MLAPP TERMS OF SERVICE
By using our Service, you agree to abide and be bound by these Terms.
1. Our Service
1.1 What is the Service?
MLAPP is an application for Mobile Devices which allows you to:
- save, view, review and utilise factual information about a person applying for, or offering to guarantee, a:
- home or consumer loan (whether for a principal place of residence or a residential property investment);
- commercial loan (including equity loans); or
- personal loan,
- view information about products and services provided by the businesses we partner with (Partners); and
- view content provided by accredited loan writers , brokers and credit providers and their respective managers/supervisors, principals, assistants (Other Content),
through the use of certain search criteria (the Service). Features of the Service are subject to change or termination at our discretion, without notice to you.
1.2 Provision of the Service
- Subject to you complying with these Terms, the Provider will provide the Service to you as set out in these Terms.
- To the extent permitted by law, we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the MLAPP application or the Service.
- We are not liable to you if the Service is unavailable for any reason.
- You must be over the age of 16 to use the Service.
- We may impose fees for your use of the Service, as set out on MLAPP (see "Fee disclosure and contract"). You must pay us such fees when due, as we direct. Once paid tous, fees are non-refundable. However, in some circumstances you may be legally entitled to a refund (for example, if there is a major problem with the MLAPP application or the Service, you may be entitled to a refund under Australian consumer laws). If you are legally entitled to a refund we will give one to you.
- You agree and acknowledge that where:
- you are one of a number of users of the Service within one business; or
- your business is part of a group of businesses using the Service for related purposes,
1.4 Payment method
- We may use a third-party payment processor (Payment Processor) to link your credit or debit card account to MLAPP and your purchase of the Services. The processing of payments in connection with your use of MLAPP and the Services will be subject to the terms and conditions, as well as the privacy policies, of the Payment Processor and your card issuer, in addition to these Terms. We are not responsible for any payment errors by the Payment Processor or your card issuer.
1.5 Suspension and cancellation
We may suspend or cancel the Service, or your access or use of the Service, at any time without prior notice (including where you do not pay fees due to us). You may cease to use the Service by removing MLAPP from your Mobile Device.
1.6 Marketing by the Provider
You agree that in providing our Service we (including our third party partners and contractors) may contact you and your customers in the course of the Service provision. We confirm that any such communications will comply with all applicable privacy and spam laws.
2.1 Right to install and use
We grant you the right to install MLAPP on your Mobile Device and use it for the sole purpose of accessing and using the Service.
We may update MLAPP from time to time. If you install an update, then MLAPP (as updated) will be subject to these Terms.
3. Your obligations
You must only access and use the Service:
- for activities relating to the operation of a credit provision, lending services or mortgage broking business or businesses, of which you are an owner or principal, director, manager, supervisor or an employee or contractor; and
- to undertake the collection of data, complete a loan application, or generally manage an activity or business described in clause 3.1(a); and
- in accordance with these Terms.
3.2 Prohibited acts
You must not:
- access or use the Service:
- in a way that violates these Terms or any applicable law;
- for illegal, unlawful or dangerous activities;
- in a way that infringes the rights (including Intellectual Property Rights) of any third party;
- sell, trade or resell any portion of, use of, or access to:
- the Service;
- Applicant Information;
- Partner Information; or
- Other Content,
and you must not copy, duplicate or reproduce any of the above material other than in connection with uses that are permitted under clause 3.1;
- transmit to MLAPP or use MLAPP to make available:
- any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- any material that you do not have a right to make available under any law or under a contractual or fiduciary relationship (such as confidential information learned or disclosed as part of employment relationships or under confidentiality agreements);
- any file or content that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or enable any theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data (Harmful Code);
- any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
- interfere with or otherwise disrupt MLAPP or systems that host or are connected to MLAPP.
You acknowledge and agree that:
- your use of the Service is solely at your own risk;
- we do not provide any lending, financial or professional advice;
- the Applicant Information and the search tool available through the Service may not include all criteria relevant to you when considering the suitability of a Applicant or an Application;
- you must take all necessary precautions (such as carrying out an appropriate virus check) prior to downloading any files relating to MLAPP to ensure that the files are free from Harmful Code or features that may interfere with or damage your Mobile Device;
- any and all information (including but not limited to Applicant Information, information about Partner Services and Other Content), data, text, software, music, sound, photographs, graphics, video, messages, tags, ideas, suggestions, documents, proposals or other material (Submitted Content) made available through MLAPP by you or any other user or advertiser, is the sole responsibility of the person from whom such Submitted Content originated;
- we have no responsibility whatsoever for Submitted Content and under no circumstances will we be liable in any way for any Submitted Content (including for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use of any Submitted Content made available via MLAPP).
- we may or may not pre-screen Submitted Content , but in any event we will have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any Submitted Content that is available via MLAPP;
- without limiting clause 3.3(g), we will have the right to remove any Submitted Content that violates there Terms or is otherwise objectionable; and
- the Service is not an offer capable of forming a binding contract in relation to a Product with us or an Applicant, or in relation to any Partner Services.
3.4 No reliance
- You must not rely on the Service to make any decision about an Applicant's suitability for any Product or related service. Before proceeding with any Application you should independently verify the accuracy, currency or completeness of all Applicant Information.
- Reliance on any information obtained through MLAPP or the Service (including reliance on its accuracy, completeness, or usefulness) is solely at your own risk, and we will have no liability to you or anyone else for any decision made or action taken in reliance upon such information.
You must take all reasonable steps to ensure no unauthorised person can access your MLAPP sign-in details or account or sub-account. It is your sole responsibility to:
- control the dissemination and use of your sign-in details (including username(s) and password(s);
- authorise, monitor, and control access to and use of your password and MLAPP account or sub-account; and
- promptly inform the Provider if you believe your password or account or sub-account has been compromised.
3.6 Right to access your account
You acknowledge that we may access, preserve and disclose information about your MLAPP account or sub-account and Submitted Content if required by law or if we have a good faith belief that such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms;
- respond to claims that the rights of third parties have been violated;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of the Provider, its users and the public.
By agreeing to these Terms, you consent to the activities described in this clause.
MLAPP and the software embodied within it may include security components that permit digital materials to be protected. You acknowledge that use of these materials is subject to usage rules set by the Provider and/or its suppliers. You must not attempt to override or circumvent any of the usage rules embedded into MLAPP. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on MLAPP, in whole or in part, is strictly prohibited.
4.1 Applicant Information
Applicant Information is provided to us by you, by a bank, financial institution, broker or provider or lending services which you have a business relationship, or by the Applicant. We do not control the Applicant Information made available on MLAPP and have no responsibility for the accuracy, integrity or quality of any Applicant Information. Applicant Information may be updated or changed only by you or by the Applicant.
4.2 No recommendation
We do not (expressly or by implication) recommend, approve of, or endorse any Applicant, any Application or any Product.
5. Partners, Other Content and Third Party Sites
5.1 Partner Services and Other Content
Information about Partner Services is provided to us by Partners and Other Content is supplied by third parties that we do not control. We are not responsible for the accuracy or completeness of any such information or content. We may update or change Other Content and information about Partner Services without notice to you.
5.2 No recommendation
We do not (expressly or by implication) recommend, approve of, or endorse any Partner or Partner Service or Other Content.
5.3 Partner Services
You may contact a Partner to enquire about or obtain Partner Services. If you contact a Partner:
- you do so on your own behalf and we in no way act as your agent;
- you must enter into separate contractual arrangements with that Partner in respect of any Partner Services it provides to you; and`
- we have no liability whatsoever in relation to any Partner Services provided to you.
5.4 Third Party Sites
- MLAPP may include links to third-party web sites.
- We neither recommend nor endorse the content on any third-party websites.
- We are not responsible for the content of linked third-party sites, sites framed within our website or third-party advertisements, and we do not make any representations regarding their content or accuracy.
6. Information protection
6.1 Intellectual Property Rights
- The Provider (or its licensors) owns all Intellectual Property Rights in MLAPP and the Service. The only rights you have in relation to MLAPP and Service are those granted under these Terms, and those rights are subject to these Terms.
- You agree that you will not alter, modify, reverse assemble or reverse compile any information or content available on MLAPP unless you have the Provider's written permission to do so.
- Any use of the Service not expressly permitted by those Terms may be a breach of copyright, trade mark and other laws, as well being a breach of these Terms.
- You must comply with all privacy and data protection laws binding on you in respect of the Applicant Information.
6.3 Location information
- use your Mobile Device's location information to provide the Service; and
- log your Mobile Device's location information for security purposes and to enable other functionality for MLAPP where location information is required.
7. Liability and Indemnity
- The use of MLAPP and its content is at your own risk. MLAPP and its content are provided on an "as is" basis. To the fullest extent permitted by law, the Provider, its licensors, and its suppliers disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
- Without limiting clause 7.1(a), the Provider, its licensors, and its suppliers make no representations or warranties as to:
- the accuracy, reliability, completeness, currency, or timeliness of: MLAPP, any software, text, graphics, links, or communications provided on or through MLAPP, or any Applicant Information, information about Partner Services or other content available through the Service (including Other Content);
- the satisfaction of any statutory or regulatory requirements regarding disclosure of information about Products, or the approval or legal compliance of any software tools contained in MLAPP.
- If any warranty cannot be lawfully excluded from these Terms, then to the extent permitted by law our liability to you for any breach of that warranty is limited, at our option, to:
- resupplying, repairing or replacing the Service; or
- payment of the cost of supplying the Service again.
7.2 Limitation of Liability
To the fullest extent permitted by law, the Provider, its licensors, its suppliers, or any third parties mentioned on MLAPP will not in any event be liable for any loss or damages of any kind (including without limitation incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use MLAPP or the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Provider, its licensors, its suppliers, or any third parties mentioned on MLAPP are advised of the possibility of such damages.
7.3 Consumer laws
Nothing in these Terms is intended to modify or exclude any provision of any consumer law applying to the Provider (including any requirement that the Provider compensate you for loss or damage, or give you a refund), if the Provider is prohibited by law from modifying or excluding that provision in a contract.
You agree to indemnify in full and hold harmless the Provider and its officers, directors, employees, agents, licensors and suppliers, from and against any loss, damage, costs, expense, claim, action, demand or liability (including reasonable legal fees), resulting from, or alleged to result from:
- your use of MLAPP, the Service, any Partner Services or any other content available through MLAPP (including Other Content); or
- your breach of these Terms.
8.1 In this clause 8, "Confidential Information" means
- all Applicant Information;
- all trade secrets and intellectual property of the Provider, and any information concerning the business or finances of the Provider;
- any information relating to the business affairs of the Provider including its methods of operation, marketing strategies, management practices and activities;
- any information which has been disclosed to the Provider by any third party (including clients or customers) under any agreement or arrangement requiring the Provider to keep such information confidential; and
- any information pertaining to the officers and employees of the Provider.
However, Confidential Information does not include information that is freely available to the public (other than as a result of a breach of these Terms).
8.2 You will not (except as expressly authorised by these Terms) directly or indirectly:
- disclose or reveal to any individual, partnership, corporate body or other organisation;
- otherwise make use of; or
- directly or indirectly seek to obtain any financial advantage from,any Confidential Information.
8.3 Nothing in this clause will prevent you from disclosing information to comply with an applicable law or an order of a court.
8.4 If we cease to provide you with the Service, you must deliver to us without any further demand any and all:
- documents (including paper and electronic copies) in your possession or control that contain or relate to Confidential Information; and
- other property of the Provider in your possession or control.
9.1 Changes to Terms
We may change these Terms at any time. The most current version of these Terms is available at [www.mlapp.com.au]. You agree that if we change these Terms, you will be bound by the Terms as changed, if you continue to use the Service after we make those changes.
9.2 Overseas access to MLAPP
The Provider is based in New South Wales, Australia. Access to MLAPP and the Service may not be legal by certain persons or in certain countries. If you access MLAPP from outside Australia, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Your Obligations - Acknowledgements; Information Protection; Liability and Indemnity; and General - Entire agreement and Governing law and jurisdiction.
9.4 Entire agreement
These Terms set out the entire agreement between you and us with respect to the Services and the use of MLAPP.
No waiver of any of these Terms will be deemed a further or continuing waiver of such term or any other term.
If any part of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these Terms will continue in force.
9.7 Governing law and jurisdiction
- These Terms are governed by the laws applying in the State of New South Wales, Australia.
- You expressly agree that exclusive jurisdiction for any dispute with the Provider, or in any way relating to your use of MLAPP, resides in the courts of New South Wales Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of New South Wales in connection with any such dispute including any claim involving the Provider or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, Partners, content providers, other suppliers or other users.
10. Definitions and interpretation
In these Terms:
Application means any application for a Product made by an Applicant.
Harmful Code is defined in clause 3.2(d)(iii).
Intellectual Property Rights or IPR means all intellectual property rights, including but not limited to, the following rights:
- patents, copyright (including future copyright), rights in circuit layouts, registered and unregistered designs, moral rights, registered and unregistered trade marks, service marks, trade names and any right to have confidential information kept confidential; and
- any application or right to apply for registration of any of the rights referred to in paragraph (a).
Mobile Device means a mobile phone, smart phone, tablet computer, or any other device on which MLAPP can be installed and used.
Other Contentis defined in clause 1.1(c).
Partner Service means any service offered by a Partner.
Product means any home, commercial or personal loan product offered to an Applicant by you or by any bank, financial institution, broker or provider of lending services with which you have a business relationship.
Service is defined in clause 1.1.
Submitted Content is defined in clause 3.3(e).
In these Terms:
- words denoting the singular number include the plural and vice versa;
- words denoting any gender include all genders;
- a reference to a person includes a partnership, body corporate, government department or authority, association or other legal entity;
- a reference to any party to this agreement includes its successors and permitted assigns and permitted substitutes;
- a reference to any party to this agreement includes its successors and permitted assigns and permitted substitutes;
- the clause headings are for reference only and have no effect on the language of the provisions to which they relate; and
- inclusive examples do not limit the scope of the subject matter.