Expertise
  • Agribusiness
  • Asset finance
  • Business finance
  • Car finance
  • Commercial
  • Construction
  • Debt consolidation
  • First home
  • Investment
  • Mortgages
  • Non-conforming
  • Personal finance
  • Personal loan
  • Refinancing
  • Reverse mortgage
  • SMSF
Location

Terms & Conditions

  • Home
  • Terms & Conditions

LEGAL

This page contains the following documents:

These policies have been updated on 1 July 2019 

TERMS AND CONDITIONS (GENERAL)

 

 

In these terms and conditions, “We” “Us” and “Our” refers to Brokermatch Pty Ltd ACN 632 242 972 on the website https://brokermatch.com.au/. Your access to and use of all information on this website including the ability to review service providers or to advertise on this site is provided subject to the following terms and conditions. 

We reserve the right to amend this Notice at any time and Your use of the website following any amendments will represent Your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time You access Our website You read these terms and conditions.

 

 

Our Website Services

  1. Our services are provided to adults over the age of eighteen (18) years. By proceeding through Our website, You acknowledge that You are over 18 years of age.

 

Site Access

  1. When You visit Our website, We give You a limited licence to access and use of Our information regarding mortgage brokers and mortgage broking companies for personal use.
  2. You are permitted to download a copy of the information on this website to Your computer for Your personal use only provided that You do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of Our content in any other way infringes Our intellectual property rights.
  3. Except as permitted under the CopyrightAct1968 (Cth), You are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without Our prior written permission.
  4. The licence to access and use the information on Our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit You to metatag or mirror Our website without Our prior written permission. We reserve the right to serve You with notice if We become aware of Your metatag or mirroring of Our website.

 

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites.Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on Our website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
  2. Linking Our website is not permitted. We reserve the right to serve You with notice if We become aware of such linking.
  3. If your business wishes to link to our Website then a request in writing is required and we reserve the right to refuse such linking.

 

Intellectual Property Rights

  1. The copyright to all content on this website including graphics, images, layouts and text belongs to Us or We have a licence to use those materials.
  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by Us or We have a licence to use them. Your access to Our website does not license You to use those marks in any commercial way without Our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which You provide to Us through this website becomes Our property. If in future We use Your Comments in promoting Our website or in any other way, We will not be liable for any similarities which may appear from such use.  Furthermore, You agree that We are entitled to use Your Comments for any commercial or non-commercial purpose without compensation to You or to any other person who has transmitted Your Comments. Your comments and reviews may be removed by Us at Our discretion.
  4. If You provide Us with Comments or a Rating, You acknowledge and warrant that You are responsible for the content of such material including its legality, honesty, originality and copyright.
  5. We reserve the right to check your comments/rating at any time.
  6. If You provide us with a rating that requires checking with you personally you have, through use of our website, agreed that we may contact you via phone, email or social media messaging.
  7. At any time We may remove a comment or rating from our website if that rating or comment cannot be validated.
  8. If You review a broker on this site you have granted permission for your email address to be shared with the broker to verify the type of service provided to You by the broker.

 

Disclaimers

  1. Whilst We take all due care in providing Our services, We do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that Our website is free of any virus, worm, Trojan horse and/or malware, however We are not responsible for any damage to Your computer system which arises in connection with Your use of Our website or any linked website.

 

Limitation of Liability

  1. If You are not a consumer within the meaning of Schedule 2 of the Competition & Consumer Act 2010 then this clause applies to You. If You are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit Our liability or Your rights.  If You are not a consumer: –
    • To the full extent permitted by law, Our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • We accept no liability for any loss whatsoever including consequential loss suffered by You arising from services We have supplied.
    • We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • We do not participate in any way in the original transactions between Our users.

 

Indemnity

  1. By accessing Our website, You agree to indemnify and hold Us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with Your use of Our website.

 

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and You agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

  1. We undertake to take all due care with any information which You may provide to Us when accessing Our website. However, We do not warrant and cannot ensure the security of any information which You may provide to Us. Information You transmit to Us is entirely at Your own risk although We undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in Our separate Privacy Policy which may be accessed from at the end of these Terms and Conditions.

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

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

 

Indemnity

  1. 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

  1. 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

  1. 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.
  2. 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.
  3. The User acknowledges that there is no guarantee of receiving business from Brokermatch through creating a profile on the Website.

 

Restricted Activities

  1. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. 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

  1. 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

  1. 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.
  2. The User must be an independent mortgage broker, or employee in a mortgage broking firm.
  3. The owner of a registered account on Brokermatch is liable, by law, for any transaction undertaken through his account.

 

Links to other websites

  1. 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

  1. 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.
  2. Brokermatch has the right to list the Brokers User names and logos for marketing purposes.

 

Disclaimer

  1. All information provided on the website is general in nature and does not apply to your personal circumstances.
  2. 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

  1. 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.