Terms of Use for the RateCity website

Last updated 18 June 2024

1. TERMS

These are the Terms and Conditions of use of the website (www.ratecity.com.au) and/or the related mobile application (collectively referred to as either the "Site" or the “App”). Your use of the Site is subject to these Terms and Conditions of use ("Site T&Cs"). The Site is operated by RateCity Pty Limited, ABN 12 122 743 542, as an Australian Financial Services Authorised Representative (AR: 1309869) and Credit Representative (CRN: 559684) of Canstar Research Pty Ltd ABN 29 114 422 909, AFSL and Australian Credit Licence No: 437917 (Canstar Research).

You should read the Site T&Cs carefully before using the information and services available through the Site

RateCity may also display additional terms on the Site from time-to-time which form part of these Site T&Cs and apply to your use of, and access to, certain sections of the RateCity Site. These additional terms include but are not limited to RateCity's Privacy Policy and Financial Services & Credit Guide. Since you are also bound by these additional terms, you should review them wherever they are accessible to you on the RateCity Site.

If you continue to use the Site it means that you accept all of the Site T&Cs. If you do not agree with the Site T&Cs, you should stop using the Site immediately. RateCity reserves the right to amend, modify, add to or delete any of the Site T&Cs from time to time, and those modifications will take effect as soon as they are displayed on the Site.

2. PERMITTED USE OF THE SITE

You warrant to RateCity that you are a bona fide user interested in comparing for yourself the products and services available for ranking and comparison on the Site, and obtaining further information about those products and services and their suppliers ("Suppliers") including any offers made through the Site Material. 

In reliance on your acceptance of the Site T&Cs, and in particular the warranty in the paragraph above, RateCity grants to you a non-exclusive, revocable, non-transferable licence to use its software on a server controlled by RateCity, for the sole purpose of accessing and obtaining Site Material from the Site for personal use.

Products and services referred to on the Site and offers made through the Site are restricted to Australian residents only. These products, services and offers are not available to non-Australian residents because they may not comply with laws outside Australia. You should refer to the Supplier's website for further information.

You agree that you will not use the Site or any Site Materials (as defined in Section 5 below):

• for commercial purposes (including for competitive advantage or to the competitive disadvantage of RateCity or any Supplier or to operate your own comparison service);
• in any manner that is inconsistent with the purpose for which the Site is provided;
• in any manner which is in breach of any laws; or
• in any other way which is not expressly permitted by the Site T&Cs.

You agree that you will not and will not permit a third party to:

• use or access the Site or Site Material in a way that infringes the intellectual property rights or other rights of any person including RateCity;
• use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Site Material;
• use any method or process to consolidate or combine the Site Material with any other content, data, information, images or material;
• reverse engineer, disassemble or otherwise attempt to construct or identify the Site's (or any part of the Site's) source code, formulas or processes or interfere with the security of the Site or any Site Material and safe use by others of the Site;
• use, access or retain any Content in any manner or form whatsoever, unless expressly permitted by these Terms;
• 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 Site;
• use, obtain or attempt to obtain from the Site, information in order to identify or discover underwriting, rating and related business methodology or systems;
• do anything which will or may damage, disrupt access to or interfere with the proper operation of the Site or distort the Site Material or Content;
• do anything which will or may place an unreasonable load on the infrastructure of the Site;
• post, distribute or send any 'spamming material' or any other form of bulk communication via the Site or any website linked to the Site;
• impersonate any person or entity;
• publish or disseminate any material which is false, unlawful, defamatory, indecent, offensive, unfair or inappropriate or communicate any information to Suppliers which is deliberately false, misleading or deceptive or likely to mislead and deceive others;
• transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Site, its software or hardware, RateCity’s databases and the Site’s security; or
• remove any authorship attribution or copyright notices or similar information on the Site or any information derived from the Site. 

Your use of the Site is entirely at your own risk and the Site is provided on an "as is" basis. RateCity makes no representations or warranties as to the availability of the Site, or that your access to the Site will be uninterrupted, timely or secure.

No data transmission over the Internet can be guaranteed as totally secure. RateCity does not warrant and cannot ensure the security of any information which you transmit to it and any information you transmit to RateCity through the Site is transmitted at your own risk.

3. USE AND RELIANCE ON SITE MATERIAL

RateCity does not warrant the accuracy, adequacy or completeness of Site Material. All information is subject to change without notice

Although great care has been taken to ensure the reliability of any statements of opinion or general rating information provided on the Site, RateCity gives no warranties or guarantees (except those that are implied by law and cannot be excluded) in relation to the statements, representations and information contained in the data, ratings, reports and analyses displayed on the Site, including any offers in which Supplier’s participate.

RateCity disclaims all liability to the fullest extent possible arising from any user acting on the information, representations and statements contained therein. RateCity assumes no obligation or responsibility to provide updates on any published statement, information, representation or report. RateCity's research is current as at the date of collection of the data by the data provider; some product features may have changed since then. You should confirm current product details with the relevant Supplier, and make your own assessment of whether the product suits your individual needs before making a purchasing decision.

RateCity provides an information comparison and referral service. By browsing on the Site and/or using our search tools, you are asking RateCity to provide you with information about financial products from multiple financial institutions. RateCity is not a credit provider, and we are not making any suggestion or recommendation to you about credit products for your use. RateCity provides general information only. Full product details, terms and conditions should be obtained from the relevant product provider. If you decide to apply for a credit product, such as a home loan, credit card or personal loan, you will deal directly with a financial institution, and not with RateCity. RateCity accepts no liability for any products or services or information provided by financial institutions.

As a user, you understand that it is your responsibility to fully inform yourself of the details of each product, service and offer. We recommend that you obtain from the Suppliers who are financial services providers, lenders and credit service providers, copies of the relevant customer disclosure documents (including financial services guides, product disclosure statements, credit guides and the like). Those documents published by a Supplier contain the information relevant to the product, service or offer. Seek advice from the Supplier or from a professional adviser if you require any advice before acquiring a product. RateCity does not provide this sort of advice as part of the services on the Site.

You should refer to the Supplier's website for all relevant information, including complete information on that entity's financial adviser or dealer licensing status and licence number

The Suppliers' products, services and offers outlined on the Site are for your information only and do not constitute an offer capable of acceptance or forming a binding contract with RateCity or the relevant Supplier. At all times you should seek further information directly from the Supplier about any conditions you must meet and the details of any legal documentation that must be provided or signed before you enter into a binding legal relationship with them.

Results obtained from calculators on this Site are estimates only and RateCity does not warrant that the results displayed are accurate in all cases for you or would be applicable to or achievable in your particular circumstances. Calculator information should be used as a guide only. The actual amounts may be different depending on your particular requirements and circumstances, and changes in legislation e.g. tax rates. Data used in calculators is supplied by a third party data provider, and may contain errors or omissions. Data used in calculators is current as at the date of collection of the data by the data provider; some fees, interest rates and other features may have changed since then.

RateCity does not give any insurance, securities or investment advice, nor conducts any insurance, securities or investment advice business. RateCity does not deal in securities, whether on its own behalf, as a representative or agent of any other person, or otherwise. None of the information on the Site constitutes a "personal securities recommendation" for any purpose. RateCity is not a broker for insurance, securities or investments and its service is confined to comparing data supplied by the Suppliers about various financial and credit products.

RateCity may receive fees or other benefits in relation to activity on the Site. RateCity may receive remuneration for successful referrals to a "Go to Site" link or referral form, and/or as a consequence of a consumer acquiring a credit or other product or participating in an offer after following a "Go to Site" link or completing a referral form. For further details see RateCity's Financial Services & Credit Guide or How We Make Money. You agree to the terms of our Privacy Policy and Financial Services & Credit Guide in connection with your use of the Site.

The information on the Site is provided as an information service only and should not be relied upon as a substitute for financial or other professional advice, especially in the situation where you are unsure as to whether to acquire the product or change from an existing product you hold. None of the information on the Site takes into account your objectives, financial circumstances or needs. Anyone viewing the Site must therefore assess whether it is appropriate and relevant, in the light of their own individual circumstances, before acting upon the information.

4. REFERRAL LINKS AND THIRD PARTY CONTENT

Third-party advertising and referral buttons containing hyperlinks (together called "Referral Links") may be paid for by the relevant third-party advertisers and when you access and use those links, RateCity may earn a payment for that advertising or referral. None of the Referral Links constitute a recommendation or endorsement by RateCity or its respective directors, affiliates or employees of the products, services or offers of the Supplier who is promoted through the Referral Links.

The Site may contain links to other web sites operated by third parties ("Third Party Links") and any third party website that you visit using a Third Party Link (“Third Party Web Sites").

Subject to any applicable law which cannot be excluded, RateCity makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of information, products, services or offers available through Third Party Web Sites; or
• that content on Third Party Web Site (“Third Party Web Content”) does not infringe the intellectual property rights of any person. RateCity is not authorising the reproduction of Third Party Web Content by linking Site Material to Third Party Web Sites.

When you follow a link on the Site, Third Party Web Content may be displayed in your browser framed by our Site Material. RateCity is not responsible for and does not author Third Party Web Content.

All offers and statements and representations relating to products and services available on Third Party Web Sites are the responsibility of the Third Party Web Site operator. In so far as such offers and statements are made on the Site, such offers and statements are made by RateCity at the request of the operator or for the commercial purpose of the operator promoting its products and services. RateCity expressly disclaims any liability for those offers and statements and representations and is not acting as agent or representative for, or in any capacity on behalf of, a Third Party Web Site operator.

5. INTELLECTUAL PROPERTY

All the information, graphics and material (together called "Site Material") displayed on or available on the Site, and all the underlying source code and software, is owned or used under license by RateCity, except where expressly stated in these Site T&Cs. RateCity’s Site Material and any intellectual property which vests in the Site Material and Content is protected by copyright, trademark and other intellectual property laws. You agree not to do anything that would infringe RateCity's intellectual property rights in the Site Material and Content. You must not remove any authorship attribution or copyright notices or similar information on the Site or any information derived from the Site. 

"RateCity" is a trademark of RateCity Pty Limited. All other trademarks, registered trademarks, product names, logos and company names mentioned on this Site are displayed under licence from the owner or are displayed with the permission of the owner. Those third party marks, logos and names remain the property of their respective owners.

Reference on the Site to any products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by RateCity, and does not constitute or imply endorsement, sponsorship or recommendation of RateCity or its respective directors, affiliates or employees by the respective trademark owner. RateCity is not owned by, or affiliated with, any of the Suppliers mentioned on this Site.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by law, RateCity makes no warranty to any person in relation to any products, services or offers made on the Site except those warranties which cannot be specifically excluded.

RateCity will not be liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Site Material or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

In accordance with the Australian Consumer Law and any other applicable laws, the liability of RateCity for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at RateCity's option, to:

• the supply of the services to you again; or
• the payment of the cost of having the services supplied to you again. 

7. REFERRAL SERVICE

From time to time on the Site, RateCity may provide you with immediate access to a third party service provider (“Service Provider”) who is a broker, intermediary or financial services or credit services provider. This service is provided to you as a convenient referral and it is provided without any responsibility for us to vet the credentials, pricing, skills, expertise, suitability or quality of the Service Provider or the service that will be provided to you, if you decide to engage with the Service Provider.

The following conditions apply:

• When you submit a request for a Service Provider Referral, RateCity will share your contact details (including your personal information) with the Service Provider to enable them to contact you and grant us permission to disclose your information for this purpose.
• RateCity may receive payment or commission from the Service Provider when we disclose your personal information.
• RateCity may contact you to seek your response to a survey in relation to your dealings with The Service Provider.
• The Service Provider is not an employee, contractor, affiliate, representative or agent of RateCity. RateCity is not liable to you or anyone else in relation the products or services provided by the Service Provider including any advice or recommendations made by the Service Provider, payments between you and the Service Provider or disputes you may have in relation to the Service Provider. 

8. RATECITY SWITCH & SAVE SALE OFFERS

From time to time on the RateCity Site, RateCity may advertise and promote the Switch and Save Sale (“Sale”) by showing promoted product offers (the Offers) from various product providers on the Site (“Offer Suppliers”).

If you participate in any of RateCity’s Switch and Save Sale Offers, you agree to abide with the following terms and conditions.

Each Offer is for a limited time only and only available to an eligible applicant using the Site. To be eligible to participate in an Offer:

• You must over the age of 18 years and ordinarily reside in Australia;
• You must have a current home loan with a variable mortgage rate and you cannot be an existing customer of the Offer Supplier. Offers are not available for new home loans or fixed rate loans.
• None of the Offers apply to loans taken for business or investment purposes or a loan applicant who is not an individual (e.g. companies, trusts and partnerships).
• An Offer cannot be used in conjunction with, or in addition to, other special offers, discounts or benefits offered by the Offer Supplier.

All Offers are made by the Offer Supplier and not by RateCity. Each Offer is subject to the following rules:

• An Offer opens and closes at the times and on the dates shown on the Site. You must register your participation in the Offer by the close of Offer and have a loan approved by the Offer Supplier within 30 days of the expiry of the Offer. The relevant Offer dates will be displayed on the Site with each Offer. You must register at ratecity.com.au/sale and select which Offer you are interested in applying for.
• The Offer Supplier’s eligibility criteria for loan applicants will apply and your ability to take advantage of the Offer will be determined by the Offer Supplier when you make your loan application. There is no guarantee that your loan application will be accepted if you decide to participate in an Offer. The Offer Supplier’s lending criteria applies and this may include loan amount, Loan to Value ratio, serviceability, responsible lending criteria and others.
• RateCity has no involvement in the loan process and you must make arrangements directly with the Offer Supplier including payment of fees and charges (if any) directly to the Offer Supplier or in relation to their services.
• Calculations of potential savings if you take up an Offer are estimates only and RateCity does not warrant that the results displayed are relevant to you, or achievable in your particular circumstances. The actual amounts may be different depending on your particular requirements and circumstances, and changes in legislation etc. Data used in calculators may contain errors or omissions.
• RateCity is not liable for any inability for you to access the Site during an Offer period and provides no guarantee that the Site will be accessible at all times during an Offer period.
• Terms, conditions, fees, charges and eligibility criteria apply to all Offers (and are available on request by each Offer Supplier or via a link to the Offer Supplier’s conditions from the Site). Offers may be removed or amended by the Offer Supplier or RateCity at any time without notice.

9. GENERAL

RateCity reserves any legal rights it has which are not expressly stated in the Site T&Cs.

This agreement will be governed by and construed according to the laws in force in New South Wales, Australia. You unconditionally and irrevocably submit to the exclusive jurisdiction of Courts with jurisdiction in New South Wales and all appellate Courts from such Courts, and the jurisdiction of the Federal Court of Australia sitting in New South Wales.

The Site T&Cs published on the date you view them on the Site supersede all prior versions and constitute the entire agreement between you and RateCity for access to and use of the Site.

If any provision of the Site T&Cs are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Site T&Cs will be in full force and effect