ANZ Approved Originator Web Site Terms of Use

 

About the ANZ Approved Originator Web Site

The ANZ Approved Originator Web Site under the domain name "www.anz-originator.com.au" ("this Web Site") is operated by Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) ("ANZ").

The use of this Web Site, including the use of information, graphics and materials provided by ANZ ("ANZ Material"), is governed by these Terms of Use.

Your use of this Web Site also binds the legal entity which operates the business (whether this is a partnership, a trust, a company or some other type of entity) by which you are engaged (either as an employee, contractor or agent) ("Your Originator Company") to these Terms of Use. All obligations and limitations in these Terms of Use apply jointly and severally to you and Your Originator Company.

In the event of any inconsistency between the provisions of these Terms of Use and the Originator Agreement between ANZ and Your Originator Company, the Originator Agreement will prevail.

Additional services and functionality ("Additional Services") may be offered to you from time to time on this Web Site. Special Conditions of Use may apply to those Additional Services. You will be required to accept those Special Conditions of Use prior to using those Additional Services. In the event of any inconsistency between the provisions of these Terms of Use and those other Special Conditions of Use, the Special Conditions of Use will prevail.

Applying to use this Web Site

This Web Site is only available for use by the nominated employees, contractors and agents of ANZ Approved Originators. Your Originator Company will nominate individual employees, contractors or agents for access by:

(a) completing a written application form; or

(b) nominating the person for ANZ's originator accreditation program.

If approved or accredited as an ANZ originator, ANZ will then set up a user ID and temporary password for those individuals.

ANZ may, from time to time, ask you to provide ANZ with written authorisation from Your Originator Company confirming that you are authorised to use this Web Site on behalf of Your Originator Company. ANZ may also ask you to provide identification as an individual for authentication requirements.

Information available

In authorising your access to this Web Site, Your Originator Company must nominate one of the following access levels for you:

(a) Individual Broker - this access level allows you to view information about applications you have submitted to ANZ;

(b) State Summary - this access level allows you to view information about applications submitted by a group of individual brokers located in a particular state(s) that you manage for Your Originator Company; or

(c) National Summary - this access level allows you to view information about applications submitted by Your Originator Company around Australia.

ANZ will provide you with the level of access that Your Originator Company nominated you for by notice to ANZ. If Your Originator Company has not notified ANZ of a particular access level for you, ANZ will provide you with Individual Broker access until either Your Originator Company notifies ANZ of a different access level, or your access is terminated.

ANZ does not warrant or guarantee that the information available on this Web Site will be accurate or complete. Specifically, you should be aware that this Web Site will not necessarily provide either complete or accurate information on all submitted applications.

You acknowledge and agree that you are deemed to have been notified by ANZ of any information, including without limitation updated interest rates, fees and product information, that is available from time to time on this Web Site.

You must immediately notify ANZ, by calling 1800 812 785 (VIC, TAS, NSW, ACT, QLD, SA, NT),1300 367 389 (WA), if you know or suspect that you have accessed information which should not be available to your access level.

You acknowledge that information accessed through this Web Site about applications submitted by you and Your Originator Company is intended to reflect the current information on ANZ's systems at the time your request is made, excluding any transactions which have not been processed by ANZ. There may also be circumstances, for example, systems failure and technical difficulties, which mean that this information is not reported on a real time basis. In these circumstances, access to historical information may continue, or access may be suspended altogether.

Viewing approved loan details

The information on submitted applications where a loan has been drawn down will only be available on this Web Site for a maximum of 12 months after the initial drawdown of the last loan product included in that application. Information on applications where the loan is not drawn down will only be available for as long as ANZ retains this information in ANZ's Mortgage Originator System.

Without limiting the disclaimers above, when using the Quick search function, you should note that the following limitations also apply:

(a) Search for today's information or customer based search - This search will generally return information entered into ANZ's Mortgage Originator System on the same day that the search was requested.

(b) All other searches - All searches other than a search for today's information or a customer based search will generally return historical information stored in ANZ's Mortgage Originator System other than information entered into ANZ's Mortgage Originator System on the same day that the search was requested.

User IDs and passwords for registered users 

When you first visit and log on to this Web Site, you will be required to select a new unique password. You acknowledge that you will not be able to access information on this Web Site until you select a new password.

You agree that:

(a) you will not send or disclose to any other person or allow any other person to use your user ID or password;

(b) your user ID and password are personal to you and are not transferable;

(c) you will not keep your user ID or password in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person other than you;

(d) you are solely responsible for any loss caused by use of your user ID and password by you or any other person, including any use not approved or contemplated by you.

You must immediately notify ANZ, by calling 1800 812 785 (VIC, TAS, NSW. ACT, QLD, SA, NT), 1300 367 389 (WA), if you know or suspect that your user ID and password have been compromised or become known to a third party, or if you know of or suspect any unauthorised use of your user ID and password.

Privacy

To use this Web Site, you must provide certain details to ANZ about yourself, including your name, date of birth and email address ("your information"). Our system will also record details of when you use your user ID and password to access the restricted sections of this Web Site.

ANZ and its related bodies corporate (together called the "ANZ Group") may use your personal information (including sending emails to your email address) to verify your identity, provide you with updated interest rate, fee and product information, and to notify you about important changes to this Web Site such as:

(a) service interruptions and faults;

(b) changes to these Terms of Use; and

(c) promotional information for ANZ Approved Originators or about this Web Site.

You agree and consent to us using and disclosing your information for this purpose.

You also agree and consent to us using or disclosing your information for each of the following additional purposes:

(iv) maintaining our relationship with you;

(v) conducting market or customer satisfaction research;

(vi) performing our internal administration and operations;

(vii) compliance with legislative and regulatory requirements;

(viii) prevention and investigation of crime or fraud to protect your interest and our interest;

Collection of your information is essential for us to service both your relationship with us and our business operations. Without your information that we request you to provide to us, we would not be able to provide you with our products and services.

(iv) our agents, contractors and external advisers who we engage to carry out our functions and activities from time to time or who assist us to carry out our functions and activities;

(vii) regulatory bodies, government agencies, law enforcement bodies and courts;

(ix) other parties we are authorised or required by law to disclose information to;

Subject to any restrictions imposed on us by the Privacy Act 1988, you agree and consent to any disclosures by us of your information to an organisation of these types for any of our purposes listed above.

Subject to the provisions of the Privacy Act 1988, you may access your information at any time by requesting to do so by contacting ANZ by phone on 1800 812 785 (VIC, TAS, NSW, ACT, QLD, SA, NT), 1300 367 389 (WA). If you are able to establish that your information held by us is not accurate, complete and up to date, we must take reasonable steps to ensure that the information is accurate, complete and up to date.

Information about your use of this Web Site may be available to Your Originator Company or individuals nominated by Your Originator Company who have State Summary or National Summary access to this Web Site, or may be used by ANZ to analyse and discuss your use of the Web Site with you or Your Originator Company.

You acknowledge that it is your responsibility to provide accurate and up to date contact details to us on an ongoing basis. If you need to view or update the personal information we hold about you (or do not wish to receive promotional information), you can contact ANZ by phone on 1800 812 785 (VIC, TAS, NSW, ACT, QLD, SA, NT), 1300 367 389 (WA) or by email at origserv@anz.com. Access to update your details will be subject to ANZ's authentication and authorisation requirements.

Security

ANZ employs a range of security measures in this Web Site, from data encryption to firewalls. With these measures ANZ endeavours to protect the information available in this Web Site from unauthorised access. Unfortunately, ANZ cannot guarantee that any data transmission over the internet is totally secure.

As ANZ has no control over your web browser software it is not responsible for the security of the information during transmission between this Web Site and your browser. In addition, you are responsible for your own PC anti-virus and security measures to help prevent unauthorised access.

ANZ Group Product Information and Supply

The ANZ Material may contain general information about ANZ Group products and services. Unless expressly stated otherwise, this information:

(a) does not constitute an offer or inducement to enter into a legally binding contract; and

(b) does not form part of the terms and conditions for ANZ Group products and services.

All applications for credit are subject to the ANZ Group's normal credit approval criteria.

Unless expressly agreed otherwise, products and services discussed in the section of this Web Site which refers to the Australian operations of any ANZ Group member will be provided only to Australian residents. These products and services are generally not available to non-Australian residents because they may not comply with non-Australian laws.

Warranties

While every effort has been made to ensure that information is free from error, the ANZ Group does not warrant the currency, accuracy, adequacy or completeness of ANZ Material on this Web Site. All information is subject to change without notice. The ANZ Group does not guarantee that the ANZ Material on this Web Site will be free from viruses, or that access to the ANZ Material on this Web Site will be uninterrupted.

Liability

You will be liable for, and you indemnify ANZ on demand against, any loss, liability or damage which ANZ has suffered or may suffer because you did not observe your obligations under these Terms of Use or acted negligently or fraudulently when using this Web Site. This indemnity does not apply to any loss or damage to the extent that it is attributable to ANZ's negligence or wilful breach of these Terms of Use.

Subject to any responsibilities implied by law and which cannot be excluded, no member of the ANZ Group is liable to you for any direct, indirect or consequential losses, damages, liabilities, claims and expenses (including but not limited to loss of profits, loss of revenue, business interruption, legal costs and defence or settlement costs) whatsoever arising out of or referable to:

(a) this Web Site; or

(b) the ANZ Material,

whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the ANZ Group 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 ANZ's option, to:

(a) the supply of the goods or services again;

(b) the repair of the goods; or

(c) the payment of the cost of having the goods or services supplied again or repaired.

Jurisdiction

The ANZ Material on this web site is provided for use by Australian residents only. The law applicable to use of the ANZ material on this Web Site and to disputes arising out of the ANZ Material on this Web Site is the law of the State of Victoria, Australia.

Copyright and Trade Marks

Copyright in the ANZ Material is owned or licensed by ANZ.

Except where necessary for viewing and using the ANZ Material on this Web Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no ANZ Material may be reproduced, adapted, performed in public or transmitted in any form by any process without the specific written consent of ANZ.

"ANZ" and all associated trade marks, are trade marks of Australia and New Zealand Banking Group Limited.

Withdrawal and suspension of service

ANZ may withdraw this Web Site completely, or suspend the Web Site or your access to it for a period of time for any reason including (without limitation) the following:

(a) if there is an interruption or fault in any part of ANZ's computer or telecommunications system;

(b) if you breach any part of these Terms of Use;

(c) if you use this Web Site for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material;

(d) if this Web Site or any of ANZ's other computer or telecommunications systems are subjected to any virus, unauthorised access, denial-of-service or other malicious attack;

(e) for maintenance or security purposes;

(f) following a request from Your Originator Company; or

(g) if you or Your Originator Company cease to be accredited with ANZ.

Acceptance and changes to these Terms of Use

You acknowledge and accept that your use of this Web Site indicates your acceptance and acceptance on behalf of Your Originator Company of these Terms of Use.

These are the current ANZ Approved Originator Web Site Terms of Use. They replace any other terms of use for this Web Site published on this Web Site to date. ANZ may at any time vary these Terms of Use by:

(a) notifying you at your last email address known to ANZ; or

(b) publishing the varied Terms of Use on this Web Site.

You accept that by doing this, ANZ has provided you with sufficient notice of the variation. If you do not agree with the variation you should stop using this Web Site and notify ANZ that you do not agree to the varied Terms of Use. You acknowledge and accept that it is your responsibility to immediately inform ANZ of any changes to your email address.