Terms of Use - Mates Rates Mortgage

Acceptance of Terms of Use

This page states terms and conditions under which you are authorised to use this website (“Agreement”). Please read this page carefully.

Your use of this website hereby constitutes acceptance of this Agreement. As such you acknowledge that you have:

(a) Read and acknowledge this Agreement carefully; and
(b) Accept this Agreement in its entirety.

The copyright holder reserves the right to revise this Agreement at any time, at their sole discretion, by updating this posting (“Amended Agreement”). You agree to review this Agreement periodically so that you are aware of any such updates and/or amendments, at which time you may either agree to such changes or discontinue the further use of this website. Your continued use of this website after the copyright holder posts such updates and/or amendments will constitute your acknowledgement and acceptance of the Amended Agreement and the updates and/or amendments in the Amended Agreement.

1. Trademarks

All trademarks, product names and company names or logos cited herein are the property of their respective owners.

2. Copyright

Any information, documents, graphics, software, products or services obtained from this website (“Content”) is protected by copyright laws under both Australian and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of same. All content on this website is subject to and protected by Copyright © 2008 ALL RIGHTS RESERVED.

3. Intellectual Property

You acknowledge and accept that the Copyright holder shall retain all copyright and other intellectual property in any Content and you have no claim now or in the future in relation to the copyright and other intellectual property of the Copyright holder.

4. Limits on Use

This website is owned and operated by the Copyright holder, and is for your personal, non-commercial use. You acknowledge and accept that you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way the Content of this website. You may view the Content in its present form and you may download on any single computer one (1) copy of the Content for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. The use of any of the Content on any other website or networked computer environment is strictly prohibited.

You agree and acknowledge that any that unauthorised use of the Content may subject you to civil or criminal liability.

5. Disclaimer of Warranties

The content published on this website may include inaccuracies or typographical errors. The Copyright holder does not warrant or make any representations regarding the use or the results of the use of the content on website site in terms of their correctness, accuracy, reliability or otherwise. You acknowledge that you are solely liable for the entire cost of all necessary repair or correction or consequential loss. Where law prevents this exclusion, liability of the copyright holder shall be limited to the amount of money paid by you for the use of their services.

The content of this website is for information purposes only and must not be relied on as a substitute for professional or legal advice. You should obtain independent legal and professional advice before action on any information idea or concept stated or implied on this site to assess its suitability for your own personal circumstances.

The Copyright holder does not warrant that the functions contained in it’s website content will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are free of viruses or other harmful content.

6. Disclaimer of Consequential Damages

In no event shall the Copyright holder, its content suppliers, or any third parties mentioned at this website be held liable for any direct, indirect, punitive, incidental or special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, for the content obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise. Where law prevents this exclusion, liability shall be limited to the extent permitted by law and the Copyright holder shall be limited to the amount of money paid by you for the use of their services.

7. Third Party Content on Site

You acknowledge and agree that this Web site may contain Content provided by other users, Content suppliers and other third parties. The copyright holder makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third-party Content or any other Content that such third-party Content may access. The Copyright holder expressly disclaims responsibility and liability for all third-party provided Content contained or accessible through this website.

8. Links to Other Sites

This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Copyright holder of the Content on such third-party websites. The Copyright holder is not responsible for the Content of any linked third-party websites and does not make any representations regarding the Content or accuracy of any Content on such third-party websites. If you decide to access linked third-party websites, you acknowledge and agree that you do so at your own risk.

9. Limitation of Liability Force Majeure and Indemnity from Liability to Third Parties

Without limiting the effect of Clause 10 and to the full extent permitted by law, the Copyright holder, its servants and agents shall not be responsible for loss or damage of any kind whatsoever, arising in or out of, or in any way connected with, whether direct or indirect, its Content and website (whether caused by negligence or wilful default by the Copyright holder, its servants or agents).

You acknowledge and accept that unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for the Copyright holder and its Content suppliers to you for all claims arising from the use of the Content (including Software) is strictly limited to $100;

The Copyright holder shall not be held liable in any event for any consequential loss whether or not the Copyright holder had knowledge or ought to have had knowledge that such damage might be or would were reasonably likely to be incurred.

10. Indemnity

Without limiting the effect of these Terms of Use, you acknowledge and agree to defend, indemnify and keep indemnified, and hold harmless the Copyright holder and all of its officers, directors, employees, agents and Content suppliers, from and against any and all claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of this website and the Content (including without limitation, Software) or your breach of this Agreement. You acknowledge and agree that you will indemnify and keep indemnified the Copyright holder from any breach of these Terms of Use. The Copyright holder shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your own expense, in defending any such claim, suit or proceeding.

11. Export Control

Australia controls the export of products and information. You acknowledge and agree to comply with such restrictions and not to export or re-export the Content (including Software to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are acknowledging and agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You acknowledge and agree that you are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

12. General

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content obtained from any and all the Copyright holders’ websites and all related documentation and copies and installations thereof, whether made under the terms and conditions of this Agreement, or otherwise. This Agreement will terminate immediately without notice from the Copyright holder if, in the Copyright holder’s sole discretion, you fail to comply with any of the Terms of Use in this Agreement. Upon termination, you must destroy all Content obtained from the website and any and all other of the Copyright holder’s websites and all copies thereof, whether made under the Terms of Use of this Agreement, or otherwise. This website is based in Sydney, NSW, Australia. The Copyright holder makes no claims that the Content is appropriate or may be downloaded outside of NSW. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access this website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of NSW, Australia, without respect to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Content on particular web pages, this Agreement constitutes the entire Agreement between you and the copyright holder with respect to the use of this website. The Copyright holder reserves the right to make changes to this website and to this Agreement at any time without notice.

13. Notification of Liability

Any claim for loss or damage must be notified in writing to the Copyright holder in writing.

14. Choice of Laws/Venues

You agree that any disputes involving this website shall be adjudicated to any Court located in NSW, Australia and you agree to submit to the exclusive jurisdiction of the Courts in NSW, Australia.