Your access to and use of all information on this Website including purchase of our Service/s is provided subject to the following terms and conditions.
The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our Website you read these terms and conditions.
This page was last updated on 1st July 2017.
1. Our Website Services
- Our Website enables you to health check your current loan; and create, launch and review an anonymous mortgage contest where lenders and mortgage brokers (“Bidders”, “Bidder”) can compete to win your business.
- Our Services are provided to adults over the age of eighteen (18) years. By proceeding to purchase a mortgage contest through our Website, you acknowledge that you are over 18 years of age and that you have read and understand the relevant Credit Guide.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
2. Product and Service Descriptions
- We strive to ensure that all lender and mortgage broker products and/or Services are described as accurately as possible on our Website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
- By ordering Services from the Website, you, acknowledge and agree that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
- You are an Australian citizen, resident or you reside permanently in Australia;
- You are using the Service to discover finance for a residential property located in Australia;
- You agree to ensure that your registration details and any other information you submit to the Service are true and accurate at all times;
- and you undertake to update your registration details from time to time when they change.
- On registration, you will need to set a password. The strength and safety of that password is your responsibility.
- We recommend that you change your password on a regular basis.
- When setting your password you should avoid using common names or words or email addresses as a password and ensure your password includes at least one upper and lower case letter, at least one number and at least one special character.
- Access to the Service and your Membership is permitted on a temporary basis. We have the right to withdraw or amend the Service provided without notice.
- We reserve the right to terminate your Membership at any time if you breach these terms and conditions.
- We may restrict access to some or all parts of your Membership and/or the Service either permanently or temporarily
- Our Services are intended to be used by members within Australia only.
- You are responsible for making all arrangements necessary for you to have access to your Membership and/or Service. You are also responsible for ensuring that all persons who access your Membership are aware of these terms, and that they comply with them at all times.
4. Site Access And Usage
- When you visit our Website, we give you a limited licence to access and use our information for your own personal use and/or the personal use of persons who are party to the intended loan published as a mortgage contest and/or your professional adviser.
- You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except where you are seeking professional mortgage, financial or legal advice, you are not permitted to download, share, or distribute in any way, any information provided as Contest Results without our prior written consent.
- You may not use this Website or your Membership or its contents:
- for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of your flongle Membership (e.g. item listings, descriptions, prices);
- to download (other than page caching) or modify this Website, or any portion of it except as permitted in sub-clauses 1 to 3 of this condition; or
- for any purpose which is unlawful.
- While using or accessing the Services of flongle or dealing with Bidders who bid on the Website you acknowledge that:
- Bids on the Website are made in good faith by Bidders relying solely on the information contained in your mortgage contest;
- Bids are not an offer of credit;
- You will not obtain any loan until you enter into a separate binding legal agreement with any lender you choose to contract with;
- You will not be entitled to the selected loan should the information you provided in obtaining bids using the Service is found by such Lender to be inaccurate, false, misleading and/or deceptive.
- Except where you are a partner member by separate agreement, you are not permitted to access or use our information for commercial use.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
- The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta tag or mirror our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta tag or mirroring of our Website.
5. Information About You and Your Visits to the Website
- By using our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.
6. Authorisation to Contact You
- To contact you for reasons relating to your account or your use of our Services (such as to query a listing, fees or charges, resolve a dispute, or to otherwise enforce this Agreement) or as authorised by applicable law;
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out from these communications by clicking the link at the foot of each opt-out eligible communication.
7. Price and Payment
- The price of any Services will be as quoted in the Website from time to time, except in cases of obvious error.
- These prices include GST.
- Payment for all Services must be made by credit or debit card. We accept payment with PayPal, Visa, Master Card and other cards as indicated on our payment page at the time you checkout. We are under no obligation to deliver the Services until we have received payment from you.
8. Availability and Service Delivery
- Although we endeavour to ensure the availability of the Services, we cannot guarantee that all of the Services will be available when you place your order. If we are unable to process or execute your order, we shall contact you:
- to offer you an equivalent Service(s) in terms of quality and price which you may decide to accept or reject; or
- notify you that we are unable to fulfil the order.
- If you reject our offer of an alternative Service or we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the Service(s), in which case we shall refund payments already taken from you for the relevant Service(s).
- Your order will be fulfilled within fourteen (14) days of the date of payment, unless there are exceptional circumstances. If it is not possible to deliver the Service within the delivery period indicated, we shall refund you the paid purchase price on request.
- Services sold via the Website are delivered to you by electronic transfer to your Membership area.
- We deliver information to your Membership Account. For security reasons, access to your Membership area through the personal and protected Membership area when you are logged into the Website using your registered email address and Membership Password.
- The Contest Results including Bids and Bidder information arising from the Services you purchase will be available in your Membership area for one year following the end of your Mortgage Contest. After one year the contest results may be deleted from your Membership area. Information provided can be transferred to a personal computer in full. We recommend that you make a back-up copy of any selected or important Bids and/or Contest Results before expiry of the one year period.
- Your Contest and One Last Form will be available for future use and reference for a period no less than six (6) years from the creation date of Your Contest.
9. Risk and Title
- The use of the information from using a Service will be at your risk from the time of delivery of the information to you in your Membership area. flongle does not advise you to use or select any Bidder.
- This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience and your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of any linked Website. Any hyperlink on our Website to another Website does not imply our endorsement, support, or sponsorship of the operator of that Website nor of the information and/or products which they provide.
- Linking to our Website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
11. Intellectual Property Rights
- The copyright to all content on this Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission.
- The words “flongle” and “mortgage contest” are registered trademarks of CQ Now Pty Limited and used under licence by flongle.com.au pty limited.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this Website becomes our property. If in future we use your Comments in promoting our Website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- All calculations and cost and potential savings are based on available and current information collected on a best efforts basis. They do not include consideration for unascertainable costs such as lenders mortgage insurance, unless otherwise stated.
- Provision of any estimate, match or cost information is subject to detailed suitability assessment. All products are subject to individual lender assessment of your detailed loan application.
- We recommend you obtain independent financial advice before making any application for credit.
- Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our Website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Website or any linked Website.
- From time to time we may host third party content on our Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
13. Consumer Rights
- Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the Service replaced if the Service fails to be of acceptable quality and the failure does not amount to a major failure.
- Except where required by law, we do not provide you with the right to cancel orders or return goods, simply because you have changed your mind.
Additional Rights of refunds
- For the avoidance of doubt, there are additional rights to having the Service provided again, where the Service, for example, is defective. Further details of this statutory right and an explanation of how to exercise it, are provided in paragraph 2 below.
- If you wish to seek a refund concerning the Service not meeting a Statutory Warranty under the Australian Consumer Law you must contact us by completing a Claim A Refund form which can be accessed from the footer of any web page or by clicking this link.
- You are required to return any materials derived by the Service to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. You are responsible for safely returning the materials, and we will not be responsible if the materials is/are lost or damaged in transit. We will not be responsible for any damage due to your inappropriate use of Service, or not using the Service in accordance with any provided directions. We will investigate your complaint and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Service. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- Flongle will usually refund any money received from you using the same method originally used by you to pay for the Service.
14. Limitation of Liability
- The Website and Membership is provided “as is”. Whilst we take care in the preparation of our content, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience at the Website or in relation to your Membership. Except as set out in this condition 14, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
- death or personal injury resulting from negligence;
- fraud or deceit; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, including any statutory implied warranties under the Competition and Consumer Act, 2010 (Cth).
- We will not be liable to you if for any reason your Membership or the Website or our Services are temporarily unavailable at any time or for any period.
- We are not the agent or representative of any Bidder that submits bids for loans to Members. Accordingly, we are not responsible or liable for any information that is presented to you by the Bidders.
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Services again or payment of the costs of having those Services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Website.
16. Viruses, Hacking and Other Offences
- Concerning your use of the Website, you must not:
- misuse either by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to your Membership, the server on which your Membership is stored or any server, computer or database connected to your Membership; and or
- attack either via a denial-of-service attack or a distributed denial-of-Service attack.
- By breaching this provision, you may be committing an offence under various laws. Our policy is to report any and all such breaches to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them, and immediately cease your access to your Membership.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of your Membership and our Services or to your downloading of any material posted on it, or on any Website linked to it
17. Personal Data and Privacy
- We undertake to take all due care with any information which you may provide to us when accessing our Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
18. Written Communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using your flongle Membership, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices in your flongle Membership or the Membership Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- We may give notice to you at either the email or postal address you provide to us, the email address associated with your account, or in any of the ways specified in clause 14 (Written Communications) above.
- Notice will be deemed received and properly served immediately when posted in your Membership area, 24 hours after an email is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20. Transfer of Rights and Obligations
- This Agreement is binding on you and flongle and on our respective successors and assigns.
- We may transfer, assign, charge, sub-contract or otherwise dispose of an Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
21. Force Majeure Event
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by a Force Majeure Event.“Force Majeure Event ” means any act, circumstance or omission over which we could not reasonably have exercised control.
- Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
- If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you.
22. Our Liability
- In accordance with your statutory rights we make the following statements to you and agree that they are true that any Service ordered from flongle is of satisfactory quality and reasonably fit for all the purposes for which Services of the kind are commonly supplied and that the Service corresponds with its description.
- We will only be liable for losses which are foreseeable to both you and to flongle as a consequence of us breaching these terms and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using your Membership or our Service.
- This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- the implied warranties in the Competition and Consumer Act 2010 (Cth);
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Nothing in these terms shall affect your statutory rights
- A waiver by flongle of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
- We have the right to revise and amend these terms from time to time.
- You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Services).
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
- If any of these terms or any provisions of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. Entire Agreement
- These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into an Agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Agreement except as expressly stated in these terms.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms, except as otherwise provided by law.