Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the Mortgagefy website located at www.mortgagefy.com.au and any related subdomains (the "Website"), as well as your engagement of mortgage broking services provided by Mortgagefy (ACN 123 456 789) ("Mortgagefy", "we", "us" or "our").

By accessing or using our Website, submitting an enquiry, or engaging our services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Website and services.

These Terms should be read together with our Privacy Policy and Credit Guide, which are incorporated into these Terms by reference.

We reserve the right to amend these Terms at any time. Amendments take effect from the date they are published on this page. Your continued use of the Website or our services after any changes are posted constitutes your acceptance of the updated Terms.

2. About Our Services

Mortgagefy is an authorised credit representative (Credit Representative No. 532656) operating under Australian Credit Licence 348324. We are regulated by the Australian Securities and Investments Commission (ASIC) under the National Consumer Credit Protection Act 2009 (NCCP Act).

Our services are limited to credit assistance as defined under the NCCP Act. Specifically, we:

• Suggest or assist you to apply for a particular credit contract or consumer lease
• Suggest you remain in a particular credit contract or consumer lease
• Assist you to apply for an increase in the credit limit of a credit contract
• Compare home loan products from our wide panel of lenders to identify suitable options for your circumstances
• Prepare and lodge loan applications on your behalf
• Liaise with lenders, valuers and conveyancers throughout the application and settlement process

Important limitation: We do not provide financial planning advice, tax advice, legal advice, or any advice regulated under the Corporations Act 2001 (Cth). If you require financial planning, investment or tax advice, you should consult a licensed financial adviser or registered tax agent. Nothing on this Website constitutes financial product advice.

3. Our Obligations

Responsible Lending

We are bound by the responsible lending obligations under the NCCP Act. Before recommending a credit product, we are required to make reasonable inquiries about your financial situation, requirements and objectives, and to assess whether the proposed credit contract is "not unsuitable" for you. We will not recommend a loan that we believe is unsuitable for your needs or that you are unlikely to be able to repay without substantial hardship.

Best Interests Duty

As a mortgage broker, we are subject to the Best Interests Duty under the NCCP Act (effective January 2021). This means we must act in your best interests when providing credit assistance. This duty requires us to prioritise your interests above our own commercial interests when making recommendations.

Disclosure Obligations

We are required by law to provide you with:

• A Credit Guide at the beginning of our engagement, explaining our services, licensing and remuneration
• A Credit Proposal Disclosure Document before any loan is submitted to a lender, detailing the recommended product and commissions payable
• A Written Assessment confirming that the recommended loan is not unsuitable for you, available on request within 7 years

4. Your Obligations

To enable us to provide you with appropriate credit assistance, you agree to:

• Provide accurate and complete information: You must provide us with truthful, accurate and up-to-date information about your financial situation, employment, income, assets, liabilities and any other matters relevant to your loan application. Providing false or misleading information may constitute fraud and can result in serious legal consequences.
• Not misrepresent your financial circumstances: You must not overstate income, understate expenses or liabilities, conceal existing debt obligations, or otherwise misrepresent your financial position to us or to any lender.
• Promptly provide required documents: You agree to supply requested supporting documents (such as payslips, bank statements, tax returns and identification) in a timely manner to avoid delays in processing your application.
• Notify us of material changes: You must promptly inform us of any material changes to your financial circumstances (such as change of employment, additional debts or changes in income) that occur after your initial application.
• Comply with lender requirements: You agree to comply with the terms and conditions set by any lender to whom we submit an application on your behalf.

We accept no responsibility for any adverse outcomes, loan refusals or losses arising from inaccurate or incomplete information provided by you.

5. Website Use

Permitted Use

You may use our Website for lawful personal purposes only. You must not:

• Use the Website in any way that is unlawful, fraudulent or harmful
• Attempt to gain unauthorised access to any part of our Website, server or systems
• Transmit any unsolicited commercial communications, malware, viruses or harmful code
• Scrape, copy, reproduce or republish any content from our Website without our prior written consent
• Use automated tools (bots, crawlers, spiders) to access or extract data from our Website
• Engage in any activity that places an unreasonable or disproportionate load on our infrastructure

Intellectual Property

All content on this Website — including text, graphics, logos, images, calculator tools and software — is the property of Mortgagefy or its content licensors and is protected by Australian and international copyright laws. You may not reproduce, distribute, adapt or commercially exploit any content without our express written permission.

Third-Party Links

Our Website may contain links to third-party websites (such as lender websites, government resources or industry bodies). These links are provided for convenience only. We do not endorse, control or take responsibility for the content or privacy practices of any third-party website.

Website Availability

We endeavour to keep our Website available at all times, but we do not guarantee uninterrupted access. We may suspend or withdraw the Website at any time without notice for maintenance, updates or other reasons.

6. Calculator Disclaimers

Our Website includes a range of financial calculators, including borrowing power calculators, repayment calculators, stamp duty estimators, LMI calculators and refinance savings calculators.

All calculator results are estimates only, based solely on the inputs you provide. They are provided for general information and illustrative purposes and do not constitute financial advice, credit assistance or a credit assessment.

Actual loan amounts, interest rates, repayment amounts, stamp duty obligations, LMI premiums and refinance savings may differ materially from calculator outputs based on:

• Individual circumstances, including your credit history, income, expenses and existing liabilities
• Lender credit policies and serviceability assessment rates, which vary by lender and change over time
• Current market interest rates and any applicable rate discounts
• Government fees, grants and concessions applicable to your state or territory
• LMI insurer policies and premium rate cards

Calculator results should not be relied upon as the basis for any financial, purchasing or contractual decision. Always obtain formal pre-approval from a lender before committing to a property purchase or signing a contract of sale. We strongly recommend speaking with one of our brokers for a personalised and accurate assessment of your borrowing capacity.

7. Fees and Commissions

Our mortgage broking services are typically provided to you at no direct cost. We are generally remunerated by commissions paid by lenders when a loan is settled.

Commission Structure

Commissions typically include:

• Upfront commission: A one-off payment from the lender, typically equivalent to 0.55%–0.70% (plus GST) of the total loan amount at settlement
• Trail commission: An ongoing payment, typically equivalent to 0.15%–0.20% (plus GST) per annum on the outstanding loan balance, paid by the lender for the life of the loan

Commission amounts vary between lenders. Before any credit contract is entered into, we will provide you with a Credit Proposal Disclosure Document that sets out the specific upfront and trail commissions applicable to your recommended loan. We will not receive any referral fees or undisclosed benefits from any third party in connection with your loan.

Brokerage Fees

In some circumstances (for example, complex commercial lending, non-standard transactions or cases requiring significant specialist work), we may charge a brokerage fee. Any brokerage fee will always be disclosed to you and agreed in writing before you proceed. You will never be charged a fee you were not made aware of in advance.

Clawback

If you repay or refinance your loan within the first 12–24 months, the lender may claw back commissions previously paid to us. We do not pass this cost on to you, but we reserve the right to do so in cases where it can be demonstrated that the refinance was undertaken against our advice and to your detriment.

8. Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law), Mortgagefy, its directors, employees, agents and contractors:

• Make no warranty, express or implied, as to the accuracy, completeness, reliability or fitness for purpose of any information on this Website, including calculator results
• Are not liable for any direct, indirect, incidental, special, punitive or consequential loss or damage arising from your use of, or inability to use, our Website or services
• Are not liable for any loss arising from reliance on information provided on our Website without obtaining independent professional advice
• Are not liable for any loss arising from a lender's decision to decline, modify or withdraw a loan offer

Where our liability cannot be excluded by law (for example, under the Australian Consumer Law consumer guarantees), our liability is limited to resupplying the relevant service or paying the cost of having the service resupplied.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition that is implied or imposed by any legislation and that cannot lawfully be excluded or limited.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia for the determination of any dispute concerning these Terms.

10. Changes to These Terms

We may update, modify or replace these Terms at any time at our sole discretion. Changes take effect from the date they are published on this page. We will update the "Last updated" date at the top of this page when changes are made. We encourage you to review these Terms periodically. Your continued use of our Website or services after any changes are published constitutes your acceptance of the revised Terms.

11. Contact Us

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

• Email: hello@mortgagefy.com.au
• Phone: 0432 634 648
• Hours: Monday to Saturday, 9am–7pm AEST
• Address: Sydney, NSW 2000

For information about your rights as a credit client, please read our Credit Guide. For complaints, please refer to Section 8 of our Credit Guide.