PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions.
IMPORTANT: Artog is not a broker and does not offer financial or insurance advice. All enquiries on this website are referred to qualified third party financial service industry professionals with whom the user then deals directly. Please make sure you read the Product Disclosure Statement and other relevant documentation when deciding whether to acquire or hold a product.
Where a cash reward applies: the final amount that Artog will pay to the user upon the successful establishment of a facility is dependent upon the size and type of the facility and the provider that the user chooses. Artog will pay the final amount to the user upon receipt of the commission payment by Artog from the insurer/lender/broker. Artog will use its best endeavours to obtain all commissions due in order to pay the user. Artog may recover the payment made to the user in the event that the user cancels or changes their loan or insurance product resulting in Artog having to refund their commission earned. Please note – the fact that a payment amount is shown for a specified loan amount on our website in no way implies that the user has been pre-approved for any facility.
2. Accuracy of data
Artog has used its best endeavours to ensure that all its website, email, and any other Artog content is accurate. Artog however makes no guarantees or warranties as to the accuracy of this data and all information presented should be confirmed with the relevant broker, lender, insurer or other relevant party prior to acting upon it.
3. Refund policy
Artog may charge a fee for service. If for any reason Artog is unable to deliver the defined service, Artog will issue a full refund of the relevant fee.
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Artog and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Artog, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Artog, or such other party that may own the Trademarks.
5. Use of site
Artog grants you a limited, non-transferable licence to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to lodge legitimate enquiries, access relevant member areas, read our content and use our tools/calculators and shall not use this site for any other purposes. This site and the content provided in this site, including the text, graphics and button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Artog, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Artog Pty Ltd. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Artog deems in its sole discretion to be unreasonable or disproportionate to the benefits Artog obtains from your use of the site.
Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
Artog services are not to be used for commercial purpose without any prior authorisation from Artog Pty Ltd.
The results obtained from using any Artog calculator(s) should be used as an indication only. These results do not represent either quotes or offers for any product/service described, calculated or implied by any Artog calculator(s). Webmasters who place any Artog calculator(s) on third party websites (and/or websites unaffiliated with Artog), disclaim Artog from all responsibility resulting in any form from the use of these calculator(s).
Whilst due care is taken to ensure that the calculator distribution is as functional as possible, Artog disclaims all responsibility if the calculators are not functional on any external site at any time and for any period of time. Artog reserves the right to decide which domain addresses may access Artog’s calculators and it may change this status at any time.
6. Age and responsibility
If you use this site, you are responsible for maintaining the confidentiality of your account information and your password (where one has been provided). You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
8. Review of transmissions
You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Artog and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Artog takes no responsibility and assumes no liability for any content posted or submitted by you.
9. Exclusion of warranty
Artog and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis. Artog Pty Ltd and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Artog nor any third party providers or distributors warrant that this site, its servers or any e-mail sent from Artog are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights, which vary from state to state.
10. Limitation of liability
Artog assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text or images from the site. In no event shall Artog or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay, or (iii) the performance or non performance by Artog or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
If, notwithstanding the foregoing, Artog or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Artog and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Artog and without any liability whatsoever, Artog at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
You shall defend and indemnify Artog and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
The relationship between Artog Pty Ltd and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.
13. Governing law
This Agreement and its performance shall be governed by the laws of the state of New South Wales, Australia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New South Wales, Australia, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
14. Legal fees
If Artog or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary legal fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
15. Injunctive relief
You acknowledge that a violation or attempted violation of any provision of this User Agreement and these terms and conditions will cause such damage to Artog as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Artog shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Artog in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Artog may terminate this User Agreement and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Artog and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to Artog and its third party providers or distributors, as applicable.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
Artog may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
19. Additional terms
Additional terms and conditions may apply to enquiries, and other users of portions of this site, and you agree to abide by such other terms and conditions. In certain circumstances Artog may arrange for a provider/insurer/lender/broker to contact you to discuss your enquiry. You agree to be contacted by these parties.
20. Related Companies
MyRate Pty Ltd is a company closely related to Artog. Artog is an affiliate of MyRate. Artog may earn a commission on loans referred by Artog. Members of Artog may share in the profits of MyRate. Artog does not provide any advice about any of MyRate’s loans and the user must satisfy themselves as to the appropriateness of such products.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
23. Entire agreement
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.