Terms and Conditions

In these terms and conditions, the terms "we", "us" and "our" are a reference to Bidmy Pty Ltd (ABN 85 118 087 228).

"Lender" means any bank, credit union, or other financial institution:

with whom we have entered into an agreement, under the terms of which we pass on the information you have provided in the loan enquiry process; and

who may make you an offer of a loan.

In consideration for you agreeing to the terms and condit ions of this licence agreement, we agree to provide you with the non-exclusive right to:

• view the material contained on the Website;
• access material contained on the Website;
• submit information as a part of the loan enquiry process (conditional upon your registration as a member); and
• otherwise use the Website in accordance with these terms and conditions.

We reserve the right to amend these terms and conditions from t ime to time. Amendments to these terms and conditions will be effective immediately upon us posting a notice of those amendments on the Website. Your continued use of the Website following the posting of such a notice on the Website will represent an agreement by you to be bound by the terms and conditions as amended.

Membership

In order to be able to submit information as part of the loan enquiry process, you must register as a member. To become a member, you must complete your registration details in the manner described on the Website. Membership is free but non-transferable. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

If you are not a member, you are entitled to access the general content of the Website for reading purposes only.

Persons in this category are described as "guests".

Membership is only open to you if you are 18 years of age or over. If you are under 18 years of age, you must not register as a member of the Website.

By accessing the Website and/or by registering as a member of the Website, you agree to abide by the following terms and conditions:

• you consent to the information that you have provided to us being disclosed to the Lenders or mortgage consultants we deem appropriate (in our absolute discretion) including the disclosure of that information to a Lender that is based outside of Australia or conducts any part of its business outside of Australia and you acknowledge we may pay to or receive a commission or other fee from third parties to whom we disclose any such information;
• where there is more than one borrower and/or guarantors involved in the loan enquiry process, and you enter information on behalf of any other borrower and/or guarantor(s), you agree and represent that those other borrowers and/or guarantor(s) have read and accepted our Pr ivacy Policy and these Terms and Conditions;
• you are responsible for protecting the confidentiality of your password;
• you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, sexually oriented or ethnically objectionable;
• you agree not to impersonate any other person;
• you agree to provide current, accurate and up-to-date information about yourself (and any other borrower and/or guarantor for whom you provide information) as required under these terms and conditions and to refrain from providing us or any other user (including Lenders) of the Website with inaccurate, misleading or false information;
• you agree to use the Website in a manner consistent with all applicable local, state, national and international laws and regulations;
• you agree not to post or transmit any unsolicited advertising or promotional materials;
• you acknowledge that we may cancel, suspend or otherwise terminate your registration as a member at any time without notice;
• you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
• you acknowledge and agree that the internet protocol address (commonly referred to as an "IP address") of the computer from which you access the Website will be logged each time you post material in the loan enquiry process such that a permanent record will be created that the Website was accessed by the computer in question;
• You agree to report promptly to us any breach of these terms and conditions by a user of the Website;
• all information provided by us on our Website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice;
• we do not make any representations or warranties that the information we provide on our Website is reliable, accurate or complete or that your access to the Website will be uninterrupted, timely or secure. We are not liable for any loss result ing from any action taken, or reliance made, by you on any information or material posted by us, or provided to you by any Lenders. You should make your own inquir ies and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears on the Website, or which is provided to you by any Lenders;
• we do not accept any responsibility or liability for any information or material which you submit to the Website, nor do we accept any responsibility for any use or misuse which you make of information or material which you submit to the Website;
• we do not warrant that we will respond to questions or comments submitted by you on our Contact page;

For further information on how we use your personal information, please see our Privacy Policy.

We do not warrant that any material you submit to the Website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will pass on information that you submit as a part of the loan enquiry process to Lenders. If we elect, in our sole discretion, to pass the information on, we do not warrant that the material or information you submit will be passed on to Lenders within a certain time-frame. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you (whether you are a guest or member) may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss ar ising out of your use of or reliance on information contained on or accessed through the Website.

We do not accept responsibility for any loss or damage ar ising as a result of your dealings with any Lender. You agree to indemnify us, our related bodies corporate, our directors, employees, agents and contractors against any and all liability, damage, claim, loss and expenses which we may incur as a result of your dealings with any Lender.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

This disclaimer set out in these terms and condit ions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the loan enquiry facility, corruption to or loss of data, errors or interruptions, inaccurate or incomplete material, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members' obligations as set out in these terms and conditions or any content transmitted by a non-member. You must indemnify us, our related bodies corporate, our directors, employees, agents and contractors against any and all liability, damage, claim, loss, costs and expenses which we may incur to a third party arising out of a breach of these terms and conditions either by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.

Responsibility for the content of advertisements appearing on the Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or

commercialise any information, products or services obtained from any part of this Website;

without our prior written permission.

If you use any of our trade marks (whether those trade marks are registered or not) in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;

in connection with activities, products or services which are not ours;

in a manner which may be confusing, misleading or deceptive;

in a manner that disparages us or our information, products or services (including the Website).

This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

You may be required to agree to and comply with a third party's terms and conditions in relation to the use of that third party's website.

We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the secur ity of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take those steps which we believe, in our absolute discretion, to be reasonable in order to preserve the security of such information.

Your access to the Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

These terms and conditions are governed by the laws in force in Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jur isdiction.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. Similarly, the failure of us to enforce any provision of these terms and conditions at any time does not deem, nor is it to be taken as constituting, a waiver of our rights to enforce those provisions.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use.

Subject to the other terms and conditions contained herein, you are authorised to print a copy of any information contained on the Website for your personal use. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the Website.