WEBSITE TERMS AND CONDITIONS

This Agreement is between you and Free Conveyancing Company Pty Limited (ABN 81 141 534 269) trading as www.freeconveyancing.com.au (hereinafter referred to as "the Site") and its subsidiaries, associates and officers, unless otherwise stated. The Website introduces you to lenders in order to secure you free conveyancing service . References to “we”, “us” or “our” are references toFree Conveyancing Company Pty Limited (ABN 81 141 534 269). By submitting and enquiry form through this Site, you agree to be bound by this Agreement.You should print a copy of these Terms and Conditions for future reference.

1) DEFINITION & INTERPRETATION

In these Terms and Conditions:

"Acknowledgement" means our acknowledgement of enquiry form by email;
"Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Australia;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions;
"Client" means individual who submits an Enquiry form or accesses this Site;

"Enquiry form" means the form submitted by you to the Site after completing the eligibility process;
"you" means the Client who submits an Enquiry form or accesses this Site;


2) CAPACITY

By submitting an Enquiry form on the Site you warrant that you are over 18 years of age.


3) FREE CONVEYANCING

  1. (a) For Commercial and home loans, always read the terms and conditions from the relevant lender before making any decision to apply for the loan with a particular lender. You must visit the relevant lenders website to ascertain the terms and conditions of the lender.
  2. (b) Once you submit your enquiry form through this site, your enquiry will be directed to the lender of your choice and a lending officer from the relevant lender will contact you. We earn a fee from the relevant lender for home loans or commercials loans written as a result of you submitting an enquiry form through our website.
  3. (c) You will deal directly with the lender and that required loan will only be provided to you if you meet the lender’s eligibility criteria and agree to the lender’s terms and conditions.


4) USE AND ACCESS

  1. (a) The Site is made available only to genuine bona fide website users. The Site is for website users interested in receiving free conveyancing. By using this Site you warrant that you are such a website user.
  2. (b) You must not use the Site or its Content:
    1. a. for commercial purposes (including for competitive advantage or to our competitive disadvantage );
    2. b. in any manner that is inconsistent with the purpose for which the CTM Websites are provided;
    3. c. in any manner which is in breach of any laws; or
    4. d. in any other way which is not expressly permitted by these Terms.
  3. (c) Without limiting the above, you will not and will not permit a third party to:
    1. a. use or access the Site in a way that infringes the intellectual property rights or other rights of any person;
    2. b. copy or disclose to any person, any Content other than as expressly permitted by these Terms;
    3. c. use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Content;
    4. d. use any method or process to consolidate or combine the Content with any other content, data, information, images or material;
    5. e. reverse engineer, disassemble or otherwise attempt to construct or identify the Sites’ source code, formulas or processes;
    6. f. use, access or retain any Content in any manner or form whatsoever, unless expressly permitted by these Terms;
    7. g. use, obtain or attempt to obtain from the Site, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;
    8. h. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Site;
    9. i. do anything which will or may place an unreasonable load on the infrastructure of the Site;
    10. j. post, distribute or send any ‘spamming material’ or any other form of bulk communication;
    11. k. impersonate any person or entity;
    12. l. publish or disseminate any material which is unlawful, defamatory, indecent, offensive or inappropriate;
    13. m. use the Site to harass, defame, abuse, threaten or otherwise offend others; and
    14. n. transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Sites, their software or hardware.


5) DISCLAIMER

While we endeavour to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site, or to the services provided on it, at any time without notice. The material on this Site may be out of date, and we make no commitment to update such material.


6) LIABILITY

To the extent permitted by law, the material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

-           Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • Loss of income or revenue;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of anticipated savings;
  • Loss of data;
  • Loss of goodwill;
  • Wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.


7) INDEMNITY

You agree to indemnify, defend and hold harmless Free Conveyancing Company Pty Limited (ABN 81 141 534 269), its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Site, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.


8) DISPUTE RESOLUTION

  1. (a) If a dispute arises out of or relates to the terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. (b) A party to the terms claiming a dispute (‘dispute’) has arisen under the terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.
  3. (c) On receipt of that notice (‘notice’) by that other party, the parties to the terms (‘parties’) must:
    1. i. within 14 days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. ii. if for any reason whatsoever, 30 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the president of the Australian mediation association or his or her nominee;
    3. iii. the parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. the parties must each pay their own costs associated with the mediation;
    4. iv. the mediation will be held in Victoria, Australia.
  4. (d) Confidential all communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  5. (e) If 3 months have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

9) TERMINATION

We may at any time terminate or suspend any part of the Site without notice to you.


10) GOVERNING LAW AND JURISDICTION

  1. (a) These terms and conditions are to be construed in accordance with the laws of Victoria and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the Victorian Courts.
  2. (b) You agree and accept to be bound by the terms of our Privacy Policy.