Terms & Conditions
Chat With Coralie, W & W Consultants Pty Ltd ABN 51 606 617 921 (“Chat With Coralie”, “we”, “our” or “us”) operates an online website for property and finance ecourses at www.ChatWithCoralie.com.au (“Platform”), including any mobile application operating in conjunction with the Platform.
These terms and conditions (“Terms”) are between Chat With Coralie and any person that accesses or uses the Platform or the Services described in clause 1 (“Member”, “you” or “your”). These Terms are a separate agreement and are in addition to any other agreements you may have with us.
Chat With Coralie may amend or modify these Terms at any time and will post any updated Terms, and a notice of such change, on the Platform.
1. SCOPE OF CHAT WITH CORALIE SERVICES
1.1 Chat With Coralie provides a Platform whereby:
People seeking information on property and financial assistance can sign up to an eCourse on the Platform
Chat With Coralie provides information via these eCourses as general information to people seeking that information
Chat With Coralie can refer to financial service providers, such as brokers and financial institutions (“Providers”), who can respond to requests agreed by Members by way of financial assistance, or credit loans[GW1]
d) People seeking financial assistance loans or credit (“Members”) can post details and criteria of the financial credit they are seeking on the Platform (“Posts”).
e) The Member may enter into a separate contract with the Provider (“Credit Contract”), (the “Services”).
1.2 A reference to a “Member” in these Terms includes Members and Providers.
1.3 A Member who is a Member can access and use the Services by validly completing a registration form and agreeing to have a financial services or mortgage broker assess their credit eligibility.
1.4 A Member who is Provider must also accept the separate terms applicable to Providers in order to use the Services at the time of validly completing a registration form and creating an account with us on the Platform or by executing an agreement with us (“Provider Agreement”). The Provider Agreement does not in any way limit a Provider’s obligations as a Member under these Terms when accessing or using the Platform or Services, however if there are any inconsistencies between these Terms and the Provider Agreement, then the Provider Agreement will prevail.
1.5 The Services may be reviewed and updated from time to time. The Services may be further described on the Platform and in the Provider Agreement (for Members of the Services who are Providers).
1.6 Chat With Coralie provides the Services enabling Members to connect with Providers only. The Services provided by Chat With Coralie do not include the provision of any form of financial services, products, advice or assistance (such as credit, credit services, credit assistance, credit activity or any other form of credit contract) or other form of professional advice, by Chat With Coralie itself.
1.7 Any contract, such as that for the provision of credit, credit services, credit assistance, credit activity or any other form of credit contract, entered into between Members (“Credit Contract”) forms a separate agreement between such Members, and such Members remain responsible for fulfilling their obligations under a Credit Contract, not Chat With Coralie.
1.8 Chat With Coralie accepts no responsibility or liability to you or any third party (including another Member) for any aspect of interaction between Members (whether via the Platform or outside of the Platform), including any Posts, Bids, Leads, Successful Leads or any form of communication, engagement, transaction, information or other material, such as requests, details, criteria, product or service details, offers, statements, representations, rates, securities, reports, analyses, data, advice, recommendations, investments, terms and conditions, product disclosure statements, key fact sheets, Credit Contracts or personal information, provided by Members (“Member Supplied Information”). Accordingly, you agree that:
a) any such interaction between a Member and Provider is directly between such Members;
b) all Member Supplied Information is supplied by the relevant Member and Chat With Coralie does not warrant the truth, adequacy, accuracy, suitability or completeness of any aspect of Member Supplied Information; and
c) Chat With Coralie has no obligation to assist or involve itself in any way in any such interaction between Members, including any disputes between Members.
1.9 The Services are prepared on a general basis, which may not be appropriate or meet a Member’s specific purposes, circumstances, requirements or expectations, including that relating to quality of any products, services, communication, information, engagement, transaction or other material obtained in your use of the Services. Chat With Coralie does not warrant, recommend or endorse any of its Members, including a Provider’s skills, expertise or ability to provide its goods or services or the Member’s ability to re-pay any credit requested[GW2] . It is your responsibility to assess the suitability and appropriateness of your use of the Services, including for your specific purposes, and make all enquiries, arrangements or verifications in relation to your use of the Services, your interaction, communication and engagement with other Members, with respect to any Member Supplied Information or a Credit Contract and obtain your own financial, investment or other professional advice.
1.10 You acknowledge that the Platform, and the Services, are provided over the internet and Chat With Coralie does not warrant that the Platform, and the Services, will operate uninterrupted or error free, however Chat With Coralie will use reasonable commercial efforts to enable you to use the Platform, and the Services, in accordance with these terms and to protect the security and integrity of the Platform and the Services.
1.11 You may contact Chat With Coralie at any time during the support hours specified on the Platform to request support with any aspect of your use of the Services. Chat With Coralie will make reasonable commercial efforts to resolve such support requests within a reasonable time. If the support is in relation to your account, Chat With Coralie only provides assistance and support contemplated under this clause to the nominated Member name for the account.
1.12 Chat With Coralie will ensure it complies with applicable law and is authorised to provide the Services, including holding and maintaining all qualifications, registrations, certificates, licences, authorisations, permits, admissions, insurances, bonds, guarantees, undertakings and the like required by applicable law in order to carry on its business and provide the Services.
1.13 From time to time, Chat With Coralie may enter into agreements with business partners (“Business Partners”) to enable Business Partners to acquire aspects or functions of the Platform, such as engaging with Members on the Platform.
2. PAYMENT AND COMMISSION
2.1 Access and use of the Platform or to create an account if the Member is free, however there may be a charge for individual eCourses selected by the Member themselves.
2.2 A Member will enter their details via an online form on the website and must pay Chat With Coralie the fees as set out in the Provider Agreement.
2.3 You acknowledge that Chat With Coralie may receive a referral commission from Providers. Chat With Coralie may share such commission paid to it with others without disclosing such arrangements to Members.
2.4 Any payments, fees or charges payable by you to another Member, such as for their services or products under a Credit Contract, remains the responsibility of such Members and Chat With Coralie has no responsibility or liability whatsoever in relation to any payments, fees or charges payable by you to another Member.
3. MEMBERS’ OBLIGATIONS
3.1 You must:
(b) have the power to enter into and observe your obligations under these Terms, including entering into a Credit Contract;
(c) only post accurate information on the Platform;
(d) promptly and efficiently perform all your obligations under a Credit Contract and to Chat With Coralie under these Terms;
(e) remain responsible for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services or equipment needed to use the Platform or the Services;
(f) remain responsible for the provision, maintenance, truth, accuracy, relevance, suitability, completeness and quality of any Member Content and personal information provided by you when using the Services, including when communicating or engaging with other Members;
(g) co-operate with Chat With Coralie in any monitoring of the Platform, Services or activities of Members such as to ensure compliance with the obligations under these Terms and applicable law, including if necessary, the auditing of such obligations; and
3.2 You must not:
(a) distribute, rent, loan, lease, sell, sublicense, transfer or otherwise exploit all or part of the Platform or Services, or any rights granted under these Terms, including any Chat With Coralie Content or Member Content, to any other person;
(b) modify, translate, adapt, arrange, or create any adaptation or modification to the Platform or Services, including any Chat With Coralie or Member Content, for any purpose;
(c) copy any content (whether provided by Chat With Coralie, another Member or a third party, including Chat With Coralie Content or Member Content) on the Platform without our prior written permission;
(d) promote itself as an agent of Chat With Coralie in any manner or make any promise or representation on Chat With Coralie’s behalf;
(e) engage in any conduct that is fraudulent, misleading, deceptive, unfair, unconscionable or unlawful; or
(f) use the Platform or Services for any illegal or immoral purpose.
3.3 You acknowledge and agree that when you enter into a Credit Contract you create a legally binding contract with another Company (unless the transaction is prohibited by law or these Terms). If you have entered a Credit Contract you must comply with the terms of that Credit Contract including providing the goods or services or paying the price as applicable. If you do not comply with your obligations to the Credit Contract, you may become liable to that other Company direct. If that Company breaches any obligation to you, you – not Chat With Coralie – are responsible for enforcing any rights that you may have with that Company.
5. YOUR ACCOUNT
5.1 To create and account and use the Services you must be able to form legally binding contracts under applicable law. The Services are not available to persons under 18 years of age. If you do not qualify to use the Services, you must not use the Services.
5.2 You must maintain control of, and remain responsible for, all activity occurring under your account. You must not deal with your account (including any associated Member ID, login or passwords) in any way, including selling the account or any of its content to another person, and you must prevent any unauthorized access to, or use of, your account or the Services. You must notify Chat With Coralie promptly of any unauthorized access or use.
5.3 At its absolute discretion, Chat With Coralie may refuse to allow any person to register or create an account on the Platform or cancel or suspend any existing account without liability to you or any third party.
6. Access, Use and Security of the Platform and Services
6.1 In accessing and using the Platform or the Services, Members must not (and must not permit or direct any other third party to):
(a) post any information that is, in any way whatsoever, potentially or actually harmful to Chat With Coralie or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by Chat With Coralie or any other person;
(b) submit any infringing, obscene, defamatory, libelous, threatening, harassing, false, misleading, deceptive, fraudulent or otherwise unlawful or tortious material, including material that violates or infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy rights;
(c) interfere with or disrupt the integrity or performance of the Services, Platform or the data contained therein;
(d) attempt to gain access to the Services, the Platform or related systems or networks in a manner not permitted by these Terms;
(e) post, transmit or otherwise make available through or in connection with the Services or Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs;
(f) restrict or inhibit any other person or entity from using the Services or the Platform;
(g) remove any copyright, trademark or other Intellectual Property Rights or proprietary rights from the Services or the Platform;
(h) reverse engineer, decompile, dissemble, frame or mirror any portion of the Services or the Platform, or otherwise incorporate any portion of the Services or the Platform into any product or service;
(i) systematically download and store the Services or the Platform content, including copying and using any Chat With Coralie Content or Member Content, such as ratings, feedback or reviews relating to a Member for its own purposes;
(j) imply any affiliation or endorsement of you, or any organization, by Chat With Coralie except with our express written consent;
(k) operate the Services as a bureau service;
(l) pretend that you are or represent someone else, or impersonate another person; or
(m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather the Services content or data, or reproduce or circumvent the navigational structure or presentation of the Services or the Platform.
7. Ownership and Intellectual Property Rights
7.1 Subject to clause 7.3, Chat With Coralie owns or retains all right, title and interest in any content created (or which otherwise comes into existence) by Chat With Coralie or by a third party (including all developments, modifications or enhancements to such content) in connection with, or appearing on or within, the Services or the Platform, including any data and aggregated data (other than Member Content but may be data created in relation to Member Content and the use of the Platform or the Services by a Member), business names, trade-marks, logos, images, product and/or service descriptions, names, information, and all intellectual property rights therein (collectively, “Chat With Coralie Content”).
7.2 The Member must not display or use any Chat With Coralie Content without Chat With Coralie’s express prior written permission. Chat With Coralie grants to Members a revocable, non-transferable and non-exclusive license to use Chat With Coralie Content for the purpose of using the Platform or the Services in accordance with this Agreement.
7.3 The Member owns or retains all right, title and interest in any content (whether created by the Member or a third party) that is supplied by, or on behalf of, the Member when using the Services, including any Member Supplied Information, business names, trade-marks, logos, images and all Intellectual Property Rights therein (collectively, “Member Content”).
7.4 The Member grants to Chat With Coralie, its affiliates, employees and contractors an unrestricted, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, modify, copy, adapt, distribute or incorporate its Member Content for any purpose, including marketing purposes, in connection with providing the Platform and Services under these Terms.
7.5 You acknowledge and agree that all Member Content is supplied by the relevant Member. Chat With Coralie does not have any responsibility to review, approve or verify any Member Content, nor do we make any warranty or representation in relation to Member Content. However Chat With Coralie reserves the right to remove, in its sole discretion, any Member Content you have submitted on the Platform, or when using the Services, for any reason without liability to you or any third party.
8. THIRD PARTY SERVICES
8.1 Chat With Coralie, or other Members such as Providers, may from time to time include on the Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by Chat With Coralie.
8.2 Third Party Services are offered to you pursuant to terms and conditions offered by the third party, including any fees applicable to such Third Party Services. Third Party Services may be promoted on the Platform as a convenience to our Members who may find the Third Party Services of interest or of use.
8.3 If you engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider.
8.4 Chat With Coralie makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, please let us know of any issue that you experience using a Third-Party Service by contacting us via the contact details set out on the Platform.
9. VERIFICATION TOOLS AND FEEDBACK
9.1 The Services may include tools to help Members verify the identity, qualifications, certifications, information or skills of other Members (“Verification Tools”). Verification Tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a Member of the Services to post a reference on the Platform endorsing another Member, such as Provider), integration with social networking sites such as Facebook, Instagram and Linked In and other icons or badges displayed in association with a Member. The verification Tools may be modified at any time.
9.2 You acknowledge and agree that the Verification Tools may not be fully accurate as verification Tools are dependent on Member-supplied information and/or information or provided by third parties. Accordingly, Members are solely responsible for identity verification and Chat With Coralie accepts no responsibility for any use that is made of any Verification Tools.
9.3 The Platform may also include a Member-initiated feedback system to help evaluate Member(s).
9.4 Chat With Coralie retains the discretion and/or right to remove without notice or liability to you or any third party any form of verification or feedback if the Member to whom the verification or feedback relates is in breach of any of these Terms or applicable law, or such verification or feedback has been issued or obtained incorrectly, falsely, has expired, is no longer valid or for any other reason requiring its removal by Chat With Coralie.
10. LIMITATION OF LIABILITY
10.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth) and any other applicable legislation or rules of any jurisdiction, the exclusion of which from a contract would contravene any statute or cause any part of these Terms to be void (“Non-excludable Rights”), to the extent permitted by law Chat With Coralie specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with your use of the Platform or Services, including any Member Content, Credit Contracts, Third Party Services or any other form of interaction, communication, engagement or dispute with other Members.
10.2 Except for liability in relation to any Non-excludable Rights, the Platform and the Services are provided on an “as is” basis, and without any warranty or condition, express or implied, including those regarding title, merchantability, fitness for a particular purpose, non-infringement or that the use and operation of the Platform or the Services, including any Member Content, will be transmitted in uncorrupted form or within a reasonable amount of time, to the extent allowed by law.
10.3 Except for liability in relation to a breach of any Non-excludable Rights, Chat With Coralie’s maximum aggregate liability to any Member for a breach of this agreement arising out of or in respect of any use of the Platform or Services is limited to the total amount of AUD $50, or the total cost of the product purchased, whichever is the lesser amount.
10.4 For liability in relation to breach of any Non-Excludable Rights, to the extent permitted by applicable law, Chat With Coralie’s liability is limited, at its option, to the cost of repairing or replacing any defective goods or services, or supplying again or paying the cost of having supplied again any defective goods or services.
10.5 You indemnify Chat With Coralie and its directors, officers, employees, contractors and agents from and against all losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable legal costs) arising as a result of (i) any wilful, unlawful or negligent act or omission by you (ii) any claim by any third party, including another Member, arising out of or in any way connected with your use of the Services, the Platform or due to breach of the your obligations under these Terms or applicable law; (iii) your Member Content; (iv) the Credit Contract; or (v) any disputes you have with other Members.
12. MODIFICATIONS TO THE AGREEMENT
13. NO AGENCY
13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms. In particular you have no authority to bind Chat With Coralie, its related entities or affiliates in any way whatsoever.
14.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Chat With Coralie’s contact address as displayed on the Platform, or to a Members’ contact address as provided at registration. Any notice shall be deemed given:
(a) hand delivered, on delivery;
(b) sent by prepaid post, (seven) 7 days after the date of posting (unless an earlier date of receipt is acknowledged by the addressee);
(c) sent by email, when the sender’s email system generates or receives a message confirming receipt of (but not opening of) the email notice unless, within 24 hours after that transmission, the recipient informs the sender that it has been unable to read the entire notice; or
(d) via the Platform.
15. MEDIATION AND DISPUTE RESOLUTION
15.1 Chat With Coralie encourages you to try and resolve disputes with another Member directly. However, you acknowledge and agree that Chat With Coralie may, in its absolute discretion, provide such of your information as it decides is suitable, to another Member involved in a dispute with you.
15.2 If Chat With Coralie provides information of another Member to you for the purposes of resolving a dispute under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Chat With Coralie against any claims relating to any other use of information not permitted under these Terms.
15.3 If you have a complaint about the Services please contact us here.
16.1 Unless otherwise agreed with us (such as in a Provider Agreement), Chat With Coralie may terminate or suspend your use of the Services, your account, and these Terms at any time for any reason.
16.2 Unless otherwise agreed with us (such as in a Provider Agreement) you may terminate your use of the Services, your account, and these Terms at any time for any reason. If you terminate under this clause, then you must stop using the Platform and the Services.
16.3 Unless otherwise agreed with us or stated in these Terms, Chat With Coralie is not liable for any damages, liabilities, losses (including loss of Member Content) that a Member or any other third party (including another Member that you engage with) may incur, as a result of any termination or suspension of your use of the Services or your account under these Terms.
16.4 Termination of these Terms does not affect any Credit Contract that has been formed between you and another Member.
16.5 Clauses 7 (Ownership and Intellectual Property Rights), 10 (Limitation of Liability), and 15 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of these Terms.
17.1 This Agreement is governed by the laws of New South Wales, Australia. You and Chat With Coralie submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
17.2 These Terms are severable, and if any provision of these Terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
17.3 These Terms may be assigned or novated by Chat With Coralie to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms.
17.4 If a dispute arises under the Appropriate [GW4] Terms, the parties will attempt to resolve the dispute in good faith, prior to commencing any form of litigation or legal proceedings. During the continuance of any dispute, each party must continue to perform its obligations under the Appropriate Terms.
17.5 Members are not our employees, contractors or agents and these Terms are not intended to create a partnership, joint venture, agency relationship or any other affiliation or association between the parties.
17.6 These Terms sets out the entire understanding and agreement between you and Chat With Coralie with respect to its subject matter.
What if you are not happy with our services?
At Chat With Coralie we always work hard to build strong and lasting relationships with our valued customers. By listening to your feedback, not only can we address any immediate concerns you may have, we will also continually improve our products and services.
We know there are times when you may wish to compliment us on something we have done well and other times when you may wish to tell us we have not met your expectations.
If, for any reason, you do not feel that you have received the highest standard of care from us, we encourage you to share this with us. We have developed a process that we believe makes it easy for you to tell us of your concerns and for them to be addressed quickly and fairly.
You can contact us by whichever of the following means best suits you:
Chat With Coralie
111 Pacific Highway
North Sydney NSW 2060
If you choose to contact us by mail or email, please make sure you provide as much detail as possible about your complaint. We will try to deal with your complaint on the spot. However, if this is not possible, we will write to you to acknowledge your complaint within five (5) days. We will ensure we treat you fairly and will work to resolve your complaint as soon as possible. In the rare event we are still investigating your complaint after 45 days we will write to you to explain why and to let you know when we expect to have completed our investigation. When we have completed our investigation, we will write to let you know the outcome and the reasons for our decision.
Taking it further
We hope that you will be satisfied with how we deal with your complaint. However, if your concerns remain unresolved, or you have not heard from us within 45 days, then you can have your complaint heard by our NSW government trading body.
You can contact NSW Fair Trading at:
NSW Fair Trading
PO Box 972