Terms & Conditions

1. Introduction

In these Terms and Conditions of Use, the expressions we, us and our includes Australian Finance Group Ltd ABN 11 066 385 822 (AFG) Australian Credit Licence 389087, Path Financial Solutions ABN 97193515627 and any related entity.

By engaging our services or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Our Services

We provide mortgage broking services, which include:

• Assessing your financial situation and borrowing capacity
• Researching and comparing loan products from our panel of lenders
• Providing recommendations on suitable loan products
• Preparing and submitting loan applications on your behalf
• Liaising with lenders throughout the application process
• Assisting with loan settlement
• Providing ongoing loan review services

We act as an intermediary between you and lenders. We do not lend money directly and cannot guarantee loan approval.

3. Regulatory Framework

Our services are regulated under Australian law, including:

• National Consumer Credit Protection Act 2009 (Cth)
• National Credit Code
• Australian Securities and Investments Commission Act 2001 (Cth)
• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
• Privacy Act 1988 (Cth)

We are required to act in your best interests when providing credit assistance and to ensure any credit contract we recommend is not unsuitable for you.

4. Your Obligations

When using our services, you agree to:

• Provide accurate, complete, and current information
• Notify us promptly of any changes to your circumstances
• Not provide false or misleading information
• Read and understand all loan documents before signing
• Meet your obligations under any loan contract you enter
• Pay any fees or charges as agreed
• Respond to our requests for information in a timely manner

Providing false or misleading information may constitute fraud and could result in loan rejection, legal action, or criminal charges.

5. Fees and Commissions

Our service is free to you. We do not charge you fees for our mortgage broking services.

We receive commissions from lenders when your loan settles. These typically include:

• Upfront commission: A percentage of the loan amount paid at settlement
• Trail commission: An ongoing percentage of the loan balance paid monthly

Commission rates vary between lenders. We will disclose the estimated commission we expect to receive in writing before you proceed with a loan application.

Our commission arrangements do not affect the interest rate or fees you pay on your loan. The lender sets these independently.

6. Lender Panel

We have access to a panel of over 70 lenders, including major banks, regional banks, credit unions, and specialist lenders. Our lender panel is curated by our aggregator, AFG.

We recommend products from this panel that we believe are suitable for your circumstances. We do not compare every loan product in the market.

A full list of lenders on our panel is available on request.

7. No Guarantee of Approval

We cannot guarantee that any loan application will be approved. Loan approval is at the sole discretion of the lender and depends on factors including:

• Your creditworthiness and credit history
• Your income and employment stability
• The property valuation
• The lender's lending criteria at the time of application
• Regulatory requirements

Pre-approvals are subject to conditions and do not guarantee final approval.

8. Conflicts of Interest

We are required to identify and manage conflicts of interest. Potential conflicts may arise because:

• We receive commissions from lenders
• Commission rates vary between lenders
• Some lenders may offer volume bonuses or incentives

We manage these conflicts by always prioritising your best interests, disclosing commissions, and maintaining a diverse lender panel. Our recommendations are based on product suitability, not commission rates.

9. Website Use

Our website is provided for informational purposes. When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to our systems
• Interfere with the website's operation
• Copy, reproduce, or distribute website content without permission
• Submit false information through forms or calculators

Calculator results are estimates only and should not be relied upon as financial advice.

10. Intellectual Property

All content on our website, including text, images, logos, and design elements, is owned by us or our licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.

11. Limitation of Liability

To the maximum extent permitted by law:

• We provide our services "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our liability is limited to the fees paid by you (if any)
• We are not responsible for lender decisions or delays
• We are not liable for losses arising from reliance on website information

Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

12. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, or expenses arising from your breach of these Terms, provision of false information, or failure to meet your obligations under any loan contract.

13. Dispute Resolution

If you have a complaint about our services:

1. Contact us first: We will try to resolve your complaint within 30 days.
2. Internal Dispute Resolution: If unresolved, we will escalate to our internal dispute resolution process.
3. External Dispute Resolution: If still unresolved, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA).

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

15. Amendments

We may amend these Terms at any time by posting the updated version on our website. Continued use of our services after changes are posted constitutes acceptance of the amended Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.