Terms and conditions for the use of the loaninja website

This website (“Website“) is owned and operated by Mortgage Makers (VIC) Pty Ltd (ACN 102 356 632) and its related entities (“loaninja”), registered office at level 12, 440 Collins St, Melbourne VIC 3000. In these Website Terms, “we”, “our” and “us” means Mortgage Makers (VIC) Pty Ltd.

1. Introduction
2. Privacy Policy
3. Third party products
4. The loaninja service and how we are paid
5. Appointment of loaninja as your agent
6. Eligibility to use our services
7. Permitted use
8. Registering an account
9. Terminating and suspension of your account
10. Disclaimer
11. Intellectual property rights
12. Exclusions of liability
13. Indemnity
14. Third party links
15. General
16. Governing law

1. Introduction

1.1 All access to and use of this Website is subject to these terms and conditions (“Terms of Use”). By accessing and using this Website you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to access and use this Website and you should immediately cease accessing and using this Website.

1.2 If you breach any provision of these Terms of Use then your right to access and use this Website will immediately cease.

1.3 This Website is intended for use by Australian residents only, aged 18 years and over. You should note that this Website (including products, price references and product descriptions) is frequently updated. Products may be withdrawn at any time, without notice.

1.4 We may amend these Terms of Use at any time and so we recommend that you refer to these Terms of Use each time you use this Website. The amended Terms of Use will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.

2. Privacy Policy

2.1 We take your privacy seriously. Your personal information privacy is important to Mortgage Makers (VIC) Pty Ltd. We respect your right to be aware of who has information about you, what they are doing with it and why. Mortgage Makers (VIC) Pty Ltd are committed to the proper handling of personal information provided by you.

Please visit our Privacy Policy to find out how we use the information that you provide to us. Your use of this Website is at all times subject to the provisions of our Privacy Policy.

3. Third party products

3.1 You can apply for a number of products via this website. These products are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product, you should consult the relevant product documents. The presence of a product on this Website does not constitute an endorsement by us of the provider, the product, the content of the provider’s website, or the activities of the provider.

3.2 All product prices are quoted in Australian dollars.

3.3 We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product.

3.4 This website contains statements regarding the terms of the products, including features and inclusions. Some of these statements are generalised in order to give you a summary of the products being compared. However, not all products are the same and you should confirm the exact terms of any product that you intend to purchase prior to purchasing that product. The product information supplied on the website is available only to Australian residents.

3.5 By submitting your personal details through this website, you are able to make an offer to obtain a product from a third party provider. That offer may be accepted or rejected. The contract for the product will only be concluded once your offer has been accepted by the relevant third party provider. If your offer is accepted then the product will be provided to you, subject to the third party provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.

4. The loaninja service and how we are paid

4.1 We provide a service on this Website which enables you to research and apply for finance which is provided by third parties.

4.2 Our service is free for you to use. We receive payment from the third party product providers when you use our service to purchase products from them.

4.3 Loaninja specialises in arranging home and investment loans for borrowers. We provide information about lenders and their loans products to assist consumers in making the choice of product that best suits their needs as communicated to us. We may be paid a fee from the lender whose product the consumer chooses, and also may pay fees to third parties who have recommended the consumer to loaninja. In providing these services we are an independent contractor, and whilst being accredited by a particular lender to recommend and process applications for their products, are not an agent of the particular lender, nor do we act as an agent (unless explicitly authorised in writing) for the consumer.

5. Appointment of loaninja as your agent

You may request, via this website or directly, that Loaninja act as your agent to access and correct credit information held by credit reporting agencies, eg; VEDA (now Equifax).

By requesting Loaninja access and/or correct your credit information, you:

(a) appoint and authorise us as your agent to act on your behalf, including by exercising your rights as Access Seeker under Part IIIA of the Privacy Act 1988 (Cth) (Privacy Act) to the extent permitted by Privacy Act to:

i. request the credit reporting agency provides you with your credit information to be accessed through our website or directly and/or corrects that credit information; and

ii. authorise the credit reporting agency, who we instruct on your behalf, to collect, use, store and disclose your identity verification information, contact details and any of your information that you authorise us to provide to the credit reporting agency, including to update or correct information held by the credit reporting agency and to provide its credit reporting services; and

(b) authorise us to collect, use, store and disclose your credit information and any related data that the credit reporting agency provides to you, on an ongoing basis using the website, for the purposes set out in our Privacy Policy while you have an account with Loaninja.

The authority to act as your agent as referred to in this section continues until such time as you terminate your Loaninja account in accordance with the ‘Terminating and suspension of your account’ section below. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately.

When you authorise Loaninja to act as your agent, as referred to in this section, you also authorise Loaninja, as your agent, to provide to the credit reporting agency your identification verification and contact details. We do not provide any other credit information to the credit reporting agency, unless you authorise us to do so. The credit reporting agency may use the information that you authorise us to provide to them, as detailed in our Privacy Policy.

6. Eligibility to use our services

To be eligible to use our services you must be 18 years of age or older and meet the identity verification requirements that will change from time to time, but may include providing the number for your Australian driver’s licence, Australian passport or foreign passport with an Australian residency permit, or providing details of your birth certificate and conducting a real-time live video interview with us.

Important: Please be aware you may only create a Loaninja account and access our services yourself, not through an agent or on behalf of any other person. We do not accept consents (including consent to these terms and our Privacy Policy) or confirmations given “on your behalf”. You must give the consents and establish your personal identity yourself.

You must not register or access a Loaninja account on behalf of any other person. By completing the Loaninja registration page, including the identity verification requirements, you are representing that you are completing the Loaninja account registration for yourself and not for any other person. We may report any unauthorised use of our services as fraud, and may report any other suspicious activity using our website to enforcement agencies or credit providers.

7. Permitted use

7.1 You are only permitted to use this Website for personal use, subject to your compliance with these Terms of Use. Commercial use of this Website is strictly prohibited.

7.2 You are not permitted to do anything that may affect the security of this Website or any information or material stored within it.

7.3 You agree not to:

(a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;
(b) copy or disclose to any person, any Website content, other than as expressly permitted by these Terms of Use;
(c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;
(d) use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;
(e) reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s source code, formulas or processes;
(f) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;
(g) use, obtain or attempt to obtain from this Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;
(h) post, distribute or send any ‘spamming material’ or any other form of bulk communication;
(i) refuse cooperation in any investigation relevant to the Website or Services and/or your use of the Website or Services;
(j) refuse to provide requested confirmation of your identity or any information you provide to us;
(k) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address; or
(l) use our Services in a way that will not result in complaints, disputes or claims, whether or not resulting in any financial cost or other liability to us or you.

7.4 You are not permitted to use this Website in any unlawful or fraudulent manner.

7.5 You agree that if you provide any information on this Website, that information will be true, accurate and complete.

7.6 You warrant that when accessing and using the Mortgage Makers (VIC) Pty Ltd websites you will not use any website for any purpose that is unlawful or prohibited by these Website Terms or any other term, notice or disclaimer appearing on the Mortgage Makers (VIC) Pty Ltd websites. You also agree to not use the Mortgage Makers (VIC) Pty Ltd websites in any way that interferes with other users.

7.7 You agree to not breach or circumvent, or attempt to breach or circumvent, any security measures on the Mortgage Makers (VIC) Pty Ltd websites (including ‘hacking’ those websites) or attempt to obtain access to secure or member parts of the Mortgage Makers (VIC) Pty Ltd websites without authorisation.

7.8 Mortgage Makers (VIC) Pty Ltd retains the right to monitor your use of the Mortgage Makers (VIC) Pty Ltd websites and prevent further access at any time in its discretion.

7.9 Social Media: Mortgage Makers (VIC) Pty Ltd reserves the right to moderate content posted to our social media platforms. Any material that is deemed offensive, defamatory, unsafe, misleading, or unacceptable, will be deleted.

8. Registering an account

8.1 This Website allows you to create a personal account. This Website may allow you to sign in to your personal account by generating a standard username and password, or by using your social media username and password. Any such account or access details provided or created by you will be referred to collectively as “Login Details”.

8.2 In all cases, if you create a personal account, you agree that:

(a) your Login Details must be used by you only;
(b) you will keep your Login Details secure and confidential at all times and will not disclose these to any other person. For security purposes we recommend that you change your password at least once every 6 months;
(c) you are responsible for all actions that take place as a result of access to this Website’s services via your Login Details; and
(d) any breach of these Terms of Use under your Login Details will be treated as a breach by you.

8.3 If you believe that the security of your Login Details is compromised you must notify us in writing immediately, but in any event you should change your password immediately. We will not be liable for any loss you incur due to any unauthorised use of your Login Details (including if someone else accesses your account through Login Details they have obtained from you or through a violation by you of these Terms of Use).

8.4 We may disable or close your account at any time as a result of any suspected or actual unauthorised use of your Login Details and we will notify you by using the contact details that you have previously provided.

9. Terminating and suspension of your account

We reserve the right to terminate, suspend or otherwise limit your access to or use of our services if we believe on reasonable grounds that you are breaching these terms or engaging in unlawful behaviour, and this may be done without any prior notice to you.

You may terminate your Loaninja account at any time by notifying Loaninja of your termination by emailing hello@loaninja.com.au with your request.

Your Loaninja account will be terminated as soon as practicable and you will be unsubscribed from all our direct marketing. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately. If you wish to access Loaninja services again in the future, you can do so by registering for an account using the standard online registration process.

10. Disclaimer

10.1 This Website is intended to be used for general information and research purposes, but loaninja is not able to bind any third party provider or ensure that any third party provider sells any product to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to: (a) sell any product to you; or (b) enter into any contract with you.

10.2 Information supplied: The content of Mortgage Makers (VIC) Pty Ltd websites are provided for information purposes only. The information contained on this website has been compiled from various data sources and is based on the best available information present at the time. Every effort has been made to ensure the information is accurate at the time of publication however it is subject to change and so if necessary can be verified via the source of the data as listed.

While we have taken all reasonable care in producing the information contained on this site, we do not promise that it contains all the information you need to answer all your questions. Mortgage Makers (VIC) Pty Ltd does not guarantee the accuracy of information provided by third parties linked to this site. Mortgage Makers (VIC) Pty Ltd takes no responsibility for errors or omissions within the site and provides the information as a guide only.

Consumers should confirm with lenders the full details of price, product, service and features before making buying or investment decisions. These decisions depend on individual requirements.

10.3 Information accuracy: Information provided on the Mortgage Makers (VIC) Pty Ltd websites:

• is intended for Australian residents only and may not comply with non-Australian laws;
• is of a general nature and does not take into account your individual circumstances, financial needs
or objectives;
• is not intended to be investment advice nor a recommendation or statement of opinion about any
particular financial product or class of financial products. As a result, it should not be relied upon in
acquiring any product or service offered by Mortgage Makers (VIC) Pty Ltd; and
• is provided in good faith and derived from sources believed to be accurate and current at the date of
publication.

Mortgage Makers (VIC) Pty Ltd does not guarantee the accuracy, adequacy or completeness of information on the Mortgage Makers (VIC) Pty Ltd websites or that those websites are otherwise free from error, omission or other defect. Mortgage Makers (VIC) Pty Ltd reserves the right to change any information provided on Mortgage Makers (VIC) Pty Ltd websites without notice. Unless otherwise specified, all references to currency are to Australian dollars.

10.4 Calculators: Calculators and calculations performed at or via links to the website are estimations and guides only. They are not quotations or approvals from any particular lender. They are provided for illustrative purposes only and are based on the accuracy of information provided. All applications for credit are subject to the particular lenders’ normal credit approval criteria.

10.5 Advice: Mortgage Makers (VIC) Pty Ltd is not a credit provider. Content on the website is for information purposes only and does not constitute investment advice. Any incidental information supplied regarding taxation, legal or investment issues should be confirmed with the appropriate licensed practitioner in that area. Mortgage Makers (VIC) Pty Ltd is not conducting a financial services business as outlined in the Financial Services Reform Act and strongly suggest if consumers require formal advice to obtain independent legal or financial counsel.

11. Intellectual property rights

11.1 The word or mark “loaninja” however represented, all associated logos and symbols, and any combinations with another word or mark, are trademarks which are registered or under application by Mortgage Makers (VIC) Pty Ltd.

11.2 All intellectual property rights in any material or content contained in or accessible via this Website is either owned by Mortgage Makers (VIC) Pty Ltd or has been licensed to us for use by us.

11.3 You will only make fair use of the trademarks on this Website and will not use them:

(a) as part of your own marks;
(b) in a manner which is likely to cause confusion or damage to the reputation of loaninja; or
(c) to identify or imply endorsement or otherwise of products or services to which they do not relate.

11.4 Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to loaninja or our licensors in and relating to this Website (including any content or material displayed on this Website) may be used, copied, published or distributed by you without our prior written consent.

12. Exclusions of liability

12.1 This Website, content and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.

To the extent permitted by law, and if not then to the re-supply of such information, Mortgage Makers (VIC) Pty Ltd accepts no liability for any loss or damage (including indirect, special or consequential loss or damage) to any person arising from the use of or reliance upon information contained, in or accessed through, this web-site. Mortgage Makers (VIC) Pty Ltd does not accept any liability for information contained in websites which may be linked to this website.

12.2 We try to ensure that the information displayed on this Website is accurate, however your access to this Website and any action you carry out on the basis of information you obtain from this Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.

The user expressly agrees that use of Mortgage Makers (VIC) Pty Ltd information is at the user’s sole risk. Neither Mortgage Makers (VIC) Pty Ltd, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that Mortgage Makers (VIC) Pty Ltd will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of Mortgage Makers (VIC) Pty Ltd information, or as to the accuracy, reliability or content of any information or service provided through Mortgage Makers (VIC) Pty Ltd.

12.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

12.4 We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.

12.5 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

(a) your use of, reliance upon or inability to use this Website or content;
(b) the deletion with or without notice or cause of any of your data or information stored on this Website;
(c) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Website at any time;
(d) the removal from this Website of any content or communications sent or posted by you on or via this Website;
(e) any circumstance that is outside of our reasonable control; and
(f) any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.

12.6 This disclaimer of liability applies to any damages or injury from any cause including, without limitation, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence or under any other cause of action. The user specifically acknowledges that Mortgage Makers (VIC) Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users or their parties and that the risk of injury from the foregoing rests entirely with the user.

In no event will Mortgage Makers (VIC) Pty Ltd, or its agents or affiliates be liable for any damages, including (without limitation) direct, indirect, consequential, special, incidental or punitive damages arising out of the use (or of inability to use) of information provided by Mortgage Makers (VIC) Pty Ltd, and the user hereby acknowledges that the provisions of this section shall apply to all content provided by Mortgage Makers (VIC) Pty Ltd.

12.7 Prior to the execution of credit documentation with any lenders, users are advised to consult with their financial adviser. Mortgage Makers (VIC) Pty Ltd shall have no liability for investment decisions based upon the information provided by Mortgage Makers (VIC) Pty Ltd, and Mortgage Makers (VIC) Pty Ltd does not warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. No warranties as to the results obtained from the use of the information are provided.

12.8 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.

13. Indemnity

13.1 You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred by us and/or our related parties in connection with any third party claim of any kind arising out of:

(a) your breach of these Terms of Use or your use of this Website, or
(b) comments, materials or content you submit or post to or transmit through the website.

14. Third party links

14.1 We have a number of links on this Website. These may take you to other websites. The purpose of these links is to provide you with easy access to further information you may need in making your purchase decision. In no circumstances do we make representations about the accuracy of any information contained on any other websites. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party site.

14.2 The Mortgage Makers (VIC) Pty Ltd websites may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under Mortgage Makers (VIC) Pty Ltd control, and Mortgage Makers (VIC) Pty Ltd is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Mortgage Makers (VIC) Pty Ltd provides these hyperlinks as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Mortgage Makers (VIC) Pty Ltd. You agree to access any such third party website entirely at your own risk.

If you have any questions concerning this Website or the services and products we provide, please contact us.

15. General

15.1 If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.

15.2 You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.

15.3 These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).

15.4 No waiver: if we do not enforce any of our rights under these or any other terms, that is not to be interpreted as meaning we have waived those or any of our rights. If any of the Terms are found to be invalid or unenforceable, the remaining Terms will remain in effect.

16. Governing law

16.1 These Terms of Use and your access to and use of this Website is governed by and will be interpreted in accordance with the laws of Victoria, Australia.

16.2 Each of you and us submits to the non-exclusive jurisdiction of the courts of Victoria, Australia in connection with these Terms of Use and your access to and use of this Website.

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