Terms of Use

1. Introduction

This service is operated by Arbor Knot Ltd (located at Yigal Alon St 114, Tel Aviv-Yafo, 6744320, Israel) and its related bodies corporate which include:

  • AKCP LLC;
  • ArborKnot Management Inc;
  • Arbor Knot Inc;
  • AKCS Inc;
  • Arbor Knot Gmbh;
  • AKCP Management Pty Ltd;
  • AKCP Nominees Pty Ltd;
  • AKCP Holdings Pty Ltd;
  • AKCP Investments Pty Ltd;
  • AKCP Nominees 2 Pty Ltd;
  • LC Lite Management S.à.r.l., and
  • LC Lite Investment Fund SCSp,

to be referred to as ArborKnot, the ArborKnot Group, we, and/or us.

 

2. Our Services

The following terms and conditions (Terms of Use) apply to our provision of the following services to customers and businesses who sign up to use our online services which will be known herein as a “user” including:

a) ArborKnot Client Portal (“Client Portal”) which provides a simple way for lenders, originators, and operators to sell their charged-off loans or receivables;

(b) ArborKnot Customer Portal (“Customer Portal”) which allows customers who owe money to ArborKnot to:

(AA) access benefits ArborKnot may source for them;

(BB) access our range of products and services to increase awareness about their debts and where we may also tell customers about products or promotions from our connected network of referral providers, service and product providers;

(c) and any other product services accessed through our website or mobile applications, to be referred to as ArborKnot’s “Services”.

to be referred to as ArborKnot’s “Services”.

 

3. About our Terms of Use

(a) Please read through these Terms of Use carefully prior to accessing or using any of our Services.

(b) These Terms of Use of use apply to the use of our Services and are separate from and do not affect any terms and conditions applicable to any product or service that you may choose to apply for within our Services.

(c) The information in these Terms of Use is subject to change. We may vary these Terms of Use and when we do, we will post the current version on our website. Please check our website for the current version of these Terms of Use.‍ Please retain a copy of these Terms of Use for your records as we will not retain copies of these Terms of Use on each individual file for any of the Services that you use.

(d) If you have any questions, please ask us. If there is anything in these Terms of Use that you want to ask us about, simply contact us:

(e) To report suspected unauthorised access or a security breach to our Services please email us at the email address above.

To report suspected unauthorised access or a security breach to our Services please email us at [email protected].

 

4. These Terms of Use

(a) Contractual Relationship

Your registration for access to, or use of, our Services indicates that you agree to abide by, and be bound by, these Terms of Use. These Terms of Use may change. If you do not accept these Terms of Use, we may not be able to provide the Services to you.

If you decide to open, use or access the Customer Portal or Client Portal, these Terms of Use create the terms and conditions of the contract between you and us. These Terms of Use become binding once you register and have access to or use the Customer Portal, the Client Portal or the Services. From this effective date, the obligations arising under these Terms of Use are enforceable and apply to any instructions and information you give to us through our Services. Other terms may apply by operation of law, but where it is not reasonably practical to mention those legislative, common law or other provisions in these Terms of Use, such terms may still be applicable to the Services provided to you. Please read these Terms of Use carefully before using our Services. You will then know what to expect from us and what we expect from you.

You can ask us questions about any of the Terms of Use you do not understand. If you use our Services, you should keep a copy of these Terms of Use and all other documentation for future reference.

(b) Eligibility

For individuals to be eligible to use our Customer Portal you must:

(i) have an existing loan contract that has been purchased or assigned to us;

(ii) be 18 years of age or older;

(iii) provide government issued Identity verification documents to be able to verify users identity and if applicable visa status in the jurisdiction that you want to use our Services;

(iv) possess the legal right and ability to enter into a legally binding agreement with us; and

(v) agree and warrant to use our Services in accordance with these Terms of Use,

(collectively, the “Eligibility Criteria”).

We may vary the Eligibility Criteria from time to time, for example where there is a change in law or to comply with our obligations to third parties. If you no longer meet any amended Eligibility Criteria, we may need to suspend your account until you prove you meet the new Eligibility Criteria.

You must be a registered member to use the Services.

(c) Registration

(i) When you register for use of the Service you will provide us with personal data and information (personal information). As part of the activation process of the Services, you will also be required to verify your identity and may be directed to our third-party service provider for verification of your identity.

(ii) You must ensure that all information that you provide to us is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy which can be found here: https://arborknot.com/privacy-policy/.

(iii) When you register and activate your account, you will choose a login (in the form of a valid email address) and password (Login Details). You are responsible for keeping your Login Details secure and are responsible for all use and activity carried out under your Login Details. We recommend you logout of the Service when you are not using it.

 

5. Notifications on your Mobile Device

(a) You need to enable notification on your mobile device so we can send you notifications to your registered mobile device. Your mobile notifications can be enabled and disabled at any time by you via your settings on your mobile device.

(b) Remember that anyone who has access to your mobile device will be able to see your notifications.

(c) Some notifications may be “actionable”. This means that when you receive a notification, you can select it in order to access more information or perform an instruction.

(d) Communications network or system outages, or other factors beyond our control (such as your internet connection or mobile device limitations) may delay or affect delivery and receipt of your mobile notifications. You may not be able to receive notifications if you have uninstalled your mobile Internet Access application on your device, or if your device has been deregistered.

(e) We may without notice to you, temporarily suspend or terminate our notifications service for any reason.

 

6. Suitability of a Product or Advice

(a) We ONLY provide information for your consideration and DO NOT provide any general, personal, financial, legal nor tax advice, or credit assistance of any form. We never consider your own personal requirements to determine which information we display to you, the order of that information,

(b) Any information provided in the Services is of a factual and informative nature only. You must consider your own personal financial objectives and circumstances before acting upon any of the information featured on our Services.

(c) Where we have advised you of any other products services accessed through our website or mobile applications and offered by our connected network of referral providers, service and product providers (Product Provider) we strongly encourage you to gather additional information from the relevant Product Provider, such as (to the extent applicable) their Credit Guide, Financial Services Guide, Product Disclosure Statement, product feature information and have a look at their privacy policy as to how they handle your personal information received from Arbor Knot.

(d) We also recommend that you seek independent advice when considering applying for any product or service that you see featured on the Arbor Knot Services.

(e) You will deal with the relevant Product Provider directly in relation to the acquisition of any product or service featured on the Arbor Knot Service. We do not assist with your application for any product or service and any credit-related information we may access on your behalf does not guarantee suitability, acceptance or eligibility for any product or service offered by any Product Provider.

(f) If you tell us or consent to us to provide your personal information to a Product Provider, we do this as an administrative service to you only, to save you from having to provide your information twice.

 

7. Direct Marketing

(a) By registering with the Arbor Knot Service as part of the service we may choose to provide news and offers to you on the Customer Portal. This is part of the Services that we provide and cannot be opted out.

(b) By registering with the Arbor Knot Services you are opting in to receive news and offers via the Customer Portal. We may also send any news and offers to you via email and SMS means which you consented to receive these marketing electronic messages from us, including by email and/or SMS. You may at any time choose not to receive these direct marketing communications via email and/or SMS. If this is the case, please log into your Service account at and edit the subscription preferences in your profile or use the ‘unsubscribe’ link in the relevant message.

(c) Arbor Knot will continue to send to you service and notification messages with respect of the Arbor Knot Service that relate to your Service account, and are not deemed as marketing messages. You cannot opt out of receiving service and notification messages.

(d) Arbor Knot will not use your credit information for any purpose related to marketing and direct marketing purposes except as set out in our Privacy Policy or where you consent to do so.

 

8. Commissions

(a) In return for publishing information about credit products belonging to external service providers, or if you click on a product promotion, we may receive a commission fee, referral payment or publishing fee. The amount of this fee is unascertainable and may change based on the commercial arrangements, product class or other features. To ensure that we keep things fair, we will never select or order promotions based on commission or benefits to us.

(b) Regardless, we always recommend that you obtain professional financial and legal advice when considering whether a product is suitable for your own needs.

(c) If you engage with a Product Provider they may describe the referral fees and commission that will be paid to in relation to your product of service contract with such Product Provider.

 

9. Linked Sites and Comparison Functionality 

(a) The Arbor Knot Service includes information provided by Product Providers in connection with the products or services displayed on the Arbor Knot Service.

(b) We reserve the right to determine which Product Provider, products or services are included on, or removed, from the Arbor Knot Service, however this is not an endorsement or recommendation by us. We accept no responsibility for any Product Provider’s information posted on the Arbor Knot Service. We recommend you view the relevant Product Provider websites and ask them for further information before making any decision in relation to the products and services offered by those Product Providers on the Arbor Knot Service.

(i) The products and services featured on the Arbor Knot Service are not comprehensive nor representative of the market and do not cover all products, credit providers or services available. You will be presented with offers and paid-for-marketing by Product Providers and third parties on the Arbor Knot Service.

(ii) The products and services on the Arbor Knot Service may be sorted by you. The display or order of products shown on the Arbor Knot Service is not an indication of product ranking, suitability or eligibility for a particular Product Provider, product or service. This applies irrespective of whether we receive any commission, referral fee or payment from a Product Provider.

(iii) Each product or service displayed on the Arbor Knot Service will be subject to its own terms and conditions set by the Product Provider. You should obtain information directly from a Product Provider before deciding to apply for, or acquire, a product or service that may be featured on the Arbor Knot Service.

 

10. Accuracy, Completeness and Timeliness of Information

(a) The information on the Arbor Knot Service is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Arbor Knot Service, to the extent permitted by law, we make no warranty regarding the information on the Arbor Knot Service. You should monitor any changes to the information contained on the Arbor Knot Service.

(b) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Arbor Knot Service or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Arbor Knot Service is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

(c) We may, from time to time and without notice, change or add to the Arbor Knot Service (including these Terms of Use) or the information, products or services described in it. However, we do not undertake to keep the Arbor Knot Service updated. We are not liable to you or anyone else if errors occur in the information on the Arbor Knot Service or if that information is not up-to-date.

 

11. What are The Risks? 

(a) There may be a risk that you may not be able to access your Arbor Knot Service which is reliant on computer and/or telecommunications systems.

(b) The Arbor Knot Service is dependent on the reliability of its own operational processes and those of its technology and telecommunications partners in respect of computers, computer networks and telecommunications.

(c) Disruptions to these processes may result in your Arbor Knot Service being unavailable from time to time.

 

12. Special Risks Relating to your Internet Access

(a)You should take special care to keep your Login Details secret and to not disclose them to any third-party including family, friends and institutions.

(b) You should ignore any emails that appear to come from us that require you to input your Login Details. We will never send you such email requests. These emails may come from third parties seeking to use the information to access your Arbor Knot Service.

(c) You should also be careful about using services which offer to interface with our Arbor Knot Services on your behalf. For example, you may be led to believe that you are inputting your Login Details into our Arbor Knot Service, while in fact you are disclosing your Login Details to a third party hosting a hoax website or mobile/tablet device application.

(d) We continually look at ways to minimise any unauthorised access to your Arbor Knot Service. We may use various techniques from time to time, including contacting you after an unusual activity to confirm that in fact it was you that accessed your Arbor Knot Service. Your access to the Arbor Knot Service may be suspended if we detect or suspect unusual activity which may be the result of malware or a computer virus, ID takeover, phishing or fraud. We reserve the right to withhold access to the Arbor Knot Service where we continue to detect malware or a computer virus, or you refuse to follow our contact centre’s recommendations provided to you to assist with the removal of malware and/or computer viruses from your computer, mobile or tablet device.

 

13. Refusal of Service

(a) Despite any right contained in these Terms of Use, we can cancel any access method, including access to your Arbor Knot Service without notice if:

(i) we think your account is being used unlawfully including fraudulently or in a way that might cause your information to be compromised; or

(ii) we consider doing so is reasonably necessary, for example, to comply with laws in Australia, or other jurisdictions whereby we have obligations in, or to manage regulatory risk or if your instructions are not clear.

(b) We reserve the right to terminate, suspend or otherwise limit your access or use to our Service if we have reason to believe that you are misusing your account with us, breaching these Terms of Use or engaging in fraudulent or unlawful behaviour, without any prior notice to you.

(c) If you do not or are unable to provide the required personal information, including in connection with the Eligibility Criteria, or if we are not satisfied as to your identity, we may refuse to provide you with access to any or all of the Arbor Knot Service.

(d) We also have the right to vary, discontinue or cease offering any aspect of the Arbor Knot Service without any prior notice to you, and we have no liability for any costs, losses or damages of any kind arising as a consequence of such termination.

(e) We will be under no liability to you if we do any or all of these things.

(f) We may also at our discretion suspend or terminate the provision of a product or service to you and we will continue to provide the product and service for as long as we are legally required to do so (for example this may include suspending your Arbor Knot Service). When we do this, to the extent that we legally can, we will act fairly and reasonably towards you in a consistent and ethical manner. In doing so we will consider your conduct, our conduct, products and/or services which are being used.

 

14. Intellectual Property

(a) Except for your User Content and unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Arbor Knot Service and in all material (text, graphics, logos, audio and software) made available on the Arbor Knot Service.

(b) The trademarks featured on the Arbor Knot Service (whether registered or unregistered) are primarily our trademarks or those of our affiliates. Other trademarks may also be featured on the Arbor Knot Service and are trademarks of their respective owners. Such trademarks must not be used or modified in any way without our prior express and written consent or the consent of the relevant affiliate or third-party owner.

(c) By giving you permission to access and use the Arbor Knot Service, we grant you a non-exclusive, revocable, non-transferable licence to access and use the Arbor Knot Service on the terms and conditions of these Terms of Use and, where applicable, as expressly authorised by us and/or our third-party licensors. This license will end when your content is deleted from our systems and you no longer have an account with us and you do not use the Arbor Knot Services.

(d) You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from the Arbor Knot Service including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by us. We reserve the right to add, remove or vary any source code or software.

(e) Any reproduction or redistribution of any materials made available on the Arbor Knot Service is prohibited if it is not for your personal use only or for your business use only with respect of the Client Portal as set out in clause 14 below and may result in civil and criminal penalties. In addition, you must not copy any materials to any other server, location or support for publication, reproduction or redistribution.

 

15. No Commercial Use (Customer Portal users only)

(a) The Customer Portal is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any materials, software, products or services contained within the Customer Portal without our prior express and written consent.

(b) You may not use the Customer Portal, or any of its materials, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or application.

(c) You may download material from the Arbor Knot Service for your personal, non-commercial use only, however these Terms of Use continue to apply to such material, and we retain all intellectual property rights in such material.

 

16. Warranties

To the maximum extent permitted by law, with respect of applicable consumer law protections, we make no warranties or representations about the Arbor Knot Service or materials on the Arbor Knot Service, including but not limited to warranties or representations that they are complete, accurate or up-to-date, that access will be uninterrupted or error free or free from virus, or that the Arbor Knot Service will be secure.

 

17. Limitation of Liability

To the maximum extent permitted by law, including applicable consumer laws, and notwithstanding any other provision of these Terms of Use, in no event will we, our subsidiaries and affiliates, be liable to you for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, arising out of:

(a) your use or inability to use, or access, the Arbor Knot Service or any of the Services or in relation to any content or information obtained through the Arbor Knot Service;

(b) any financial decision or action taken by you in reliance upon any information contained on, or omitted from, the Arbor Knot Service; and

(c) the acts or omissions of Product Providers, credit reporting bodies and any other third parties who provide the information and data used to compile the information featured on the Arbor Knot Service.

 

18. Indemnity

To the extent permitted by law, you indemnify and hold us harmless from any loss, action, proceeding, cost, expense, liability, claim or demand arising from or in connection with a breach by you of these Terms of Use, including any inaccurate, misleading or fraudulent personal information provided by you.

 

19. Your contact information

(a) We will send you notices and correspondence to the contact details you provide to us. It is your responsibility to notify us of any change to your contact details or other personal information.

(b) We will not be held responsible for any correspondence not received due to inaccurate personal details you have provided us or if you fail to notify us of changes to your personal details.

(c) If your mailbox rejects our email messages, we may turn off notifications for your account. You will still be able to log in and you can turn notifications back on in your profile.

 

20. Contact Us

(a) If you have any questions or concerns regarding these Terms of Use or any of our Services, please email us on: [email protected]

(b) If you have any questions or concerns regarding your privacy, how we collect or use your personal information, please contact us on the details above.

(c) If you believe the information contained in your credit file, Credit Report Card or any other credit-related information is wrong, please contact your credit provider and/or the credit reporting body to have the mistake investigated and corrected. Please be aware that any incorrect information noted on your Credit Report Card may be listed with other credit reporting bodies.

 

21. Complaints

(a) We accept that sometimes we can get things wrong, and when this happens, we’re determined to make them right again. If you have a complaint or dispute, please email us on [email protected].

When you make a complaint to us, we will:

(i) acknowledge your complaint and make sure we understand the issues;

(ii) do everything we can to fix the problem;

(iii) keep you informed of our progress;

(iv) keep a record of your complaint;

(v) give you our name, a reference number and contact details so that you can follow up if you want to; and

(vi) provide a final response within 30 days or advise you of the need for more time to complete the investigation.

(vii) Unless there are exceptional circumstances, we will complete our investigation within 30 days of receipt of your complaint. If we are unable to provide a final response to your complaint within 30 days, we will inform you of the reasons for the delay and will give you information as to whether there is an external resolution body that you can escalate the complaint to.

22. Assignment

You may only use the Arbor Knot Service for your own purpose. You must not transfer, assign or novate your rights under this Agreement or your Arbor Knot Service.

 

 23. Waiver and Severability

If we fail to exercise or enforce any right or provision under these Terms of Use, this is not to be construed as any waiver of those rights or provision.

If any of these Terms of Use are considered invalid or unenforceable, the remaining provisions remain in full force and effect.

 

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws where the Online Services are being provided to you or the Website that you are accessing. If you are accessing the:

(a) Australian Website – arborknot.com then Australian law will apply depending on the State that our Australian related entity is incorporated in;

(b) Europe and the UK Website – arborknot.com then Germany law will apply;

(c) Israel Website – arborknot.com then Israeli law will apply; and

(d) United States of America (USA) Website – arborknot.com then United States of American law will apply depending on the State that our USA related entity is incorporated in.

Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the jurisdictions relevant to clause 24.

 

25. Third Party Rights

A contract under these Terms of Use is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these Terms of Use is not subject to the consent of any third party.

 

26. Entire Agreement

These Terms of Use and conditions, together with our website Terms of Use and condition and our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our Arbor Knot Service and shall supersede all previous agreements between you and us in relation to your use of our Arbor Knot Service.

 

27. Changes to these Terms of Use and the Arbor Knot Service

We reserve the right to change these Terms of Use and make changes to the content and layout of the Arbor Knot Service, at any time and when we do, we will post the current version on our website. Please check our website for the current version of these Terms of Use.

The revised Terms of Use shall apply to the use of our Arbor Knot Service from the date of publication of the revised Terms of Use on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Use.

If you do not wish to accept the variation, you may cancel your membership. Any subsequent access to, or use by you, of the Arbor Knot Service will constitute acceptance of any varied or modified Terms of Use.

 

28. Statutory and Regulatory Disclosures

We will not file a copy of these Terms of Use specifically in relation to each user or customer and, if we update these Terms of Use, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these Terms of Use for future reference.

 

29. These Terms of Use

These Terms of Use are Version 1.0 Dated 23 November 2022.