XIN Group Terms and Conditions

1. About These Terms

These Terms and Conditions (Terms) govern your access to and use of the website located at https://www.xin.com.au/, including any client portal, online forms, digital tools, calculators, documents, content, CRM interface and related online services made available through that website (Site).

The Site is owned or operated by XIN Group Pty Ltd ACN 697 905 034 (XIN Group, we, us or our).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Site.

2. Scope of These Terms

These Terms apply only to your access to and use of the Site.

These Terms do not, by themselves, create a client engagement with XIN Group or any other entity for the provision of credit assistance, mortgage broking, lending, financial services, financial advice, wealth management, tax, accounting, legal or other professional services.

If you request or receive services from a service provider, those services may be governed by separate terms, disclosure documents, credit guides, financial services guides, privacy consents, engagement documents or other client documents issued by the relevant service provider.

The Site may contain information about services offered by XIN Businesses. Unless expressly stated otherwise, XIN Businesses are separate legal entities and are responsible for the services they provide. XIN Group is not responsible for those services unless XIN Group is expressly identified as the service provider.

Nothing in these Terms should be read as stating or implying that any XIN Business is a subsidiary, franchisee, partner, agent or related body corporate of XIN Group, unless expressly stated.

3. Definitions

In these Terms, unless the context otherwise requires:

Account means an account, profile, login or portal access created through or in connection with the Site.

Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.

Content means all text, information, data, documents, images, graphics, trade marks, logos, audio, video, software, calculators, tools, forms, materials and other content made available on or through the Site.

Intellectual Property Rights means all intellectual property rights, including copyright, trade marks, business names, domain names, designs, patents, confidential information, know-how, trade secrets, databases, source code and similar rights anywhere in the world, whether registered or unregistered.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Privacy Policy means XIN Group's privacy policy available on the Site, as updated from time to time.

Site has the meaning given in clause 1.

Terms means these Terms and Conditions, as updated from time to time.

User, you or your means any person who accesses or uses the Site.

XIN Business means a business (and XIN Businesses means those businesses together) that is authorised to use the XIN brand or to access XIN Group's website, CRM, client portal or other shared systems under contractual arrangements with XIN Group. XIN Businesses are separate legal entities and are not subsidiaries, franchisees, partners, agents or related bodies corporate of XIN Group unless expressly stated.

XIN Group, we, us or our means XIN Group Pty Ltd ACN 697 905 034.

4. Interpretation

In these Terms, unless the context otherwise requires:

the singular includes the plural and vice versa;
headings are for convenience only and do not affect interpretation;
a reference to a person includes an individual, corporation, partnership, trust, association, government body or other legal entity;
a reference to legislation includes that legislation as amended, re-enacted or replaced;
the words including, includes and for example are not words of limitation;
a reference to $ is to Australian dollars;
a reference to time is to time in New South Wales; and
no provision is to be interpreted against a party merely because that party prepared or proposed the provision.

5. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms.

You must not:

use the Site in breach of any law or regulation;
use the Site for any fraudulent, misleading, deceptive, unlawful or improper purpose;
interfere with, disrupt or compromise the operation, security or integrity of the Site;
attempt to gain unauthorised access to the Site, any Account, CRM, database, server or system;
upload, transmit or introduce any virus, malware, harmful code or other malicious material;
scrape, data mine, crawl, copy, harvest or extract data from the Site without our prior written consent;
reverse engineer, decompile, modify or create derivative works from any part of the Site;
impersonate another person or misrepresent your identity or authority;
provide false, misleading, incomplete or inaccurate information through the Site;
use the Site in a way that infringes the rights of XIN Group or any third party; or
use the Site in any way that may damage the reputation, systems, business or operations of XIN Group.

6. Accounts, Client Portal and Login Details

If you create or are given access to an Account, client portal, CRM interface or other secure area of the Site, you are responsible for maintaining the confidentiality and security of your username, password and other login credentials.

You must:

keep your login details confidential;
not share your login details with any unauthorised person;
ensure that all information submitted through your Account is accurate, complete and current;
immediately notify us if you become aware of any unauthorised access, suspected compromise or misuse of your Account; and
comply with any additional account, portal or security requirements notified by us from time to time.

To the maximum extent permitted by law, we are not liable for any loss or damage arising from unauthorised access to your Account where that access was caused or contributed to by your failure to keep your login details secure.

7. Information Submitted Through the Site

If you submit information, documents, enquiries, forms or other materials through the Site, you warrant that:

the information is true, accurate, complete and not misleading;
you have authority to provide the information;
where the information relates to another person, you have authority to provide that person's information; and
the information does not infringe the rights of any person or breach any law.

You acknowledge that information submitted through the Site may be used to respond to your enquiry, create or manage your profile, facilitate access to the client portal, support website functionality, or refer your enquiry to a relevant service provider where appropriate.

8. Privacy

We collect, hold, use and disclose Personal Information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and applicable privacy laws.

By using the Site or submitting information through the Site, you acknowledge that your Personal Information may be collected and handled in accordance with the Privacy Policy.

The Privacy Policy explains how Personal Information may be shared with relevant service providers, XIN Businesses, technology providers and other third parties where necessary for website operation, client portal access, enquiries, referrals, administration, customer support, compliance and related purposes.

9. Website Content

The Content on the Site is provided for general information purposes only.

Although we take reasonable steps to ensure that Content is accurate and current, we do not warrant that the Content is complete, accurate, current, reliable or suitable for your particular circumstances.

Content on the Site may be changed, updated, removed or replaced at any time without notice.

You should not rely solely on the Site as the basis for making a financial, credit, investment, legal, tax, accounting or other professional decision.

10. No Personal Advice

Unless expressly stated otherwise, Content on the Site is general in nature and has not been prepared having regard to your personal objectives, financial situation or needs.

The Site does not, by itself, provide personal financial product advice, credit assistance, legal advice, tax advice or accounting advice.

Any regulated service, advice, recommendation or assistance will only be provided under separate arrangements with a properly authorised service provider and subject to applicable disclosure documents and client terms.

11. Calculators, Tools and Online Forms

The Site may include calculators, tools, forms, comparison features or other digital resources.

These resources are provided for general information and convenience only. Results produced by calculators or tools are estimates only and may be based on assumptions, information provided by you or third-party data.

We do not warrant that any calculator, tool or online result is accurate, complete, current or suitable for your circumstances.

Any result generated by a calculator, tool or online form is not an approval, offer, quote, recommendation or commitment by XIN Group or any third party.

12. Customer Rebate Claims

Some XIN Businesses may, at their own discretion, offer a rebate, referral incentive or similar reward (Rebate) to customers who refer another person to that XIN Business for services, where the referral results in a settled loan or other qualifying outcome. Rebates may be provided in the form of an electronic gift card (e-Gift Card) or other non-cash reward, as determined by the relevant XIN Business.

The Site may provide a form, tool or portal function through which you can submit a Rebate claim. XIN Group's role is limited to operating that claim function and providing administrative and settlement support to the relevant XIN Business; XIN Group does not itself offer, determine eligibility for, or fund any Rebate.

Any Rebate is offered and administered by the relevant XIN Business on the terms published by that XIN Business from time to time, including as to eligibility, form, amount and timing. The relevant XIN Business may vary, suspend or discontinue a Rebate at any time, and eligibility for, and the value of, any Rebate is at that XIN Business's absolute discretion.

To claim a Rebate, you must submit your claim using the form or process made available on the Site, including a valid and current email address to which any e-Gift Card or related notification will be sent. You are responsible for ensuring the email address and other information you provide is correct, and neither XIN Group nor the relevant XIN Business is liable for any loss arising from an incorrect, inactive or outdated email address, or from a Rebate being lost, delayed or misdirected as a result.

13. Broker and Introducer Commission Claims

The Site (including the client portal or CRM interface) may allow brokers, introducers and referral partners to submit claims for commission, referral fees, introducer fees or similar amounts (Commission Claims) in connection with services provided by a XIN Business.

XIN Group's role in respect of Commission Claims is limited to providing the claim form or portal function and administrative support, including calculation, reconciliation and settlement support, on behalf of the relevant XIN Business. Entitlement to, and the amount of, any commission, referral fee or introducer fee is determined by the relevant XIN Business, and is not determined by XIN Group.

If you submit a Commission Claim, you must ensure that your bank account details and other information provided are accurate, complete and current. You are solely responsible for any loss, delay or misdirected payment arising from incorrect, incomplete or outdated bank account details or other information you provide. Neither XIN Group nor the relevant XIN Business is liable for any such loss.

14. Third Party Information and Links

The Site may contain links to third party websites, platforms, products, services or information.

Third party links are provided for convenience only. We do not control and are not responsible for third party websites, content, security, privacy practices, products or services.

Unless expressly stated otherwise, a link to a third party website does not constitute endorsement, approval or recommendation by XIN Group.

Your use of third party websites may be subject to separate terms and privacy policies.

15. Intellectual Property

Unless otherwise indicated, XIN Group owns or licenses all Intellectual Property Rights in the Site and Content, including the XIN name, brand, logo, trade marks, website layout, design, text, graphics, documents, tools, software and other materials.

You must not copy, reproduce, modify, adapt, distribute, publish, transmit, display, commercialise or otherwise use any part of the Site or Content without our prior written consent, except to the extent permitted by law or expressly allowed by these Terms.

You may download or print a reasonable number of copies of Content for your personal, non-commercial use, provided that you do not remove any copyright, trade mark or proprietary notices.

No right, title or interest in the Site or Content is transferred to you by your use of the Site.

16. User Materials

If you upload, submit or provide any information, documents, comments, feedback, data or other materials through the Site (User Materials), you grant XIN Group a non-exclusive, royalty-free, worldwide licence to use, copy, store, process, transmit, adapt and disclose those User Materials to the extent reasonably necessary to:

operate, maintain and improve the Site;
manage your Account or profile;
respond to your enquiry;
facilitate referrals or communications with relevant service providers;
provide customer support and technical support;
comply with legal, regulatory, audit and compliance obligations; and
exercise our rights and perform our obligations under these Terms.

You warrant that you have all necessary rights and authority to provide the User Materials and grant the licence in this clause.

17. Website Availability and Security

We will use reasonable endeavours to maintain the availability, functionality and security of the Site.

However, we do not guarantee that the Site will be uninterrupted, error-free, secure or free from viruses, malware or other harmful components.

Access to the Site may be interrupted, restricted, suspended or unavailable due to maintenance, updates, system changes, technical issues, cyber incidents, telecommunications failures, third party service failures or circumstances beyond our reasonable control.

We may modify, suspend, restrict or discontinue any part of the Site at any time where reasonably necessary for operational, security, legal, compliance or business reasons.

18. Cookies and Analytics

The Site may use cookies, pixels, tags, analytics tools and similar technologies to support website functionality, maintain session security, improve user experience, monitor website performance and understand usage patterns.

You may disable cookies through your browser settings. However, some parts of the Site may not function properly if cookies are disabled.

Further information about how we collect and use information through the Site is set out in our Privacy Policy.

19. Suspension or Termination of Access

We may suspend, restrict or terminate your access to the Site or any Account if we reasonably believe that:

you have breached these Terms;
your Account has been compromised or misused;
suspension is necessary to protect the Site, our systems, other users or third parties;
you have provided false, misleading or inaccurate information;
continued access may expose XIN Group or any third party to legal, regulatory, security or operational risk; or
we are required or authorised to do so by law, a regulator or a service provider.

Suspension or termination of access does not affect any rights or obligations that accrued before suspension or termination.

20. Disclaimers

To the maximum extent permitted by law:

the Site and Content are provided on an “as is” and “as available” basis;
we do not warrant that the Site or Content will be uninterrupted, accurate, complete, current, secure or error-free;
we do not warrant that defects will be corrected or that the Site is free from viruses or harmful components;
we are not responsible for any decision made or action taken in reliance on the Site or Content;
we are not responsible for any third party website, service, platform, product, advice, representation or conduct; and
we are not responsible for services provided by any separate service provider unless XIN Group is expressly identified as the service provider.

21. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

Subject to the preceding paragraph and to the maximum extent permitted by law, XIN Group is not liable for any:

indirect, consequential, special or economic loss;
loss of profit, revenue, opportunity, goodwill, reputation, anticipated savings or business;
loss, corruption or unauthorised access to data;
interruption to business or system access;
loss arising from reliance on Content;
loss arising from third party websites, platforms, products, services or information; or
loss arising from events beyond our reasonable control.

To the maximum extent permitted by law, XIN Group's aggregate liability arising out of or in connection with these Terms or your use of the Site is limited to the greater of:

the amount paid by you to XIN Group for access to the Site in the 12 months before the claim arose; and
AUD $100.

22. Indemnity

You indemnify XIN Group against any liability, loss, damage, cost or expense suffered or incurred by XIN Group arising from or in connection with:

your breach of these Terms;
your unlawful, fraudulent or improper use of the Site;
information or materials you submit through the Site;
your infringement of any third party rights; or
your breach of any applicable law.

Your liability under this indemnity will be reduced to the extent that the liability, loss, damage, cost or expense was caused or contributed to by XIN Group's fraud, wilful misconduct, negligence or breach of law.

23. Complaints and Contact Details

If you have a complaint or enquiry about the Site, these Terms or the handling of your Personal Information, you may contact us using the details below.

XIN Group Client Service Team

Suite 502, 80 Mount Street

North Sydney NSW 2060

Australia

Telephone: 1800 896 817

Email: clientservice@xin.com.au

If your complaint relates to services provided by a separate service provider, your complaint may need to be handled under that service provider's complaints process and any applicable disclosure documents.

24. Notices

A notice under these Terms must be in writing and may be given by email, post or any other method we make available through the Site.

A notice sent to XIN Group must be sent to the contact details in clause 23, unless we notify you of different details.

A notice is taken to be received:

if delivered by hand, at the time of delivery;
if sent by prepaid post within Australia, on the third Business Day after posting;
if sent by prepaid post internationally, on the tenth Business Day after posting; and
if sent by email before 5.00 pm on a Business Day in the place of receipt, when sent, and otherwise on the next Business Day.

25. Changes to These Terms

We may amend these Terms from time to time by publishing an updated version on the Site.

The updated Terms will apply from the date they are published or from any later date stated in the updated Terms.

Your continued use of the Site after the updated Terms are published constitutes acceptance of the updated Terms.

If you do not agree with the updated Terms, you must stop using the Site.

26. Assignment

You must not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, subcontract or otherwise deal with our rights or obligations under these Terms where reasonably necessary for business, operational, legal, restructuring, asset transfer, technology, hosting or compliance purposes.

27. Force Majeure

We are not liable for any failure or delay in performing an obligation under these Terms to the extent the failure or delay is caused by an event or circumstance beyond our reasonable control.

This may include natural disasters, fire, flood, storm, epidemic, pandemic, war, terrorism, riot, civil unrest, industrial action, government action, power failure, telecommunications failure, cyber incident, technology failure or failure of a third party service provider.

28. Severance

If any provision of these Terms is void, invalid, illegal or unenforceable, that provision must be read down to the extent necessary to make it valid and enforceable.

If it cannot be read down, it is severed from these Terms without affecting the validity or enforceability of the remaining provisions.

29. Waiver

A failure or delay by XIN Group in exercising a right under these Terms does not constitute a waiver of that right.

A waiver must be in writing and is effective only to the extent expressly stated.

30. Entire Agreement

These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, contain the entire agreement between you and XIN Group in relation to your use of the Site.

They supersede any prior communications, representations or understandings concerning your use of the Site, except to the extent otherwise required by law.

31. Governing Law and Jurisdiction

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 and any courts entitled to hear appeals from those courts.