Terms & Conditions
Terms and Conditions for using MortgageInfo.com.au
These terms and conditions are the contract between you and Mortgage Info (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
Mortgage Info is a trade name of Housenet Corporation Pty Ltd ABN 37 155 259 117 incorporated in Australia, whose address is at Unit 68, 89-97 Jones St Ultimo 2007.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using Our Website or the services immediately.
1. Definitions
“Content” | means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you. |
"Post" | means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly. |
“Service” | means all of the services offered for sale through Our Website by a Provider. |
“Provider” | means a person who we refer you to who offers a Service. |
“Our Website” | means any website of ours, and includes all web pages controlled by us. |
“User” | means any person other than you who uses or visits the website for any purpose. |
"you” “yours” etc, | means you, the party to this agreement. |
2. Our contract
|
3. Your account and personal information
|
4. The buying procedure
|
5. The Mortgage Info guarantee
To give you the utmost confidence in the Mortgage Info buying experience, we offer you an after sales guarantee:
|
6. How we handle your Content
|
7. Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other Users of Our Website and to comply with the law. These provisions apply to all Users of Our Website. We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can. You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
|
8. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms. In addition to the restrictions set out above, a Posting must not contain:
|
9. Removal of offensive Content
|
10. Security of Our Website
If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
|
11. Copyright and other intellectual property rights
|
12. Interruption to the Mortgage Info service
- We give no warranty that our service will be satisfactory to you.
- We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other reason. We may do so without telling you first.
- You acknowledge that our service may also be interrupted for reasons beyond our control.
- You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Mortgage Info service.
13. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- your use of the Mortgage Info service;
- the breach or violation of this agreement by you;
- the infringement by you of any intellectual property or other right of any person or entity;
- your failure to comply with any law;
- a contractual claim arising from your use of Our Website and purchase of Service.
14. Our disclaimers
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect, consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
- The Mortgage Info Website and Mortgage Info services are provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
15. Disclaimers about the Service
- All of the Content on Our Website relating to any Service has been provided by a Provider. We do not accept responsibility for the accuracy of any claim or advertisement.
- We make no representation, warranty or other provision with regard to the Services and you acknowledge that you do not rely on any made by us, but solely on your contract with a Provider.
- So far as concerns Services you purchase through Our Website, we are not liable for:
- any Service complying with the requirement of any law or being available;
- the Provider performing his contract;
- We give no warranty, representation or undertaking whatever as to the continuing business of a Provider or that any Service offered for sale by a Provider will be useful or suitable for you;
- You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.
16. Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
- Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt
- has been received by the sender.
- It shall be deemed to have been delivered:
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
- We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
- In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales and you agree that any dispute arising from it shall be litigated only in that State.