Creditline Australia Australia Ltd ACN 613 138 113 (Creditline Australia, we, use or our) is the owner and operator of the website at www.creditline.com.au (Website).
These Terms govern the use of the Website.
We may vary these Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.
By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your agreement to be bound by the Terms.
All other information (including suggestions, ideas, concepts, data, know-how) you send to us using the Website, is our property once received. We may use that information for any purpose, including development of products and services, marketing and promotional activities.
3. Accounts and security of information
We may require you to register an account (including setting up a username and password) (Account) to access and use some restricted parts of the Website, including the cCAP gateway.
Additional terms may apply to access and use of such restricted sections of the Website, as notified to you from time to time by Creditline Australia.
If you register with us, you must provide accurate and complete information when creating or updating your Account; and you must keep your Account login details secure and confidential.
You must notify us immediately of any unauthorised use of your account or any other breach of security. You are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under your Account (whether or not it has been authorised by you), which, for the purpose of these Terms, is deemed to be activity by you.
You must not use another user's account login details or account, or otherwise breach or circumvent any security or authentication measures of or associated with the Website.
This Website may otherwise capture, your data. Whilst we endeavor to keep your data safe, no data transmitted over the Internet is secure, and we do not warrant, and cannot ensure, the security of your data. You transmit data using the Website entirely at your own risk.
4. Personal use
Unless we agree otherwise in writing, commercial use of the Website and content is strictly prohibited, and you are provided with access to the Website only for your personal use.
5. Intellectual Property
Creditline Australia owns or is licensed to use, all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images and graphics), except as expressly set out in these Terms.
You are not conferred any intellectual property rights or licence rights in the Website, other than a revocable license to download the materials contained on the Website for your own use in accordance with section 4 above.
You must not otherwise adapt, modify, copy, print, reproduce, republish, frame, upload, post, transmit, scrape, distribute, perform or publish (in whole or part) the Website or content on the Website, or create derivate works, or otherwise commercialise any information, products or services obtained from the Website, without Creditline Australia's prior written consent.
6. Your Content
If you submit, post, transmit or otherwise make any material available via the Website (Your Content) then to the extent Creditline Australia does own pre-existing intellectual property rights in Your Content, you:
(a) grant Creditline Australia a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish and communicate to the public Your Content for the reasonable purposes of our business (except that our right to publish or communicate will be subject to any
confidentiality undertaking we have given to you);
(b) consent to any act or omission by us that would otherwise infringe any of your rights (including your moral rights) in Your Content; and
(c) warrant that you have the right to grant the above licence and that our exercise of the licence rights above will not infringe the intellectual property rights of any person.
We may monitor or review Your Content, but we are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the operational integrity of the Website.
7. Third party content and links
The Website may include links to third party websites. Such links do not indicate a relationship between those third parties and us, nor endorsement, approval or recommendation by us of such third parties, their products, services or websites. Use of such links, the content of such websites, or the products and services offered via those websites is entirely at your own risk and is subject to the terms of those third party websites.
8. Your use
You must not post or transmit to or via the Website any malicious computer code (including virus, worms and Trojan horses) or engage in any other means of cyber-interference in connection with the Website.
You must not otherwise use the Website in a way which: (i) tampers with, hinders the operation of, or makes unauthorised modifications to, or otherwise interferes with the working of, the Website; (ii) inhibits any other user from using the Website.
You must not post or transmit to or via the Website any information or material or otherwise use the Website for any activity which: (i) breaches any laws or regulations; (ii) infringes a third party’s rights or privacy; (iii) is threatening, defamatory, obscene, indecent, inflammatory or scandalous (including any material that is pornographic or that could give rise to civil or criminal proceedings); or (iv) is contrary to any relevant standards or codes, including generally accepted community standards;
You must also not permit or enable any person to do any of those things.
You must take your own precautions to ensure that the process which you employ for accessing and using the Website or any linked website does not expose you to malicious computer codes (including virus, worms and Trojan horses) or other means of cyber-interference which may damage your computer system.
10. No warranty
To the fullest extent possible and subject to any Non-Excludable Guarantees (as described in section 12 below):
(a) we do not warrant the accuracy or completeness of the Website content, and the Website content is provided on an "as is" basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and you rely on any such content at your own risk;
(b) we will have no liability to you in relation to any loss, damage, liability, charges, expenses or costs (including all legal and other professional costs on a full indemnity basis) that you incur arising from or in connection with your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms); and
(c) we do not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
11. Your indemnity
You indemnify us and our related entities and each of their directors, officers, employees and agents against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of them incur directly or indirectly arising from your use of the Website or any breach of these Terms by you.
12. Our liability and indemnity
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website.
(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee). However, to the maximum extent permitted by law, Creditline Australia's liability for breach of a Non-Excludable Guarantee is limited, at our option, to: in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again;
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
We may terminate your access to the Website or parts thereof, including the cCAP gateway, at any time without notice. All restrictions on you and all disclaimers, exclusions and limitations of liability set out in these Terms will survive such suspension or termination.
If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
These Terms are governed by the laws in force in Victoria, Australia. You submit to the jurisdiction of the courts of Victoria, Australia and the Commonwealth of Australia.