These Terms and Conditions apply each time you use St.George Property. You accept these Terms and Conditions when you register for St.George Property. St.George Property is owned and operated by St.George Bank – A Division of Westpac Banking Corporation ABN 33 007 457 141 ("we", "us" or St.George).
If you do not agree to these Terms and Conditions, you should immediately stop using St.George Property and remove St.George Property from your Device.
St.George Property is for personal, non-commercial use only.
1. Important Information
The security of your Password is very important. It can be used to access information about you and your Account, including your Financial Profile. You must make every effort to ensure that your Password, and any record of it, is not misused, lost or stolen. You must tell us as soon as possible if any Passwords are lost or stolen.
(b) Listings, Market Insights, Financial Insights, and Upfront Costs
Listings, Market Insights, Financial Insights, and Upfront Costs are provided as a guide only and are based on data provided by our Data Providers and other publicly available information. You acknowledge that information provided by us through St.George Property do not take into account all factors that may affect Listings, Market Financial Insights, and Upfront Costs.
(c) Faults and Service Difficulties
(a) You must be registered to use St.George Property. You can register by providing your first name and Email address, and you do not need to be a St.George customer in order to register to use St.George Property.
(b) When you register for St.George Property, you will select a Password and we will then send an Email to your nominated Email address to verify your Account and to allow you to finish creating your Account.
(c) You must not provide another person's first name or Email address to register for an Account.
(d) We may reject any Email address or Password at our discretion.
You can use your Account to access a range of services through St.George Property, including:
(i) undertaking Searches for Listings;
(ii) obtaining Market Insights for a particular Location in Australia;
(iii) obtaining Estimated Values for a particular Property in Australia;
(iv) completing your Financial Profile;
(v) obtaining Financial Insights in relation to a particular Listing; and
(vi) contacting an Agent.
You acknowledge and agree that:
(i) Listings available on St.George Property are sourced from our Data Providers;
(ii) the availability of the Properties the subject of the Listings may vary from time to time; and
(iii) the Properties listed on St.George Property may not represent all Properties for sale at your selected Location.
(c) Estimated Values and Market Insights
(i) Any Estimated Values generated through St.George Property are provided as a general guide only and are an estimate of a Property's potential market price based on data sourced from our Data Providers. The sale price of the Property may differ from Estimated Values. You acknowledge and agree that Estimated Values:
(A) do not take into account all factors that may affect a Property's value at any time (including external factors, such as changes to the economy or property market);
(B) are not bank valuations for credit assessment purposes;
(C) are not based on any inspection of the Property;
(D) do not take into account any changes to the Property, including to its condition; and
(E) does not comprise personal advice and does not take into account your personal needs and financial circumstances.
(ii) Any Market Insights generated through St.George Property are provided as a guide only and are based on information sourced from our Data Providers. You acknowledge and agree that Market Insights do not take into account all factors that may affect the property market in a specific Location. You must carry out your own investigations and make your own assessments with respect to the value of any Property that you may wish to purchase, including obtaining reports such as building and pest inspection reports as may be necessary in order for you to make such assessments. We recommend that you seek professional advice before making any decision relating to any Property.
(d) Financial Insights and Upfront Costs
(i) Any Financial Insights generated through St.George Property are provided as a guide only based on Financial Profile that you provide. You acknowledge and agree that:
(A) interest rates and repayment amounts may change at any time, and may vary depending on your loan terms;
(B) interest rates applicable may vary from bank to bank;
(C) fees and charges payable on loans (including set up fees, service fees and lenders mortgage insurance, which may apply) are not taken into consideration in the calculations for the Financial Insights; and
(D) Financial Insights do not comprise approval for a loan and any repayment amounts are estimates only.
(ii) Upfront Costs are provided as a guide only based on:
(A) the general rate of stamp duty and other government fees applicable to the State or Territory where a particular Property is located;
(B) a notional value for conveyancer fees; and
(C) a notional value for property inspection fees.
You acknowledge and agree that these variables may change at any time and are dependent on external factors outside of our control. You should check with your solicitor, conveyancer or tax adviser with respect to any potential tax exemptions or concessions that may be relevant to you.
Any Checklists generated through St.George Property are provided as a guide only based on the usual steps purchasers may encounter in the course of purchasing Property in Australia. These steps may vary between States or Territories and checklists are not intended to replace any financial, accounting, legal or other professional advice.
(f) State and Territory Data
You acknowledge and agree that each of the warnings and notices set out in this clause 3(f) are deemed to be given each time you access St.George Property, and that we may for any reason, remove or amend any State and Territory Data incorporated into St.George Property at any time without any further notice to you.
(i) Australian Capital Territory
The State and Territory Data in relation to Property located in the Australian Capital Territory is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to: Director, Customer Service, ACT Planning and Land Authority, GPO Box 1908, Canberra ACT 2601.
(ii) New South Wales
The State and Territory Data in relation to Property located in New South Wales contains property sales information provided under sublicence from the New South Wales Government.
(iii) Northern Territory
Copyright in the underlying the State and Territory Data in relation to Property located in the Northern Territory is owned by the Northern Territory of Australia represented by the Department of Infrastructure, Planning and Logistics for which no responsibility is accepted.
© State of Queensland (Department of Natural Resources, Mines and Energy) 2019. In consideration of the State permitting use of the State and Territory Data in relation to Property located in Queensland, you acknowledge and agree that the State of Queensland gives no warranty in relation to such State and Territory Data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of such State and Territory Data. Such State and Territory Data must not be used for direct marketing or be used in breach of the privacy laws.
(v) South Australia
Copyright in the State and Territory Data in relation to Property located in South Australia belongs to the South Australian Government and the South Australian Government does not accept any responsibility for the accuracy or completeness of such State and Territory Data or its suitability for any purpose.
St.George Property incorporates State and Territory Data in relation to Property located in Tasmania that is copyright owned by the Crown in Right of Tasmania. Such State and Territory Data has been used in St.George Property with the permission of the Crown in Right of Tasmania.
The State of Victoria owns the copyright in the State and Territory Data in relation to Property located in Victoria and reproduction of such State and Territory Data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the State and Territory Data contained in St.George Property and any person using or relying upon such State and Territory Data does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the State and Territory Data supplied.
(viii) Western Australia
The State and Territory Data for Property located in Western Australia is based on information provided by, and reproduced with the permission, of the Western Australian Land Information Authority (2019) trading as Landgate.
(g) IDS Data
You acknowledge and agree that the copyright notice and disclaimer set out in this clause 3(g) is deemed to be given each time you access St.George Property, and that we may for any reason, remove or amend any Estimated Value and Market Insights incorporated into St.George Property at any time without any further notice to you.
© 2019 Insight Data Solutions Pty Limited (‘IDS’) and its suppliers and licensors. Copyright in elements of the Estimated Values and Market Insights may be held by Commonwealth, State and Local governments. All rights reserved.
The Estimated Values and Market Insights are current as at the publication date only. IDS does not warrant the accuracy or completeness of the Estimated Values and Market Insights it supplies and to the full extent allowed by law excludes any liability for any loss or damage arising from or in connection with the use or reliance upon the whole or any part of the Estimated Values and Market Insights through any cause whatsoever.
4. Availability, Suspension or Termination
(i) Although we will use commercially reasonable efforts to ensure St.George Property is available 24 hours a day, 7 days per week, St.George Property may become unavailable from time to time for any scheduled Updates or as a result of events beyond our reasonable control. In such an event, we will use commercially reasonable efforts to overcome such circumstances or mitigate their effects and resume full operation of St.George Property as soon as reasonably practical.
(ii) We do not represent or warrant that access to St.George Property will be secure, error free, uninterrupted or timely or that the St.George Property or its related server, are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
(b) Updates to St.George Property
We may make Updates to St.George Property at any time. You acknowledge and agree that St.George Property may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of St.George Property.
(c) Limitation, Suspension or Termination
(i) We may, without notice to you, limit, suspend or terminate your access and use of St.George Property at any time for any reason, including due to a breach of these Terms and Conditions or due to system failure, Updates or any other reason outside of our control.
(ii) You acknowledge and agree that you may lose saved data (such as your saved Feed, Financial Profile, Properties, and Searches) or your personal settings on St.George Property, should we limit, suspend or terminate your access to St.George Property, at any time and that we are not responsible for any such loss.
(iii) You may terminate your use of St.George Property at any time by giving us written notice or by calling our call centre, or alternatively, you can uninstall St.George Property from your Device at any time.
5. Using St.George Property
(a) Information You Must Give Us
(i) You have control over the information you give us, specifically in relation to your Financial Profile.
(ii) You acknowledge and agree that the accuracy and reliability of any Financial Insights are wholly dependent on the quality of the information you provide in your Financial Profile, and you warrant that the information is true, accurate or complete and you will use your best endeavours to keep such information true, accurate or complete and up to date.
(iii) We may (but are not obliged to) keep any records or backups of the information you give us, and we may provide access to you through St.George Property. However, you must keep and maintain a separate back-up copy of the information you give us if you require access to them in a different format or for longer than our usual retention period.
(i) Not all Devices are capable of accessing and using St.George Property. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of St.George Property. We are not responsible for:
(A) any inability of a Device to access St.George Property; or
(B) any loss or damage to a Device from your access and use or attempted access and use of St.George Property.
(ii) You may install and register St.George Property on any number of Devices. However, you may only access your Account on one Device at a time.
(c) Charges Relating to a Device
You may incur charges from your Internet or mobile service provider for using St.George Property. Any such charges are your sole responsibility and any matters regarding these charges should be raised with your Internet or mobile service provider directly.
(i) When you first log on to your Account, you will be prompted to select whether you agree to receive Notifications from St.George Property on your Device. You may change your selection at any time by following the prompts on St.George Property.
(ii) In some circumstances, Notifications may not reach your Device due to the requirements or limitations of the communications network or system outages or due to factors beyond our control, such as your Internet connection.
(iii) We may, without notice to you, temporarily suspend or terminate Notifications for any reason.
(e) Contacting an Agent
If you have agreed to receive Notifications, you may contact an Agent through St.George Property by:
(i) adding your mobile number and submitting a request for the Agent to contact you; or
(ii) sending an email to the Agent through St.George Property.
You authorise us to provide your contact details to the Agent for this purpose.
(f) Logon Using Biometric Information
Where your Device allows you to control access to it using biometric information such as fingerprints or facial data you store in your Device, St.George Property may provide a means for you to use the stored biometric information as a preferred credential logon (e.g. fingerprint logon). You can only do this where you have logged on to St.George Property using your Password. If you wish to logon using biometric information for St.George Property, you should ensure that only your biometric information is stored on the Device. We do not collect any of your biometric information.
(g) Appropriate Use
(i) You will not and will not attempt or permit any person to:
(A) record your Password on your Device or on any article normally carried with your Device and which is liable to loss or theft with your Device;
(B) permit any other person to use your Password. You acknowledge that you are responsible for all activity on your Account, using your Password and login, whether or not authorised by you; or
(C) disclose your Password or make your Password available to any other person (including a family member, a friend, or one of our staff);
(D) access and use St.George Property in a manner which could interfere with St.George Property or the access and use of St.George Property by other users;
(E) engage in conduct or activities which attempt to manipulate or bypass any limitations on St.George Property including anything that imposes an unreasonable or disproportionately large load on St.George Property or any network or website connected to St.George Property;
(F) do (or omit to do) anything that may jeopardise the security of St.George Property or access to St.George Property;
(G) resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available to a third party St.George Property;
(H) post to St.George Property or transmit or distribute any code, files or programs designed to interrupt limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
(I) remove or tamper with any copyright, trademark or other proprietary notice of ours or any other entity on the St.George Property;
(J) commit or encourage a criminal offence; or
(K) copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with St.George Property, any computer code underlying St.George Property or any content, such as Financial Insights, Listings, or Market Insights on St.George Property or any part thereof.
(ii) You will:
(A) prevent anyone else seeing your Password being entered into any Device; and
(B) comply with all applicable laws in relation to your access to and use of St.George Property.
6. Third Party Websites
St.George Property may include links to Third Party Websites. These links are provided for your convenience only and you acknowledge and agree that those Third Party Websites do not form part of St.George Property and are not under our control. You access those Third Party Websites at your own risk. We exclude all liability and responsibility for any loss or damage you may suffer as a result from accessing any Third Party Websites.
7. Location data
You may grant St.George Property permission to access, collect, and use your Location Data to allow us to provide you with the location-based functions and features of St.George Property and other location-based services we may offer from time to time. If you do not want us to access, collect or use your Location Data, please disable this feature on your Device.
8. Analytics and Cookies
You acknowledge and agree that we may use analytics on, or engage third party data analytics service providers for, St.George Property which enable us to track your activity on St.George Property, monitor usage patterns, further develop and improve St.George Property, and to offer relevant services to you. If you do not want us to access, collect or use your information for this purpose, you may close your Account and all information you have inputted into St.George Property will be deleted. St.George Property does not use any "cookies".
9. Intellectual Property Rights
(i) We own or are the licensee of all Intellectual Property Rights in St.George Property, including any Updates.
(ii) You retain your Intellectual Property Rights in information you provide to us through St.George Property, including your Financial Profile.
(b) Your Licence to St.George
You grant us a non-exclusive, royalty-free, transferable, worldwide licence to use, and allow our personnel and service providers (including our Data Providers) to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, and to further develop St.George Property. You warrant that our use of your Intellectual Property Rights will not infringe any third party's rights (including Intellectual Property Rights).
10. Limitation of Liability and Indemnities
You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
(i) did not observe any of your obligations under these Terms and Conditions; or
(ii) acted wilfully, unlawfully, negligently or fraudulently in connection with these Terms and Conditions.
(b) Exclusion of Liability
We will not have any liability to any party (including you) in relation to:
(i) the accuracy, completeness or reliability of the Listings, Financial Insights, Market Insights, Upfront Costs, or Checklists; or
(ii) any act or omission, where such act or omission is specified required by a direction to us from a regulatory body purporting to exercise its functions or powers.
(c) Limitation of Liability
(i) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of States or Territories, which may not be excluded, modified or restricted. To the extent permitted by law, our liability for breach of any condition, warranty or guarantee imposed by statute that cannot be excluded and your sole and exclusive remedy in relation to such breach will be limited to (at our election):
(A) in the case of goods:
(1) replacement or repair of the goods or supplying the equivalent goods again; or
(2) paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
(B) in the case of services:
(1) supplying the services again; or
(2) paying the cost of having the services supplied again.
(ii) To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms and Conditions.
This clause 10 will survive the termination or expiry of these Terms and Conditions.
11. General Matters
(a) Updates to Terms and Conditions
(i) These Terms and Conditions can be changed by us at any time.
(ii) We will give notice of any change to these Terms and Conditions on St.George Property in writing, either directly, by media advertisement or electronically, such as via Email or Notifications. For example, we may use your Email address to send you an electronic notice including the changes to these Terms and Conditions, or send you an Email to tell you the changes are available for viewing on St.George Property.
(iii) When the nature of the changes to these Terms and Conditions would require us to provide a summary of the changes to these Terms and Conditions or an updated version of these Terms and Conditions, we will do so.
(iv) Your continued use of St.George Property after these Terms and Conditions have been changes or updated, will be taken to be acceptance of such changes or updates.
You will not assign your rights under these Terms and Conditions. We may assign our rights under these Terms and Conditions at any time without notice to you.
(c) Problems and Disputes
(i) If you believe an error has been made, please contact us. We will correct any error that is found to be ours as soon as possible.
(ii) If you are ever unhappy about something we have done – or perhaps not done – please give us the opportunity to put things right. Where possible, we will attempt to resolve your complaint on the spot. And if we need to take some additional time to get back to you, we will let you know. In the event we cannot resolve your concern at your first point of contact, we will refer the complaint to our dedicated Customer Experience team.
(iii) Our Customer Experience Managers' aim is to respond to your complaint as quickly as possible, however some complaints may take longer to resolve than others. We will keep you informed as to the progress of your complaint. You can contact us by:
(A) Phone: 13 33 30
(B) Email: Go to our website, stgeorge.com.au, and scroll down to ‘Contact Us’ at the bottom of the page, and then click ‘Feedback and complaints’
(C) Mail: St.George Customer Experience, Reply Paid 5265, Sydney NSW 2001.
(iv) If you are unhappy with the outcome of your complaint, then please feel free to contact our Westpac Group Customer Advocate. The role of the Customer Advocate is to provide an objective and independent review of the outcome. The Westpac Group Customer Advocate can be contacted by email: firstname.lastname@example.org. Information to include in your correspondence:
(A) your customer number and complaint reference number;
(B) your preferred contact details; and
(C) a brief description of your complaint.
(v) If you are not satisfied with our response or handling of your complaint, you may be able to lodge a complaint with the free, independent external dispute resolution scheme, the Australian Financial Complaints Authority (AFCA). AFCA’s details are set out below.
Australian Financial Complaints Authority
Phone: 1800 931 678 (free call)
Mail: Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001
(vi) You can also contact the Australian Securities & Investments Commission (ASIC) to make a complaint and to obtain further information about your rights. They also have a freecall Infoline – 1300 300 630.
(d) Electronic Notices and Correspondence
You may receive notices, documents and communications electronically in relation to your Account instead of having paper documents mailed to you. We may send notices, documents and communications electronically by sending you an Email or an electronic notice on St.George Property. It is your responsibility to check your Email regularly for these notifications and to access the documents promptly following our Email. You must also keep your nominated email address current and let us know if you can’t access your Email or Account for any reason. You can change your nominated Email address at any time.
(e) Privacy and Confidentiality
(A) calling us on 13 33 30;
(B) asking at any of our branches; or
(C) visiting our website at stgeorge.com.au.
(ii) In addition to our duties under legislation, we have a general duty of confidentiality towards you, except in the following circumstances:
(A) where disclosure is compelled by law;
(B) where there is a duty to the public to disclose;
(C) where our interests require disclosure; or
(D) where disclosure is made with your express or
(E) implied consent.
(f) Direct electronic marketing
It is our policy to only send marketing material by electronic communications to customers who give us permission. By agreeing to these Terms and Conditions you give us this permission unless you have already told us that you withdraw your consent. If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature. This will allow you to opt out of receiving electronic communications containing marketing material at any time.
(g) Applicable law
These Terms and Conditions are governed by the laws in force in the State of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State.
If any provision or part of these Terms and Conditions is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect.
12. Meaning of Words
(a) Account means your account set up for use with St.George Property, and which may contain your saved Feed, Financial Profile, Properties, and Searches.
(b) Agent means a licensed real estate agent associated with a Listing.
(c) Checklist means a checklist generated based on the Property to cover the key milestones in the purchasing process.
(d) Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
(e) Data Provider means any of our third party data providers engaged to provide data and analytics for the purpose of providing you with Estimated Values, Financial Insights, Listings, and Market Insights.
(f) Device means a computer on which you have accessed St.George Property, or mobile device to which you have loaded St.George Property and which you have registered to access St.George Property.
(g) Email means electronic message.
(h) Estimated Value means the estimated value of a Property based on historical data from our Data Providers.
(i) Feed means a list of your previous Searches.
(j) Financial Insights means an analysis and report generated from your Financial Profile relating to a particular Property, including estimates relating to available funds after a deposit is paid, estimated loan amounts and loan to value ratio based on the deposit, and where your funds will be allocated (based on a breakdown between the estimated loan repayments, expenses, and leftover cash).
(k) Financial Profile means information that you provide to us through St.George Property, including relating to your first home buyer status, owner/occupier or investor status, whether you are purchasing with a partner, whether you have dependants, your approximate total savings for a deposit, your approximate annual pre-tax income, and your approximate expenses.
(l) Intellectual Property Rights means any intellectual property rights subsisting anywhere in the world, whether or not now existing, including:
(i) rights in relation to copyright (registered or unregistered), inventions (including patents, innovation patents and utility models), confidential information, technical information and know-how, registered and unregistered designs, registered and unregistered trade marks, and circuit layout rights, topography rights, and rights in databases;
(ii) any similar rights resulting from intellectual activity in the industrial, commercial, scientific, literary or artistic fields which subsist or may at any time subsist;
(iii) any application and the right to apply for registration for any of the above; and
(iv) any right of action against any party in connection with any of the above.
(m) Listing means a listing of a Property available for purchase sourced from our Data Providers, including a calculation of the Upfront Costs associated with the purchase of the Property.
(n) Location means a suburb or postcode in Australia.
(o) Location Data means the real-time geographic location of your Device, determined in accordance with your Device settings.
(p) Market Insights means an analysis and report generated for the Location based on historical data from our Data Providers, including in relation to median rental figures, market activity (thermometer), days on market (average number of days a Property is Listed before it sells), price trends (trend in average sale price for Property in the Location), vendor discounts (average percentage difference between a Property's Listing price and eventual sale price);
(q) Notifications means any alerts, updates, or messages that St.George Property initiates and sends to you via your Device.
(r) Password means the password you select for use in conjunction with your Account.
(s) Property means any residential real estate property of any type, including houses, townhouses, units, apartments, and land.
(t) Property Search Details means the search variables that you can control to refine the Listings that are made available to you in a Search, including your selected Location, Property type, number of bedrooms, number of bathrooms, number of car spaces, and price range.
(u) Search means a search for Listings matching your selected Property Search Details.
(v) State and Territory Data means data in relation to the demographics and statistics for a Location, and records of land status and cadastral boundary definition, procured by our Data Providers from the relevant State and Territories.
(w) St.George Property means the software application or any service we offer from time to time through a communication network to enable you to perform Searches for Listings, review Financial Insights and Market Insights, and review the Estimated Value of Properties, or other matters we specify.
(x) Third Party Websites means any websites operated by third parties.
(y) Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to St.George Property.
(z) Upfront Costs means the estimated stamp duty, government fees, conveyancer fees, and property inspection fees associated with the purchase of a Property.
Effective as at 31 August 2019.