Legal

TERMS & CONDITIONS (BROKERS)

About the Website

1. Welcome to Brokermatch (the website). The website is a Website that allows Mortgage Brokers to create a profile, and for consumers to rate and review those Brokers.
2. The website is operated by Brokermatch Pty Ltd (ACN 632 242 972).
3. These Terms and Conditions are applicable to the creation of a Broker profile on the Brokermatch Website.
4. You are required to read these terms and conditions, as your acceptance is indicated by the creation of your Broker profile.
5. If you do not agree with these Terms and Conditions you need to cease using the website and services.
6. This Agreement shall be governed by the laws in force in Victoria and you irrevocably submit to the exclusive jurisdiction of the Courts in that State or location.
7. Brokermatch reserves the right to amend these Terms and Conditions from time to time, without notice and at their discretion and these changes take effect from the time of publication.
8. If any clause of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable clause shall be deemed to be omitted.
9. Brokermatch has the right to cancel or suspend any account at any time.
10. It is recommended that you keep a copy of these Terms and Conditions for your reference.

Confidentiality

11. We may collect confidential and personal information about you upon creating a profile on our Website.
12. As far as the law permits, Brokermatch will keep the information confidential and not share it with third parties.
13. Our Privacy Policy is found elsewhere on this Website and should be read in conjunction with these Terms.
14. We reserve the right to revise or remove any information from the Brokermatch website at our discretion.

Indemnity

15. The User indemnifies Brokermatch against all losses, damage or liability arising in connection with:

• Claims by third parties of infringement of intellectual property;
• Competing claims to title;
• Loss or damage to the property of Brokermatch;
• Claims by any person in respect of personal injury, illness or death, or loss of or damage to any property;
• Claims by government authorities for breach of law; or
• Liability for taxes, duties, fines or penalties.

Limitation of Liability

16. To the maximum extent permitted by law, Brokermatch gives no warranties, and shall have no liability to the User in relation to:

• Use or implementation of Brokermatch services;
• Unsuitability of Brokermatch services for any specific purpose;
• Any other liability relating to Brokermatch’s services;
• Without limiting the foregoing provisions of this clause, neither Brokermatch, its employees nor contractors shall have any liability in relation to any indirect or consequential loss, relating to any of the services provided.

Broker Profile

17. The User acknowledges Brokermatch’s right to remove their profile and/or any uploaded information from the Website at any time without notice. The Broker will be informed by email if this occurs.
18. The User accepts their responsibility to maintain their profile and update their information on the Website to keep it up to date. The User will not hold Brokermatch responsible for any incorrect information on their profile.
19. The User acknowledges that there is no guarantee of receiving business from Brokermatch through creating a profile on the Website.

Restricted Activities

20. With respect to your use of the Brokermatch website and your participation in the Services, you agree that you will not:

• Impersonate any person or entity;
• Violate any law, statute, rule, permit, ordinance or regulation;
• Interfere with or disrupt the Services or the Brokermatch website or the servers or networks connected to the Brokermatch website;
• Post information or interact on the Brokermatch Website or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal, including by adding false information to your profile;
• Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
• Rent, lease, lend, sell, redistribute, license or sublicense the Brokermatch website or access to any portion of the Brokermatch website;
• Link Brokermatch website directly or indirectly to any other websites;
• Transfer or sell your User account, password and/or identification to any other party
• Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
• Cause third party to engage in the restricted activities above.

Intellectual property

21. Except for any third-party copyright included on this website under a licence or agreement, all the content of this Website is owned by Brokermatch. All rights are reserved.
22. Other than for the purpose of an subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be reproduced, adapted stored in a retrieval system, transmitted or reproduced on any other Internet website, without prior written permission of the copyright owner.
23. Brokermatch makes no warranties or representations that third party material on this Website or material on other websites to which this Website is linked, does not infringe the intellectual property rights of any person anywhere in the world. Brokermatch is not, and must not be taken to be, authorising infringement of my intellectual property rights contained in material on other sites by linking this Website to such material on other sites.
24. This website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

Third Party Material

25. Brokermatch does not sell or provide your personal information to third parties. However, Brokermatch may use your information without referring to your name, to create marketing statistics, identity user demands and to assist in meeting your need.

Cookies

26. Brokermatch may use cookies to tailor your online experience to you. These cookies will allow the website to remember your actions or preferences over time. Users can delete cookies from their browser at any time.

Consequences of use

27. This website may only be used for lawful purposes. Any unlawful use of the Website may give rise to an offence or claim being made against you.
28. The User must be an independent mortgage broker, or employee in a mortgage broking firm.
29. The owner of a registered account on Brokermatch is liable, by law, for any transaction undertaken through his account.

Links to other websites

30. Brokermatch may provide links to other websites or websites on the website. This does not imply any commercial relationship between Brokermatch and the owners of those websites and takes no responsibility for any content displayed on those websites. Brokermatch website may contain information provided by third parties. Brokermatch accepts no responsibility for any advice provided by third parties.

Marketing

31. Brokermatch has the right to use emails to send some information or advertising to the email provided that is relative to the business of Brokermatch itself.
32. Brokermatch has the right to list the Brokers User names and logos for marketing purposes.

Disclaimer

33. All information provided on the website is general in nature and does not apply to your personal circumstances.
34. Brokermatch may make content changes to the materials contained on its website at any time without notice. However, Brokermatch does not make any commitment to update the materials.

Provisions

35. All dispute and claim resolution must be handled on an individual basis, between you and Brokermatch rather than a class action, representative action or collective action, whether this be past, present or future related matters between yourself arising out of using the Brokermatch service.