1. BINDING TERMS
1.1 This Website is operated by Granite Home Loans Pty Ltd (ABN 27 622 955 524) (“Granite”, “Our”, “Us” or “We”).
1.3 This Website provides information about the various property information, analytics and data-enabled products and services offered by Granite and its related bodies corporate.
2. THE PARTIES
3. GENERAL INFORMATION
3.1 The information appearing in this Website, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between Us and You for the use of this Website.
4. INTERNATIONAL USE
4.1 We make no representation that Granite Services described on this Website are appropriate or available for use in locations outside Australia or in all States and Territories of Australia. Those who choose to access our Website from other locations are responsible for compliance with local laws. Overseas residents may contact Granite for further assistance regarding the availability of the Granite Services described on this Website.
6. WITHDRAWAL OF PRODUCTS AND SERVICES
6.1 The information relating to Granite and its Granite Services on this Website is correct at the time of publication. However, the Granite Services described in this Website can be withdrawn or varied at any time without notice. While every care has been taken in producing the information on this Website, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.
7. TERMS AND CONDITIONS AND FEES AND CHARGES
7.1 Terms and conditions apply to all Granite Services described in this Website and may be varied at any time without notice. Fees and charges also apply to all Granite Services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from Granite.
8. PERMITTED USES OF WEBSITE
8.1 You must only use this Website:
(a) to access the Granite Services;
(b) to obtain any other information relating to any of Granite’s products or services for a bona fide purpose,
(d) for any other use authorised in writing by Granite,
8.2 You agree that any use of this Website, except for the purposes described in paragraph 8.1, is prohibited.
8.3 The information and material in this Website is provided solely for bona fide personal or commercial customers only.
8.4 You agree that you will not and will not attempt (either yourself or through any third party) to:
(a) use this Website or any Granite Services accessible through it, for any purpose other than the Permitted Purpose;
(b) host links to this Website, unless expressly authorised by Granite in writing
(c) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with this Website, the Granite Services, underlying infrastructure or other software;
(d) use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any Granite Services, processes, information, content, or data accessible through this Website;
(e) use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this Website with information, content or data accessible via or sourced from any third party;
(f) use any information on or accessed through this Website for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain;
(g) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this Website or any Granite Services, transaction or process being conducted on or through it;
(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this Website;
(i) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this Website without the prior written permission of Granite;
(j) use another person’s login details or otherwise use any ‘brute force attack’ methods to gain access to any Granite Platforms, products or services;
(k) use this Website for any unlawful purpose or activity.
8.5 You agree to indemnify Granite in respect of any liability incurred by Granite for any Loss howsoever caused, suffered by you or any Related Bodies Corporate as a result of your breach of this clause.
9. GENERAL DISCLAIMER
9.1 You acknowledge and agree:
(a) Granite does not provide to You on this Website any investment, valuation, appraisal, legal, financial or taxation advice as to the suitability of any property;
(b) Advice and information given on this Website is general advice only and does not take into account your investment objectives, financial situation and particular needs;
(c) The general advice and information on this Website should not be relied upon in lieu of appropriate professional advice and You should consider independent professional advice tailored to your specific circumstances before making any investment decisions;
(d) You should make your own enquiries, exercise You independent judgement and assess whether the general advice and information on this Website is appropriate to your individual investment objectives, financial situation and particular needs before making any investment decisions;
(e) the accuracy of the methodology used to develop the Website, the Data, the existence of the subject property, and the accuracy of the predicted value are estimates based on available data and are not guaranteed or warranted;
(f) the condition of the subject property and current market conditions can greatly affect the validity of the Website and Data;
(g) any Data generated does not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal;
(h) the Website and Data, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice;
(i) Granite does not verify the accuracy or completeness of any Data supplied by any third party;
(j) Granite will not provide the Website or any Data to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers; and
(k) You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
10. LIMITATION OF LIABILITY
10.1 Granite excludes all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
10.2 To the maximum extent permitted by Law, Granite will not be liable under or in connection with this Agreement for any Consequential Loss.
10.3 Granite has no liability whatsoever to You or any other person, for:
(a) acts and omissions of, or any faults or defect in the Website;
(b) if interference with or damage to your computer systems occurs in connection with your use of this Website;
(c) faults or defects in the Website which are caused by You including any failure to comply with Your obligations under this Agreement;
(d) any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by Granite during the operation of this Agreement with Granite’s consent); and
(e) Your inability to access or use the Website for any reason.
(a) that the Website or the Data will meet Your requirements;
(b) that the Website or the Data are fit for Your purpose or are otherwise suitable for Your use;
(c) that the Website will be compatible with, or suitable for use with, Your Software
(d) that the Website or the Data, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
(e) that the statistical methods on which any of the Website or Data are based use appropriate or accurate assumptions;
(f) that the performance of the Website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Granite’s third party suppliers;
(g) that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.
10.5 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited (as Granite may elect in its sole discretion) to one or more of the following:
(a) to use commercially reasonable efforts to modify, correct or provide access to the relevant Granite Service;
(b) the supplying of the Granite Services again; or
(c) the payment of the cost of having the Granite Services supplied again, except as expressly provided elsewhere in this Agreement.
11. THIRD PARTY WEBSITES
11.1 Our Website may link you to other Websites on the internet. These other Websites are not under our control of, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of the Website by us or any association with its operators.
11.2 Accessing those Websites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:
(a) your use of those linked Websites or any loss or damage incurred arising out of or in connection with your use of them; and
(b) the content or practices of those Websites operated by third parties that are linked to our Website.
13.1 Except where otherwise stated, We own all rights, title and interest, or have licence rights, in all intellectual property rights in the materials contained in or published on this Website and the Granite Services accessible through it.
13.2 For non-commercial purposes only, you may download a single copy of this Website and where necessary for its use as a reference, make a single hard copy. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this Website may otherwise be copied, reproduced, adapted, modified, used to create derivative works, published or transmitted in any form by any process without our written consent.
14. TRADE MARKS
14.1 The trademarks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of Granite or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owners consent.
(e) Session Cookies: Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.
15.2 Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use Session Cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your Website experience. We may associate personal information with a cookie file in those instances.
15.3 Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:
(a) Open ‘Windows Explorer’
(b) Click on the ‘Search’ button on the tool bar
(c) Type “cookie” into the search box for ‘Folders and Files’
(d) Select ‘My Computer’ in the ‘Look In’ box
(e) Click ‘Search Now’
(f) Double click on the folders that are found
(g) ‘Select’ any cookie file
(h) Hit the ‘Delete’ button on your keyboard
15.4 If you are not using Microsoft Windows Explorer, then you should select “cookies” in the “Help” function for information on where to find your cookie folder. If you disable all cookies, you may not be able to take advantage of all the features of this web site. Consult your mobile device documentation for information on how to disable cookies.
15.5 We use the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. We and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our Website. This means that vendors including Google will display promotional material on other sites you visit across the Internet.
15.6 You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.
15.7 When you use our Website, you consent to receiving cookies from Us and our third party commercial partners.
16.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
16.3 We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our Website.
© 2018 Granite Home Loans Pty Ltd
All rights reserved.