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Terms and conditions for access to services and web site

The terms and conditions are the terms on which The Mortgage Warehouse Limited (Mortgage Warehouse) offers you access to the Services and the website.

Terms and conditions

Acceptance of terms and conditions

By registering as a member of Mortgage Warehouse or otherwise accessing this website, you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from accessing this website and using the Services.

Amendment of terms and conditions

These terms and conditions may be amended in whole or in part by Mortgage Warehouse from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated on 23 August 2007.

Terminology

In these terms and conditions, the following expressions have the meanings set out:

  • 'member' means a registered member of Mortgage Warehouse;
  • 'Services' means any one or more of the services offered by Mortgage Warehouse from time to time, including; mortgage brokerage services, insurance services, insurance brokerage and underwriting services, financing of loans and mortgage banking, and any other service that Mortgage Warehouse may offer.
  • 'we', 'us' and 'our' are a reference to Mortgage Warehouse;
  • 'you' and 'your' are a reference to you and any other joint applicant or co-applicant for Services offered by Mortgage Warehouse;
  • 'website' means any Mortgage Warehouse website through which the Services are offered.



Membership

Becoming a member

Becoming a member of Mortgage Warehouse is free.

Accurate information.

You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Mortgage Warehouse to ensure it is kept current at all times. Mortgage Warehouse may phone or email you to verify these details. You must not register as a member under multiple identities (whether false or not).

Termination of membership

Mortgage Warehouse reserves the right to decline to register, or to terminate, your membership without entering into further discussions with you. Without limiting the foregoing, Mortgage Warehouse may terminate your membership if you breach these terms and conditions, or if we, at our sole discretion, deem your membership to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.

Security of your login information

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

  1. not to permit any other person to use your username or membership; and
  2. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.

General

  1. All data posted to Mortgage Warehouse application forms or pages, or other communications made to Mortgage Warehouse, shall be made in good faith.
  2. You must not damage, interfere with or harm, the website or Services or any network or system underlying or connected to them, or attempt to do so.
  3. You may not use a robot, spider, scraper or other automated means to access the website or information featured on it, for any purpose.

 

Warnings

At your own risk

You agree that Mortgage Warehouse takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretenses. Mortgage Warehouse gives no undertakings, representations, or warranties in relation to information, or calculations performed, on the website.

Disclaimer

You expressly understand and agree that:

  1. your use of the Services is at your sole risk;
  2. the website and Services are provided on an "as is" and "as available" basis;
  3. to the maximum extent permitted by law Mortgage Warehouse disclaims and excludes all implied conditions or warranties;
  4. no advice or information that is obtained by you from Mortgage Warehouse, or anyone else, shall create any warranty by Mortgage Warehouse that is not expressly stated in the terms and conditions;

  5. responsibility for the content of any advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute Mortgage Warehouse's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement; and

  6. Mortgage Warehouse does not warrant that:
  • the Services provided will be uninterrupted, timely, secure, or error free, or

  • that any information provided on the website is error free.

Indemnity

You agree to release, indemnify and keep indemnified Mortgage Warehouse from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of, or in connection with, your failure to comply with these terms and conditions, or arising out of any content you submit, post, transmit, or make available through the Services.

Breach

Without limiting any other rights and remedies available, Mortgage Warehouse may limit your activities on the website, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where Mortgage Warehouse considers it appropriate.


Provisions

System integrity

Mortgage Warehouse will use its reasonable endeavours to ensure the availability of the website and Services, subject to any downtime required for maintenance. However, Mortgage Warehouse takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or Services being unavailable. Further, Mortgage Warehouse assumes no responsibility for the corruption of any data or information held by Mortgage Warehouse.

Force majeure

Without prejudice to clause 4.1, Mortgage Warehouse has no liability for any lack of performance, unavailability or failure of the Services or the website, or for any failure of Mortgage Warehouse to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Mortgage Warehouse.

No waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Partial invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing law

These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

Intellectual property rights

Mortgage Warehouse (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the website.

You may not without our prior written permission, in any form or by any means:

  1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  2. commercialise, copy, or on-sell any information, or items obtained from any part of this website.

Entire agreement

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy

Mortgage Warehouse collects personal information about you through your use of the Services and the website, including your registration details and information relating to your use of the website and the content you access.

You agree that Mortgage Warehouse may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Mortgage Warehouse products and Services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent. We will release registration details and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Mortgage Warehouse, our members, or others. Please review our privacy policies.