Welcome to brokery.com.au, a website portal operated by PC One Pty Ltd ABN 17 107 289 207.
- brokery provides a portal by which visitors ("End Users") to brokery.com.au, and other related websites, social media web pages and smart phone applications operated by brokery (each related website, and each smart phone application to be known as the "Site"), may provide feedback or commentary on individual mortgage brokers and mortgage brokerage agencies listed on the Site ("Brokers"), or respond to such feedback or commentary.
- End Users and Brokers may also purchase goods and services which brokery determines to offer through the Site from time to time ("Products"). In these terms and conditions, "you" means a user of the Site, being an End User or a Broker (as the case may be).
- brokery will permit you to use the Site and the Services (as defined in clause 1) , and if available purchase Products through the Site, in accordance with these terms and conditions ("Agreement"). This Agreement forms a binding legal agreement between you and brokery. As a user of the Site, you will at all times be bound by, and must abide by, this Agreement, If you are using the Site on behalf of a mortgage brokerage agency, then you agree to be bound by, and abide by, this Agreement on behalf of the agency (and you warrant that you have the capacity to agree to do so on behalf of the agency).
Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement, by checking the "I agree to the Terms and Conditions" checkbox and clicking the "Sign Up" button on your computer screen to electronically indicate your acceptance of this Agreement, or by proceeding with the purchase of a Product or any use of the Services made avaialble by the site.
1. THE SERVICES
Subject to the terms and conditions of this Agreement, brokery will provide you with the following goods and services ("Services"):
1.1 the ability to create an Account on the Site and use functionality only available to holders of an Account;
1.2 the ability for End Users to search and browse Brokers listed on the Site and view information contained on the Site about each Broker ("Broker Profiles"); and
1.3 the ability for Brokers to claim their Broker Profile on the Site, and update and manage their Broker Profile; and
1.4 the ability to purchase Products through the Site as they are offered from time to time by brokery.
Subject to the terms and conditions of this Agreement, the provision of the Services and the Products which you purchase constitute brokery's only obligation to you.
You agree that brokery may modify the Services at any time, and discontinue the Services (or part thereof) at any time. brokery may also restrict your use of some or all Services, suspend the delivery of the Services at any time and subsequently reinstate them at its discretion.
brokery does not guarantee the accuracy or reliability of any information contained on the Site about a Broker (including information submitted by third parties in the form of ratings, comments, posts and reviews). It is your responsibility to conduct your own research and make your own enquiries before deciding to engage a Broker.
2. LIABILITY AND DISCLAIMER
You acknowledge that brokery has made no warranties that the Services or Products will be error free.
You agree that brokery will not be liable or responsible for any failure in, or delay to, the provision of the Services or Products or in brokery complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
2.1 fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
2.2 denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
2.3 a significant demand being placed on brokery's services which is above the usual level of demand and which results in a failure of brokery's software and hardware to function correctly;
2.4 the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to brokery; or
2.5 any other circumstances or event similar to the above which is beyond the reasonable control of brokery.
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under this Agreement.
However, if a supply under this Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in this Agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then brokery's liability is limited to:
2.6 In the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again,
and in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law), brokery can elect as between the remedies s to the extent permitted at law, brokery's liability to you arising directly or indirectly under or in connection with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Services or Products, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:
2.7 brokery excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services; and
2.8 brokery's total aggregate liability under or in any way connected with this Agreement or otherwise in connection with or in any way relating to the Site or any of the Products or Services, is otherwise limited to the greater of:
2.9 AUD$10; and
2.10 the total amounts you have paid to us for the Products or Services that are the subject of the relevant claim.
All content and information on the Site, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is owned by brokery or its third party licensors. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, code, products, or Services obtained from or through the Site. Additionally, you agree not to:
3.1 use the Site or its contents for any commercial purpose, other than in your capacity as a Broker (if applicable);
use another person's name, account, identity or password without permission, or use the Site while impersonating another person;
3.2 access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without brokery's express written permission;
3.3 violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
3.4 take any action that imposes, or may impose, in brokery's discretion, an unreasonable or disproportionately large load on its server infrastructure;
3.5 deep-link to any portion of the Site for any purpose apart from where expressly permitted by this Agreement or via agreement with brokery; or
3.6 attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by brokery in connection with the Site or the Services (except to the extent specifically permitted by law).