1. By proceeding with registration, and Your continued use of the Pup Platform proceeding with registration, you accept these Terms unconditionally.
2. Our Agreement to entering into these Terms with you is evidenced by Our permitting You to use the Pup Platform once You accept these Terms.
3. In consideration for your payment of the Fees, We grant You a Licence to use the Pup Platform subject to and in accordance with these Terms.
4. The amount of the Fees, and how We will collect them from You, is set out on our website www.houndgroup.io. That information forms part of these Terms. A link to the website information is here.
5. Unless otherwise expressly stated, all Fees and prices or other sums payable for consideration to be provided under these Terms are exclusive of Goods and Services Tax (GST).
6. We may increase the Fees from time to time. We will provide no less than 60 days’ notice of the increase.
7. You agree that:
(a) any and all access and use of the Pup Platform by You shall be in accordance with:
(i) these Terms; and
(ii) any notices displayed on the App or Website, App or Pup Platform interface from time to time.
(b) We may revise, replace or amend these Terms from time to time, and we will notify You of any such revision, replacement or amendment.
(c) You will use Your best endeavours to ensure that:
(i) any unauthorised access or use of the Pup Platform is immediately notified to us;
(ii) all reasonably necessary or desirable security measures, procedures or systems are implemented and maintained by You to enable You to comply with Your obligations under these Terms;
(iii) You shall not knowingly allow any other person to access or use the Pup Platform unless that person is using the service on Your behalf, or is an Authorised User;
(iv) You shall provide Us or Our representative with any assistance reasonably necessary or desirable to enable to locate and stop any person accessing or using the Pup Platform, by means of any computer system, network or internet portal that is owned, operated or controlled by or on Your behalf, in a manner that is in breach of or is inconsistent with these Terms;
(v) You shall not enter into any Terms that allows any person to access or use the Pup Platform in breach of these Terms or in a manner that is inconsistent with these Terms; and
(vi) You shall not assign or sub-license any licence granted under these Terms.
8. If, for any reason whatsoever, payment of the Fees is not received in full and in cleared funds by us when due, We shall be entitled to terminate, suspend, revoke or cancel the Licence forthwith.
9. You agree and attest that at all times:
(a) You are a Mortgage Broker appropriately licenced under the terms of the National Consumer Credit Protection Act 2009; and
(b) You qualify as a Trusted Adviser as defined in the Competition and Consumer (Consumer Data Right) Rules 2020.
10. You agree that, under the Competition and Consumer (Consumer Data Right) Rules 2020, Hound may act as your legal agent for the purposes of collecting CDR data on Your behalf under a valid Trusted Adviser disclosure consent given by a specific CDR consumer. The valid Trusted Adviser disclosure consent given by a specific CDR consumer must acknowledge that Hound is the entity collecting and storing the CDR data received from Adatree Pty Limited on your behalf as a Trusted Adviser.
11. You agree that You will notify Hound within 7 days if you no longer qualify as a Trusted Advisor.
12. You agree that:
(a) the Login is required to access the Pup Platform and other sections of the App or Website;
(b) You shall not access the Pup Platform without having first:
(i) been issued the Login; and
(ii) paid, arranged to pay or having had paid on Your behalf, the correct Fees (if any) and charges that We specify for Your access to the Pup Platform;
(c) the Login is non-transferable;
(d) You shall not disclose the Login to any other person;
(e) You shall keep the details of the Login safe and confidential;
(f) You accept all liability for any activities whatsoever conducted using the Login that is issued to You; and
(g) You shall not use a Login that has been issued by us to some other person.
13. You agree that Hound may, from time to time and at our sole discretion:
(a) revoke, vary, suspend or cancel the Login;
(b) carry out maintenance or other work on the App or Website that may limit or deny access to You; or
(c) limit or deny access to the App or Website, or part of the App or Website, for any reason.
14. You must not use the App or Website, or post any material on the App or Website, that causes or is likely to cause the Pup Platform, App or Website or access to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and contents sent from Your computer to us. You must only use the Pup Platform, App or Website for lawful purposes and must not use the Pup Platform, App or Website for any of the following:
(a) Fraudulent purposes in connection with any criminal offence or any other unlawful activity; or
(b) To send, post, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster);
(c) in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties, or
(d) which consists of or contains:
(i) viruses or other malware;
(ii) political campaigning material;
(iii) financial or personal advice or recommendation, or
(iv) any form of spam.
15. In the case of technical problems, You must make all reasonable efforts to investigate and diagnose the problem before contacting Us. If You still require assistance please check the online support service on the App or Website, or failing that email Us at [email protected].
16. You acknowledge and agree that any and all Intellectual Property Rights, title and interest arising from or in relation to the Pup Platform remains with or vests in Us.
17. We will not be liable to You for any direct, indirect, incidental, special or consequential losses or damages including, without limitation, loss of profits, loss of goodwill, data or loss of opportunity if any other person or entity copies Your designs, content, intellectual property, Website, business processes, programs, or technologies. You agree that any claim by You must be made against the person or entity You allege to be infringing Your rights and not against Hound, its officers, subcontractors or assigns.
18. If You are invited to post comments on the App or Website You may do so. If You think that a comment that has been posted is illegal, offensive, abusive, indecent, defamatory, obscene, menacing, discriminatory, pornographic, misleading or deceptive (as to its subject matter or the identity of its author or poster) or in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or consists of or contains Pup Platform viruses, political campaigning, commercial solicitation, commercial or personal advertising, financial or personal advice or recommendation, or any form of spam, please email us with a link to the comment or a copy of it and Your reason for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action but will not necessarily contact or consult You about our decision. Our decision is final.
19. You acknowledge and agree that:
(a) You are responsible for acts or omissions of any Authorised User of the Pup Platform, Works or services and for any breach of these Terms by an Authorised User.
(b) We do not give any warranties that decisions made by You using the Pup Platform are correct or correct for Your business. You are wholly and fully responsible for the consequences of any decision You make after using the Pup Platform.
(c) The App or Website is provided on an “as available” basis. You agree that the App or Website may be interrupted for maintenance and repairs, or for any other reason and that access to any Works or Pup Platform cannot be guaranteed. We will endeavour to provide sufficient notice to You of any planned outages and We will keep You updated in respect to any unexpected outages.
20. To the fullest extent permitted by law, We disclaim any and all express or implied warranties, guarantees or representations regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Pup Platform, the App or Website or the Works or on any external App or Websites that may be referred to on the App or Website; and
(b) the merchantability, reliability or fitness for any particular purpose for any service or product contained or referred to on the Pup Platform, the App or Website or the Works or on any external App or Websites that may be referred to on the App or Website.
21. You acknowledge and agree that We do not warrant, guarantee or make any representation that:
(a) the Pup Platform, the App or Website, or the server that makes the App or Website available are free of software viruses;
(b) the functions contained in any software contained on the Pup Platform, the App or Website or the Works will operate uninterrupted or are error-free; or that
(c) errors and defects in the Pup Platform, the App or Website or the Works will be corrected.
22. You agree to release and indemnify, defend and hold Us, our directors, officers, employees and agents, harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any claim or legal action taken against You or Us related to or in any way connected with any breach by You of these Terms or any breach by You of the general law, including but not limited to tortious and statutory liability. This indemnity shall survive the termination of these Terms.
23. You and We agree to comply with all material obligations under the Privacy Act 1988 (Cth) and have not, and will not, use or disclose or input personal information otherwise than in strict accordance with that Act.
24. You agree that We may collect and disclose personal information that You provide to Us to suppliers and providers necessary for Us to provide the Pup Platform to You.
25. You agree that We may collect, use and disclose the personal information that You provide to Us for the following purposes:
(a) to enable Us to perform Our obligations under these Terms;
(b) to recover any money owing to Us; and
(c) to be accessed and analysed to enhance and facilitate improved services to You by Us, or for Us to develop other services. Such disclosures will be done with de-identified information.
26. Any personal information, including personal financial information, that relates to You and is collected, used or disclosed by Us will only be collected, used or disclosed in accordance with:
(a) these Terms or the General Terms and Conditions of Access and Use; and
and in compliance with the requirements of the Privacy Act 1988 (Cth) or international equivalent.
27. We may deactivate, remove or suspend Your use of the Pup Platform and Your account generally if You breach, or We suspect You may have breached any term of these Terms.
28. We may immediately terminate these Terms and the Licence if:
(a) You fail or refuse to make, or We do not receive in full, cleared funds, any payment of the Fees or any part of the Fees; or
(b) You breach any term or condition of these Terms and fail to remedy such breach to Our satisfaction within seven (7) days of notification from Us.
29. Either party may terminate these Terms and the Licence for any reason by providing no less than 28 days’ notice to the other party.
30. On termination of these Terms and/or the Licence:
(a) You must not access or attempt to access the Pup Platform or the App or Website; and
(b) We may immediately deny You access to the Pup Platform or any other part of the App or Website, at Our sole discretion.
31. Any termination of the Terms or the Licence shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of these Terms, which is expressly or by implication intended to continue in force after such termination.
32. All notices, consents, approvals, demands and other instruments required or permitted to be served under these Terms must, unless otherwise in these Terms expressly provided, be in writing, signed by or on behalf of the party serving the same or by that party’s solicitor and may be served upon the party at the address below, or such alternate address as notified by one party to the other:
(a) Our Address:
Hound Group Pty Limited
Email Address: [email protected]
(b) Your Address:
Email Address: The address in Your user profile.
33. The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by these Terms does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms.
34. If any provision of these Terms is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
35. If any party to these Terms consists of more than one person then the liability of those persons in all respects under these Terms is a joint liability of all those persons and a separate liability of each of those persons. If any covenant or Terms given by any party to these Terms is given jointly with any one or more other parties to these Terms then such covenant or Terms shall also be a separate obligation of each party.
36. These Terms are governed by, and are to be construed in accordance with, the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
37. Nothing in these Terms will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.
(a) Authorised User means a director, employee, officer, broker, intermediary or agent of You.
(b) Business Day means any day which is not Saturday, Sunday or a public holiday.
(c) CDR consumer has the meaning given in section 56AI(3) of the Competition and Consumer Act 2010.
(d) CDR data has the meaning given in section 56AI(1) of the Competition and Consumer Act 2010.
(e) Intellectual Property Rights means any intellectual property and industrial property rights throughout the world including but not limited to rights in respect of or in connection with any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, circuit layouts whether or not now existing and whether or not registered or registrable, Pup Platform, business processes, programs, technologies and any right to apply for the registration of such rights.
(f) Licence means non-exclusive use of the Pup Platform subject to and in accordance with these Terms.
(g) Login means a unique username and password, or other method of access to access the Pup Platform.
(h) Pup Platform means the software designed, developed, owned and operated by Us for brokers that enables them to maintain up-to-date loan, financial and personal data for their customers, in such a way that on an ongoing basis the proprietary prioritisation engine is able to identify, and prompt the broker to act on, loans available from lenders across the market that the customer could then qualify for that would meet the customer’s current circumstances and preferences in accordance with Best Interest Duty, and then allows them to arrange the new loans for those customers using that data so as to simplify and speed up the process for the broker.
(i) Terms means these Terms and Conditions and includes the descriptions of parties, recitals, schedules and annexures to the Terms.
(j) Trusted Adviser has the meaning given in the Competition and Consumer (Consumer Data Right) Rules 2020.
(k) We, Our and Us means Hound Group Pty Limited;
(l) Website and App means any method by which You electronically access the Pup Platform;
(m) You, Your and You means You and Your Related Entities and Related Bodies Corporate and includes the person who pays the Fees and the person responsible for using the service on Your behalf..