Website Terms and Conditions

Morbanx Pty Ltd as trustee for the A R Larcombe Family Trust

1. About these terms

These Website Terms and Conditions apply to your access to and use of:

• the Morbanx website;
• the Morbanx Aggregation website;
• any pages, calculators, tools, forms, guides, articles, videos and other resources made available through those websites; and
• any related online services operated by Morbanx.

In these terms:

• Morbanx, we, us and our mean Morbanx Pty Ltd as trustee for the A R Larcombe Family Trust ABN 93 362 515 953;
• website means any website, webpage or online resource operated by Morbanx; and
• you and your mean a person who accesses or uses the website.

By accessing or using the website, you agree to these terms. If you do not agree with them, you should not use the website.

2. About Morbanx

Morbanx operates:

• a mortgage-broking business that assists clients seeking credit products and related services; and
• Morbanx Aggregation, which provides aggregation-related services and support to participating mortgage brokers.

Morbanx Pty Ltd is a corporate credit representative of Mortgage Specialists Pty Ltd ABN 48 612 422 178, trading as Specialist Finance Group, Australian Credit Licence 387025.

Information about Morbanx’s credit services, privacy practices and complaints process is available through the relevant pages of the website.

3. General information only

Unless we expressly state otherwise, information on the website is provided for general informational and educational purposes only.

Website content does not constitute:

• personal financial advice;
• legal, accounting or taxation advice;
• credit advice tailored to your particular circumstances;
• a recommendation to apply for, select or enter into a particular credit product;
• a representation that a particular lender, product or strategy is suitable for you;
• a guarantee that finance, lender accreditation or any other application will be approved; or
• a substitute for obtaining appropriate professional advice.

You should not make a financial, credit, legal, taxation, business or investment decision solely in reliance on general website content.

4. Personal circumstances must be considered

Credit products, aggregation arrangements and business decisions may be affected by matters including:

• your objectives and financial position;
• your income, expenses, assets and liabilities;
• your credit history;
• lender policies and credit criteria;
• regulatory and compliance requirements;
• your existing contractual arrangements;
• your business structure;
• product availability; and
• other circumstances that may not be apparent from information entered into the website.

Before acting on website information, you should obtain advice appropriate to your circumstances.

Mortgage-broking clients may be required to provide further information before Morbanx can assess available lending options or provide credit assistance.

5. No lender or product guarantee

References to lenders, credit products, interest rates, fees, borrowing capacities, approval processes or lending policies are indicative only unless expressly confirmed in writing for a particular application.

Lender policies, pricing, products, service levels and approval requirements can change without notice.

Morbanx does not guarantee:

• approval of any loan or credit application;
• approval or continuation of a lender accreditation;
• the availability of a particular lender or product;
• an interest rate, fee, loan amount or valuation outcome;
• a settlement date or processing timeframe;
• that every lender or product available in the market will be considered; or
• any particular financial, business or commercial outcome.

Final lending decisions are made by the relevant lender.

6. Aggregation information

Information about Morbanx Aggregation is general information intended to help mortgage brokers understand the Morbanx aggregation model and consider whether it may be suitable for their business.

Accessing the website, making an enquiry or booking a discussion does not:

• create an aggregation, employment, agency, partnership or joint-venture relationship;
• oblige Morbanx to offer aggregation services;
• oblige a broker to proceed with Morbanx;
• guarantee approval by Morbanx, Specialist Finance Group, a licensee or any lender;
• guarantee uninterrupted access to lenders, systems or accreditations; or
• replace the need to review and enter into formal written agreements.

Any aggregation arrangement is subject to:

• appropriate due diligence;
• compliance and eligibility requirements;
• written agreements;
• the requirements of Specialist Finance Group;
• lender accreditation requirements; and
• other applicable third-party requirements.

If there is any inconsistency between information on the website and an executed written agreement, the executed agreement will prevail to the extent of the inconsistency.

7. Calculators, tools and illustrations

Calculators, comparisons, projections, checklists and other tools on the website are provided for general illustration only.

Results depend on:

• the accuracy and completeness of the information entered;
• assumptions built into the tool;
• commission rates, settlement volumes, fees and other variables;
• information available when the tool was developed; and
• circumstances that may change over time.

Calculator outputs and projections:

• are estimates only;
• are not quotes or guarantees;
• may not include all fees, costs, taxes, commissions, clawbacks or other consequences;
• may not reflect your specific contractual or financial circumstances; and
• should not be treated as financial, taxation, accounting or legal advice.

You are responsible for checking inputs and assumptions and obtaining appropriate professional advice before acting on a result.

8. Resources and educational material

Guides, articles, checklists, templates, training content, videos and other resources are general educational or operational materials.

They may not address:

• every applicable law or regulatory requirement;
• every lender policy;
• every licensee requirement;
• every factual circumstance; or
• changes that occur after publication.

Mortgage brokers remain responsible for:

• their own professional judgment and conduct;
• verifying current lender and product information;
• complying with applicable laws and regulatory obligations;
• following their licensee’s policies and procedures;
• maintaining accurate records;
• protecting client information; and
• obtaining specialist advice where required.

9. Accuracy and currency

We take reasonable care when preparing website content. However, to the extent permitted by law, we do not warrant that all content is:

• complete;
• current;
• accurate;
• free from errors;
• appropriate for every user; or
• suitable for a particular purpose.

Information may become outdated because of changes to laws, regulations, lender policies, industry practices, products, systems or commercial arrangements.

We may change, correct, remove or update website content at any time without prior notice.

10. Enquiries are not applications or engagements

Submitting an enquiry, booking an appointment, downloading a resource or using a calculator does not by itself:

• constitute a loan application;
• create a broker-client relationship;
• create an aggregation relationship;
• amount to acceptance of an offer;
• oblige Morbanx to provide a service; or
• guarantee that Morbanx will be able to assist you.

A formal relationship will only arise when any required assessment, disclosure, consent and agreement processes have been completed.

11. Your responsibilities

When using the website, you must:

• provide information that is accurate and not misleading;
• use the website lawfully;
• respect the intellectual-property and privacy rights of others;
• take reasonable precautions to protect your devices and accounts;
• avoid uploading malicious code or harmful material; and
• avoid interfering with the website’s operation, security or availability.

You must not:

• use the website for fraudulent, unlawful or deceptive purposes;
• impersonate another person;
• attempt to gain unauthorised access to any system, account or information;
• scrape, copy or systematically extract website content without permission;
• reproduce or commercially exploit website content except as permitted by these terms;
• introduce viruses, malicious code or other harmful technology;
• use the website in a way that could damage Morbanx’s reputation or systems; or
• use website materials to mislead clients, lenders, brokers or other parties.

12. Intellectual property

Unless otherwise stated, all intellectual-property rights in the website and its content are owned by or licensed to Morbanx.

This includes rights in:

• text;
• graphics;
• logos;
• branding;
• photographs;
• videos;
• tools;
• calculators;
• templates;
• guides;
• website design; and
• software and source material.

You may view, download or print reasonable extracts for your personal or internal business use.

You must not, without our prior written permission:

• reproduce substantial parts of the website;
• republish or distribute website content;
• sell, license or commercially exploit website material;
• modify material in a misleading way;
• remove copyright or attribution notices;
• represent Morbanx material as your own; or
• use Morbanx branding, logos or trade marks.

Nothing in these terms transfers ownership of any intellectual-property rights to you.

13. Third-party websites and services

The website may contain links to websites, software, platforms, calculators, booking services or other resources operated by third parties.

Those links are provided for convenience and do not necessarily constitute endorsement of:

• the third party;
• its products or services;
• its content;
• its privacy practices; or
• its security.

Morbanx does not control third-party websites and is not responsible for their content, availability, accuracy, security or practices.

Your use of a third-party website or service is subject to that third party’s terms and policies.

14. Website availability and security

We take reasonable steps to maintain the website, but we do not guarantee that it will always be:

• available;
• uninterrupted;
• error-free;
• secure; or
• free from viruses or other harmful components.

The website may be suspended, withdrawn or changed for maintenance, security, operational or other reasons.

You are responsible for maintaining appropriate device security, backups and antivirus protection.

15. Privacy

Morbanx handles personal information in accordance with its Privacy Policy and applicable privacy laws.

By submitting information through the website, you acknowledge that it may be collected, used and disclosed as described in the Privacy Policy.

You should not send confidential, sensitive or client information through a general website form unless the form expressly requests that information and you are authorised to provide it.

16. Electronic communications

You consent to receiving communications electronically when you:

• submit an online form;
• send us an email;
• book an appointment;
• provide electronic consent; or
• otherwise communicate with us electronically.

Electronic communications and transactions may have legal effect under applicable Australian law, subject to relevant requirements and exceptions.

You are responsible for ensuring that your contact details remain accurate and that you can access communications sent to the details you provide.

17. Limitation of liability

Nothing in these terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.

Subject to those non-excludable rights, and to the maximum extent permitted by law, Morbanx is not liable for any loss, damage, cost or expense arising from:

• reliance on general website information;
• inaccurate or incomplete information supplied by a user;
• use of, or inability to use, the website;
• errors, interruptions or delays;
• changes in lender policies, laws, regulations, products or market conditions;
• third-party websites, systems or services;
• unauthorised access, malware or other matters outside our reasonable control; or
• decisions made without obtaining advice appropriate to the user’s circumstances.

Where liability cannot lawfully be excluded but can be limited, Morbanx’s liability will be limited to the maximum extent permitted by law.

18. No exclusion of statutory rights

These terms are not intended to mislead users about their rights or exclude any statutory right that cannot legally be excluded.

If any provision of these terms is inconsistent with a non-excludable statutory right, the statutory right prevails and the affected provision will be read down to the extent necessary.

19. Complaints

Mortgage-broking clients who wish to make a complaint should follow the process described on the Dispute Resolution page of the website.

Complaints relating to aggregation services, website operation or general business matters may be submitted through the website contact details.

Nothing in these terms limits any right you may have to make a complaint to an appropriate regulator, dispute-resolution body or other authority.

20. Changes to these terms

We may update these terms from time to time to reflect changes to:

• the website;
• Morbanx’s services;
• business arrangements;
• applicable laws or regulations; or
• operational requirements.

The current version will be published on the website with its effective date.

Your continued use of the website after amended terms are published constitutes acceptance of the updated terms, except where further consent is required by law.

21. Severability

If any provision of these terms is invalid, unlawful or unenforceable, that provision will be read down to the extent necessary.

If it cannot be read down, it will be severed without affecting the validity or enforceability of the remaining provisions.

22. Waiver

A failure or delay by Morbanx in exercising a right under these terms does not waive that right.

A waiver is only effective if it is provided in writing by Morbanx.

23. Governing law

These terms are governed by the laws of Victoria, Australia.

You submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.

Nothing in this clause prevents a consumer from exercising a right available under applicable consumer legislation in another Australian jurisdiction.

24. Contacting Morbanx

Questions about these terms may be directed to: