ASSETIA PTY LTD T/A LEND HOUSE (ABN: 94 668 837 983) owns and operates
this website. Access to and use of this Website is and the products and
services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the
Terms of Use, as may be updated by us from time to time. You should check this
page regularly to take notice of any changes we may have made to the Terms of
Use.
This website (referred to in these terms
of use as the Website) is owned
and operated by the Website Owner, who is referred to in these Terms of Access
as “we”, “us”, “our” and similar grammatical forms.
The material on the Website is copyright
© 2021 or other copyright owners.
The Website is available for you to:
(a) Access conditional on your
acceptance without alteration of the terms and conditions set out below. By
continuing to access the Website you are agreeing to these Terms of Access.
(b) Upload material or information
conditional on your acceptance without alteration of the terms and conditions
set out below. By continuing to provide upload material or information about
your product or service you are agreeing to the Terms of Use related to
uploading material or information to our Website.
1 Amendments to Terms of Use
Website Owner reserves the right to
amend these Terms of Use from time to time. Amendments will be effective
immediately upon notification on this Website. Your continued use of the
Website following such notification will represent an agreement by you to be
bound by the terms and conditions as amended.
2 Website
Access to this Website is permitted on
a temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
3 Linked sites
This Website may contain links to other
websites (Linked Sites), which are not
operated by Website Owner. Website Owner has no control over the Linked Sites
and accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the Terms
of Use and service contained within each such site.
4 Privacy policy
Our privacy policy, which sets out how
we will use your information, can be found at [insert link].
By using this Website, you consent to the processing described the privacy
policy and warrant that all data provided by you is accurate.
5 Prohibitions
(a) You must not misuse this
Website. You will not:
(i) commit or encourage a criminal
offense;
(ii) transmit or distribute a virus,
trojan, worm, logic bomb or any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or
obscene;
(iii) hack into any aspect of the
Service; corrupt data; cause annoyance to other users;
(iv) infringe upon the rights of any
other person’s proprietary rights;
(v) send any unsolicited
advertising or promotional material, commonly referred to as “spam”; or
(vi) attempt to affect the
performance or functionality of any computer facilities of or accessed through
this Website.
Breaching this provision would
constitute a criminal offense and Website Owner will report any such breach to
the relevant law enforcement authorities and disclose your identity to them.
(b) We will not be liable for any
loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any Linked
Sites.
6 Intellectual property, software and content
The intellectual property rights in all
software and content (including photographic images) made available to you on
or through this Website remain the property of Website Owner or its licensors
and are protected by copyright laws and treaties around the world. All such
rights are reserved by Website Owner and its licensors. You may store, print
and display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Website nor may you use any such content in connection with any
business or commercial enterprise.
7 Disclaimer of liability
The Website Owner gives no warranty,
guarantee or representation about the accuracy, reliability or timeliness or otherwise,
of the information contained on the Website or linked sites on the Internet.
(a) To the full extent permitted by
law we disclaim any and all warranties, express or implied, regarding:
(i) the accuracy, reliability,
timeliness or otherwise of any information contained or referred to on the
Website or of any linked sites; and
(ii) merchantability or fitness for
any particular purpose for any service or product contained or referred to on
the Website or on any linked sites.
(b) We will not be liable under any
circumstances for any loss of profits or any damages of any kind recognised by
law (even if it has been advised of the possibility of such loss of profits or
damages) which are the consequence of you:
(i) acting, or failing to act, on
any information contained on or referred to on the Website or any of the linked
websites; and
(ii) using or acquiring, or your
inability to use or acquire, any service or product contained or referred to on
the Website or any linked sites.
(c) Subject to any non-excludable
consumer guarantees and other consumer protection provisions set out in the
Australian Consumer Law, the material displayed on this Website is provided
without any guarantees, conditions or warranties as to its accuracy.
(d) To the fullest extent permitted
by law Website Owner hereby expressly excludes all warranties and other terms
which might otherwise be implied by statute, common law or the law of equity
and must not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted on those sites, irrespective of whether such damages were
foreseeable or arise in contract, tort, equity, restitution, by statute, at
common law or otherwise.
(e) This does not affect Website
Owner’s liability for death or personal injury arising from its negligence,
fraudulent misrepresentation, misrepresentation as to a fundamental matter or
any other liability which cannot be excluded or limited under applicable law.
8 Linking to this website
You may link to our home page, provided
you do so in a way that is fair and legal and does not damage our reputation or
take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none
exists. You must not establish a link from any website that is not owned by
you. This Website must not be framed on any other site, nor may you create a
link to any part of this Website other than the home page. We reserve the right
to withdraw linking permission without notice.
9 Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the
contrary all persons (including their names and images), third party trademarks
and content, services and/or locations featured on this Website are in no way
associated, linked or affiliated with Website Owner and you should not rely on
the existence of such a connection or affiliation. Any trade marks/names
featured on this Website are owned by the respective trade mark owners. Where a
trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to Website Owner.
10 Indemnity
You agree to indemnify, defend and hold
harmless Website Owner, its directors, officers, employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages
or costs (including, but not limited to, legal fees) arising from your use of
this Website or your breach of the Terms of Use.
11 Variation
Website Owner must have the right in
its absolute discretion at any time and without notice to amend, remove or vary
the Services or any page of this Website.
12 Invalidity
If any part of the Terms of Use is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of the Terms of Use will not be
affected and all other clauses remain in full force and effect. So far as
possible where any clause/sub-clause or part of a clause/sub-clause can be
severed to render the remaining part valid, the clause must be interpreted
accordingly. Alternatively, you agree that the clause must be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause/sub-clause as is permitted by law.
13 Termination
We may terminate access to the Website
at any time without giving any explanation or justification for the termination
of access, and we have no liability for any costs, losses or damages of any
kind arising as a consequence of terminating access to the Website.
14 Relevant Jurisdiction
(a) If any part of these Terms of
Access is found to be void, unlawful, or unenforceable then that part will be
deemed to be severable from the balance of these Terms of Access and the
severed part will not affect the validity and enforceability of any remaining
provisions.
(b) These Terms of Access will be
governed by and interpreted in accordance with the law of New South Wales of
Australia, without giving effect to any principles of conflicts of laws.
(c) You agree to the jurisdiction
of the courts of New South Wales of Australia of Australia to determine any
dispute arising out of these Terms of Access.
15 Complaints
We operate a complaints handling
procedure which we will use to try to resolve disputes when they first arise,
please let us know if you have any complaints or comments.
Copyright © 2024 Lend House
ABN: 93 624 626 008