW 2009. You can contact us at tharun@terrainfp.com or +61 493 125 004.

References to "Terrain", "we", "us", or "our" in these Terms refer to Terrain Finance Partners. References to "you" or "your" refer to the person or entity engaging our services.

2. Scope of Services

2.1 What We Do

Terrain Finance Partners provides mortgage broking and credit assistance services, including:

  • Assessing your financial needs, objectives, and circumstances

  • Identifying and recommending suitable loan or credit products from our lender panel

  • Preparing and submitting loan applications to lenders on your behalf

  • Liaising with lenders, valuers, solicitors, and other relevant parties

  • Providing ongoing support throughout the loan application and settlement process

2.2 What We Do Not Do

Unless separately agreed in writing, our services do not include:

  • Financial planning, investment advice, or tax advice

  • Legal advice or conveyancing services

  • Property valuation or due diligence on specific properties

  • Insurance advice (unless separately engaged and licensed to do so)

  • Ongoing portfolio management after settlement

If you require services outside our scope, we will refer you to an appropriately qualified professional.

2.3 Lender Panel

Our recommendations are made from lenders on our approved panel, which is maintained through Finsure Finance and Insurance Pty Ltd. While our panel covers a broad range of lenders and products, it does not represent the entire market. A full list of lenders on our panel is available in our Credit Guide.

3. Credit Representative Disclosure

Terrain Finance Partners is a Credit Representative of Finsure Finance and Insurance Pty Ltd (ACL 384704). This means:

  • We are authorised to engage in credit activities on behalf of Finsure's licence

  • Finsure maintains regulatory oversight of our credit activities

  • Our Credit Guide, provided separately, contains full details of our authorisation, the services we provide, and how we are remunerated

You are entitled to receive our Credit Guide before we provide you with credit assistance. If you have not received it, please contact us immediately.

4. Fees, Commissions, and Remuneration

4.1 Upfront Commission

In most circumstances, Terrain Finance Partners does not charge you a direct fee for our mortgage broking services. We are remunerated by way of commission paid by the lender upon settlement of a successful loan application. The amount of upfront commission varies by lender and product and will be disclosed to you in writing before you proceed.

4.2 Trail Commission

We may also receive ongoing trail commission from lenders for the life of your loan. This is a recurring payment made by the lender, typically calculated as a percentage of your outstanding loan balance. Full details of trail commission arrangements will be disclosed in your Credit Proposal Disclosure Document.

4.3 Broker Fees

In certain circumstances — for example, where a loan is complex, non-conforming, or involves significant work — we may charge a broker fee directly to you. Any such fee will be:

  • Disclosed to you in writing before you commit to engaging our services for that transaction

  • Agreed by you in writing before it becomes payable

  • Itemised clearly in the Credit Proposal Disclosure Document

4.4 Third-Party Costs

You are responsible for all third-party costs associated with your loan, including but not limited to lender application fees, valuation fees, legal and conveyancing costs, stamp duty, lenders mortgage insurance, and government charges. These are not fees charged by Terrain Finance Partners.

4.5 No Obligation

We do not charge you for initial consultations or for assessments that do not result in a loan application proceeding, unless a broker fee has been separately agreed in writing.

5. Your Obligations

To enable us to provide our services effectively and comply with our regulatory obligations, you agree to:

  • Provide accurate, complete, and up-to-date information about your financial position, income, expenses, assets, liabilities, and objectives

  • Notify us promptly of any changes to your financial circumstances that may affect your loan application or eligibility

  • Provide all documents requested in a timely manner

  • Not misrepresent or conceal any information that is material to your loan application

  • Inform us of any existing or pending legal proceedings, bankruptcies, or financial difficulties that may be relevant

  • Review all documents we prepare or present to you carefully before signing

You acknowledge that our ability to assist you depends entirely on the accuracy and completeness of the information you provide. We are not responsible for any adverse outcome arising from information that is inaccurate, incomplete, or misleading.

Important: Providing false or misleading information to a lender is a serious matter and may constitute fraud. It is your responsibility to ensure all information provided is truthful and complete.

6. Our Obligations to You

Terrain Finance Partners is committed to acting in your best interests. In providing credit assistance, we will:

  • Act honestly, fairly, and professionally in all dealings with you

  • Make reasonable enquiries into your financial situation, needs, and objectives before making any recommendation

  • Only recommend products that are not unsuitable for you, having regard to your circumstances

  • Disclose all commissions and remuneration we receive in connection with your loan

  • Maintain the confidentiality of your personal information in accordance with our Privacy Policy

  • Comply with all applicable laws and regulatory obligations, including the NCCP Act 2009 and the relevant ASIC regulatory guides

  • Provide you with a Credit Guide and Credit Proposal Disclosure Document as required by law

7. Limitation of Liability

7.1 General

To the maximum extent permitted by law, Terrain Finance Partners and its representatives exclude all liability for any loss or damage arising from:

  • Decisions made by lenders to approve, decline, or conditionally approve your loan application

  • Changes in interest rates, lending policies, or market conditions

  • Information provided by you that is inaccurate, incomplete, or misleading

  • Third-party services, including valuers, solicitors, or conveyancers

  • Delays caused by lenders, government agencies, or other third parties outside our control

  • Your decision to proceed or not proceed with a recommended product

7.2 No Guarantee of Approval

We make no representation or guarantee that any loan application we submit on your behalf will be approved. Lending decisions are made solely by the relevant lender in accordance with their own credit assessment policies, which are outside our control.

7.3 Cap on Liability

Where liability cannot be excluded by law, our total aggregate liability to you arising from or in connection with these Terms or our services is limited to the amount of any broker fee paid directly by you to us in connection with the relevant transaction. Where no broker fee was paid, our liability is limited to the maximum extent permitted by law.

7.4 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other non-excludable statutory guarantee. Where such guarantees apply, our liability is limited to the extent permitted by section 64A of the Australian Consumer Law.

8. Conflicts of Interest

Terrain Finance Partners may receive different levels of commission from different lenders. While we are committed to recommending products that are not unsuitable for you, you should be aware that commission structures may vary across our lender panel.

We manage conflicts of interest by:

  • Disclosing all remuneration and commissions in writing before you proceed

  • Basing our recommendations on your stated needs, objectives, and financial circumstances rather than commission levels

  • Maintaining a broad lender panel to ensure genuine choice

Full details of how we manage conflicts of interest are set out in our Credit Guide.

9. Privacy

The collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is available on our website at terrainfp.com and upon request.

By engaging our services, you consent to the collection and use of your personal information as described in our Privacy Policy, including disclosure to lenders, credit reporting bodies, and other parties necessary to provide our services.

10. Credit Guide and Regulatory Documents

As a credit representative, Terrain Finance Partners is required by law to provide you with the following documents:

  • Credit Guide — provided before or when we first provide credit assistance, containing details of our authorisation, services, remuneration, and complaints process

  • Credit Proposal Disclosure Document — provided before we submit a loan application, containing details of the recommended product, associated fees and commissions, and any potential conflict of interest

These documents are provided in addition to these Terms and Conditions. In the event of any inconsistency between these Terms and those regulatory documents, the regulatory documents will prevail to the extent required by law.

11. Termination of Engagement

11.1 Your Right to Terminate

You may terminate your engagement with Terrain Finance Partners at any time by notifying us in writing. Termination will not affect any obligation to pay fees that have already been agreed in writing and become payable prior to termination.

11.2 Our Right to Terminate

We may terminate our engagement with you at any time if:

  • You provide information that we believe to be false, misleading, or materially incomplete

  • You engage in conduct that is abusive, threatening, or inappropriate towards our team

  • A conflict of interest arises that we are unable to manage appropriately

  • Continuing the engagement would cause us to breach our legal or regulatory obligations

Where practicable, we will provide you with reasonable notice before terminating the engagement.

11.3 Effect of Termination

Upon termination, we will cease providing services and will return any documents you have provided to us on request. Clauses relating to liability, confidentiality, and dispute resolution survive termination of these Terms.

12. Intellectual Property

All content, materials, documents, and analysis prepared by Terrain Finance Partners in the course of providing our services remain the intellectual property of Terrain Finance Partners. You are granted a non-exclusive licence to use such materials for the purpose for which they were prepared.

You must not reproduce, distribute, or publicly disclose any materials prepared by us without our prior written consent.

13. Complaints and Dispute Resolution

13.1 Internal Complaints Process

If you have a complaint about our services, we encourage you to contact us in the first instance so we can attempt to resolve the matter promptly:

Terrain Finance Partners — Complaints

Address: Level 3, 55 Pyrmont Bridge Road, Pyrmont NSW 2009

Email: tharun@terrainfp.com

Phone: +61 493 125 004

We will acknowledge your complaint within 5 business days and provide a substantive response within 30 days. If we are unable to resolve your complaint within 45 days, we will notify you of the reason for the delay and your right to escalate.

13.2 External Dispute Resolution

If you are not satisfied with our response, you may escalate your complaint to our external dispute resolution scheme:

Australian Financial Complaints Authority (AFCA)

AFCA provides a free, independent service for consumers and small businesses to resolve financial complaints. You must attempt to resolve your complaint with us directly before escalating to AFCA.

13.3 Regulatory Complaints

You may also lodge a complaint with the Australian Securities and Investments Commission (ASIC) at www.asic.gov.au or by calling 1300 300 630.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising under or in connection with these Terms.

14.2 Entire Agreement

These Terms, together with our Credit Guide, Credit Proposal Disclosure Document, and Privacy Policy, constitute the entire agreement between you and Terrain Finance Partners with respect to the subject matter hereof and supersede all prior discussions, representations, and agreements.

14.3 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed from the remaining Terms, which will continue in full force and effect.

14.4 Waiver

A failure by us to exercise or enforce any right under these Terms does not constitute a waiver of that right and will not prevent us from exercising it in the future.

14.5 Amendments

We may update these Terms from time to time to reflect changes in our services, legal obligations, or regulatory requirements. The current version will always be available on our website at terrainfp.com. We will notify you of material changes where we hold your contact details. Continued engagement with our services following any update constitutes acceptance of the revised Terms.

14.6 Force Majeure

Terrain Finance Partners is not liable for any failure or delay in performing our obligations where such failure or delay results from events outside our reasonable control, including but not limited to acts of God, government action, pandemic, natural disaster, or technology failure.

Terrain Finance Partners  ·  ABN 50 696 557 552

Credit Representative 578084 of Finsure Finance and Insurance Pty Ltd (ACL 384704)

Level 3, 55 Pyrmont Bridge Road, Pyrmont NSW 2009  |  terrainfp.com