Terms & Conditions

1. Agreement to these terms

These terms and conditions govern your use of mortgagesuperheroes.com.au and any related tools, forms, calculators, booking pages and content (together, the “Site”), operated by Eliteway Finance Pty Ltd trading as Mortgage Superheroes (“Mortgage Superheroes”, “we”, “us”, “our”). By accessing or using the Site, submitting an enquiry, booking a consultation or otherwise engaging with us online, you agree to these terms. If you do not agree, please do not use the Site.

These terms apply to your use of the Site only. If you engage us to provide credit assistance, that engagement is governed by the separate documents we give you at that time, which may include a Credit Guide, a Credit Quote, a Credit Proposal Disclosure Document, and a Privacy Disclosure Statement and Consent. Where those documents differ from these terms, they prevail.

2. What we do, and what we do not do

We are a finance and mortgage broking business. We help you compare credit products, we assist you to apply for credit, and we liaise with lenders on your behalf. We are not a lender. We do not approve loans, set interest rates or credit policy, or guarantee that any application will be approved on any particular terms or at all. Credit decisions are made by the lender, using its own criteria.

We do not provide legal, taxation, accounting, financial product or investment advice. Nothing on the Site is a recommendation to enter into any credit contract or to acquire any financial product. Before acting on anything you read here, consider whether it is appropriate for your own circumstances and, where relevant, obtain independent professional advice.

3. Information on the Site is general only

Content on the Site, including articles, guides, rate information, lender comparisons and case studies, is general information prepared without taking your objectives, financial situation or needs into account. Lender products, rates, fees, policies and eligibility criteria change frequently and without notice. We take reasonable care to keep the Site current but do not warrant that it is complete, accurate or free from error, so please confirm any detail with us or the lender before relying on it.

4. Calculators, estimates and pre approval

Our borrowing power calculator and any other tools on the Site produce indicative estimates based only on the figures you enter and on general assumptions. They are illustrations, not credit assessments. A result is not an offer of credit, an approval, a pre approval, a conditional approval, or a promise that a lender will lend to you or that repayments will be at a particular amount. Lenders assess serviceability using their own rates, buffers, expense benchmarks and policies, and their assessment will usually differ from ours. Results should not be relied on as the basis for a purchase decision, a contract of sale, an auction bid or a finance clause.

5. Eligibility and your responsibilities

To use the Site and enquire with us you must be at least 18 years old and located in Australia, and you must be legally capable of entering into a binding agreement. When you provide information to us, whether through a form, a calculator, a booking or in conversation, you agree that:

• the information is true, accurate, complete and not misleading, and you will tell us promptly if it changes;
• you have the authority to provide any information about another person that you give us, and you have made them aware of our Privacy Policy;
• you are not providing information for a fraudulent, unlawful or misleading purpose; and
• you understand that we and lenders rely on the accuracy of what you tell us, and that inaccurate or incomplete information may lead to unsuitable recommendations, delays or a declined application.

Submitting an enquiry does not create a client relationship, an application, or any obligation on us to provide credit assistance, and we may decline to act for anyone at our discretion.

6. Fees, commissions and referrals

Our initial consultation is provided at no cost and without obligation. In most cases we are paid a commission by the lender when a loan settles, and we may receive ongoing or trail commission while the loan remains in place. In some circumstances a fee may be payable by you, for example for complex, commercial or specialist lending. Where any fee is payable by you, or where our remuneration may influence the products we can offer, we will disclose it to you in writing in our Credit Guide, Credit Quote or Credit Proposal Disclosure Document before you are committed to anything. We may also pay or receive a referral fee where a third party introduces business, and we will disclose that to you where it applies.

7. Bookings, enquiries and communications

Consultation bookings made through the Site are subject to availability and to our confirmation. Please let us know if you need to reschedule or cancel. Any response time we mention on the Site is a target, not a guarantee. By giving us your contact details you agree that we may contact you about your enquiry by phone, email or SMS. Marketing communications are handled as described in our Privacy Policy, and you can opt out of them at any time.

Electronic communication is not perfectly secure. Please do not send complete identity documents or full account numbers by ordinary email unless we have given you a secure method, and note that we are not responsible for messages delayed, blocked or intercepted in transit.

8. Intellectual property

All content on the Site, including text, graphics, logos, brand names, layout, images, video and software, is owned by us or our licensors and is protected by Australian and international intellectual property laws. The name “Mortgage Superheroes”, our logo and our branding are our trade marks. You may view, download and print content from the Site for your own personal, non commercial use in considering our services. You must not otherwise copy, reproduce, adapt, publish, distribute, frame, scrape, data mine or commercially exploit any part of the Site, or use it to train a machine learning or artificial intelligence model, without our prior written consent.

9. Acceptable use

You must not use the Site unlawfully or in a way that interferes with it or with anyone else using it. You must not attempt unauthorised access to the Site or its systems, introduce malicious code, use automated tools to extract data, submit false or fraudulent information, impersonate another person, harvest contact details, send unsolicited commercial messages, or defame, harass or infringe the rights of anyone. We may block access and report conduct to the authorities where we reasonably believe these terms have been breached.

10. Reviews and material you submit

If you submit a review, testimonial, photograph or other material to us or about us, you confirm it is your own honest opinion or work and does not infringe the rights of anyone else, and you grant us a non exclusive, royalty free licence to publish it in our marketing, including on the Site and on social media. You can ask us to stop using it at any time and we will do so within a reasonable period. We may decline to publish, or may remove, any material at our discretion.

11. Third party lenders, links and services

The Site contains links to lender websites, calculators, booking software, social media platforms and other third party services. We do not control those services, we are not responsible for their content, availability, terms, security or privacy practices, and a link does not imply endorsement. Your dealings with any third party, including any lender, are between you and that party. We are also not responsible for the acts or omissions of lenders, valuers, insurers, solicitors, conveyancers or other parties involved in a transaction, other than for our own conduct.

12. Site availability, Australian Consumer Law and liability

We aim to keep the Site available but we do not guarantee uninterrupted or error free access, and we may change, suspend or withdraw any part of it at any time without notice.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Subject to that, and to the maximum extent permitted by law: the Site and its content are provided on an “as is” and “as available” basis without warranties of any kind; we exclude all implied terms, conditions and warranties; we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, opportunity, data or anticipated savings, however caused, including loss arising from the Site being unavailable; and our total liability to you in connection with the Site and these terms is limited, at our option, to supplying the relevant service again or paying the cost of having it supplied again. Where liability cannot be excluded or limited in that way, it is reduced to the extent your own act, omission or failure to provide accurate information caused or contributed to the loss.

13. Indemnity

You agree to indemnify us against any loss, liability, cost or expense (including reasonable legal costs) that we suffer arising from your breach of these terms, your misuse of the Site, or any false, misleading or incomplete information you provide to us or to a lender through us, except to the extent our own negligence or breach caused the loss.

14. Privacy

We handle personal information in accordance with our Privacy Policy, available at mortgagesuperheroes.com.au/privacy-policy, which forms part of these terms. It explains what we collect, how we use and disclose it, how we handle credit reporting information, how we use cookies, analytics and advertising tools, and how you can access, correct or complain about our handling of your information.

Read our Privacy Policy

15. Complaints

If you have a concern or complaint, please tell us first at support@mortgagesuperheroes.com.au or (03) 6144 9669. We acknowledge complaints within five business days and respond in writing within 30 days. If you are not satisfied, you can refer the matter to the Australian Financial Complaints Authority (AFCA), our free external dispute resolution scheme, at afca.org.au, info@afca.org.au, 1800 931 678, or GPO Box 3, Melbourne VIC 3001. Privacy complaints can also be taken to the Office of the Australian Information Commissioner at oaic.gov.au or 1300 363 992.

16. Changes, governing law and contact

We may update these terms from time to time. The current version is always on the Site with its effective date shown above and applies from the moment it is published, so continuing to use the Site after a change means you accept the updated terms. These terms are governed by the laws of Tasmania, Australia, and you submit to the non exclusive jurisdiction of the courts of that State. If any provision is invalid or unenforceable it is severed and the rest continues to apply, and our failure to enforce a right is not a waiver of it. These terms, together with our Privacy Policy and any engagement documents we give you, form the entire agreement between us in relation to your use of the Site.

Phone

(03) 6144 9669

Email

support@mortgagesuperheroes.com.au

Post

Level 6/150 George Street, Parramatta, NSW, 2150