Attrib Solutions Pty Ltd (ABN 50 941 334 870) (“Attrib Solutions” or “us” or “we” or “our”) operates an Online Platform that provides mortgage broking services as a credit representative Australian Credit Representative 551765 of Australian Finance Group Ltd ABN 11 066 385 822 (AFG) Australian Credit Licence 389087.
1. Our Terms and Conditions
1.1 By accessing and using the Online Platform and the content and information offered on the Online Platform, you are agreeing to these terms and conditions.
1.2 These terms and conditions apply to all transactions between us and you relating to the provision of the Services through the Online Platform and unless otherwise agreed in writing, these terms and conditions shall apply to the exclusion of any other terms and conditions.
1.3 We have taken proper care and precautions to ensure that the information we provide on the Online Platform is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the Online Platform.
2. Attrib Solutions Services
2.1 The Services provided through the Online Platform include, but are not limited to: Mortgage broking services
2.2 In order to receive the Services, you may be required to pay a Fee in accordance with clause 5.
2.3 Until such time as you comply with clause 2.2, we will not be required to provide you with the Services.
3. Site Access
Except as permitted under the Copyright Act 1968 (Cth) and this Agreement, you are not permitted to copy, reproduce, republish, distribute or display any of the information on Attrib Solutions’ Online Platform without the prior written consent of Attrib Solutions.
4. Your Obligation and Warranties
4.1 You warrant that:
(a) any and all information you have given, or will give, to Attrib Solutions is, or will, be true, accurate and not misleading in any material respect;
(b) you have legal capacity to enter into this Agreement and have legal capacity to understand, and full power and authority to enter into, the terms and conditions contained in this Agreement;
(c) you are solely responsible for, and assume all risk arising from, your use of the Services and the Online Platform; and
(d) you will not use the Online Platform for any illegal or unauthorised use and will not provide any unauthorised linage to the Online Platform.
4.2 You agree to:
(a) maintain appropriate security, back-up and virus-checking procedures in place for any computer facilities, information or materials which it uploads or downloads from the Online Platform;
(b) treat all information obtained from Attrib Solutions as confidential, and not take commercial advantage of any Confidential Information provided to you via the Online Platform, or enable others to do so; and
(c) not provide copies of any delivered Services to any third party without Attrib Solutions’ prior written consent.
4.3 You acknowledge and agree that:
(a) Attrib Solutions’ performance under this Agreement depends on you carrying out your obligations as set out in this Agreement;
(b) Attrib Solutions is not able to independently verify the accuracy of any information and documents provided by you and will not be liable for any loss of damage arising from any inaccuracy or other defect in any information or documents supplied by you;
(c) Attrib Solutions is not responsible for any delay or other consequence that results from your failure to perform any of your responsibilities under this Agreement;
(d) Attrib Solutions is not liable for loss or damage that you or any other person sustains, directly or indirectly, in connection with the Online Platform, Services or Attrib Solutions’ reliance on information it receives, or is given access to, by you;
(e) Attrib Solutions can modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services in its sole discretion;
(f) Attrib Solutions can only monitor the successful completion of Services conducted via the Online Platform and any professional services undertaken outside of the terms of this Agreement will not be monitored by Attrib Solutions, nor will Attrib Solutions be liable in respect to the completion or non-completion of any such professional services;
(g) nothing in this Agreement prevents Attrib Solutions from providing services of a similar nature to any other client;
(h) if the provision of the Services are unable to commence, or are interrupted due to technical issues of the Online Platform, Attrib Solutions will not be held responsible, nor liable in any respect.
5. Fees & Payment
(a) To receive the Services, you may be required to pay a Fee on the Online Platform at the time of booking an appointment.
(b) Attrib Solutions will issue you a tax invoice for the Services provided, which must be paid by you before the due date specified on the tax invoice.
(c) Attrib Solutions cannot guarantee the security of any transaction or payment made by you and you accept any loss or liability arising from or in connection with any payments made by you to Attrib Solutions.
(d) Attrib Solutions will not be required to provide the Services until such time as you pay the Fee.
(e) For the avoidance of any doubt, any Fee paid by you to Attrib Solutions is non-refundable.
(f) If, and to the extent, any supply of the Services under this Agreement is a taxable supply within the meaning of the GST Law, the Fee will be increased to include GST payable by Attrib Solutions in respect of the supply.
6. Refunds
6.1 Attrib Solutions will offer a refund of the Fee for any Services if you cancel by providing written notice of at least two (2) business days before the Services are provided.
6.2 Any refunds will be automatically processed to the credit card originally used for purchase.
7. Privacy
Attrib Solutions collects and manages your personal information in accordance with the Privacy and Personal Information Protection Act 1998. Attrib Solutions collects and uses this information to provide the Services to you via the Online Platform, to improve the quality of the Services, and to provide you with information about other services offered by Attrib Solutions. Attrib Solutions agrees to keep such information strictly confidential.
8. Confidentiality
8.1 If the parties, during the course of Attrib Solutions providing you with the Services, receive the Confidential Information of the other, they agree:
(a) to use their best endeavours to keep such Confidential Information securely protected and will only disclose such information to persons who have need to know on a confidential basis; and
(b) not to disclose, disseminate or use Confidential Information in any way other than in the course of providing or receiving the Services.
8.2 The above restrictions do not apply to Confidential Information which:
(a) is authorised to be disclosed by way of either party receiving written consent from the other; or
(b) Attrib Solutions is required to disclose to a contractor, agent, director, shareholder, officer or partner of Attrib Solutions in respect to the provision of Services; or
(c) is already in the public domain; or
(d) enters the public domain otherwise than as a result of an unauthorised disclosure or a breach of this Agreement; or
(e) is or becomes lawfully available to either party from a third party who has the lawful power to disclose such information on a non-confidential basis; or
(f) is rightfully known to either party prior to the date of the disclosure; or
(g) is disclosed to either party’s respective insurers or legal advisers; or
(h) is required to be disclosed by law, provided that prior to disclosure where reasonably practicable, the party required to make the disclosure gives the other party prior written notice of the requirement to disclose and details the information that will be disclosed.
8.3 The requirement to maintain Confidential Information subsists after this Agreement or any extension thereof is terminated.
8.4 The obligations under this clause will survive termination of this Agreement.
9. Intellectual Property
9.1 To the extent that Attrib Solutions’ Intellectual Property is:
(a) contained or developed by Attrib Solutions’ in the provision of the Services; or
(b) delivered by Attrib Solutions to you during the performance of the Services,
Attrib Solutions grants you a non-exclusive and non-transferable licence to use the Intellectual Property which forms part of the provision of Services for your own internal use and for the purpose for which they are delivered.
9.2 You agree:
(a) not to provide any Intellectual Property or copies thereof to any third party;
(b) that nothing in this clause prevents or restricts Attrib Solutions from developing and/or using any Intellectual Property for its own purposes; and
(c) the Intellectual Property rights vest in Attrib Solutions upon their creation, by virtue of this clause, regardless of whether the Intellectual Property is conceived or created in whole or in part by Attrib Solutions during the provision of the Services, alone or in conjunction with others, using Attrib Solutions’ property or not, in pursuance of instructions or not.
9.3 Nothing in this clause prevents or restricts Attrib Solutions from developing and/or using Intellectual Property or Confidential Information, including any ideas, concepts, know-how, information, techniques, inventions and improvements developed during the term of this Agreement and relating to methods or process of more general application, for Attrib Solutions’ purposes or for other clients of Attrib Solutions.
10. Disclaimer
In using the Online Platform or receiving the Services, you acknowledge and agree that:
(a) the Services are designed to provide consulting and mentoring support to you;
(b) to the full extent permitted by law, all warranties, conditions, representations and liabilities are excluded including any implied by statute;
(c) Attrib Solutions does not accept any liability or responsibility to you or any third party who benefits from the Services or makes use of, or receives, the Services delivered by Attrib Solutions to you;
(d) no guarantees or representations have been made as to the success or benefits which you and/or a patient may receive from the provision of the Services and any such success, benefits or other results which you and/or patient receives or achieves from the Services will be dependent upon the choices made by you when treating a patient; and
(e) you will be solely responsible for any damage caused to your property by you or any other person.
11. Indemnity and Limitation of Liability
11.1 You indemnify and agree to keep indemnified Attrib Solutions from all Loss incurred by Attrib Solutions arising from provision of the Services or the Online Platform, except to the extent that the Loss has resulted from the willful misconduct or fraudulent behavior of Attrib Solutions.
11.2 Attrib Solutions shall not be held responsible for delays or non-performance caused by activities or factors beyond its control, including but not limited to, delays and non-performance caused by viruses, denial of service attacks, other acts or omissions by you, third parties, internet service providers, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism and failure by you to timely furnish information or otherwise comply with this Agreement.
11.3 Attrib Solutions and its agents, sub-agents, officers, directors, related entities, employees and representatives will not be liable for any direct, indirect, incidental, consequential, claim, loss, damage, injury, death or any act, omission or default by you or any other persons or claims made against you, whether arising out of or in relation to the provision of Services provided to you, or the provision of any professional services provided by you to the patients, whether or not such loss or damage was foreseeable or foreseen by either party.
11.4 Attrib Solutions is released and discharged from all liability in respect of the Services, whether under the law of contract, tort, statute or otherwise and you will not be entitled to commence any action or claim whatsoever against Attrib Solutions its agents, sub-agents, officers, directors, related entities, employees and representatives of Attrib Solutions in respect of the Services.
11.5 To the extent that Attrib Solutions breaches any statutory guarantee, condition or warranty implied into this Agreement and which cannot be excluded or modified, Attrib Solutions’ liability is limited to, at Attrib Solutions’ discretion:
(a) supply of the Services again; or
(b) payment of the cost of having the Services supplied again.
11.6 The provisions of this clause will survive termination of this Agreement.
12. Release
12.1 You waive any and all rights and entitlements to any claims, actions, suits, legal proceedings, demands, costs, losses, damages and expenses against Attrib Solutions and releases Attrib Solutions from any and all claims which you now have, or at any time in the future may have, at law or in equity, against Attrib Solutions in relation to, or arising out of, use of the Online Platform and provision of Services.
12.2 You must not, and must use your best endeavours to ensure that any person claiming through you does not, obtain or seek to obtain any relief in relation to, or arising out of, or in connection with, the use of the Online Platform, provision of Services to you, or the provision of professional services from you to patients.
13. Assignment
You cannot novate, assign or transfer their rights under this Agreement without the prior written consent of Attrib Solutions.
14. Amendments
14.1 Attrib Solutions reserves the right to update or revise the terms and conditions contained in this Agreement at any time.
14.2 Your continued use of the Services and Online Platform following any changes to the terms and conditions in this Agreement will constitute your acceptance of such changes.
15. Entire Agreement
15.1 To the extent permitted by law in relation to the subject matter of this Agreement, this Agreement together embodies the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.
15.2 If there is any conflict or inconsistency between the terms and conditions and provisions of this Agreement with any other document, the terms and conditions and provisions of this Agreement will prevail.
16. Waiver
Failure to exercise or enforce or a delay in exercising or partially enforcing or exercising any right, power or remedy provided under the law of this jurisdiction or this Agreement by any party will not in any way preclude or operate as a waiver of any exercise or enforcement or further exercise or enforcement of that or any other right, power or remedy provided by the law of this jurisdiction or under this Agreement.
17. Severability
17.1 If a provision of this Agreement is or becomes invalid or unenforceable in the jurisdiction it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
17.2 Any prohibited, unlawful, void or unenforceable provision will be replaced by an allowable, lawful, effective and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.
17.3 All obligations of the parties survive expiration or termination of this Agreement to the extent required for their full observance and performance.
18. Law and Juristiction
This Agreement is governed by the law in force in the state of New South Wales and will be construed in accordance with that law. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
19. Definitions
“Agreement” means the terms and conditions forming part of this document;
“Attrib Solutions” means Attrib Solutions Pty Ltd (ABN 50 941 334 870);
“Confidential Information” means information relating to either party, including the Online Platform and Services of Attrib Solutions which is obtained by you, in the course of obtaining the Services via the Online Platform, and includes, but is not limited to, any of the following types of information:
(a) information which either party indicates is confidential;
(b) information which is by its very nature confidential;
(c) information which could be of commercial value to any customer, client, supplier or competitor of Attrib Solutions;
(d) information relating to research, development, trade secrets, know-how, material and intellectual property, technology, source codes and methodologies, terms of trade, contractual arrangements, business strategies, formulae, processes, applications, unique features or techniques in relation to or connected or associated with any of Attrib Solutions’ products or services, advice, treatment plans or other documents provided you via the Online Platform;
information obtained verbally, whether in Consultations, during discussions or in any other way.
“Fee” means the fee payable for booking online appointments.
“Intellectual Property” means all copyright and other intellectual property rights in any material, proprietary, methodologies, templates, forms, precedents, spreadsheets, databases and other electronic tools belonging to Attrib Solutions, including any modifications thereto;
“Loss” means any liability, claim, debt or obligation of any kind (whether actual, prospective or contingent) however and whenever arising and includes liabilities which are prospective or contingent and those the amount of which, for the time being, is not ascertained or ascertainable and liabilities for any Loss.
“Online Platform” means the Website or digital service provided by Attrib Solutions or which facilitates the provision of the Services;
“Services” means management consulting services and training by Attrib Solutions via the Online Platform;
“Website” means the website known as attrib.com.au
Attrib Solutions is a boutique mortgage broker providing personalised lending solutions to clients across Australia.
Australian credit licence: 389087
Credit representative number: 551765
ABN: 50 941 334 870
ACN: 662 745 262