FairBroker®

Terms and Conditions of http://www.fairbroker.com.au

Terms and conditions

Fair Broker Pty Ltd ABN 92 637 346 260 (“FairBroker®”, “we”, “our” or “us”) operates an online marketplace at www.FairBroker.com.au (“Platform”), including any mobile application operating in conjunction with the Platform.

These terms and conditions (“Terms”) are between FairBroker® and any person that accesses or uses the Platform or the Services described in clause 1 (“User”, “you” or “your”). These Terms are a separate agreement and are in addition to any other agreements you may have with us.

Your access and use of the Platform, or the Services, confirms that you have read and agree to be bound by these Terms, including any policies, procedures or rules set out on the Platform from time to time and our Privacy Policy.

The information is intended for residents of Australia only

FairBroker® may amend or modify these Terms at any time and will post any updated Terms, and a notice of such change, on the Platform.

If you do not accept these Terms, including our policies (such as our Privacy Policy) or any amendment we make to these Terms or such policies, then you must not continue to use the Platform or the Services.

1. SCOPE OF FairBroker® SERVICES

1.1 FairBroker® provides a Platform whereby:

  • People seeking financial products such as loans or mortgage or credit or insurance (“Consumer”) can post details and criteria of the financial product they are seeking on the Platform (“Deal Request”).
  • Financial service providers, such as brokers and financial institutions (“Providers”), can respond to Deal Requests with indicative offers of financial products, such as loans or mortgages or insurance (“Deals”).
  • Consumer may select Deals and enter into correspondence with the Providers of such Deals. (each a “Lead”)
  • The Consumer may then accept an offer it believes is most suitable for its circumstances (“Successful Lead”) and enter into a separate contract with the Provider (“Financial Product Contract”),(the “Services”)

1.2 A reference to a “User” in these Terms includes Consumers and Providers.

1.3 A User who is a Consumer can access and use the Services by validly completing a Deal Request form and creating an account with us on the Platform.

1.4 A User who is Provider must also accept any separate terms applicable to Providers in order to use the Services at the time of validly completing a registration form and creating an account with us on the Platform or by executing an agreement with us (“Provider Agreement”). The Provider Agreement does not in any way limit a Provider’s obligations as a User under these Terms when accessing or using the Platform or Services, however if there are any inconsistencies between these Terms and the Provider Agreement, then the Provider Agreement will prevail.

1.5 The Services may be reviewed and updated from time to time. The Services may be further described on the Platform and in the Provider Agreement (for Users of the Services who are Providers).

1.6 FairBroker® provides the Services enabling Consumers to connect with Providers only. The Services provided by FairBroker® do not include the provision of any form of financial services, products, advice or assistance (such as credit, credit services, credit assistance, credit activity or any other form of credit contract, insurance services or any other form of financial services) or other form of professional advice, by FairBroker® itself.

1.7 By providing the "Consumer" the deal information offered by "Provider", FairBroker® is not providing credit or credit assistance or assisting the "Consumer" to apply for credit or credit assistance with any particular credit provider.

1.8 Any contract, such as that for the provision of credit, credit services, credit assistance, credit activity, any other form of credit contract ,insurance services or any other form of financial services, entered into between Users (“Financial Service Contract”) forms a separate agreement between such Users, and such Users remain responsible for fulfilling their obligations under a Financial Service Contract, not FairBroker®.

1.9 FairBroker® accepts no responsibility or liability to you or any third party (including another User) for any aspect of interaction between Users (whether via the Platform or outside of the Platform), including any Deal Requests, Deals, Posts, Bids, Leads, Successful Leads or any form of communication, engagement, transaction, information or other material, such as requests, details, criteria, product or service details, offers, statements, representations, rates, securities, reports, analysis, data, advice, recommendations, investments, terms and conditions, product disclosure statements, key fact sheets, Credit Contracts or personal information, provided by Users (“User Supplied Information”). Accordingly, you agree that:

  • any such interaction between a Consumer and Provider is directly between such Users;
  • all User Supplied Information is supplied by the relevant User and FairBroker® does not warrant the truth, adequacy, accuracy, suitability or completeness of any aspect of User Supplied Information; and
  • FairBroker® has no obligation to assist or involve itself in any way in any such interaction between Users, including any disputes between Users.

1.10 The Services are prepared on a general basis, which may not be appropriate or meet a User’s specific purposes, circumstances, requirements or expectations, including that relating to quality of any products, services, communication, information, engagement, transaction or other material obtained in your use of the Services. FairBroker® does not warrant, recommend or endorse any of its Users, including a Provider’s skills, expertise or ability to provide its goods or services or the Consumer's ability to re-pay any credit requested or pay for financial services product requested. It is your responsibility to assess the suitability and appropriateness of your use of the Services, including for your specific purposes, and make all enquiries, arrangements or verifications in relation to your use of the Services, your interaction, communication and engagement with other Users, with respect to any User Supplied Information or a Credit Contract or Insurance Contract and obtain your own financial, investment or other professional advice.

1.11 You acknowledge that the Platform, and the Services, are provided over the internet and FairBroker® does not warrant that the Platform, and the Services, will operate uninterrupted or error free, however FairBroker® will use reasonable commercial efforts to enable you to use the Platform, and the Services, in accordance with these terms and to protect the security and integrity of the Platform and the Services.

1.12 You may contact FairBroker® at any time during the support hours specified on the Platform to request support with any aspect of your use of the Services. FairBroker® will make reasonable commercial efforts to resolve such support requests within a reasonable time. If the support is in relation to your account, FairBroker® only provides assistance and support contemplated under this clause to the nominated User name for the account.

1.13 FairBroker® will ensure it complies with applicable law and is authorised to provide the Services, including holding and maintaining all qualifications, registrations, certificates, licences, authorisations, permits, admissions, insurances, bonds, guarantees, undertakings and the like required by applicable law in order to carry on its business and provide the Services.

2. PAYMENT AND COMMISSION

2.1 Access and use of the Platform or to create an account if the User is a Consumer is free.

2.2 Access and use of the Platform or to create an account if the User is a Provider is free.

2.3 Any payments, fees or charges payable by you to another User, such as for their services or products under a Credit Contract or for Credit Advice or Insurance Contract or any other Financial Service Contract, remains the responsibility of such Users and FairBroker® has no responsibility or liability whatsoever in relation to any payments, fees or charges payable by one User to another User.

3. USERS’ OBLIGATIONS

3.1 You must:

  • comply with these Terms, including any policies, procedures or rules set out on the Platform from time to time, our Privacy Policy and all applicable laws and regulations;
  • have the power to enter into and observe your obligations under these Terms, including entering into a Credit Contract;
  • only post accurate information on the Platform;
  • promptly and efficiently perform all your obligations under a Credit Contract or Insurance Contract or any other Financial Services Contract and to FairBroker® under these Terms;
  • remain responsible for the provision, maintenance, truth, accuracy, relevance, suitability, completeness and quality of any User Content and personal information provided by you when using the Services, including when communicating or engaging with other Users;
  • co-operate with FairBroker® in any monitoring of the Platform, Services or activities of Users such as to ensure compliance with the obligations under these Terms and applicable law, including if necessary, the auditing of such obligations; and
  • If the User is a Provider, comply with all necessary legislative and regulatory requirements of Australia.

3.2 You must not:

  • distribute, rent, loan, lease, sell, sublicense, transfer or otherwise exploit all or part of the Platform or Services, or any rights granted under these Terms, including any FairBroker® Content or User Content, to any other person;
  • modify, translate, adapt, arrange, or create any adaptation or modification to the Platform or Services, including any FairBroker® or User Content, for any purpose;
  • copy any content (whether provided by FairBroker®, another User or a third party, including FairBroker® Content or User Content) on the Platform without our prior written permission;
  • promote itself as an agent of FairBroker® in any manner or make any promise or representation on FairBroker®'s behalf;
  • engage in any conduct that is fraudulent, misleading, deceptive, unfair, unconscionable or unlawful; or
  • use the Platform or Services for any illegal or immoral purpose.

3.3 You acknowledge and agree that when you enter into a Credit Contract or Insurance Contract or any other Financial Service Contract, you create a legally binding contract with another User (unless the transaction is prohibited by law or these Terms). If you have entered a Credit Contract or Insurance Contract or any other Financial Services Contract you must comply with the terms of that Contract including providing the goods or services or paying the price as applicable. If you do not comply with your obligations to another User under a Credit Contract, Insurance Contract or any other Financial Service Contract, you may become liable to that other User. If another User breaches any obligation to you, you – not FairBroker® – are responsible for enforcing any rights that you may have with that User.

4. Deal Requests, Deals, Leads and Successful Leads

4.1 A Deal Request must describe accurately the Consumer’s request, details and criteria.

4.2 A Deal Request must contain all mandatory information as guided by FairBroker® Deal Request creation process.

4.3 As well as the mandatory details in Deal Request, a Consumer may choose to specify additional details, criteria or requests that s/he wants to apply to their Deal Request.

4.4 Deal Requests are visible to other Users who are Providers on FairBroker®. All Users of the Platform must take care when creating Deal Requests and must not, unless requested by the mandatory fields of Deal Request creation process, disclose any personal information, such as full name or address, phone number or email address.

4.5 A provider will not be able to see the Consumer's contact details i.e. the email address or phone number on the Deal Request until the consumer accepts the provider's offered deal.

4.6 When the Provider makes a Deal Offer to the Consumer, the Provider is only presenting the Consumer with a range of product options suitable to the Consumer's circumstances as disclosed in the Deal Request. Once the deal is accepted by the Consumer and the Provider formally contacts the Consumer. the Provider makes a preliminary assessment and provides a formal credit proposal as per the Provider's policies and after verification of the supporting documents.

4.7 In submitting any User Supplied Information, you also consent to us providing your User Supplied Information to other Users for the purposes of providing the Services to you under these Terms.

4.8 Selecting Deals and potentially entering into a Credit Contract, Insurance Contract or any other Financial Service Contract is entirely at the discretion of the Consumer. Accordingly, it remains the Consumer’s responsibility to select or deselect any Deals, or enter into a Credit Contract, Insurance Contract or any other Financial Service Contract. Consumers may withdraw any Deal Requests or selected Deals, Leads or Successful Leads at any time prior to entering into a Credit Contract, Insurance Contract or any other Financial Service Contract.

4.9 Deals are offered by the Providers on the FairBroker® platform on the basis of information provided by the Consumers. After a deal offered by Provider is accepted by Consumer and If on verification of the consumer's documents during preliminary assessment by the Provider, it is found that the Consumer's personal or financial situation (such as the income or deposit amount) is different from that mentioned on the Deal Request, the Provider may offer the same financial product under different terms or withdraw offer. Also, during the preliminary investigation if the Provider finds that the proposed loan is unsuitable to the Consumer, the Provider may record that in their preliminary assessment.

4.10 Deals are indicative offers only and choosing to offer a Deal in response to a Deal Request is at the complete discretion of Providers.

4.11 If a User wishes to complain about any comment made on the Platform, email FairBroker® using the contact information on the Platform.

5. YOUR ACCOUNT

5.1 To create an account and use the Services you must be able to form legally binding contracts under applicable law. The Services are not available to persons under 18 years of age. If you do not qualify to use the Services, you must not use the Services.

5.2 You must maintain control of, and remain responsible for, all activity occurring under your account. You must not deal with your account (including any associated User ID, login or passwords) in any way, including selling the account or any of its content to another person, and you must prevent any unauthorized access to, or use of, your account or the Services. You must notify FairBroker® promptly of any unauthorized access or use.

5.3 At its absolute discretion, FairBroker® may refuse to allow any person to register or create an account on the Platform or cancel or suspend any existing account without liability to you or any third party.

6. Access, Use and Security of the Platform and Services

6.1 In accessing and using the Platform or the Services, Users must not (and must not permit or direct any other third party to):

  • post any information that is, in any way whatsoever, potentially or actually harmful to FairBroker® or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by FairBroker® or any other person;
  • submit any infringing, obscene, defamatory, libellous, threatening, harassing, threatening, false, misleading, deceptive, fraudulent or otherwise unlawful or tortious material, including material that violates or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy rights;
  • interfere with or disrupt the integrity or performance of the Services, Platform or the data contained therein;
  • attempt to gain access to the Services, the Platform or related systems or networks in a manner not permitted by these Terms;
  • post, transmit or otherwise make available through or in connection with the Services or Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs;
  • restrict or inhibit any other person or entity from using the Services or the Platform;
  • remove any copyright, trademark or other Intellectual Property Rights or proprietary rights from the Services or the Platform;
  • reverse engineer, decompile, dissemble, frame or mirror any portion of the Services or the Platform, or otherwise incorporate any portion of the Services or the Platform into any product or service;
  • systematically download and store the Services or the Platform content, including copying and using any FairBroker® Content or Consumer Content, such as ratings, feedback or reviews relating to a User for its own purposes;
  • imply any affiliation or endorsement of you, or any organization, by FairBroker® except with our express written consent;
  • operate the Services as a bureau service;
  • pretend that you are or represent someone else, or impersonate another person; or
  • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather the Services content or data, or reproduce or circumvent the navigational structure or presentation of the Services or the Platform.

7. Ownership and Intellectual Property Rights

7.1 Subject to clause 7.3, FairBroker® owns or retains all right, title and interest in any content created (or which otherwise comes into existence) by FairBroker® or on behalf of FairBroker® by a third party (including all developments, modifications or enhancements to such content) in connection with, or appearing on or within, the Services or the Platform, including any data and aggregated data (other than User Content but may be data created in relation to User Content and the use of the Platform or the Services by a User), business names, trademarks, logos, images, product and/or service descriptions, names, information, and all intellectual property rights therein (collectively, “FairBroker® Content”).

7.2 The User must not display or use any FairBroker® Content without FairBroker®’s express prior written permission. FairBroker® grants to Users a revocable, non-transferable and non-exclusive licence to use FairBroker® Content for the purpose of using the Platform or the Services in accordance with this Agreement.

7.3 The User owns or retains all right, title and interest in any content (whether created by the User or a third party) that is supplied by, or on behalf of, the User when using the Services, including any User Supplied Information, business names, trademarks, logos, images and all Intellectual Property Rights therein (collectively, “User Content”).

7.4 The User grants to FairBroker®, its affiliates, employees and contractors an unrestricted, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, copy, adapt, distribute or incorporate its User Content for any purpose, including marketing purposes, in connection with providing the Platform and Services under these Terms.

7.5 You acknowledge and agree that all User Content is supplied by the relevant User. FairBroker® does not have any responsibility to review, approve or verify any User Content, nor do we make any warranty or representation in relation to User Content. However FairBroker® reserves the right to remove, in its sole discretion, any User Content you have submitted on the Platform, or when using the Services, for any reason without liability to you or any third party.

7.6 The User warrants and represents that it has the right to use its User Content (and all intellectual property rights contained therein), including obtaining and maintaining all necessary rights, licenses, registrations, permissions and consents in compliance with applicable law and our Privacy Policy and that its User Content does not violate any applicable laws or rights (including the intellectual property rights) of any third party.

8. THIRD PARTY SERVICES

8.1 FairBroker®, or other Users such as Providers, may from time to time include on the Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by FairBroker®.

8.2 Third Party Services are offered to you pursuant to terms and conditions offered by the third party, including any fees applicable to such Third Party Services. Third Party Services may be promoted on the Platform as a convenience to our Users who may find the Third Party Services of interest or of use.

8.3 If you engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider.

8.4 FairBroker® makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, please let us know of any issue that you experience using a Third Party Service by contacting us via the contact details set out on the Platform.

9. VERIFICATION TOOLS AND FEEDBACK

9.1 The Services may include tools to help Users verify the identity, qualifications, certifications, information or skills of other Users (“Verification Tools”). Verification Tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a User of the Services to post a reference on the Platform endorsing another User, such as Provider), integration with social networking sites such as Facebook, Twitter and LinkedIn and other icons or badges displayed in association with a User. The verification Tools may be modified at any time.

9.2 You acknowledge and agree that the Verification Tools may not be fully accurate as verification Tools are dependent on User-supplied information and/or information or provided by third parties. Accordingly, Users are solely responsible for identity verification and FairBroker® accepts no responsibility for any use that is made of any Verification Tools.

9.3 The Platform may also include a User-initiated feedback system to help evaluate User(s).

9.4 FairBroker® retains the discretion and/or right to remove without notice or liability to you or any third party any form of verification or feedback if the User to whom the verification or feedback relates is in breach of any of these Terms or applicable law, or such verification or feedback has been issued or obtained incorrectly, falsely, has expired, is no longer valid or for any other reason requiring its removal by FairBroker®.

10. LIMITATION OF LIABILITY

10.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) and any other applicable legislation or rules of any jurisdiction, the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void (“Non-excludable Rights”), to the extent permitted by law FairBroker® specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with your use of the Platform or Services, including any User Content, Credit Contracts, Third Party Services or any other form of interaction, communication, engagement or dispute with other Users.

10.2 Except for liability in relation to any Non-excludable Rights, the Platform and the Services are provided on an “as is” basis, and without any warranty or condition, express or implied, including those regarding title, merchantability, fitness for a particular purpose, non-infringement or that the use and operation of the Platform or the Services, including any User Content, will be transmitted in uncorrupted form or within a reasonable amount of time, to the extent allowed by law.

10.3 Except for liability in relation to a breach of any Non-excludable Rights, FairBroker®’s maximum aggregate liability to any User for a breach of this agreement arising out of or in respect of any use of the Platform or Services is limited to the total amount of AUD $50.

10.4 For liability in relation to breach of any Non-Excludable Rights, to the extent permitted by applicable law, FairBroker®’s liability is limited, at its option, to the cost of repairing or replacing any defective goods or services, or supplying again or paying the cost of having supplied again any defective goods or services.

10.5 You indemnify FairBroker® and its directors, officers, employees, contractors and agents from and against all losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable legal costs) arising as a result of

  • any wilful, unlawful or negligent act or omission by you
  • any claim by any third party, including another User, arising out of or in any way connected with your use of the Services, the Platform or due to breach of the your obligations under these Terms or applicable law;
  • your User Content;
  • the Credit Contract; or
  • any disputes you have with other Users.

11. PRIVACY

11.1 FairBroker®’s Privacy Policy, applies to all Users and forms part of these Terms. Your use of the Platform or Services confirms that you consent to, and authorise, the collection, use and disclosure of your personal information in accordance with FairBroker®’s Privacy Policy.

11.2 Providers and Third Party Services providers may provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, including any Provider, you must review and agree to their terms of service including their privacy policy.

12. MODIFICATIONS TO THE AGREEMENT

12.1 Except as specifically described in or authorised under these Terms, these Terms and any of our policies, such as our Privacy Policy, cannot be amended except by agreement in writing (including electronically) by you and us.

13. NO AGENCY

13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms. In particular you have no authority to bind FairBroker®, its related entities or affiliates in any way whatsoever.

14. NOTICES

14.1 Except as stated otherwise, any notices must be given by email, either to FairBroker®’s contact address as displayed on the Platform, or to a Users’ contact address as provided at registration. Any notice shall be deemed given:

  • sent by email, when the sender’s email system generates or receives a message confirming receipt of (but not opening of) the email notice unless, within 24 hours after that transmission, the recipient informs the sender that it has been unable to read the entire notice; or
  • via the Platform.

15. MEDIATION AND DISPUTE RESOLUTION

15.1 FairBroker® encourages you to try and resolve disputes with another User directly. However, you acknowledge and agree that FairBroker® may, in its absolute discretion, provide such of your information as it decides is suitable, to another User involved in a dispute with you.

15.2 If FairBroker® provides information of another User to you for the purposes of resolving a dispute under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify FairBroker® against any claims relating to any other use of information not permitted under these Terms.

15.3 If you have a complaint about the Services please contact us at the following email: info@FairBroker.com.au

16. TERMINATION

16.1 Unless otherwise agreed with us (such as in a Provider Agreement), FairBroker® may terminate or suspend your use of the Services, your account, and these Terms at any time for any reason.

16.2 Unless otherwise agreed with us (such as in a Provider Agreement) you may terminate your use of the Services, your account, and these Terms at any time for any reason. If you terminate under this clause, then you must stop using the Platform and the Services.

16.3 Unless otherwise agreed with us or stated in these Terms, FairBroker® is not liable for any damages, liabilities, losses (including loss of User Content) that a User or any other third party (including another User that you engage with) may incur, as a result of any termination or suspension of your use of the Services or your account under these Terms.

16.4 Termination of these Terms does not affect any Credit Contract that has been formed between you and another User.

16.5 Clauses 7 (Ownership and Intellectual Property Rights), 10 (Limitation of Liability), and 15 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.

17. GENERAL

17.1 This Agreement is governed by the laws of New South Wales, Australia. You and FairBroker® submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

17.2 These Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

17.3 These Terms may be assigned or novated by FairBroker® to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms.

17.4 If a dispute arises under the App Terms, the parties will attempt to resolve the dispute in good faith, prior to commencing any form of litigation or legal proceedings. During the continuance of any dispute, each party must continue to perform its obligations under the App Terms.

17.5 Users are not our employees, contractors or agents and these Terms are not intended to create a partnership, joint venture, agency relationship or any other affiliation or association between the parties.

17.6 These Terms sets out the entire understanding and agreement between you and FairBroker® with respect to its subject matter.

What if you are not happy with our services?

At Fair Broker Pty Ltd(Fairbroker.com.au), we always work hard to build strong and lasting relationships with our valued customers. By listening to your feedback, not only can we address any immediate concerns you may have, we will also continually improve our products and services.

We know there are times when you may wish to compliment us on something we have done well and other times when you may wish to tell us we have not met your expectations.

If, for any reason, you do not feel that you have received the highest standard of care from us, we encourage you to share this with us. We have developed a process that we believe makes it easy for you to tell us of your concerns and for them to be addressed quickly and fairly.

You can contact us by email:

info@fairbroker.com.au

If you choose to contact us by email, please make sure you provide as much detail as possible about your complaint. We will try to deal with your complaint on the spot. However, if this is not possible, we will write to you to acknowledge your complaint within five (5) days. We will ensure we treat you fairly and will work to resolve your complaint as soon as possible. In the rare event we are still investigating your complaint after 45 days we will write to you to explain why and to let you know when we expect to have completed our investigation. When we have completed our investigation we will write to let you know the outcome and the reasons for our decision.

Taking it further we hope that you will be satisfied with how we deal with your complaint. However, if your concerns remain unresolved, or you have not heard from us within 45 days, then you can have your complaint heard by our external disputes resolution scheme (EDRS), AFCA, an independent party. You can contact AFCA at:

Australian Financial Complaints Authority Limited
GPO Box 3
Melbourne VIC 3001