Terms and Service
DEFINITION OF TERMS
The following terms shall have the following meanings: i) You means any person accessing this website for whatever purpose. ii) "Our" "us" or "we" shall be in reference to SproutOnWeb Pty. Ltd. (ACN: 138 602 418, ABN: 72 138 602 418) and any of its affiliated companies or organizations, including but not limited to Winningquote.com.au. iii) "Lender" shall mean a bank, credit union, building society or any other financial institution licensed under the law to carry out business of lending, including but not limited to the provision of loan services, with whom we have entered into an arrangement to provide loan leads.
REQUEST FOR LOAN SERVICE
We at Winningquote.com.au offer a service to people willing and able to take a loan, and the service itself involves a potential homeowner filling a request for loan request form, which is then submitted to various lenders, and one or more of such lenders may make an offer to the person requesting the loan. Note that we do not extend financial facilities and we do not make loans or credit decisions in connection with loans; we only match your request with lenders willing to accommodate your request, and we do not undertake that an offer by any lender will be extended.
Winningquote.com.au performs computerized loan origination services for Lenders and earns revenue from selling loan leads to such Lenders. You will not be charged directly by us if you do not take out a loan offer, in which case a computerized loan fee shall be chargeable to you, and such fees may be included in the loan terms that you agreed with the Lender. Winningquote.com.au does not endorse or recommend the products of any particular Lender. Except as stipulated by the law of agency currently in force in New South Wales and throughout the Commonwealth of Australia, Winningquote.com.au is not an agent of any Lender. We also do not act as your agent but an independent business entity.
Users are advised to rely on their own judgment in deciding which available loan product, terms and Lender best suits their needs and financial means. The Lender is solely responsible for its services to you, and you agree that Winningquote.com.au shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request information and any other information provided by Winningquote.com.au or received by them in the processing of your loan request, whether or not you are qualified for a loan with them or if you make a loan with them. You agree to notify any particular Lender directly if you no longer want to receive communications from them.
The services provided by Winningquote.com.au are available in connection with loans made on real property located in the Commonwealth of Australia unless otherwise specified. Loans may only be made to residents of, or secured by real property located in, states within the commonwealth where Lenders are licensed or authorized to make such loans. Winningquote.com.au and the Lenders expressly reserve the right to discontinue, suspend or terminate the offering of any loan product in any specific state or jurisdiction without prior notice.
By submitting the loan request by clicking the "submit" button on our website, you are extending an express invitation to each Lender you have been matched with to contact you by any of the means you provided including email and telephone so they may assist you with your transaction, and you hereby consent to any such calls and emails at the number and/or email address you provided or at another address that may be associated with you that we receive from Lenders or other parties and you hereby consent to any such email so it will not be considered spam. Winningquote.com.au has the right to retain any provided information and to make calls, whether live or recorded to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the delivery of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete.
In addition to providing loan leads to potential customers, WinningQuote.com.au also provides conveyancing services through third party websites, including but not limited to property purchases, property sales, transmissions of deceased estate and related party title transfers. The conveyancing services are provided using content created by third parties (i.e. not by WinningQuote.com.au), as well as other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, winningQuote.com.au does not endorse, sponsor or approve any Third Party Content or the products or services offered through third party websites. WinningQuote.com.au also provides non-affiliated lenders with credit report from third party providers who are duly licensed to provide Credit information under the privacy Act 1998. Such reports are to be provided on an �AS IS� basis and we are not liable for any error in the reports that originate from third party prtners.
LIST OF OUR NON-AFFILIATED LENDER
Winningquote.com.au seeks to provide you multiple conditional loan offers through its network of nonaffiliated Lenders (including banks, thrifts institutions, building societies, credit unions and other finance companies). For the current list of our lenders, click here.
BRIEF DESCRIPTION OF LOAN MATCHING PROCEDURE
To determine which Lenders may be matched with you, Lenders provide to us a pre-determined criteria about the type of loan (for example, loan amount; whether purchase or refinance) and the type of loan customer (for example, profession, state of residence or creditworthiness) in which the Lender is interested. WinningQuote will send the information you have provided to a number of lenders whose criteria match your profile.
COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
The text, graphics and images that appear on this site are protected by the laws of New South Wales, the Commonwealth of Australia and other applicable international laws on copyright. ALL of the texts, graphics and images of this site are works of authorship and are the exclusive property of Sproutonweb Pty. Ltd. and are only presented on the internet for the purposes of visual reference only. As such, the images, texts and graphics that appear on this website may not be copied, reproduced, rewritten, broadcast or redistributed without written permission from the owner. You may also not alter the content of this website in any manner. WinningQuote is a service mark of Sproutonweb Pty. Ltd. Other product and company names mentioned herein, including the names of Lenders, may be the trademarks of their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the Websites, without the prior written permission of the Sproutonweb or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Sproutonweb and any affiliated company, the Lenders, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Sproutonweb in writing.
DISCLAIMERS AND LIABILITY
Winningquote.com.au intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Winningquote.com.au at any time. Under no circumstances shall we be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Winningquote.com.au website.
The website and the information, software, products and services associated with it are provided on an "as is" basis. WiningQuote.com and/or its holding/affiliated organizations, disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the website and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of this website and/or Winningquote.com.au's services is at your own risk. Winningquote.com.au and/or its partners are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use or the inability to use the website and/or WinningQuote's services or with the delay or inability to use the websites, or for any information, software, products and services obtained through the websites, including but not limited to reliance by you on any information obtained at the websites, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to WinningQuote's records, programs or services, , or otherwise arising out of the use of the websites, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if WinningQuote and/or its suppliers, providers or real estate professionals have been advised of the possibility of damages.
ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
Winningquote.com.au may choose to electronically deliver all information related to its services and your requests. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Winningquote.com.au and its non-affiliated partners, who may all communicate with you by sending a message to the email address you provided or at another address that may be associated with you.
As a condition of use of the Website and/or accessing Winningquote.com.au's services, you agree to indemnify us, our employees, directors, agents, suppliers, Lenders, Providers or real estate professionals from and against any and all liabilities, expenses (including Solicitor's fees) and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTY WEBSITES
This website may contain links to other websites provided by third parties. Such sites are completely independent to this site and as we have no control over them, we accept no liability in respect of the your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this site, and neither do we endorse any of these sites or their products and services. Should you elect or enter into a binding contract with any of this site, we are not involved in any way and therefore we will not be liable in contract or otherwise for any injury, loss or damage suffered as a result of your accepting or offering to accept any products or service that are available from those sites
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Winningquote.com.au, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy ("Dispute"), shall be settled by arbitration in the first instance. Any party unsatisfied by the arbitration award may file a claim in any courts in Sydney, New South Wales. In any arbitration, each party shall bear their own filing fee, plus the costs associated with arbitration.
The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement shall be subject to and construed in accordance with the laws of the New South Wales as well as applicable federal laws and expressly excludes any conflict of laws provision, whether express or implied. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.