The Aussie Guarantee - Promotional offer ending 20/08/09

Terms and Conditions

1. Information on how to participate and the promotional offer form part of these Terms and Conditions. Participation in the promotional offer ("the Aussie Guarantee") is deemed acceptance of these Terms and Conditions. The Aussie Guarantee is not valid in conjunction with any other offer.
2. Subject to these Terms and Conditions, the Aussie Guarantee is only open to individuals who are Australian residents aged 18 years or over, who have either: (a) an Existing Eligible Home Loan; or (b) have obtained an Eligible Home Loan Pre-approval. Employees (and their immediate families) of the Promoter, Aussie Franchisees, Aussie Mortgage Brokers their related entities, and agencies associated with the Aussie Guarantee are ineligible. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3. For the purpose of the Aussie Guarantee, an Existing Eligible Home Loan means a home loan that is available to the general Australian public from an Australian home loan provider, excluding any ineligible home loan, which unless indicated otherwise, includes the following: (a) an existing fixed rate home loan or split fixed / variable rate home loan; (b) an existing Aussie Home Loan or an existing home loan from Aussie's panel of lenders that was arranged through an Aussie Mortgage Broker, unless the Promoter in its absolute discretion allows otherwise; (c) an existing home loan that is unavailable to the general public, including but not limited to, a bank employee home loan and a defence force personnel home loan; (d) a loan used for business purposes, including any type of business loan (i.e. loan funds must be for purchase of residential property); and (e) an existing home loan with an outstanding balance of less than $150,000.
4. For the purpose of the Aussie Guarantee, an Eligible Home Loan Pre-approval means a bona fide non-expired pre-approval provided (on lender's letterhead), that is not more than 14 days old, on a home loan that is available to the general Australian public from an Australian home loan provider, excluding any pre-approval for any ineligible home loan, which unless indicated otherwise, includes the following: (a) a pre-approval on an Aussie Home Loan or pre-approval for a home loan from Aussie's panel of lenders that was arranged through an Aussie Mortgage Broker; (b) a pre-approval for a home loan that is unavailable to the general public, including but not limited to, a bank employee home loan and a defence force personnel home loan; (c) a pre-approval on a loan used for business purposes, including any type of business loan (i.e. loan funds must be for purchase of residential property); and (d) a pre-approval for a home loan with a balance of less $150,000.
5. The Promoter reserves the right, at any time, to verify the validity of claims, home loan details or pre-approval details and participants (including a participant's identity, age and place of residence) and to disqualify any participant who does not participate in accordance with these Terms and Conditions or who tampers with the claim process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete or illegible claims will be deemed invalid.
6. Offer Period commences 1 August 2008 and closes when terminated by the Promoter in its absolute discretion, however will not be conducted during September 2008. The Promoter reserves the right to terminate the Aussie Guarantee at any time without notice. Termination shall be effective from date of posting notice at www.aussie.com.au, unless otherwise stipulated by the Promoter. The Aussie Guarantee will not run during September 2008, and the Promoter reserves the right to run a similar type of promotional activity during September 2008. Booking an appointment with an Aussie Mortgage Broker is essential for the Aussie Guarantee and is subject to availability.
7. Participants who have an existing home loan and who are looking to refinance their existing home loan: To participate, existing home loan owners must, during the Offer Period, present the requisite details of their Existing Eligible Home Loan to an Aussie Mortgage Broker, including official lender documentation confirming present interest rate, any revert rates (if applicable), all applicable fees and charges, outstanding balance and outstanding term of the loan and any other information that the Promoter may require for the purpose of the calculation. The participant will also be required to supply their bank details so that the gift can be deposited if they qualify. The Broker or Promoter will then assess their Existing Eligible Home Loan and determine whether they are able to provide details of the availability of a 'better deal'. The participant acknowledges that this may take up to 10 working days from the date of submitting the requisite details.
8. Participants who are looking at taking out a new home loan: To participate, the individuals must, during the Offer Period, provide their original Eligible Home Loan Pre-approval (on lender's letterhead) to an Aussie Mortgage Broker, confirming present interest rate, any revert rates (if applicable), all applicable fees and charges, amount to be borrowed and term of the loan and any other information that the Promoter may require for the purpose of the calculation. The participant will also be required to supply their bank details so that the gift can be deposited if they qualify. The Broker or the Promoter will then assess their Eligible Home Loan Pre-approval and determine whether they are able to provide details of the availability of a 'better deal'. The participant acknowledges that this may take up to 10 working days from the date of submitting the pre-approval.
9. For the purpose of determining whether the Aussie Mortgage Broker can provide details of the availability of a 'better deal', the Promoter will compare the Existing Eligible Home Loan or the Eligible Home Loan Pre-approval (as the case may be) to a new loan the Promoter acting reasonably considers will be available to the participant. The two loans will be compared having regard to the actual interest rate(s) and ascertainable and non-contingent fees applicable at the time of undertaking the assessment, assessed over a period of seven years from the date of assessment. Warning: Although a loan is less costly, it may not be wise for a participant to refinance to the new loan. This is because the comparison ignores such costs as Lenders Mortgage Insurance, early repayment penalties, and deferred establishment fees. Whether it is wise to refinance will depend on individual circumstances which your Aussie Mortgage Broker can help you understand. Make sure you understand the total cost of refinancing before proceeding. The comparison is undertaken on the interest rates current at time of the appointment. As interest rates are subject to change, the Promoter is not responsible should interest rates change at a later date. Any interest rate offered at settlement by the lender is at the lender’s discretion.
10. If the Promoter is unable to provide the participant with details of the availability of a better deal, in accordance with the requirements of these Terms and Conditions, the Promoter will provide the participant the gift of $300. The participant must allow at least 60 days, if they have opted to receive payment by EFT to their nominated bank account, from the date of confirmation by the Promoter that it cannot provide information on a 'better deal' to receive the payment. The participant must allow at least 120 days, if they have opted to receive payment by cheque, from the date of confirmation by the Promoter that it cannot provide information on a 'better deal' to receive the payment.
11. The participant acknowledges and agrees that the Aussie Guarantee is an assessment of the loans in accordance with these Terms and Conditions. If the participant decides to proceed with negotiating a loan, that all loans are subject to the lender’s own lending criteria and approval, which will depend upon each individual’s own circumstances, including security offered. The Promoter will take reasonable steps to provide information on a better home loan deal that may be available, however shall not be responsible if the lender declines to provide the loan due to the individual's circumstances, and the Promoter shall not be liable to pay out the gift in such circumstances.
12. Only one individual per household is permitted to participate in the Aussie Guarantee. Each individual is only permitted to check one (1) loan under the Aussie Gaurantee once every 12 months, subject to the Aussie Guarantee being terminated earlier. Individuals who participated in the “WinWin” promotion in May and June 2008 are not eligible to participate in the Aussie Guarantee for 12 months from the date of their participation in the “WinWin” promotion. Any individuals who participate in a similar type of home loan comparison promotion conducted by the Promoter during September 2008, are ineligible to participate in the Aussie Guarantee for 12 months from the date of their participation in the September 2008 promotion. If there is a dispute as to the identity of a participant, the Promoter reserves the right, in its sole discretion, to determine the identity of the participant.
13. The Promoter's decision is final and no correspondence will be entered into.
14. Gifts are not transferable or exchangeable.
15. If the Aussie Guarantee is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Aussie Guarantee, as appropriate. The Promoter reserves the right in its absolute discretion to revise these Terms and Conditions without notice, by posting a revised copy of the same at www.aussie.com.au.
16. Except for any liability that cannot be excluded by law, the Promoter, Aussie Franchisees, Aussie Mortgage Brokers and their related entities (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Aussie Guarantee, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's, Aussie Franchisees' or Aussie Mortgage Brokers' control); (b) any theft, unauthorised access or third party interference; (c) any claim or gift that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter, Aussie Franchisees or Aussie Mortgage Brokers) due to any reason beyond the reasonable control of the Promoter, Aussie Franchisees or Aussie Mortgage Brokers; (d) any variation in gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a participant; (f) participation in the Aussie Guarantee; or (g) a lender refusing to provide a loan to a participant.
17. The Promoter, Aussie Franchisees, and Aussie Mortgage Brokers collect personal information in order to conduct the Aussie Guarantee and may, for this purpose, disclose such information to third parties, including, but not limited to, agent and lenders and as required, to Australian regulatory authorities. Participation is conditional on providing this information. The Promoter may, for an indefinite period unless otherwise advised, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the participant. Participants should direct any request to access, update or correct information to the Promoter.
18. The Promoter is AHL Investments Pty Ltd of Level 23, 363 George Street Sydney NSW 2000. A.B.N. 27 105 265 861