'Ask Aussie' Application Terms and Conditions
The “Ask Aussie” application and its contents ("the Application") is owned and operated by AHL Investments Pty Ltd (“Aussie”).
By accessing or using the Application, you agree to accept and comply with these terms and conditions (“Terms and Conditions”).
Aussie reserves the right to amend these Terms and Conditions by placing a revised version of the Terms and Conditions on its website. Aussie therefore encourages you to check this document regularly, and before each time you use the Application.
This Application is intended for Australian residents aged 18 years and over only. Residents from other countries should not use this Application.
A Guide Only
All information as contained within or made available through the Application should be treated as a guide only. In developing this Application, Aussie generally uses a series of assumptions, which may not be applicable to your own circumstances. You acknowledge that the information may not be applicable to your personal circumstances and rely on the information at your own risk.
The information made available through the Application, is in most cases automatically provided based on the question submitted by you. In some cases, the Application may not be able to automatically provide a response and it may take up to 7 days or more to receive a response.
Aussie may refuse to provide response
Aussie may in its absolute discretion refuse to provide a response, including without limitation, for the following reasons:
- The question asked contains inappropriate content as determined by Aussie;
- The question asked does not relate to mortgage broking or deal with questions that relate to loans; or
- Aussie is not due to legal reasons able to respond.
Disclaimer and liability
This Application is provided on an “as is” basis. While Aussie has used reasonable endeavours to ensure that the information contained on and accessed through the Application is correct and current at the time of publication, Aussie does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, Aussie, its affiliated companies and their respective directors, employees, agents and contractors:
- Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Application, your access to the Application or results of your access, or the information, content, materials made available via Application; and
- Do not warrant that the functions on the Application will be uninterrupted or error-free, that any defects will be corrected, or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Aussie, its affiliated companies, franchisees or their respective directors, employees, agents and contractors) will Aussie, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Application, or arising out of or in connection with your use of the Application. Aussie’s liability for breach of any implied guarantee, warranty or condition which cannot be excluded, to the extent Aussie is able to do so, is limited at the option of Aussie to the supply of the services again or the payment of the cost of having the services supplied again.
You agree to indemnify and keep indemnified Aussie, its affiliated companies and their respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the Application (or any part of it) or the violation of these Terms and Conditions by you.
Intellectual Property & Restrictions on use
The Application is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Application contains trademarks, intellectual property and copyright protected works which is owned by Aussie, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Application for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Application, or incorporate any part of the Application into another web site without Aussie's express consent.
When you submit any materials via the Application, including questions (“Content”), you, unless Aussie advises otherwise, license and grant Aussie, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, including on the Application, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
You agree that you are fully responsible for the Content you submit. Aussie shall not be liable in any way for such Content to the full extent permitted by law. Aussie may remove any Content from the Application without notice for any reason whatsoever.
You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Termination and Cancellation
Aussie reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Application, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Aussie will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Aussie's liability will survive such termination.
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.