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Terms and Conditions

MORTGAGE MATES
WEBSITE TERMS AND CONDITIONS

INTRODUCTION

  1. These terms and conditions (Terms) apply when you use this website, [www.mortgagemates.co.uk] (Website).
  2. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Daisy Jessica Ashworth ABN 40 447 099 873 of 116 Ladywell Street, Beckenham, Western Australia 6107 trading as ‘Mortgage Mates’ (Mortgage Mates, our, we or us).
  3. If you don’t agree to these Terms, you must refrain from using the Website.
  4. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

DISCLAIMER – NO ADVICE

All information provided on the Website and social media is general information, including information that is provided by us:

  1. on the Website;
  2. via the Matching Tool; or
  3. provided by our personnel via any other website, via email or over the phone.

Nothing on the Website, social media, the Matching Tool, or provided by our personnel is intended to
be professional advice of any kind and it should not be relied on as such.

You should obtain specific mortgage, financial, legal and other professional advice before relying on the content of the Website or the Matching Tool. By not seeking such advice, you accept the risk that the
information on the Website or information provided by the Matching Tool or our personnel, may not
meet your specific needs.

Nothing on the Website, including via the Matching Tool, guarantees any particular outcome for you, and you rely on any information on the Website at your own risk

ACCESS AND USE OF THE WEBSITE

  1. You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

YOUR OBLIGATIONS
You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Mortgage Mates;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of Mortgage Mates, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    1. gaining unauthorised access to Website accounts or data;
    2. scanning, probing or testing the Website for security vulnerabilities;
    3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    4. instigate or participate in a denial-of-service attack against the Website.

ACCOUNTS

  1. ACCOUNTS
    1. In order to use some of the functionality of the Website, including the Matching Tool, you will be required to sign-up, register and receive an account through the Website (an Account).
    2. As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, relationship status, living preferences (including area, residence type), cohabitation preferences, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as determined by Mortgage Mates from time to time.
    3. You agree that you’re solely responsible for:
      1. maintaining the confidentiality and security of your Account information and your password; and
      2. any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
    4. Your Account may include access to a live chat function which you may only use in accordance with these Terms and applicable laws.
    5. You warrant that any information you give to Mortgage Mates in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
    6. Once you complete the Account registration process, Mortgage Mates may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
    7. Mortgage Mates reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
    8. Mortgage Mates may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.
    9. You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
    10. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
    11. You agree to release Mortgage Mates from any and all liability for any loss or damage that arises out of or in connection with information you provide that is not accurate, honest, correct or up-to-date.
  2. ACCOUNT CANCELLATION
    1. (Cancellation by you) You are responsible for the cancellation of your Account. You can cancel your Account at any time by using the functionality provided on the Website.
    2. (Cancellation by us) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Website, including the Matching Tool, at any time without notice, for any reason, provided that we refund to you any fees for Goods or Services which you have paid for and not received. We may also terminate your access to any or all of the Website at any time without notice without issuing a refund if you breach any provision of these Terms.
    3. (Effect of cancellation) Without limiting any other clause in these Terms, upon cancellation, termination or expiry of your Account, we may delete any Posted Materials (defined in clause 1.5) associated with your Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.

POSTED MATERIAL

  1. WARRANTIES
    (Types of content) As part of using the Website, or as part of receiving or ordering Goods or Services, you may upload or send us images, content, information and materials you share with us or the public (including personal or business information, feedback, suggestions and enhancement requests), including by using the features of the Website, emailing us, sharing content on social media or by contacting us, or when you register an Account (Posted Material). You represent and warrant that:

    1. the Posted Material is accurate and true at the time it is provided;
    2. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
    3. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
    4. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
    5. the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
    6. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and
    7. the Posted Material does not breach or infringe any applicable laws.
  2. LICENCE
    1. You grant to Mortgage Mates a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Mortgage Mates to use, exploit or otherwise enjoy the benefit of such Posted Material.
    2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Mortgage Mates from any and all claims that you could assert against Mortgage Mates by virtue of any such moral rights.
    3. You indemnify Mortgage Mates against all damages, losses, costs and expenses incurred by Mortgage Mates arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
  3. REMOVAL
    1. Mortgage Mates acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Mortgage Mates may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the material and/or information.
    2. You agree that you are responsible for keeping and maintaining records of Posted Material.

THE MATCHING TOOL

  1. Mortgage Mates may from time to time offer an algorithmic matching tool on the Website (Matching Tool), that assesses information provided by you, and proposes potential mortgage partners to you, based on that information (Matches).
  2. If you use the Matching Tool, you agree that the information you provide us will be displayed to other users of the Matching Tool.
  3. The criteria the Matching Tool uses to propose Matches may change from time to time, in our absolute discretion.
  4. If the Matching Tool determines that you and another user are a Match, you will both be contacted asking you to confirm your Match and email address. If you and the Match both agree (Completed Match), you will be able to make contact with each other (Email Introduction).
  5. After the Email Introduction, the relationship between you and any Completed Match is between you and that other person, and you release us from any and all liability that may arise in relation to loss or damage you incur in connection with any Match or Completed Match.
  6. You acknowledge and agree that:
    1. the Matching Tool proposes Matches based on the information you provide us, and the information other users of the Website provide us, and we make no guarantees in relation to the Matches beyond that;
    2. we do not guarantee that you will receive any Matches;
    3. the Matching Tool does not verify any information any user provides to us;
    4. beyond incorporating the information you provide to us, the Matches are not specifically tailored to you, and they should not be relied upon as such;
    5. if the Matching Tool provides you with a Match, this does not constitute an endorsement of the relevant person, and we take no responsibility for the actions of that person, or any loss or damage you may incur in connection with that person, or any contract you enter into with them; and
    6. we do not guarantee any particular outcome by proposing a Match, and you rely on the Matching Tool, any Match, or any information provided by a Match, at your own risk.

INFORMATION ON THE WEBSITE

  1. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
    1. the Website will be free from errors or defects;
    2. the Website will be accessible at all times;
    3. messages sent through the Website will be delivered promptly, or delivered at all;
    4. information you receive or supply through the Website will be secure or confidential; or
    5. any information provided through the Website is accurate or true.
  2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

  1. Mortgage Mates retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Mortgage Mates or as permitted by law.

AFFILIATES, LINKS TO OTHER WEBSITES

  1. AFFILIATES
    1. Mortgage Mates works with partners and affiliates (Affiliates) whose websites are linked to the Website, and whose products or services are listed on the Website.
    2. Mortgage Mates has no control over the content or quality of the products or services provided by Affiliates and we make no guarantees about those products or services.
    3. Affiliates are separate entities from Mortgage Mates and Mortgage Mates does not represent or otherwise act on behalf of any Affiliate.
    4. We will take reasonable steps to ensure that we indicate on the Website if we will, or may, receive compensation in relation to Affiliate link.
  2. LINKS TO OTHER WEBSITES
    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
    2. Links to third party websites, including Affiliate websites, are provided for convenience and may not be maintained or remain current. We do not endorse and are not responsible for the content on third party websites and have no control over or rights in them.
    3. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
    4. You may be required to accept additional terms located on third party websites.
  3. SECURITY
    1. Mortgage Mates does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
  4. REPORTING MISUSE
    1. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
  5. PRIVACY
    1. You agree to be bound by our Privacy Policy, which can be found here: Privacy Policy
  6. LIABILITY
    1. We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, you agree to release us from, and indemnify us in relation to, any and all liability that may arise in connection with:
      1. your relationship with any Match or Affiliate;
      2. your use of the Website or the Matching Tool; and
      3. any information or materials set out on the Website.
  7. DISPUTE RESOLUTION
    1. A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
    2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.

GENERAL

  1. GOVERNING LAW AND JURISDICTION
    1. This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  2. WAIVER
    1. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  3. SEVERANCE
    1. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
  4. JOINT AND SEVERAL LIABILITY
    1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  5. ASSIGNMENT
    1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
  6. ENTIRE AGREEMENT
    1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
  7. THIRD PARTY RIGHTS
    1. Except as expressly provided for in this sentence, a person who is not a party to these Terms shall not have any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms.
  8. INTERPRETATION
    1. (singular and plural) words in the singular includes the plural (and vice versa);
    2. (gender) words indicating a gender includes the corresponding words of any other gender;
    3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
    7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
    8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    9. (includes) the word “includes” and similar words in any form is not a word of limitation;
      (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
    10. (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing.
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