Legal

Terms of use

The terms that apply when you use this website, including content ownership, acceptable use and liability.

1.1

These Terms and Conditions of Use (the “Terms of Use”) apply to the Website located at hackmortgages.com.au (the “Website”), operated by MIRH Group Pty Ltd trading as Hack Mortgages (“Hack Mortgages”), and all associated Websites linked to the Website.

By using this Website, you agree to these Terms of Use. If you do not agree, do not use the Website.

2. Content

2.1

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by Hack Mortgages, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

2.2

Hack Mortgages does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Hack Mortgages and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

2.3

Except as expressly provided no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Hack Mortgages’ express prior written consent.

2.4

Hack Mortgages and each party providing Content to the Website are limited in their liability, to the extent permitted by law, to the resupply of the Content. Hack Mortgages does not accept responsibility for any liability in respect of access to other content through the use of this Website.

3.1

You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Hack Mortgages server, or to any other services offered on or through the Website by hacking or any other illegitimate means.

3.2

You must not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

3.3

You must not trace or seek to trace any information of any user or customer of Hack Mortgages, including any Hack Mortgages account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

3.4

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Hack Mortgages’ systems or networks, or any systems or networks connected to the Website or to Hack Mortgages.

3.5

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

3.6

You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hack Mortgages on or through the Website or any service offered on or through the Website. You must not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

3.7

You must not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hack Mortgages or others.

4.1

Additional terms and conditions may apply to the purchase of goods or services and to specific portions or features of the Website all of which terms are made a part of these Terms of Use by this paragraph.

4.2

You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall have authority with respect to your use of that portion of the Website or the specific service.

5.1

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law, the Australian Securities and Investments Commission Act 2001 (Cth) or any other law, where to do so would be unlawful or would make any part of these Terms of Use void. Where liability for breach of any such guarantee or term can be limited, Hack Mortgages’ liability is limited, to the extent permitted by law, to resupplying the relevant services or paying the cost of having them resupplied.

5.2

To the extent permitted by law, Hack Mortgages makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website. You agree that your use of this Website is at your own risk.

5.3

To the extent permitted by law, Hack Mortgages excludes all warranties, express or implied, in relation to this Website. Hack Mortgages does not warrant that this Website, its servers or email sent from Hack Mortgages are free of viruses or other harmful components. To the extent permitted by law and subject to clause 5.1, Hack Mortgages is not liable for any loss or damage (including indirect, incidental or consequential loss or damage) arising from your use of this Website.

5.4

You are responsible for your use of this Website. If you are dissatisfied with this Website or any Content, you may stop using it. This does not limit any right or remedy you have under clause 5.1.

5.5

To the extent permitted by law, the disclaimers in this clause 5 apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use of this Website, whether for breach of contract, tort, negligence or any other cause of action.

5.6

Hack Mortgages reserves the right to do the following, at any time, without notice:

(a)

modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

(b)

modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and

(c)

interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6.1

To the extent permitted by law, you indemnify Hack Mortgages and its employees, contractors and agents against all loss, actions, proceedings, costs, expenses (including reasonable legal fees), claims and damages arising from the following, except to the extent caused or contributed to by the negligence or wrongful act of Hack Mortgages or its employees, contractors or agents:

(a)

any breach by you of these Terms of Use; or

(b)

any unlawful use of the Website by you.

7.1

The Website (excluding any linked third party Websites) is controlled by Hack Mortgages. These Terms of Use are governed by the laws of South Australia. You submit to the non-exclusive jurisdiction of the courts of South Australia and the courts that may hear appeals from them.

7.2

Although this Website can be accessed throughout Australia and overseas, Hack Mortgages does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.