If you browse or otherwise access any content or data on the Website (including its related platforms such as mobile sites, apps and voice assistant products), you agree to be bound by these Terms.
1.2 We reserve the right to suspend or withdraw, either temporarily or permanently, your access to the Website at any time, including without notice if you breach any of these Terms.
1.3 You warrant to Craggle that you are at least 18 years of age and that you possess the legal capacity to enter into these Terms. You must not access or use the Website or our services if you are under the age of 18 or do not have the legal capacity to enter into these Terms.
1.4 We may amend these Terms at any time at our absolute discretion. Any changes will be made available to you through the Website. Should you object to any amendments of our Terms or other notices on our Website your sole option is to immediately cease your use of our Website. If you continue to use the Website or obtain services from us following any amendments to these Terms, you are agreeing to be bound by the amended Terms.
1.5 We do not warrant that the content, links, or subdomains contained on, or associated with our Website or by Third Party Providers will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
1.6 Information on our Website and in any Craggle publication should not be regarded as a substitute for professional legal, financial or credit advice.
1.7 Craggle makes no warranty as to the accuracy or reliability of the information contained on the Website or Craggle publications from any third party and disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you or anyone who relies on such third party information or omission.
3. Craggle Events
3.1 Craggle is an online mortgage intermediary platform that allows you to compare home loan rates provided by participating third parties such as banks, finance brokers and other financial institutions (Third Party Providers) during a Craggle Event.
3.2 Craggle reserves the right to change the participating Third Party Providers made available on the Website at any time.
3.3 Craggle will make every effort to ensure all information provided by participating Third Party Providers during a Craggle Event is accurate and complete however it is important you know that Craggle relies entirely on Third Party Providers to provide their information on our Website. We therefore take no responsibility and do not make any representations, either express or implied, as to the quality, accuracy, reliability or credibility of information or material provided or linked to the Website by any Third Party Providers.
3.4 Our service is free for your use. We receive payment from the Third Party Providers when you choose to use them after participating in a Craggle Event.
3.5 It is important that you understand and acknowledge that we in no way endorse or recommend one Third Party Provider over another or the suitability of their products for you.
3.6 Our Website is purely an introductory platform which only allows you to compare home loan rates provided by participating Third Party Providers. We cannot and will not assist you in choosing between financial products by Third Party Providers on our Website.
3.7 If you choose to use a product provided by a Third Party Provider, their terms of service will apply to you. Their terms of service do not apply to us.
4. Permitted use
4.1 You are only permitted to use the Website for personal use, subject to your compliance with these Terms. Commercial use of the Website is not permitted
4.2 You must not do anything that may affect the security of the Website, or any information or material stored on the Website.
4.3 You agree not to:
(a) use any mechanised tool (such as a robot, aggregation tool or spider) to access, copy or extract such information;
(b) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(c) use any technique or process (including scripted responses or spider, data scraping, robot, collection or accumulation tool) with the intent or objective of copying, distributing, replicating, processing, obtaining, republishing, reconfiguring, assessing, viewing, modifying, repackaging or analysing any Website content;
(d) use any method or process to consolidate or combine any Website content with any other data, images, information, content or material;
(e) disassemble, reverse engineer or otherwise endeavour to construct or identify the Website's source code, formulas or processes;
(f) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from the Website;
(g) use, obtain or attempt to obtain from the Website, information in order to identify or discover pricing, rating and related business methodology or systems;
(h) distribute, post, or send any spam, chain letters, contest, junk email, surveys or other mass messaging of any kind;
(i) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(j) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(k) act in violation of these Terms or other condition posed by us or any applicable law;
(l) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our Website, except as expressly authorised by us; or
(m) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
4.4 You warrant and represent that any information you provide on the Website is true, accurate and complete.
4.5 We may suspend or terminate your access to Your Account and/or the Website in the event that:
4.5.1 you have breached these Terms or our policies, or
4.5.2 we are required to undertake an investigation of your use of our Website and Your Account or
4.5.3 where necessary to comply with any applicable law or court order.
5. Creating Your Account
5.1 This Website allows you to create a personal account. You will be prompted to choose and enter a username and secure password or by using your social media username and password. Any such account or access details are referred to collectively as "Your Account." You may subsequently access Your Account using your username and secure password through the Website.
5.2 When you create Your Account you will provide us with your personal information and you consent to us submitting that information to Third Party Providers, and to Illion Australia Pty Ltd a credit reporting agency to allow them to provide us with your credit reporting information.
5.3 In all cases when you create Your Account, you agree that:
(a) you will use the Website and Your Account at your own risk and that Your Account must only be used by you;
(b) you will keep Your Account secure and confidential at all times and will not disclose Your Account to anyone else. For security purposes, we recommend that you change your password at least once every 6 months, use a minimum of eight (8) characters with a mixture of capital letters, special characters and do not use words or names that are common or associated to you;
(c) you are responsible for all actions that take place as a result of your access to the Website's services via Your Account and We will not take responsibility for unauthorised access and use of Your Account; and
(d) You acknowledge and agree that if a person uses Your Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of these Terms and that will not affect your obligations under these Terms, regardless of whether:
5.4 If you believe that the security of Your Account has been compromised, you must notify us in writing immediately at: firstname.lastname@example.org. You should change your password immediately. We will not be liable for any loss you incur due to any unauthorised use of Your Account (including if someone else accesses Your Account where they obtained your username and password from you or through a breach by you of these Terms).
5.4 We may stop access to, disable or close your account at any time as a result of any suspected or actual unauthorised use of your Login Details and we will endeavour to notify you by using the contact details that you have provided.
5.5 We may stop access to, disable or close your account at any time as a result of any suspected or actual unauthorised use of Your Account and we will endeavour to notify you as soon as possible by using the contact details that you have provided to us.
6. Participating in a Craggle Event
6.1 After you create Your Account you will have access to a Craggle Event.
6.2 Based on the personal information you provide, Third Party Providers will make their home loan rates available to you for you to choose between either:
6.2.1 a retention offer, where you stay with your current Third Party Provider (where they are a participating Third Party Provider) or
6.2.2 a refinance offer from a new Third Party Provider (together the Third Party Offer).
6.3 After the Third Party Offers are made in Your Account, You will have up to 10 business days (Offer Period) to select which Third Party Offer is best for you (Your Choice).
6.4 We will submit Your Choice during the Offer Period to your chosen Third Party Provider.
6.5 Where you choose a retention offer your new rate will be applied by your Third Party Provider within 2 business days.
6.6 The Third Party Provider will contact you directly to commence the Third Party Offer which will be in accordance with their terms and conditions and where applicable will be subject to an application process and formal credit assessment.
7 Craggle Promotions
7.1 From time to time, we may run promotions that are advertised on our Website. All promotions will run for a limited time only and Craggle reserves the right to stop any promotions without notice to you.
7.2 We may offer you cash, gift voucher or other reward as stated on our Website when you create a Your Account, participate in a Craggle Event and settle a Third Party Offer.
7.3 When you refer a new customer to us who creates a Your Account, participates in a Craggle Event and settles a Third Party Offer we will give you $150.00 cash or gift voucher.
8. Commissions Received by Us
8.1 Our Website is free for you to use
8.2 We only receive commissions from Third Party Providers when you choose a Thid Party Offer through our Website and you settle the Third Party Offer.
9. Closing Your Account
9.1 You may close your account at anytime by contacting us email@example.com
9.2 Where you request to close your account during a Craggle Event you acknowledge that this will disrupt your service experience with Us and the offer made by the Third Party Offer will no longer available to you.
10. No advice
10.1 Craggle does not offer financial, investment, legal or other advice. Nothing on the Website constitutes financial, investment, legal or other advice by us in relation to any product.
11. Intellectual Property Rights
11.2 You grant to Craggle a license to cache the entirety of your content, including content supplied by third parties, hosted by Craggle pursuant to these Terms and agree that such caching is not an infringement of your Intellectual Property Rights or any third party's Intellectual Property Rights.
11.3 You acknowledge that all rights, title and interests in and to the Website, including all integrations, modifications, changes and enhancements thereto, are and shall be the sole and exclusive property of Craggle. You hereby assign, and shall cause your employees, agents and contractors to assign to Craggle, all rights, title and interest in and to the Website, including all integrations, modifications, changes and enhancements.
11.4 Notwithstanding anything to the contrary in these Terms or otherwise, Craggle shall retain all right, title and interest in and to any and all ideas, concepts, know-how, development tools, methodologies, processes, procedures, technologies or algorithms ("Craggle Know-How") developed when providing the Website.
11.5 In addition to the warranties provided by you under these Terms, you acknowledge and agree that if you are using Intellectual Property Rights belonging to a third party ('Third Party IP'), you have obtained all necessary licences and consents (including the right to sublicence) to use such Third-Party IP and you agree to sublicence and consent to Craggle using such Third Party IP. In the event you are in breach of this clause, you agree to indemnify and hold harmless Craggle from all and any losses, claims, damages, actions, causes of action, costs or expenses that Craggle may sustain, incur, suffer or be put to at any time as a result of your breach of this clause.
12.1 'Conﬁdential Information' means any information of a sensitive or conﬁdential nature disclosed by or on behalf of either you or us ('Discloser') to the other ('Recipient') pursuant to these Terms in any form or medium (including orally) together with any reproductions of such information. Conﬁdential Information shall not include any information to the extent that it:
12.2 Neither you nor us will disclose or otherwise deal with any Conﬁdential Information except in accordance with these Terms or otherwise with the written consent of the Discloser.
12.3 You or we may disclose Conﬁdential Information to our employees, consultants, subcontractors and agents to the extent strictly required for the purpose of adhering to these Terms, or to its professional legal advisers, accountants and insurers to the extent strictly required for the purpose of receiving professional services (in each case, referred to individually as an 'Authorised Recipient'). Disclosure to any Authorised Recipient will be subject to the Authorised Recipient agreeing to be bound by obligations no less onerous than those specified in this clause. The person disclosing Conﬁdential Information to such Authorised Recipient will procure that such Authorised Recipient complies with such obligations and will be liable for their compliance.
12.4 The obligations under this clause 10 will not prevent either you or us from disclosing such Confidential Information where required to do so under any applicable law, or by order of a court or governmental body or authority of competent jurisdiction, or by any mandatory requirement of a regulatory authority.
12.5 You and we will establish and maintain such security measures and procedures as are reasonably practicable to provide for the safe custody of Conﬁdential Information and to prevent unauthorised access to or use of it.
12.6 Nothing in these Terms will confer any right, title, interest or license on the Recipient in relation to any Conﬁdential information disclosed by the Discloser.
13. Exclusions of liability
13.1 The Website, content and services are supplied to you on a strictly "as is" basis and we make no warranties, expressed or implied, regarding their fitness for a particular purpose, timeliness, reliability, satisfactory quality, completeness, accuracy, security or that they are free from error, except as we are required to under Australian Consumer Law.
13.2 We try to ensure that the information displayed on the Website is accurate, however your access to the Website and any action you carry out on the basis of information you obtain from the Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer or incur as a result or consequence of your use of the Website.
13.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
13.4 We aim to provide uninterrupted access to the Website, however, we give no warranty that availability of the Website will continue uninterrupted.
13.5 We reserve the right to suspend, restrict or terminate your access to the Website at any time.
13.6 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
(a) your use of, reliance upon or inability to use the Website or its content;
(b) the deletion with or without notice or cause of any of your data or information stored on the Website;
(c) the removal from the Website of any content or communications sent or posted by you on or via the Website;
(d) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Website at any time;
(e) any circumstance that is out of our reasonable control; and
(f) any loss or damage that is not directly caused by us or which we could not reasonably foresee when we entered into the agreement with you.
13.7 Nothing in these Terms is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.
13.8 To the extent any Warranty cannot be excluded, our liability in respect of the Warranty is limited to the remedies required of us under applicable law (including the Australian Consumer Law (ACL)). You may be entitled to the benefit of consumer guarantees under the ACL. Nothing in these Terms attempts to exclude the operation of the ACL and any exclusions or limitations of our liability are subject to any overriding provisions or non-excludable consumer guarantees under the ACL.
14.1 Without limiting any other indemnity given under these Terms, you agree to defend, indemnify, and hold Craggle, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from any breach of these Terms by you or your use of the Website.
14.2 Craggle enters into this clause 13 on its own behalf and also as agent for and on behalf of such officers, directors, employees, agents, licensors and suppliers, any of whom may enforce this indemnity against you directly.
14.3 To the extent an Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to the remedies required of us under applicable law (including the Australian Consumer Law (ACL)). You may be entitled to the benefit of consumer guarantees under the ACL. Nothing in these Terms and Conditions attempts to exclude the operation of the ACL and any exclusions or limitations of our liability are subject to any overriding provisions or non-excludable consumer guarantees under the ACL.
15. Complaints and Disputes
15.1 Where there is a disputes between you and us we aim to:
15.2 f you wish to raise a dispute or submit a complaint to us, you should do so by contacting us at firstname.lastname@example.org
15.3 We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
15.4 If you are dissatisfied with the response we provide, you may make a complaint to the Australian Financial Complaints Authority (AFCA). AFCA is a self-regulatory service providing an external and impartial dispute resolution process for retail members and customers of participating building societies, credit unions, banks, and other financial service providers. The AFCA's determinations are binding upon us if you accept the decision. You can contact the AFCA at:
Telephone: 1800 931 678
Facsimile: (03) 9613 6399
Mail: Australian Financial Complaints Authority Limited GPO Box 3 Melbourne VIC 3001
Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under this Agreement, by law or in equity.
15.5 Time limits may apply to a complaint to AFCA and so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.
16. Contact us
16.1 We can be contacted on email@example.com for questions regarding the Website or the services Craggle provides.
17.1 If any part of these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
17.2 If any part of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the part must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.
17.4 Force Majeure: Craggle shall not be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including act or war, cyber-attacks, terrorism, acts of God, fire, lightning, revolution, earthquake, flood, embargo, riot, sabotage, labour shortage, pandemic, or dispute, governmental act, civil commotion, governmental action, acts of third parties, failures of third party software or equipment, power or electrical failures and internet and connectivity failures.
17.5 Without limiting any other part of these Terms, the parties agree that a failure to exercise or enforce, or a delay in exercising or enforcing, or the partial exercise or enforcement of, a right, power or remedy provided by law or under these Terms by a party does not preclude, or operate as a waiver of, the exercise or enforcement, or further exercise or enforcement, of that or any other right, power or remedy provided by law or under these Terms; a waiver given by a party under these Terms is only effective and binding on that party if it is given or confirmed in writing by that party; and no waiver of a breach of any part of these Terms operates as a waiver of another breach of that part or of a breach of any other part of these Terms.
17.6 These Terms and the use of access of the Website shall be governed and interpreted by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts in the State of New South Wales, Australia.