Terms and Conditions for accessing and using the site
Please read the following terms and conditions (as amended from time to time,
the "Terms and Conditions") carefully.
By accessing and using the LoanPal web site, loanpal.emms.net.au (”LoanPal”),
(created by Forevision Pty Ltd trading as “Forevision”) you are agreeing to be
legally bound by these Terms and Conditions and any other notices, disclaimers
and other terms and conditions contained on LoanPal as amended from time to
time. By using LoanPal, you represent that you are 18 years or older and agree
to abide by the following Terms of Use. If any of these terms are unacceptable
to you, you may not access LoanPal. The terms "you" and "User" refer to anyone
who accesses LoanPal.
As you browse through LoanPal you may access other web sites that are subject
to different terms of use. When you use those sites, you will be legally bound
by the specific terms of use posted on such sites. If there is a conflict
between these Terms of Use and the other terms of use, the other terms of use
will govern with respect to use of such pages.
The Terms and Conditions may change at any time without notice. Changes will be
posted at loanpal.emms.net.au under "Terms and Conditions". Your use of LoanPal
after any changes have been posted will constitute your agreement to the
modified Terms and Conditions and all of the changes. Therefore, you should
read these Terms and Conditions from time to time for changes.
It is advised that you also read the LoanPal Privacy Policy at
loanpal.emms.net.au.
Use of LoanPal
You are hereby granted a non-exclusive, non-transferable, limited license to
access and use LoanPal under the terms set forth below.
LoanPal and the content, including, but not limited to, text, data, reports,
images, photos, graphics, graphs, charts, animations and video (the "Content"),
displayed on LoanPal, may be used only for your personal and non-commercial
use. Except as otherwise permitted under these Terms and Conditions or as may
be specifically permitted under the Copyright Act 1968 (Cth), you agree not to
copy, reproduce, modify, create derivative works from, or store any Content, in
whole or in part, from LoanPal or to display, perform, publish, distribute,
transmit, broadcast or circulate any Content to anyone, or for any commercial
purpose, without the express prior written consent of Forevision.
The Content is the property of Forevision and is protected by copyright and
other intellectual property laws. All trade names, trademarks, service marks
and other product and service names and logos on LoanPal and within the Content
are proprietary to their respective owners and are protected by applicable
trademark and copyright laws. Any of the trademarks, service marks or logos
(collectively, the "Marks") displayed on LoanPal may be registered or
unregistered marks of LoanPal or others. Nothing contained on LoanPal should be
construed as granting any license or right to use any of the Marks displayed on
LoanPal without the express written permission of Forevision or a third party
owner of such Marks. Any unauthorised uses of the Marks or any other Content
are strictly prohibited.
However, you may not post any Content from LoanPal to forums, newsgroups, list
serves, mailing lists, electronic bulletin boards, or other web sites, without
the prior written consent of the Forevision.
Reliance on Content at Own Risk: Any reliance on the Content is entirely at
your own risk. The Content is provided in good faith and is believed to be
accurate at the time of compilation. You must not rely on it as being complete,
accurate or current at any time. Forevision is not obliged to notify you or
publish any notice of amendment if it becomes aware of any change to,
inaccuracy in or omission from the Content.
Content Availability: Forevision has no legal obligation to make the Content
available to you and reserves the right at any time and without prior written
notice, to discontinue such publication. Forevision is not responsible for (and
will not have any liability in respect of) any delays or interruptions in
providing the Content for whatever cause. You expressly acknowledge that such
delays and interruptions may occur.
Confidentiality of Username and Password
You must maintain the confidentiality of the username and password you use to
access this site and you acknowledge that your username and password is secret
and confidential.
Limitation on Warranties and Liability
You are entirely liable for activities conducted by you or anyone else in
connection with your browsing and use of LoanPal. If you are dissatisfied with
the Content or LoanPal or with these Terms and Conditions, your sole and
exclusive remedy is to stop using the Content and LoanPal. To the maximum
extent permitted by law, Forevision will not pay you any damages in connection
with your browsing or use of LoanPal.
THE CONTENT AND LOANPAL ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES.
FOREVISION MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS
OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING LOANPAL, LOANPAL OWN
CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT
OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH LOANPAL. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, FOREVISION HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND OF NONINFRINGEMENT.
EXCEPT TO THE EXTENT ANY LIABILITY CANNOT BE EXCLUDED UNDER STATUTE, IN NO
EVENT WILL FOREVISION BE LIABLE (WHETHER IN CONTACT, TORT, NEGLIGENCE OR
OTHERWISE) TO YOU OR ANYONE ELSE FOR:
(A) ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION,
REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM;
(B) ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE (INCLUDING WITHOUT
LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST TIME, LOST MONEY,
LOST PROFITS OR GOOD WILL), AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR
UNFORESEEN, WITH RESPECT TO ANY USE OF THE LOANPAL WEBSITE;
(C) ANY LOSS OR INJURY RESULTING FROM USE OF LOANPAL, IN WHOLE OR PART, WHETHER
CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING,
INTERPRETING, REPORTING OR DELIVERING LOANPAL AND ANY CONTENT ON LOANPAL OR
OTHERWISE; OR
(D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR
LOANPAL.
WHERE LIABILITY CANNOT BE EXCLUDED, FOREVISION LIMITS SUCH LIABILITY TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
You may, through hypertext or other computer links, gain access to web sites
operated by persons other than Forevision ("Third Party Sites"). Such
hyperlinks to Third Party Sites are provided for your reference and convenience
only, and are the exclusive responsibility of the owners of such Third Party
Sites. You agree that Forevision is not responsible for the content or
operation of Third Party Sites web sites, and that Forevision shall have no
liability to you or any other person or entity for the use of Third Party
Sites.
A hyperlink from LoanPal to another web site does not imply or mean that
Forevision endorses the content on that other web site or the operator or
operations of that site. You are solely responsible for determining the extent
to which you may use any content at any other web sites to which you link from
LoanPal.
Forevision assumes no responsibility for the use of third party software on the
LoanPal site and shall have no liability whatsoever to any person or entity for
the accuracy or completeness of any outcome generated by such software.
Security
You must ensure that you are not exposed to the risk of viruses, malicious
computer code or other forms of interference which may damage your computer
system in using LoanPal or any Third Party Site. Forevision makes no
representations or warranties in relation to those risks and accepts no
responsibility for any loss or damage relating to such risks (to the maximum
extent permitted by law).
Timeliness of Content
The Content displayed on LoanPal, including, but not limited to, reports, Fees
and Charges, Account Information and other Product information, are current as
of the date appearing on the report and are subject to change without notice.
Forevision does not guarantee or warrant the accuracy, timeliness, or
completeness of any content you receive using LoanPal.
Additional Legal Terms
Forevision may discontinue or change LoanPal, or its availability to you, at
any time.
This agreement constitutes the entire agreement between the parties relating to
LoanPal and supersedes any and all other agreements, oral or in writing, with
respect to LoanPal. The failure of Forevision to insist upon strict compliance
with any term of these Terms and Conditions shall not be construed as a waiver
with regard to any subsequent failure to comply with such term or provision.
This agreement is personal to you, and you may not assign your rights or
obligations to anyone. If any provision in these Terms of Use is invalid or
unenforceable under applicable law, the remaining provisions will continue in
full force and effect.
Termination without Notice
Your ability to access this site may be terminated at any time by Forevision
without notice. These Terms and Conditions will survive such termination
(except for the licence granted to you above to access and use LoanPal).
Governing law and jurisdiction
These Terms of Use are governed by the laws in force in New South Wales,
Australia, and you submit to the exclusive jurisdiction of the courts of New
South Wales, Australia and any courts of appeal in respect of any proceedings
in connection with these Terms and Conditions or LoanPal (or any content on
LoanPal).