Terms of Use
Effective 1 October 2026
1. About these terms
This website, www.swooshfinance.co.nz, is operated by Swoosh Finance Limited, trading as Swoosh Finance, NZBN 9429042395447, Financial Service Provider number FSP510686 (“Swoosh”, “we”, “us” or “our”).
These Terms of Use govern your use of our website. By using the website, you agree to these terms. If you do not agree, you should discontinue using it.
Our Privacy Statement explains how we collect, use, store and disclose personal information. Separate terms apply to loan applications, loan agreements and services expressly identified as having their own terms. These website terms do not vary an existing loan agreement.
2. The use of the website
You may use this website for lawful purposes, including obtaining information about our products and services, applying for credit and managing your account.
You must not:
- provide information that is false or misleading;
- access another person’s account or information without authority;
- interfere with the website’s operation or security;
- introduce malicious software or attempt to gain unauthorised access to our systems; or
- use the website in a way that infringes another person’s rights.
Information you provide must be accurate and complete to the best of your knowledge. Please notify us promptly if you discover a material error.
3. Copyright and intellectual property
Unless otherwise stated, the content, design, logos and other intellectual property on this website are owned by or licensed to Swoosh.
You may view, download and print content for your personal, non-commercial use, including keeping records of your dealings with us. You must retain any copyright or ownership notices.
Except as permitted by the Copyright Act 1994 or other applicable law, you must not reproduce, modify, distribute, sell or commercially exploit website content without the relevant rights holder’s prior written permission.
4. Website information and lending
We take reasonable care to keep website information accurate and current. However, errors, omissions or delays in updating information may occur. Please contact us if you need to confirm information before relying on it.
General website information does not take account of your individual circumstances and is not personalised financial, legal or other professional advice. Consider obtaining independent advice where appropriate.
Submitting an application does not guarantee approval. Applications remain subject to our assessment, verification requirements and applicable lending criteria. Any loan offer will be subject to the terms and disclosures provided to you.
We may update product information, interest rates and fees for future applications. Changes to an existing loan are governed by the loan agreement and applicable law, including any notice requirements.
Nothing in this section limits our obligations when advertising, assessing, offering or providing credit.
5. Third-party website and services
Our website may link to websites or services operated by third parties. Unless expressly stated, a link does not constitute an endorsement, sponsorship or affiliation.
Third-party websites and services may have their own terms and privacy notices. You should review these before using them or providing personal information.
We do not control independently operated third-party websites and cannot guarantee their accuracy, availability or security. This does not limit any responsibility we have under applicable law, including for service providers acting on our behalf.
6. Availability and security
We take reasonable steps to maintain the website’s availability and security. However, access may occasionally be interrupted by maintenance, technical faults or circumstances beyond our reasonable control.
You should keep your devices and software secure and take reasonable precautions when accessing the website.
If you have a Swoosh account, keep your login details confidential and notify us promptly if you suspect unauthorised access. We will take reasonable steps to investigate and respond. Your responsibility to protect your login details does not exclude our own security or privacy obligations.
We may temporarily restrict access where reasonably necessary to address a security threat, unlawful activity or misuse of the website. Where practicable, we will explain the restriction and provide an alternative way to contact us or manage your account.
7. Your rights and our liability
Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or obligation that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 and Credit Contracts and Consumer Finance Act 2003, where applicable.
Subject to those protections, we are not responsible for loss to the extent it is caused by your unlawful use of the website or your failure to take reasonable security precautions.
This limitation does not exclude liability to the extent that our negligence, breach of these terms or failure to comply with applicable law caused or contributed to the loss.
8. Privacy
We handle personal information in accordance with the Privacy Act 2020 and our Privacy Act.
The Privacy Statement explains what information we collect, why we collect it, who may receive it, overseas processing arrangements, and how to request access or correction or make a privacy complaint.
Where specific authorisation is required for a collection, use or disclosure, we will seek it separately. Browsing this website does not itself authorise access to your bank accounts or transaction history.
9. Bank statements, financial assessment and ongoing credit management
Electronic bank statement service
When you enter your internet login banking credentials of your nominated financial institution within the Illion Bank Statement platform, your details are immediately encrypted and stored securely by Illion. By providing this information, you consent to granting us an ongoing use authorization for the purposes of assessing and managing your credit contract. You may terminate this authorisation by contacting us.
You can review information about the service at www.bankstatements.com.au. The provider terms and privacy notice applicable to your connection will be made available during that process.
You must be authorised to provide access to the accounts you select, including obtaining any necessary authority from joint account holders.
How we use your information
We may retain and use the information lawfully obtained through the service to:
- verify your income, expenses, liabilities and other relevant financial circumstances;
- assess whether the proposed loan meets your requirements and objectives and whether you can make repayments without substantial hardship;
- administer and manage your credit contract, including considering requests for hardship assistance or payment variations;
- assess refinancing or future applications you submit to us; and
- manage arrears, recovery or enforcement activity and meet our legal obligations.
These activities remain subject to the purposes explained to you, the scope of your authorisation, our Privacy Statement and applicable law.
Credentials and security
Where the service requires internet banking credentials, enter them only through the designated authentication process. Do not send passwords, PINs or security codes directly to Swoosh.
The applicable Illion terms will explain how credentials are encrypted, used, retained or deleted for your connection.
Privacy and anonymised information
We handle retrieved information in accordance with clause 8 and our Privacy Statement, including the requirements applying to overseas processing and disclosure.
Where a provider holds or processes personal information solely on our behalf, we remain responsible to the extent required by the Privacy Act 2020. Where an overseas disclosure is subject to Information Privacy Principle 12, we will comply with its requirements.
Illion may use fully anonymised and aggregated information for the purposes described in its applicable terms and privacy notice, including transaction categorisation and spending analytics. Such information must not identify you or enable you to be reasonably identified. This provision does not authorise the sale or unrestricted disclosure of your personal information.
We retain personal information only for as long as reasonably necessary for a lawful purpose. Using the service does not waive your rights under the Privacy Act 2020.
Responsible lending and subsequent financial management
We will make reasonable enquiries into your financial circumstances and assess your application in accordance with the lender responsibility principles under the Credit Contracts and Consumer Finance Act 2003, having regard to the Responsible Lending Code.
Where relevant, our assessment may take account of reasonable reductions in discretionary spending, provided those reductions are realistic and appropriate to your circumstances and do not require you to forgo necessities or experience substantial hardship. We may highlight those areas (if any) with you at time of application.
After entering into a loan, you are responsible for making the agreed repayments. This may involve maintaining reasonable adjustments to discretionary spending considered during the assessment. That expectation does not replace our responsible lending obligations or require you to sacrifice essential living expenses.
If your circumstances change or you experience difficulty making repayments, please contact us promptly to discuss hardship assistance or other available arrangements.
10. Complaints
If you have a complaint about the website or our services, please contact us at applications@swooshfinance.co.nz. Our Complaints and Dispute Resolution Policy explains how we handle complaints.
Our approved external dispute resolution scheme is Financial Dispute Resolution Scheme (0508 337 337). You may refer an eligible unresolved complaint to that scheme free of charge, subject to its rules.
Privacy complaints may also be made to the New Zealand Office of the Privacy Commissioner.
11. Changes to these terms
We may amend these terms to reflect changes to our website, services, security arrangements or legal obligations.
We will publish the updated terms and their effective date on this website. Where a change materially affects existing users, we will take reasonable steps to give advance notice, unless an urgent legal or security issue makes this impracticable.
Changes apply prospectively and do not remove accrued rights or retrospectively authorise the use of personal information.
12. Governing law
These terms are governed by New Zealand law. You and Swoosh submit to the non-exclusive jurisdiction of the New Zealand courts.
Nothing in these terms prevents you from using an available dispute resolution scheme, tribunal or statutory complaints process.
