Terms of Use

Acceptance of these Terms

These Terms of Use form an agreement between you and M FAKIH & H.M NEL, ABN 70 809 795 857, trading as ChooseNext.

By accessing or using the ChooseNext website, completing an assessment, submitting an enquiry, requesting an introduction or otherwise using our services, you agree to be bound by these Terms.

You should read these Terms together with our Privacy Policy and any specific collection notice, consent wording or disclosure presented when you submit information.

If you do not agree to these Terms, you must not use the website, submit an enquiry or request a referral through ChooseNext.

About ChooseNext

ChooseNext operates a consumer-facing referral service that helps Australians organise factual information about their home-loan goals and request an introduction to a participating mortgage professional.

Our initial referral categories may include:

• First-home-buyer enquiries.
• Home-loan refinance or review enquiries.
• Mortgage restructuring enquiries.
• Fixed-rate expiry enquiries.
• Debt-consolidation or equity-related mortgage enquiries.
• Other mortgage-related categories introduced in the future.

We may add, remove or change categories, assessments and referral services from time to time.

Definitions

Eligibility to use the service

The ChooseNext mortgage-referral service is intended for people aged 18 years or older who are located in Australia or seeking assistance relating to an Australian property or credit product.

By using the service, you represent that:

• You are at least 18 years old.
• You have legal capacity to agree to these Terms.
• The information you submit relates to you or is provided with proper authority.
• You are not using the service for an unlawful or fraudulent purpose.
• You are not impersonating another person.

If you provide information about a spouse, partner, co-borrower, guarantor or another person, you must have a lawful basis and appropriate authority to provide that information.

How the ChooseNext referral service works

ChooseNext may collect factual information about your stated objective, timeframe, contact details and general circumstances. This information may be used to categorise your enquiry and identify whether a participating provider may be available to assist.

The referral process may include:

1. You complete an assessment or submit an enquiry.
2. We verify or review certain information you have provided.
3. We identify a participating provider that accepts the relevant enquiry category.
4. You receive information about what will happen next.
5. Your enquiry may be disclosed to the participating provider in accordance with your consent.
6. The provider may contact you by telephone, SMS, email or another agreed method.

We may use automated systems, routing rules, geographic criteria, provider capacity, enquiry type and other operational factors to identify a participating provider.

A match or referral does not mean that:

• The provider is the only provider capable of assisting you.
• The provider offers the best, cheapest or most suitable product available.
• The provider covers every lender or credit product in the market.
• You will qualify for a credit product.
• An application will be approved.
• You will save money.

ChooseNext is not a lender or mortgage broker

ChooseNext is a referral and information-gathering service. Unless expressly stated otherwise in writing, ChooseNext does not:

• Provide credit.
• Approve or decline credit applications.
• Provide personal credit assistance.
• Recommend a specific credit contract or lender to you.
• Determine that a credit product is suitable for you.
• Negotiate a credit contract on your behalf.
• Submit a credit application for you.
• Perform a formal borrowing-capacity assessment.
• Provide legal, taxation, accounting or investment advice.
• Act as your agent, adviser, representative or fiduciary.

General educational material published by ChooseNext is not personal advice and does not take account of your individual objectives, financial situation or needs.

Assessments, calculators and preliminary results

ChooseNext may provide assessments, questionnaires, checklists, estimates, summaries or calculators to help you organise information and understand questions that may be worth discussing with a participating provider.

Any result is:

• General and preliminary only.
• Based on the information you provide.
• Subject to assumptions, limits and incomplete information.
• Not a formal credit assessment.
• Not financial or credit advice.
• Not a determination of eligibility.
• Not a pre-approval or approval.
• Not an offer of credit.
• Not a guarantee of a rate, saving, repayment or outcome.

Lending criteria, property valuations, interest rates, fees, government programmes and product terms may change. A participating provider and lender may obtain different results after reviewing complete and current information.

You must not rely solely on a ChooseNext assessment when making a financial, property or credit decision.

Information you provide

You are responsible for ensuring that the information you submit is accurate, current and not misleading.

You agree not to knowingly:

• Submit false contact information.
• Use another person’s identity without authority.
• Misrepresent your financial or employment circumstances.
• Submit duplicate or automated enquiries for an improper purpose.
• Conceal information for the purpose of manipulating an assessment result.
• Upload malicious, unlawful or infringing material.

If relevant information changes after submission, you should tell the participating provider before relying on any assessment or proceeding with an application.

ChooseNext may reject, suspend, flag or remove an enquiry that appears invalid, fraudulent, duplicated, abusive or outside the service criteria.

Consent to referral and communications

Where you provide the relevant consent, you authorise ChooseNext to use and disclose information from your enquiry for the purpose of arranging the requested referral.

You may also agree that ChooseNext or the disclosed participating provider may contact you by:

• Telephone.
• SMS or text message.
• Email.
• Voicemail.
• Another method described in the relevant consent notice.

The consent wording displayed at the time you submit your enquiry forms part of these Terms.

Service communications

We or the participating provider may send communications reasonably necessary to manage your enquiry, including verification codes, submission confirmations, provider-identification messages, appointment details and requests to clarify information.

Marketing communications

Promotional or ongoing marketing communications will be sent only where appropriate consent or another lawful basis applies. You may unsubscribe or withdraw marketing consent using the method provided in the communication or through our consent-withdrawal process.

Withdraw consent or request that communications stop

A withdrawal generally operates prospectively and may not reverse a disclosure already made with valid consent.

Participating providers are independent third parties

Participating providers are independent businesses. They are not employees, agents, partners or representatives of ChooseNext merely because they participate in our referral network.

A provider is responsible for:

• Maintaining any licence, authorisation, membership or insurance required for its activities.
• Explaining its services, lender panel and limitations.
• Providing any required credit guide, disclosure or agreement.
• Complying with responsible-lending and best-interests obligations that apply to it.
• Assessing your personal circumstances.
• Providing recommendations or credit assistance.
• Managing documents, applications and lender communications.
• Handling complaints about its own conduct or services.
• Managing information under its own privacy policy.

You should independently satisfy yourself that a provider is appropriate for your needs before acting on its services or recommendations.

ChooseNext does not control the provider’s advice, lender panel, recommendations, fees, service standards, application decisions or ongoing relationship with you.

One-provider referral model

Our intended model is to disclose an accepted enquiry to one participating provider at a time, unless we clearly explain otherwise and obtain appropriate consent.

We may reassign an enquiry where a provider rejects it before meaningful contact, cannot service it, is unavailable or has reached capacity. Further notice or consent will be obtained where required.

Referral fees and commercial arrangements

ChooseNext may receive a referral fee, lead fee, commission or other commercial benefit from a participating provider for making an introduction or supplying an accepted enquiry.

Unless we clearly state otherwise, consumers are not charged a fee by ChooseNext for completing an assessment or requesting a referral.

A participating provider may receive commissions, fees or other benefits relating to a credit product. The provider is responsible for giving you any disclosures required in relation to those arrangements.

A commercial arrangement between ChooseNext and a provider does not:

• Guarantee approval.
• Establish that the provider is the only suitable provider.
• Establish that a particular product is suitable for you.
• Guarantee that you will obtain the lowest available rate.
• Guarantee a financial saving or benefit.

Availability and scope of the service

ChooseNext does not cover every lender, broker, credit product, service, geographic location or consumer circumstance in the Australian market.

In some cases:

• Only one participating provider may be available.
• No participating provider may accept your enquiry.
• A provider may not service your location or circumstances.
• A provider may have reached its capacity.
• A specialist provider may be required.
• Your enquiry may not fall within our current referral categories.

We are not required to make a referral, and submission of an enquiry does not create an obligation for ChooseNext or a participating provider to accept or service it.

We may change, pause, restrict or discontinue any part of the service without prior notice where reasonably necessary.

Acceptable use of the website

You must use the website lawfully and only for its intended purposes.

You must not:

• Attempt to gain unauthorised access to the website, systems or data.
• Interfere with the operation, security or availability of the website.
• Introduce malware, harmful code or automated attacks.
• Scrape, copy, harvest or extract information using automated means without permission.
• Use bots to submit enquiries or manipulate assessments.
• Use the website to harass, threaten, defame or harm another person.
• Upload or transmit unlawful, misleading, deceptive or infringing material.
• Attempt to identify, contact or bypass participating providers through unauthorised access.
• Use ChooseNext branding or content in a way that implies endorsement or affiliation.
• Use the website for commercial resale, competitive intelligence or lead harvesting without written permission.

We may take reasonable technical, legal or operational steps to protect the website and investigate suspected misuse.

Intellectual property

Unless otherwise stated, the website and its content are owned by or licensed to ChooseNext.

Protected material may include:

• The ChooseNext name and logo.
• Website design and layout.
• Assessment wording and structure.
• Written content, graphics, icons and illustrations.
• Software, source code and functionality.
• Reports, guides, checklists and downloadable resources.
• Databases, classifications and referral processes.

You may view and use the website for your personal, non-commercial use.

Without prior written permission, you must not reproduce, modify, publish, distribute, sell, license, reverse-engineer or create derivative works from protected ChooseNext material, except where permitted by law.

Third-party names, trademarks and logos remain the property of their respective owners.

Third-party websites, tools and content

The website may contain links to participating providers, government resources, lender websites, calculators, social-media services or other third-party content.

Links are provided for convenience or information and do not necessarily mean that ChooseNext endorses, controls or guarantees the third party or its content.

ChooseNext is not responsible for:

• The accuracy or completeness of third-party content.
• The availability or security of a third-party website.
• A third party’s privacy practices.
• Products or services offered by a third party.
• Loss arising from your use of a third-party service.

You should review the third party’s own terms, privacy policy and disclosures before providing information or entering into an arrangement.

Accuracy and availability of website information

We aim to provide useful and reasonably current information, but mortgage rules, lender policies, rates, fees, government programmes and market conditions can change frequently.

To the extent permitted by law, we do not guarantee that:

• All website information is complete, current or error-free.
• An assessment reflects every relevant lender policy.
• Information supplied by third parties remains current.
• The website will be uninterrupted, secure or available at all times.
• Technical errors will be corrected immediately.
• A provider will respond within a particular timeframe.

You should confirm important information with an appropriately licensed or qualified professional before acting.

ChooseNext may correct, update or remove website content at any time.

Australian Consumer Law and non-excludable rights

Australian law may give you rights and remedies that cannot be excluded, restricted or modified by agreement.

Nothing in these Terms is intended to exclude, restrict or modify:

• Any consumer guarantee.
• Any statutory guarantee.
• Any condition, warranty, right or remedy.
• Any liability that cannot lawfully be excluded or limited.

Where a guarantee, condition or warranty is implied by law and cannot be excluded, these Terms operate subject to that law.

Limitations of liability

Subject to Section 17 and to the maximum extent permitted by law, ChooseNext is not liable for loss arising solely from:

• Your reliance on general website information as personal advice.
• Information you provide that is inaccurate, incomplete or outdated.
• A lender or provider declining, delaying or changing an application.
• A provider’s advice, recommendation, omission or conduct.
• A provider’s lender panel, product range, fees or commercial arrangements.
• Changes in interest rates, property values or lending criteria.
• A valuation, credit decision or approval outcome.
• The unavailability of a participating provider.
• A third-party website, product, service, system or communication.
• Temporary website interruption or technical failure outside our reasonable control.
• Unauthorised conduct by a third party that could not reasonably have been prevented.

To the maximum extent permitted by law, ChooseNext is not liable for indirect, incidental, special or consequential loss, loss of opportunity, loss of profit, loss of savings or loss arising from a property or credit decision, unless that liability cannot lawfully be excluded.

These limitations do not apply to liability caused by conduct that cannot lawfully be excluded, including where applicable fraud, wilful misconduct or a failure to comply with a non-excludable legal obligation.

Your responsibility for misuse

To the extent permitted by law, you are responsible for loss, damage or reasonable costs directly caused by:

• Your unlawful use of the website.
• Your fraudulent or intentionally misleading submission.
• Your infringement of another person’s rights.
• Your unauthorised provision of another person’s information.
• Your deliberate interference with the website or systems.
• Your material breach of these Terms.

This section does not require you to compensate ChooseNext for loss caused or contributed to by ChooseNext’s own unlawful conduct, negligence or breach of a non-excludable obligation.

Privacy and personal information

Our collection, use, disclosure, storage and handling of personal information are described in our Privacy Policy .

By submitting information, you acknowledge that:

• ChooseNext will collect the information you provide.
• The information may be used to manage and assess your enquiry.
• Relevant information may be disclosed to a participating provider in accordance with your consent.
• The participating provider will handle your information under its own privacy policy after disclosure.

If you do not provide information reasonably required for an enquiry, we may be unable to process or refer it.

Suspension, refusal and termination

ChooseNext may suspend, restrict or refuse your access to the website or referral service where reasonably necessary, including where:

• We reasonably suspect fraud, misuse or unlawful conduct.
• Information appears false, duplicated or materially misleading.
• Your conduct threatens the security or operation of the website.
• You abuse, threaten or harass ChooseNext personnel or participating providers.
• We are required to do so by law or a regulator.
• The service is no longer available for your category or location.

Sections intended to continue after termination—including intellectual property, privacy, liability, governing law and dispute provisions—continue to apply.

Changes to these Terms

We may update these Terms to reflect changes to our services, referral arrangements, technology, business operations or legal obligations.

The latest version will be published on this page with an updated effective date.

The version in effect when you submit an enquiry will ordinarily apply to that submission, together with any specific consent or collection notice shown at that time.

Your continued use of the website after updated Terms are published indicates acceptance of the updated Terms for future use.

Governing law and jurisdiction

These Terms are governed by the laws applying in Western Australia and the applicable laws of the Commonwealth of Australia.

Subject to any non-excludable right to bring a claim in another forum, the parties submit to the non-exclusive jurisdiction of the courts of Western Australia and courts entitled to hear appeals from them.

If part of these Terms is invalid, unlawful or unenforceable, that part will be read down to the minimum extent necessary or severed, and the remaining provisions will continue to operate.

A failure or delay by ChooseNext to exercise a right does not waive that right.

Questions, complaints and disputes

If you have a question or complaint about the ChooseNext website, an assessment, referral, consent process or handling of your enquiry, contact us so we can review the matter.

You may use our:

• Complaints process
• Consent-withdrawal process
• Privacy Policy

A complaint about personal credit assistance, a recommendation, application, lender decision or the conduct of a participating provider should generally also be directed to that provider.

The provider should give you information about its internal dispute resolution process and any applicable external dispute resolution scheme.

Contact ChooseNext