Terms and Conditions
InterestRate.com.au Pty Ltd
ABN: 28 095 074 089
(“InterestRate.com.au”)
Last Amended: [20-2-2004]

1. The function and purpose of this web site

1.1 InterestRate.com.au, amongst other things:

(a) publishes information provided by third parties ("Lenders") about Lender's products and services (“Lenders’ Products & Services”);

(b) upon your request, transmits to relevant Lender(s) your enquiry in relation to the Lender's Services; and

(c) provides information on a range of home loan and credit card options as well as tips about buying and selling and renovating homes (collectively referred to as the “Services”)

1.2 InterestRate.com.au and/or any affiliate web site that links to or incorporates the functionality of the InterestRate.com.au web site may receive payment from a Lender or, in the case of an affiliate, from InterestRate.com.au, based on loans made to you by Lenders as a result of your use of the Services.

2. Acceptance of terms and conditions

2.1 By using any of the Services you acknowledge that you have read and agree to be bound by these terms and conditions (and the privacy policy contained on this web site) as amended from time to time (“Terms and Conditions”).

2.2 InterestRate.com.au may, in its absolute discretion, modify or amend these Terms and Conditions from time to time and such modifications or amendments will be binding upon you once displayed on this web site. You agree to be bound by these Terms and Conditions as so amended and your continued use of this web site and/or the Services will constitute your agreement to be bound by these Terms and Conditions as amended.

3. Warranties provided by you

3.1 You warrant and acknowledge that:

(a) you have the legal capacity to enter into a legally binding contract;

(b) the information you provide on this web site and/or to InterestRate.com.au is:

1. correct, complete and current;
2. not misleading or deceptive or likely to mislead or deceive; and
3. free from any programming bugs or computer viruses, faults or errors;

(c) you will comply with these Terms and Conditions at all times;

(d) you will not use this web site or the Services for any illegal or fraudulent purpose;

(e) you will not impede the use of this web site by any person;

(f) you will not act in a way that, in the sole and absolute opinion of InterestRate.com.au, is likely to be detrimental to the interests of InterestRate.com.au; and

(g) you will maintain the secrecy and confidentiality of all username and password information that may be required by you to access the Services and you will immediately notify InterestRate.com.au if your password has been lost, stolen or compromised in any way; and you will not impersonate any other person or allow any other person to impersonate you or make use of your username or password.

3.2 To enable InterestRate.com.au to provide the Services to you, you hereby grant InterestRate.com.au a non exclusive, royalty free, perpetual irrevocable licence to use any material you post, upload or otherwise transmit on or to this web site.

4. Information provided by third parties

4.1 This web site may contain links to third party web sites and may contain information provided by third parties.

4.2 You acknowledge and agree that insofar as goods/services (and/or information about goods/services, including, but not limited to Lender’s Products & Services and the information about Lenders’ Products & Services) are offered on or through this web site by third parties (collectively referred to as the “Third Parties”):

 

(a) the information published on this web site about the goods or services of Third Parties are provided by those Third Parties. InterestRate.com.au is not responsible for the information published by the Third Parties and InterestRate.com.au simply acts as a medium for the publication of such information;

(b) InterestRate.com.au does not endorse or recommend any goods or services provided by the Third Parties;

(c) InterestRate.com.au does not act as an agent or broker of the Third Parties nor does InterestRate.com.au act as your agent or broker in relation to goods or services provided by the Third Parties;

(d) InterestRate.com.au does not arrange contracts between you and the Third Parties;

(e) InterestRate.com.au has no right or power to bind either you or the Third Parties in relation to a Third Party’s goods/services;

(f) any agreement entered into with a Third Party as a result of your use of this web site is an agreement between the Third Party and you;

(g) InterestRate.com.au does not provide advice to you in relation to the goods/services offered by the Third Parties;

(h) InterestRate.com.au does not provide any warranties in relation to the goods/services provided by the Third Parties and will not be liable to you or any third party for any failure, wrong or default of a Third Party;

(i) InterestRate.com.au will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Third Party; and

(j) InterestRate.com.au takes no responsibility for the content of any Third Party web site that links to or from this web site.

5. Limitation of Liability

5.1 You acknowledge and agree that:

(a) the Services do not constitute credit, financial or investment advice and that InterestRate.com.au does not act as a credit, financial or investment or other professional adviser;

(b) the Services may not be appropriate, correct or sufficient for your particular situation;

(c) the Services are provided as general information only and are not provided as professional or expert advice, and are not a substitute for such advice, and accordingly, you should obtain independent professional advice to address your particular situation;

(d) InterestRate.com.au does not warrant or guarantee that this web site will be error free or that you will have continuous uninterrupted access to this web site;

(e) InterestRate.com.au may at any time, modify or discontinue all or part of the Services.

5.2 To the full extent permitted by law, InterestRate.com.au, its directors, officers, employees, agents, contractors and related bodies corporate, will be under no liability to you or to any person in respect of any costs, expenses, liabilities, claims, demands, proceedings, losses or damage (including consequential and special loss or damage), which may be suffered or incurred or which may result or arise directly or indirectly from or in connection with:

(a) your breach of these Terms and Conditions;

(b) any use of this web site or reliance on the information contained on this web site for whatever reason;

(c) any transaction entered into through or via this web site;

(d) the provision or non-provision of the Services or any other products or services provided (or to be provided) by InterestRate.com.au to you or to any other party;

whether or not such costs, expenses, liabilities, claims, demands, proceedings, losses or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

5.3 If any law prohibits the exclusion of any implied term or liability referred to in clauses 5.1 and 5.2, InterestRate.com.au limits its liability to the extent permitted by the law and at its option to one or more of the following:

(a) if the breach relates to goods provided by InterestRate.com.au:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iii) the repair of the goods;

(b) if the breach relates to services supplied by InterestRate.com.au:

(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again;

(c) if the breach relates to the supply of information by InterestRate.com.au, to the re-supply of such information.

6. Intellectual Property

Unless otherwise provided, all intellectual property (including but not limited copyright and trade marks) in the brands, graphics, names, information, systems, processes, concepts and all other material on this web site are owned by or licensed to InterestRate.com.au. Except as permitted by the Copyright Act 1968 (Cth), no part of this web site may be copied, altered, modified or reproduced by any process without the specific prior written permission of InterestRate.com.au.

7. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in the State of Victoria, Australia.

8. Entire Agreement

These Terms and Conditions set out the entire agreement and understanding between you and InterestRate.com.au and supersedes all prior agreements, understandings, representations and warranties, whether express or implied.

9. Provisions Severable

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the remaining terms and conditions shall continue in full force and effect and such invalid, illegal or unenforceable provision shall be deemed not to be a part of these Terms and Conditions.

7. Wishlist Promotion

Interestrate.com.au has banded together with one of Australia’s most popular gift companies, Wishlist.com.au to provide you with rewards to the value of $420* when a loan is organised through Interestrate.com.au using St George Bank and Westpac Bank Residential and Investment loan products. Minimum loan amount $220,000.

*Conditions.

• Minimum drawn down loan amount of $220,000 or minimum $220,000 increase for existing St George Bank / Westpac Bank customers.
• One or more gifts to a maximum value of $420. If choosing multiple gifts, items can only be delivered to one delivery address
• Gift(s) are only available via interestrate.com.au while accessing residential mortgage products of St George bank and Westpac Bank.  
• Gift(s) must be ordered and delivered via Interestrate.com.au within 2 months of loan settlement.
• Gift(s) subject to availability.
• This information is current as at June 2006 and subject to change without notice.
• This promotion is operated by interestrate.com.au. Neither St George Bank or Westpac Bank has underwritten the promotion nor accepted any liability in relation thereto.

**Conditions.

• Any offer of finance is subject to approval by the lender and normal lending terms and conditions will apply.

Some Loan Features and Services include**:

• Borrow up to 85% of valuation without mortgage insurance
• Discounts of up to 0.7% of variable rate home and investments loans
• Nil establishment fees
• Access to senior loan mangers from the banks not mortgage broker

8. Openness and Privacy Queries

This privacy policy shall be made available to anyone upon request. Further information is available by contacting InterestRate.com.au at the address or telephone number below.

InterestRate.com.au Pty Ltd
Ph: 1300 850 185
Information@InterestRate.com.au