Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "user") and Bendigo Home Loan Broker ("we", "our", "us", or "Bendigo Home Loan Broker") governing your access to and use of the website located at https://bendigohomeloanbroker.com.au and any related services we provide.

By accessing or using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accessing or using our services on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.

2. Service Description & Disclaimer

2.1 Services Provided

Bendigo Home Loan Broker provides a referral service connecting borrowers with our network of licensed finance professionals. Our website provides general information about home loan and mortgage broking services in the Bendigo area and allows you to submit enquiries to be matched with a qualified broker.

2.2 Referral Nature of Service

Bendigo Home Loan Broker operates as a lead generation and referral service. We do not provide credit advice directly. When you submit an enquiry through our website, we connect you with independent, qualified mortgage brokers who may be able to assist with your home loan requirements.

All mortgage brokers in our network operate under their own Australian Credit Licence. Individual brokers maintain their own licences, professional indemnity insurance, and AFCA membership.

2.3 Service Limitations

Our services are subject to the following limitations:

• Services are provided within our advertised service areas in the Bendigo and Greater Bendigo region
• Availability of brokers may vary based on demand, capacity, and other factors
• We do not guarantee that any specific broker will be available or suitable for your needs
• We reserve the right to refuse service to anyone for any lawful reason

2.4 No Guarantee of Availability

We strive to ensure our website and services are available at all times, but we do not guarantee uninterrupted access. We may suspend, withdraw, or restrict availability of all or any part of our services for business or operational reasons.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our services under Australian law or any other applicable jurisdiction

By using our services, you represent and warrant that you meet these eligibility requirements.

4. User Obligations

4.1 Accurate Information

You agree to provide accurate, current, and complete information when using our contact forms, requesting quotes, or otherwise communicating with us. You are responsible for maintaining the accuracy of your information.

4.2 Prohibited Uses

You agree not to use our website or services to:

• Violate any applicable laws, regulations, or these Terms
• Infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, threatening, abusive, defamatory, or otherwise objectionable content
• Attempt to gain unauthorised access to our systems or networks
• Interfere with or disrupt the operation of our website or services
• Collect or harvest personal information from our website without authorisation
• Use automated systems (bots, scrapers, etc.) without our express written permission
• Engage in any activity that could damage, disable, or impair our services
• Impersonate any person or entity or misrepresent your affiliation
• Send unsolicited communications or spam

4.3 Compliance with Laws

You are responsible for ensuring your use of our services complies with all applicable laws and regulations in your jurisdiction.

5. Intellectual Property

5.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, audio, video, software, and the compilation thereof ("Content"), is the property of Bendigo Home Loan Broker or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

5.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our website for personal, non-commercial purposes. This licence does not include the right to:

• Modify, reproduce, or distribute our Content without written permission
• Use our Content for commercial purposes without our express consent
• Remove any copyright, trademark, or other proprietary notices
• Frame or mirror any portion of our website

5.3 Trademarks

Bendigo Home Loan Broker and any associated logos, product names, and service names are trademarks of Bendigo Home Loan Broker. You may not use these trademarks without our prior written permission.

5.4 User Submissions

By submitting content to us (such as through contact forms or enquiries), you grant us a non-exclusive, royalty-free, perpetual, and irrevocable licence to use, reproduce, modify, and display such content in connection with our services.

6. Referral Service Disclaimer

6.1 No Financial Advice

The information on this website is general in nature and is not intended to be, and should not be relied upon as, financial advice. You should seek independent professional advice relevant to your specific circumstances before making any financial decisions.

Any information, materials, or content on this website do not constitute:

• Financial advice or credit advice
• A recommendation to enter into any financial product
• Tax advice
• Legal advice

6.2 Third-Party Service Providers

When we refer you to a mortgage broker from our network:

• The broker is an independent professional, not an employee of Bendigo Home Loan Broker
• You should verify the broker's credentials, licences, and qualifications independently
• Any agreement you enter into is between you and the broker directly
• We are not responsible for the quality, accuracy, or outcome of services provided by referred brokers

6.3 Referral Relationships

Bendigo Home Loan Broker may receive referral fees, commissions, or other compensation from brokers or lenders when you engage their services through our referral. This does not affect the cost of services to you.

6.4 No Guarantees

While we endeavour to connect you with reputable, qualified brokers, we make no guarantees regarding:

• The availability of brokers in your area
• The suitability of any broker for your specific needs
• The outcomes of any loan application or financial arrangement
• Interest rates, fees, or loan terms available to you
• The accuracy of information provided by third parties

6.5 Your Responsibilities

By using this website and our referral service, you agree to:

• Conduct your own due diligence on any broker or lender
• Verify licences, credentials, and insurance where applicable
• Seek independent professional advice for your specific financial situation
• Read and understand any credit contracts or agreements before signing

7. Limitation of Liability

7.1 Website Provided "As Is"

Our website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 No Guarantee of Results

We do not guarantee any specific results from the use of our services, including loan approval, interest rates, or savings amounts. Any examples or general information are not guarantees of future outcomes.

7.3 Limitation of Damages

To the maximum extent permitted by law, Bendigo Home Loan Broker and its directors, officers, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use our services
• Damages arising from any errors, mistakes, or inaccuracies in our Content
• Damages arising from any referral to a broker or lender
• Damages arising from any services provided by a referred broker
• Unauthorised access to or alteration of your data
• Statements or conduct of any third party on our services

7.4 Maximum Liability

In any event, our total liability to you for all claims arising from or relating to these Terms or your use of our services shall not exceed the greater of: (a) the amount you paid to us in the 12 months prior to the claim; or (b) AUD $100.

7.5 Australian Consumer Law

8. Indemnification

You agree to indemnify, defend, and hold harmless Bendigo Home Loan Broker and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our services

This indemnification obligation shall survive the termination of these Terms and your use of our services.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.

Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the courts of Victoria, Australia, and you consent to the personal jurisdiction and venue of such courts.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us to attempt to resolve any dispute informally. We will endeavour to resolve disputes within 30 days of receiving notice.

10.2 Mediation

If a dispute cannot be resolved informally, the parties agree to attempt to resolve the dispute through mediation administered by a mutually agreed mediator or, failing agreement, a mediator appointed by the Resolution Institute (Australia).

10.3 Legal Proceedings

If the dispute is not resolved through mediation within 60 days, either party may commence legal proceedings in accordance with Section 9 (Governing Law).

10.4 Exception

Nothing in this section prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

11. Termination

11.1 Termination by You

You may stop using our services at any time. If you have any ongoing service agreements with us, please refer to the terms of those agreements for termination procedures.

11.2 Termination by Us

We may suspend or terminate your access to our services at any time, with or without notice, for any reason, including if we reasonably believe:

• You have violated these Terms
• You have engaged in fraudulent or illegal activity
• Your use poses a security risk to us or others
• Continued provision of services is not commercially viable

11.3 Effect of Termination

Upon termination:

• Your right to use our services will immediately cease
• We may delete your data in accordance with our Privacy Policy
• All provisions of these Terms that should reasonably survive termination shall survive, including intellectual property provisions, limitation of liability, indemnification, and governing law

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of these Terms
• Post the revised Terms on our website
• For material changes, we may provide additional notice

Your continued use of our services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using our services.

We encourage you to review these Terms periodically.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Bendigo Home Loan Broker regarding your use of our services.

13.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

14. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Business: Bendigo Home Loan Broker
• Email: loans@bendigohomeloanbroker.com.au
• Phone: 03 5609 3863
• Website: https://bendigohomeloanbroker.com.au