Website Terms and Conditions (Terms)

In these Terms, “we” and “us” mean Refy and refy.com.au and “you” means you the customer or site visitor.

Access to and use of the Refy website (refy.com.au) and the services available through the Website are subject to the following Terms as may be updated by us from time to time.

Your acceptance

These are the terms on which Refy permits users to access and use the Website including using the services and functionality made available through the Website, viewing Content provided by Refy, communicating with Refy and reviewing service information.

You agree to be bound by these Terms by:

• using, browsing or accessing any part of the Website;
• registering as a member through the Website; or
• using the services and functionality made available through the Website.

Refy may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

The Website is subject to change at any time without notice and may contain errors.

Use of this Website

Using the services and functionality made available through the Website is governed by these Terms.

Refy provides its Website visitors and members the opportunity to use the services and functionality made available through the Website. By using the services and functionality made available through the Website, you are offering to use our services on and subject to these Terms.

You are responsible for all of your activity in connection with accessing and using this Website.

You must not use this Website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through this Website any inappropriate communication or any virus or other disabling code in any form.

You must not bypass any security mechanisms imposed by this Website, or tamper with, hinder the operation of or make unauthorised access or modifications to this Website.

Certain parts of this Website may be restricted to certain users, and other terms of use may apply to the use of these other parts of this Website (Other Terms). To the extent of any inconsistencies between these Terms and the Other Terms, the Other Terms will prevail.

Disclaimers relating to the Website

We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free. We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.

The information on this Website is provided for information purposes, general interest and enquiry only. While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on this Website. The use of this Website is at your own risk. Information may change without notice. Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance. This may mean contacting our personnel or finance brokers before relying on any information on this Website.

To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use. Our liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of this Website again or, at our option, the payment of the costs of having an equivalent service supplied again.

Refy and Third Party Content

This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.

Without limiting the above, certain features of the Website aggregates Third Party Materials to produce results for you. We rely on third parties to supply the Third Party Materials and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, we have no liability arising out of any results or recommendations produced by the Website, and you are responsible for the final choice of any product that you may choose.

The Website provides a forum though which energy retail plains and energy comparison services from third party suppliers can be requested by users, and supplied to the user by the third party suppliers. The provision of suppliers on this Website does not necessarily constitute the recommendation or endorsement of Refy for such goods or services. The third party supplier is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third party suppliers. It is your sole responsibility to ensure that any such goods, services, or information provided by any such third party supplier are suitable for your particular needs.

Refy has the right, but not the obligation, to monitor any information, services content, comment, content, communication, advice, text, or other material (Content) made available or posted on the Website. Refy reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.

Any use of Refy materials or information by another person or organisation is at the user’s own risk.

The Content on this Website is obtained and developed from a variety of sources including but not limited to Financial Service Providers, collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, Financial Service Provider, product or service.

Refy assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Except as Refy may specifically direct otherwise, Refy does not authorise the content of those third party websites.

While care has been taken in preparing the Content on this Website, Refy and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website or to a Mortgage Broker or third party service provider. You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy.

If you have a complaint regarding any Content, Refy’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.

Disclaimer of warranties and limitation of liability

To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Materials, any recommendations or results generated by the Website, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Refy excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Refy excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.

Notwithstanding anything in this clause, in the event that Refy is liable for a breach of these Terms, the maximum extent of Refy’s liability is limited at its sole and absolute discretion to either supplying the services again or the payment of the cost of having the services supplied again.

You agree to fully indemnify Refy, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

• any breach of these Terms by you;
• your access or use of the Website; or
• your communications with Refy.

You agree to indemnify and keep indemnified Refy, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.

No Agency

The relationship between Refy and each User and Provider is that of independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Website.

Security

We take reasonable steps to protect the information that you transmit using this Website. However, we cannot guarantee the security of any information that you transmit to us using this Website. Therefore, any information you transmit using this Website is transmitted at your own risk. When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.

Financial products and financial services

We do not offer any financial advice, financial products or financial services on the Website.

We may pass on the information (including personal information) that you supply on the Website to relevant participating mortgage brokers or other financial service providers if you choose to do so on the Website. You are then responsible for dealing with the relevant relevant participating mortgage brokers or other financial service providers in applying for relevant financial products or services.

Intellectual Property

Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on this Website. We authorise you on a non-exclusive basis to reproduce and download the materials solely for use in the intended manner. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

All names, logos and trade marks on this Website are the property of their respective owners. Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

All intellectual property rights, including copyright and patents, in the Website, Refy’s goods and services, and all components of them are owned or licensed by Refy or any of its related entities. You must not copy, modify or transmit any part of the Website.

The Website contains trademarks, logos, service names and trade names of Refy or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.

Privacy

We may collect your personal information through this Website. We collect, use, hold and disclose your personal information so that we can perform our business activities, to provide your contact details to relevant participating energy retailers or partner providers, and to administer this Website. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us. However, if you choose not to do so, then we may not be able to respond to you, or ask our participating finance brokers to contact you.

In addition to using your personal information for the purpose for which it is given, we may also disclose your personal information to:

(i) our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests or answering queries by you;

(ii) suppliers and other third parties that supply services to us, for our business, marketing, and related purposes;

(iii) regulators and law enforcement agencies;

(iv) associated businesses that may want to market products to you; and

(v) other organisations for any authorised purpose with your express consent.

Our privacy policy, available at https://refy.com.au/privacy-policy/, contains information about how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information, and how we will deal with such a complaint.

You consent to your personal information being collected, used and disclosed in accordance with these Terms and our privacy policy. You must not submit the personal information of another person, unless that person has read, understood and accepted these Terms and our privacy policy.

Access and communication

Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Refy does not warrant that you will have continuous access to the Website. Refy will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

Refy does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and Refy does not guarantee the security or confidentiality of these communications or the security of the Website.

Refy does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. Refy does not warrant that:

• the goods or services available on this Website; or
• the Website and its content,

comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.

If you access and use this Website or its content from outside Australia, you do so at your own risk.

Comparative Information

We may pool the information and Content you and other users of Refy’s services and Website provide to us (Comparative Information) and use that information in a de-identifying manner which complies with our Privacy Policy responsibilities. The Comparative Information will be general information about the operations of users of Refy’s services and Website. The information we gather and which we may publish will not refer to, or be identifiable to, any particular user of our Refy’s services and Website.

You grant a non-exclusive, royalty-free license to Refy to use the Comparative Information during and after your use of our services and the Website (including after you are no longer a member) and for any such other purposes as we deem necessary provided use of the Comparative Information conforms with our Privacy Policy and all applicable laws.

Website licence and use

Refy grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in these terms. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to Refy will be treated as non-confidential and non-proprietary information.

Prohibited uses

In using the Website you must not:

• engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
• impersonate or falsely claim to represent a person or organisation;
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
• post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
• post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.

Refy provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Refy from all applicable liability and responsibility.

Termination of your access to the Website

Refy may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Entire Agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Refy. Any waiver of any provision of these Terms will be effective only if in writing and signed by a Director of Refy.

General

If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms remaining provisions.

These Terms are governed by the laws of the State of New South Wales, Australia.