Terms of Service

1. Agreement to Terms

By accessing or using Ratey ("the Service"), operated by Ratey Pty Ltd (ABN to be registered) at ratey.com.au, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you and Ratey. They apply to all users of the Service, including users of the website at ratey.com.au, the Ratey mobile application available on iOS and Android, and any related services, features, or content.

We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Description of Service

Ratey is a property wealth tracking and personal finance management tool designed for Australian property owners. The Service provides:

• Property portfolio tracking and management
• Estimated property valuations based on third-party data
• Mortgage and loan tracking (balance, interest rate, repayments)
• Net worth calculations and tracking
• Equity calculations and projections
• Indicative borrowing capacity estimates
• Interest rate comparisons and market information
• Investment property analysis (rental yield, expenses)
• Financial position comparisons with demographic benchmarks

The Service is a self-service tool that relies on information you provide. We do not verify the accuracy of information you enter, and all outputs are dependent on the accuracy of your inputs.

3. Important Disclaimers — No Financial Advice

3.2 Not a Financial Services Provider

Ratey is not:

• A mortgage broker or credit representative
• A credit provider or lender
• A financial adviser or financial planner
• A financial services licensee
• A credit licensee
• A real estate agent or property valuer
• A tax agent or accountant

We do not hold an Australian Financial Services Licence (AFSL) under the Corporations Act 2001 (Cth), an Australian Credit Licence (ACL) under the National Consumer Credit Protection Act 2009 (Cth), or any other professional licence required to provide financial, credit, tax, or legal advice.

3.3 No Personal Advice

The Service does not take into account your individual objectives, financial situation, or needs. Any information, calculations, or estimates provided:

• Are generic in nature and not tailored to your personal circumstances
• Should not be relied upon for making financial, investment, or property decisions
• Do not consider your complete financial picture, risk tolerance, or goals
• May not be suitable for your individual circumstances

3.4 Seek Professional Advice

Before making any financial decisions, you should seek independent professional advice from appropriately qualified and licensed professionals, including:

• Financial Adviser: For investment advice, superannuation, insurance, and financial planning (must hold an AFSL or be an authorised representative)
• Mortgage Broker: For home loan advice, refinancing, and credit products (must hold an ACL or be a credit representative)
• Accountant or Tax Agent: For tax advice, deductions, and tax planning (must be registered with the Tax Practitioners Board)
• Solicitor or Conveyancer: For legal advice, property contracts, and conveyancing
• Property Valuer: For accurate, certified property valuations (must be a Certified Practising Valuer)

4. Property Valuations Disclaimer

Property valuations displayed in Ratey are estimates only and are provided for general informational purposes. You acknowledge and agree that:

• Valuations are derived from third-party automated valuation models (AVMs) and publicly available data
• Valuations are not certified property valuations and should not be treated as such
• Valuations may be inaccurate, outdated, or significantly different from actual market value
• Valuations do not account for property condition, renovations, unique features, or local market nuances
• Valuations should not be used for purchasing, selling, refinancing, or any financial decision-making
• Banks, lenders, and other institutions will not accept these valuations for lending purposes
• Actual property values can only be determined by a licensed, certified property valuer or through a market sale

If you require an accurate property valuation, you must engage a Certified Practising Valuer (CPV) who is a member of the Australian Property Institute (API).

5. Borrowing Capacity Calculator Disclaimer

The borrowing capacity estimates provided by Ratey are indicative only and are provided for general informational purposes. You acknowledge and agree that:

• Estimates are based on simplified calculations and general assumptions
• Estimates do not represent an offer, pre-approval, or guarantee of credit from any lender
• Actual borrowing capacity varies significantly between lenders based on their individual credit policies, serviceability buffers, and assessment criteria
• Estimates do not account for all factors lenders consider, including credit history, employment stability, existing debts not entered, living expenses assessment (HEM/actual), and other commitments
• Responsible lending laws require lenders to conduct their own detailed assessment of your financial situation
• Your actual borrowing capacity may be substantially higher or lower than our estimates

To determine your actual borrowing capacity, you should speak with a licensed mortgage broker or directly with lenders.

6. Interest Rate Information Disclaimer

Interest rate information displayed in Ratey, including comparisons and market rates:

• Is sourced from third-party providers and publicly available information
• May not be current, complete, or accurate at the time of viewing
• Does not include all products available in the market
• Does not account for fees, charges, features, or terms that may affect the overall cost of a loan
• Is not a recommendation to switch lenders or refinance
• Should not be relied upon when comparing loan products

Always verify current interest rates directly with lenders and consider all loan features, fees, and your individual circumstances before making any decisions about your mortgage.

7. User Accounts

7.1 Registration

To use the Service, you must create an account using a valid email address or through supported authentication providers (Google Sign-In, Apple Sign-In). You may also verify your account with a mobile phone number. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Not create multiple accounts or accounts on behalf of others without authorisation
• Not use false or misleading information

7.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach
• Ensuring no one else uses your account

7.3 Age Requirement

You must be at least 18 years old to use this Service. By creating an account, you represent and warrant that you are at least 18 years of age.

8. User Responsibilities and Data Accuracy

The accuracy of all information, calculations, and outputs provided by the Service depends entirely on the accuracy and completeness of the data you enter. You acknowledge and agree that:

• You are solely responsible for the accuracy of all information you provide
• We do not verify, validate, or audit any information you enter
• Inaccurate inputs will result in inaccurate outputs
• You should regularly review and update your information to maintain accuracy
• Any decisions you make based on Service outputs are your sole responsibility

You also agree to:

• Use the Service only for lawful purposes
• Not attempt to gain unauthorised access to the Service or its systems
• Not interfere with or disrupt the Service or servers
• Not use automated systems to access the Service without permission
• Not use the Service for any commercial purpose without our written consent
• Not reverse engineer, decompile, or attempt to extract the source code of the Service

9. Intellectual Property

The Service and all of its original content, features, functionality, design, text, graphics, logos, and software are owned by Ratey Pty Ltd and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any part thereof without our prior written consent.

10. Third-Party Services, Links and Referrals

The Service integrates with and may contain links to third-party services, including but not limited to:

• Property data and valuation providers
• Authentication services (Google, Apple)
• Analytics and performance monitoring services
• Cloud infrastructure providers
• Communication services (email, push notifications)
• Mortgage brokers and financial service providers

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for:

• The content, accuracy, or practices of third-party services
• Any loss or damage arising from your use of third-party services
• The availability or performance of third-party services

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

We expressly disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of any information, calculations, or estimates
• That the Service will be uninterrupted, timely, secure, or error-free
• That defects will be corrected
• That the Service or servers are free of viruses or harmful components
• That property valuations reflect actual market values
• That borrowing capacity estimates will match actual lender assessments

12. Limitation of Liability

To the maximum extent permitted by applicable law, Ratey, its directors, officers, employees, agents, and affiliates shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Financial losses arising from decisions made based on information provided by the Service
• Losses arising from inaccurate property valuations or estimates
• Losses arising from reliance on borrowing capacity calculations
• Any damages resulting from unauthorised access to your account
• Any damages resulting from service interruptions or data loss

Our total aggregate liability to you for any and all claims arising from or relating to these Terms or your use of the Service shall not exceed the greater of:

• The amount you paid to us (if any) in the twelve (12) months preceding the claim; or
• One hundred Australian dollars (AUD $100)

13. Indemnification

You agree to indemnify, defend, and hold harmless Ratey, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content or information you provide through the Service
• Any financial decisions you make based on information from the Service

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Conduct that is harmful to other users, the Service, or third parties
• Fraudulent, illegal, or deceptive activity
• At our sole discretion for any other reason

You may terminate your account at any time by contacting us at support@ratey.com.au or through the account deletion feature in the app.

Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including disclaimers, limitations of liability, and indemnification.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you consent to the personal jurisdiction of such courts.

16. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

If the Australian Consumer Law applies and cannot be excluded, our liability for breach of a consumer guarantee is limited to (at our option) resupplying the services or paying the cost of having the services supplied again.

17. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at support@ratey.com.au. We will attempt to resolve the dispute through good faith negotiation within 30 days.

If the dispute cannot be resolved informally, either party may pursue formal legal remedies in accordance with the Governing Law and Jurisdiction section above.

18. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Post the updated Terms on the Service
• For material changes, provide notice through the app or by email

Your continued use of the Service after any changes indicates your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may request deletion of your account.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ratey regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

21. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

22. Contact Us

If you have questions about these Terms of Service, please contact us:

Ratey Pty Ltd
Email: support@ratey.com.au
Website: ratey.com.au