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Terms of Use

SWITCHMYLOAN PTY LTD

ABN: 23 155 529 605

Australian Credit Licence number: 419962

Level 6, 108 St Georges Terrace

Perth, WA, AUSTRALIA 6000



This Website at www.switchmyloan.com.au (“Website”) is operated by SWITCHMYLOAN PTY LTD ABN 23 155 529 605, a member of the Pioneer Credit Limited Group (“Pioneer Credit Group”) under the domain name www.switchmyloan.com.au. (“SWITCHMYLOAN”, “We”, “Us”, “Our”).

This is an agreement between you as the Website user and SWITCHMYLOAN. 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.

You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use.

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 reserves any rights not expressly granted in these Terms of Use.

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/s of the Website. You are bound by any additional terms, therefore these terms should be reviewed whenever they are accessible on the Website. These additional terms include, but are not limited to The Pioneer Credit Group’s Privacy & Credit Information Policy Statement (“the Privacy Policy”).



1. What we do/nature of service


SWITCHMYLOAN offers a service in respect of home loans (“Service/s”) providing comparisons and information about third party financial products and services for the information of consumers (“you”).

SWITCHMYLOAN does not provide financial advice nor does it make recommendations about any product or service. We provide an information service only, and the comparisons do not take into account your current/future financial situation/needs or specific objectives. Services offered by SWITCHMYLOAN or products offered by third parties are not intended as and do not constitute a recommendation of a financial product or 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 offering the products and services you may be interested in. You should seek independent financial advice prior to applying for any product or service with the financial institution we have referred you to. You should also check and confirm with the third party financial institution 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. Commissions


SWITCHMYLOAN may receive commissions from financial institutions we referred you to after the successful settlement of your home loan, after you have been introduced by SWITCHMYLOAN to the financial institution. Commissions are paid by the 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 the financial institution to sign a document of disclosure which details the nature of commissions received by SWITCHMYLOAN.



3. Warranties and indemnities provided by you


You Warrant and Acknowledge that:


4. Links to other websites


The Website may contain links to other websites operated by third parties (“Third Party Websites”). We do not endorse, or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites.


5. Information Provided By Third Parties


The 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.
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 being 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.

6. Limitation of liability and indemnity


Subject to any responsibilities implied by law and which cannot be excluded, no member of SWITCHMYLOAN is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Website or to material of any third party, whether in contract, tort, including negligence, statute or otherwise.
Liability to any member of SWITCHMYLOAN for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at SWITCHMYLOAN’s option to the:-
a) supply of the goods or services again;
b) the repair of the goods; or
c) the payment of the cost of having the goods or services supplied again or repaired.

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, or we have the licence to use the information graphics and material displayed, and is protected by copyright, trademark and other laws.
SWITCHMYLOAN is the exclusive owner, or licenced user, of all interest, right, title in all trademarks, copyright, patents, intellectual property rights in and all interfaces, processes, templates, fonts, software, text, data, information, designs, logos, icons, and all other works of any kind incorporated into forming any part of the the Website or arising from the Services. Except as otherwise permitted by the Copyright Act 1968 (Cth), no part of the Website may be copied, altered, modified, reproduced, adapted, or communicated to the public of any part of the content or works of any kind or forming part of the Website, without express written permission from SWITCHMYLOAN.


Third Party Links and Advertising


The SWITCHMYLOAN Website may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. We do not endorse or recommend advertisers, their products or services, or the information, products or services of any website linked to the Website.

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.

Relationship


Except where these Terms of Use expressly state otherwise, they do not create a relationship of employment, trust, agency or partnership between the parties.

Survival


Any indemnity or any obligation of confidence under the Term of Use is independent and survives termination of these Terms of Use. Any other term by its nature intended to survive termination also survives termination of these Terms of Use.

Entire Agreement


These Terms of Use set out the entire agreement and understanding between you and SWITCHMYLOAN. The Terms of Use supersedes all prior agreements, understandings, representations and warranties, whether express or implied, oral or in writing. 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 and Disputes


SWITCHMYLOAN is a member of the Credit & Investments Ombudsman for external dispute resolution in financial services. They can be contacted on 1800 138 422, or by post; PO Box A252 South Sydney NSW 1235 (Australia).

You must not start court proceedings (except proceedings seeking interlocutory relief) unless you have complied with this clause. If you claim that a dispute, difference or question arising out of these Terms of Use, including a question as to whether certain services are in scope or not, has arisen (Dispute), you must give SWITCHMYLOAN notice of the details of the Dispute (Dispute Notice).

When a Dispute Notice is given, the parties must refer the Dispute to the Principal, Chief Executive Officers, Managing Directors or other senior officers of each party for discussion and negotiation. If the parties cannot resolve a Dispute in accordance with this escalation procedure, either party may commence court proceedings. The parties must continue to perform their respective obligations under these Terms of Use pending the resolution of a Dispute. Each party must pay its own costs of complying with this clause.


Notices


Any notice, demand, consent, approval or communication under these Terms of Use must be in writing, in English and sent by email to contact@switchmyloan.com.au or to the email address provided by you.