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1. Introduction

1.1 This disclaimer shall govern your use of www.propertytwins.com.au

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2017, Property Twins.

3.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

(c) print pages from our website,

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with the Australian law.

10.2 Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Australia.

11. Additional Disclaimers around Property Twins Fees & Charges and Credit Advice

11.1 Borrowing Capacity Assessment: Borrowing capacity will be assessed on the basis of the information you provide to us on the Fact Find form, and it may not constitute the full picture of your financial situation. This assessment is in no way a confirmation that a lender will approve the loan, as the approvals are subject to lender policies, and will be assessed when a full application is lodged with the lender. Additionally, any advice is based on current lending calculators available, and is subject to change by the lenders at any point in time.

11.2 Upfront valuations: Upfront valuations are subject to lender policies, and may be unavailable where Loan to Value ratio is higher than 80%

11.3 ‘No cost to you service’: No cost to you service refers to Property Twins’ services provided to you, and does not refer to lender charges and costs

11.4 Lender commission claw backs: Whilst Property Twins’ home loan services are at no cost to you, and Property Twins’ are remunerated by the lenders for the lending arrangements, where you refinance from the lender within two years, Property Twins’ commissions may be clawed back by the lender. As such, before Property Twins engage in providing you with home loan services, including refinance services, Property Twins may issue you a Quote noting the fees that you will be liable to pay Property Twins Finance Pty Limited, should the commission be clawed back, due to you refinancing the loan. This Quote will be required to be signed by you, prior to Property Twins providing any credit advice to you.

11.5 Other fees and charges: You may be liable to pay fees and charges to the lender or other parties. Some of these fees and charges may be payable by you even if you choose not to proceed with an application for the loan, or your application is not successful, or we recommend that you remain in your existing loan (if applicable).

11.6 Income tax advice: The services Property Twins provide do not constitute income tax advice, as such, please seek tax advice directly from your Tax Accountant.

11.7 Lender rebates / cash backs: From time to time, lenders provide refinance or cash back offers, where a property is refinanced to them from another financial institution (outside of their group). These rebates are based on lender qualifying criteria.  Lenders reserve the right to no longer offer these rebates at any time, depending on when the refinance application is lodged or change in lender policies. Lenders may require you to adhere to specific terms and conditions, and where these conditions are not satisfied, the lender rebate may not be applicable. As mortgage brokers, under responsible lending, we make recommendations of the most suitable lender for your specific circumstances. As such a lender providing the lender rebate may not be suitable to you. Accordingly, we reserve the right to make recommendations to you, and may include lenders not offering the lender rebate.

Generally, where approved, the refinance rebates are paid by the lenders 4 to 8 weeks after settlement.

Lender may choose to pay the rebate in form of another incentive, such as a gift card.

The rebate will assist borrowers in covering costs associated with their refinance.

Property Twins do not take responsibility of lender policy changes or you not having ‘serviceability’ with a lender providing the rebate.

11.8 Interest rates on offer: The advertised interest rate may reflect a rate available for a lender. However, it is the assessment of your circumstances, goals and needs that facilitate lender recommendation. As such, you may not qualify for the lowest interest rate available on the market. Additionally, based on our research and product features, the product with the lowest interest rate may not be suited to your goals.

The interest rates on offer by lenders are determined based on a number of factors, including Loan to Value ratio, loan amount borrowed, location of the security,  to name a few. As such, a borrower may not qualify for an interest rate if they do not meet the lender’s criteria.

Depending on the lender fees and charges, whilst your interest rate may be x.xx%, the comparison rate will differ.

11.9 Comparison rate: All comparison rates are based on $150,000 home loan for a term of 25 years.This comparison rate is true only for the examples given and may not include all fees and charges. Different terms, fees or other loan amounts might result in a different comparison rate.

12. Our details

12.1 This website is owned and operated by Property Twins.

13.2 You can contact us: at info@propertytwins.com.au

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