Terms of Use

Switchmyloan Pty Ltd
ABN: 23155529605
ACL: 419962
PO BOX 392 Canning Vale
Perth, WA, AUSTRALIA 6155

This Website at www.switchmyloan.com.au (“Website”) is operated by Switchmyloan Pty Ltd ABN 23155529605 (“SwitchMyLoan”, “We”, “Us”, “Our”). Your use of this Website is subject to these Terms of Use. You should read the Terms of Use carefully before using the information and services available through the Website.

If you continue to use the Website it means that you accept all of the Terms of Use. If you do not agree with the Terms of Use, you should stop using the Website immediately. SwitchMyLoan reserves the right to amend, modify, add to or delete any of the Terms of Use from time to time, and those modifications will take effect as soon as they are displayed on the Website.

SwitchMyLoan may also display additional terms on the Website from time to time which form part of the Terms of Use and apply to your use of, and access to, certain section of the Website. These additional terms include but are not limited to SwitchMyLoan’s Privacy Policy. Since you are also bound by these additional terms, you should review them whenever they are accessible to you on the Website.

1. What We Do/Nature of Service

SwitchMyLoan offers a comparison service in respect of Home Loans (“Service/s”) that provides comparisons and information about third parties financial products and services for the information of consumers (“you”). If you have been redirected to this Website from our advertising partners, it is important you understand that Website is 100% controlled by SwitchMyLoan, and not the Website which you have been referred by to access to this Website.

SwitchMyLoan does not make recommendations about any product or service, we provide an information service only, and the comparisons don’t take into account your current/future financial situations/needs or specific objectives and you should consider these things before making any decisions. Services offered by SwitchMyLoan or Products offered by Third Parties are not intended as and do not constitute a recommendation of a financial product of service, or financial legal or any other form of advice. We do not suggest or recommend that you apply for any particular credit contract with any particular credit provider. We refer your enquiries directly to the financial institution you wish to make an enquiry with about products and services offered by the third party. You should seek independent financial advice prior to applying with the financial institution you have made an enquiry with. You should also check and confirm with the third party about the accuracy of details provided on this Website about their products and services.

Your use of our Services is permitted strictly on the above basis.

2. Privacy Policy

In conjunction with the Terms of Use, the privacy policy forms part of the Terms of Use, you should read SwitchMyLoans Privacy Policy which is located here. http://www.switchmyloan.com.au/privacy

3. Commissions

SwitchMyLoan may receive commissions from financial institutions after your successful settlement of your home loan, after you have been introduced by SwitchMyLoan to the financial institution. It is important you understand that commissions are paid by financial institution and not by you. All rates of commission payable to SwitchMyLoan from the specific financial institution are made available after you successfully submit an enquiry with SwitchMyLoan via e-mail. You may also be asked by a financial institution you make contact with to sign a document of disclosure which details the nature of commissions received by SwitchMyLoan.

4. Warranties Provided By You

You Warrant and Acknowledge that;

1. You are over the age of 18, and you have the legal capacity to enter into a binding contract;

2. The information that you provide to SwitchMyLoan is;

a) Correct, current, and complete;
b) Not misleading, deceptive or likely to mislead or deceive;
c) Free from any viruses, faults or bugs;

3. You will not use this Website or Service for any fraudulent purpose;

4. Agree not to act in any way that is detrimental to SwitchMyLoan’s interests;

5. You will comply with the Terms of Use at all times;

6. You will not impede the use of this Website by any person;

7. To enable SwitchMyLoan to provide the Services to you, you hereby grant SwitchMyLoan a non-exclusive, royalty free, perpetual irrevocable licence to use any material you post, upload or otherwise transmit on or to SwitchMyLoan’s Website.

5. Disclaimer

SwitchMyLoan disclaims any and all warranties, express and implied, to the extent permitted by law relating to the Website or the Services. Use of any of the content of this Website is at your sole risk.

It is entirely your responsibility to ensure that any Product or Service is satisfactory for your intended purpose, and that is satisfactory for your requirements.

Further, SwitchMyLoan does not accept any responsibility arising from any damage, or loss, however caused, including through negligence, which you as a user of SwitchMyLoan’s Website, or Service may directly or indirectly suffer in connection with the use of SwitchMyLoan’s Website or service. We do not accept any responsibility for any losses arising from your use or reliance on any information contained on or accessed on SwitchMyLoan’s Website.

SwitchMyLoan does not warrant that any information submitted to the Website is protected against any loss, alteration by third parties, or misuse. SwitchMyLoan does not warrant that we will forward any information that you provide as part of an enquiry process to financial institutions. At SwitchMyLoan’s sole discretion to pass your information that you have provided to us, we do not warrant that the information that you have provided to SwitchMyLoan will be given to financial institutions within any certain timeframe.

6. Information Provided By Third Parties

The products that are displayed on the Website are not provided by SwitchMyLoan and are provided by the third parties over whom SwithMyLoan has no control. SwitchMyLoan accepts no liability for any products or services or information provided by third party providers. Without limiting this:

a) SwitchMyLoan provides a comparison service only and does not act as an agent, broker of any Third Parties in relation to any products and services provided by Third Parties;
b) SwitchMyLoan does not arrange Contracts between you and Third parties;
c) any agreement that you have entered as a result of using SwitchMyLoan’s Services is between you and the Third Party, and never between SwitchMyLoan, you and the Third Party;
d) SwitchMyLoan does not endorse any products, services of goods provided by Third Parties contained in the Website;
e) SwitchMyLoan is not responsible for any dispute that you may have with the Third Party;
f) SwitchMyLoan takes no responsibility of any information from any third parties product information or service on its accuracy, or completeness;
g) SwitchMyLoan does not provide any advice in relation to any products or services offered by Third Parties on this Website.

You should be aware that changing nature of offerings by Third Parties in the provision of financial products may result in savings that are less or greater than indicated by the comparisons provided by using the Service.

You are advised that new Products and Services may be introduced, or existing Products and Services may be modified, revoked, replaced, or removed with or without notice. Whilst SwitchMyLoan endeavours to update the Website within a reasonable timeframe after been notified, or being made aware of such changes by Third Parties, SwitchMyLoan cannot accept any liability should any Third Party Product or Service provide misleading, inaccurate, or incomplete information which SwitchMyLoan takes in good faith, or if Third Parties fail to notify SwitchMyLoan of changes to their Products or Services.

This Website contains links to websites maintained by other organisations. We do not make any representations as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspects of the information contained on those websites.

7. Limitation of liability and indemnity

To the fullest extent permitted by Law, SwitchMyLoan, related entities, affiliates renounce and exclude all conditions, warranties and representations whether express or implied under law, statute or custom, with respect to any content, the Services, or Products contained in SwitchMyLoan’s Website including without limitation in respect to;

a) merchantability or fitness for a particular purpose;
b) free from any computer viruses or bugs;
c) suitability of any Products or Services;
d) the Services provided by SwitchMyLoan do not constitute credit, financial, or investment advice and that SwitchMyLoan does not act as credit, financial or investment advisor;
e) the Services and comparisons provided are of a general nature only, and should not be substituted for professional financial advice, you should obtain independent professional advice for you particular financial situation;
f) the accuracy or completeness of any information provided to SwitchMyLoan by Third Party product providers.
g) any delay, errors or interruptions or omissions in using the Website, Products or Services.

To the fullest extent permitted by law, SwitchMyLoan, it’ s shareholders, directors, employers, contractors, affiliates, service producers will not be held liable by You or any other person for any liability, expense, claims, demands, loss, proceedings, damage, court costs (including consequential and peripheral), which may suffered, incurred, or underwent that arise directly or indirectly with;

a) the use of SwitchMyLoan’s Website or relying on information contained in the Website for whatever reason.
b) any damage or loss caused, inflicted by you or any other third party, whether by financial loss, damage to any property, or delay arising from or incidental use of SwitchMyLoan’s Website and/or Product of Service
c) any transaction that you have entered into as a result of using this Website, or Products or Services contain and offered by SwitchMyLoan or its Third Parties
d) Whether or not any liability, expense, claims, demands, loss, damage, and proceedings was a result of negligent omission or act, misrepresentation or any other cause whatsoever.

The right of SwitchMyLoan to be indemnified in clause 5 and 6 in addition to, any other power, right or remedy provided by law.

You agree to indemnify SwitchMyLoan, our related companies, our employees, our directors, our agents, and our contractors against all liability, claim, loss, expense, damage which you incur as a result of your dealings with any financial institution.

Without limiting this, SwitchMyLoan will not be liable to any person or entity for any direct, indirect, consequential, incidental or other damages for any errors in the content on this Website, or for the use of any content, including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised SwitchMyLoan of the possible of such damages.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability for any breach of that condition or warranty will be limited to any one or more of the following (at our discretion):

if the breach relates to goods:

a) the replacement of the goods or the supply of equivalent goods;
b) the repair of such goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired; and

if the breach relates to services;

e) the supplying of the services again; or
f) the payment of the cost of having the services supplied again.

SwitchMyLoan has taken all reasonable care in producing this Website but we cannot guarantee it has all the information you need to answer all your questions. For information and assistance call us on 1300 307 155. All product details, rates, terms, conditions and other information are subject to change at any time without notice.

Intellectual Property

All information, graphics and material displayed on or available on the Website, and all underlying source code and software, is the exclusive right, title and interest of SwitchMyLoan, and is protected by copyright, trademark and other laws.

SwitchMyloan is the exclusive owner of all interest, right, title in all trademarks, copyright, patents, intellectual property rights in and all interfaces, processes, templates, fronts, software, text, data, information, designs, logos, icons, and all other works of any kind incorporated into forming any part of the SwitchMyLoan Website or arising from the Services. Except as otherwise permitted by the Copyright Act 1968 (Cth), no part of SwitchMyLoan’s Website may be copied, altered, modified, reproduced, adapt, or communicated to the public of any part of the content or works of any kind or forming part of SwitchMyLoan’s Wesbite, without express written permission from SwitchMyLoan.

Governing Law

These Terms of Use are governed by the laws of Western Australia, Australia, and you agree to submit to the non-exclusive jurisdiction of its courts in relation to any matters concerning these Terms of Use.

Entire Agreement

These Terms of Use set out the entire agreement and understanding between you and SwitchMyLoan supersedes all prior agreements, understandings, representations and warranties, whether express or implied, oral or in writing. If there is any inconsistency between the Terms of Use, these Terms of Use will prevail.

If any part of the Terms of use is to be found unlawful, unenforceable or void the specific part will be deemed to be severable from the balance of the Terms of Use, and the severed part will not affect the validity of the remaining provisions in the Terms of Use.

Complaints Handling Procedure

Switchmyloan ABN 23155529605 are members of Australian Financial Ombudsman Service for external dispute resolution in financial services. They can be contacted on 1300 78 08 08, or by post; GPO Box 3 Melbourne VIC 3001 (Australia).