Website Terms of Use - Australian Seniors Advantage Group

1. Website

1.1 This website is owned and operated by Australian Seniors Advantage Group Pty Ltd (ABN 55 604 197 275; Australian Credit Licence 481816), trading as Australian Seniors Advantage Group (hereafter referred to as we, us, our, A.S.A.G.). Your use of this website is governed by these terms of use (Terms). By continuing to access and use this website, you agree to be bound by these Terms (as amended from time to time).

1.2 These Terms operate as a binding contract between you and us, setting out your rights and obligations in relation to this website.

2. Offers of credit

2.1 Nothing on this website constitutes an offer to provide credit to you. We are only required to provide credit to you if you submit an application via an application form or other method that we specify on this website, we have notified you that we have approved your application for credit and you have accepted the offer of credit that we have given to you.

2.2 We may make an offer of credit that is limited in time and/or subject to conditions that you must fulfil before we provide credit. If the stated time period lapses or you do not fulfil the conditions stated in our offer, we may refuse to provide credit to you.

2.3 Any credit that we provide to you is subject to the terms in the credit contract that we enter into with you, in addition to these website terms.

3. User Accounts

3.1 You must create a User Account in order to access certain functions or features of this website (Restricted Features), including to submit an application for credit from us.

3.2 To create a User Account, you must:

(a) be at least 18 years of age;

(b) have the capacity to enter into a contract.

3.3 We may from time to time and in our absolute discretion determine the functions or features of this website which are Restricted Features.

3.4 In order to create a User Account, you must provide us with any information requested by us, which will include personal information about you. By creating a User Account, you:

(a) warrant that any information that you provide to us is true and correct;

(b) warrant that you are creating an account to use for yourself and not on behalf of any other person; and

3.5 When you create a User Account, you will be required to set a username and password. You must:

(a) not disclose your username or password to any other person; and

(b) take reasonable steps to prevent any other person from discovering your username and password and using it to log in to this website via your User Account.

3.6 You agree that we are entitled to assume that any information communicated to us via your User Account:

(a) was communicated by you or on your behalf; and

(b) we are not in any circumstances required to enquire into whether or not information was communicated by you or by someone using your User Account without your authority.

3.7 You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a result of the use of this website using your User Account, whether as a result of your use of your User Account, someone using your User Account with your authority or someone using your User Account without your authority.

3.8 Except if there is a credit contract in force between you and us at the time, we may at any time in our discretion terminate your User Account and prevent you from accessing the Restricted Features.

4. Privacy

4.1 We will deal with personal information in accordance with the Privacy Act 1988 and our Privacy Policy.

4.2 Our Privacy Policy sets out how we:

(a) collect, use and disclose personal information and how you may access and correct personal information about you;

(b) how you can complain to us about the handling of personal information about you; and

4.3 We may disclose the information provided to us with third parties who help us deliver our services (including information technology providers, communication providers and our business partners and related entities) or as required by law. This includes recipients who may be located outside Australia.

4.4 If you do not provide us with the personal information that we request, we may not be able to provide all our products or services to you.

5. Content on this website

5.1 The Content on this website is intended to provide a summary of the subject matter covered. While we use reasonable steps to ensure the accuracy and completeness of the Content, to the greatest extent permitted by law we give you no warranty about the accuracy or completeness of the content or information on this website.

5.2 Content on this website may change without notice to you, but we do not warrant that we will keep this content or information updated.

5.3 We are not liable to you or anyone else if the Content is not up-to-date, accurate or complete.

5.4 We are not liable to you or anyone else if any part of this website (or a website linked from this website) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which this website (or a website linked from this website) could damage your computer systems (including your mobile devices).

5.5 Any information on this website is general in nature and does not take into account your personal circumstances. You agree that nothing on this website is a representation that a particular product will be suitable for you or advice that you should acquire a particular product.

6. Warranties and Disclaimer

6.1 The Content and this website are provided on an ‘as is’ basis, and you acknowledge that:

(a) your use of this website is at your own risk and is also subject to the terms and conditions of the websites, products and services of our affiliates that you access via our services;

(b) at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so.

6.2 In Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law.

6.3 Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law.

6.4 To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:

(a) that your access to this website will be free from interruptions, errors or viruses; or

(b) the accuracy, adequacy or completeness of information on this website (nor do we undertake to keep this website updated).

6.5 To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:

(a) your sole remedy will be for us to provide the features or services that were previously provided; and

(b) our maximum liability to you is limited to the reasonable cost of having the features or service re-provided to you.

6.6 In entering into these Terms, you represent and warrant to us that:

(a) any information that you provide to us is accurate and complete;

(b) we, and our agents, will be entitled to rely on the accuracy and completeness of any information provided by you;

(c) you have not entered into these Terms in reliance on or as a result of any statement by us or any conduct of any kind by us;

(d) you have independently satisfied yourself in respect of all matters in connection with these Terms;

(e) your use of this website does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

(f) you will not infringe or violate any of the Terms;

(g) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use this website in accordance with these Terms, and to fully perform your obligations under these Terms;

(h) you are solely responsible for complying with applicable laws regarding use of this website;

(i) you have read and agree to assume the risks identified above.

7. Limitation of Liability

7.1 To the maximum extent permitted at law, including under the Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage or expenses, howsoever arising, which may be suffered as a result or in connection with your use of this website or any material accessible via this website.

8. Third Party Websites

8.1 This website may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within this website pursuant to which we may obtain a financial benefit if you visit such a link and then make a purchase from a third party website.

9. Intellectual Property

9.1 The Content and this website are protected by intellectual property laws.

9.2 Unless otherwise stated, we own or license from third parties all of the rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content and this website.

9.3 Subject to these Terms, we grant you a limited licence to access the website and view and use the Content for personal, non-commercial purposes. Nothing in these Terms operates to grant you any further right or interest in the Content or this website.

9.4 Except where necessary for viewing the Content on this website on your browser, or as permitted under any applicable legislation, no Content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without our specific written consent.

10. No Commercial Use

10.1 This website is provided for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website unless authorised by us in writing.

10.2 You must not use this website, or any of the Content, to further any commercial purpose.

11. Proper Use

11.1 You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to this website, including but not limited to any act which would constitute a breach of privacy, using this website to defame or libel us, our employees or any other individuals.

11.2 You must not seek to reverse engineer the code contained in this website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to this website any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.

11.3 If we permit you to post any information, such as comments or other content, to this website, we reserve the sole right to remove that information without notice to you. If you are permitted to post information to this website, in doing so you agree that you are deemed to have granted us a irrevocable and unlimited license to use any of that information in any manner we see fit.

12. General Matters

12.1 If any part of these Terms is found to be void or unenforceable then it is deemed to be severed from these Terms and the balance of the Terms will be read without that part.

12.2 Your use of the website and these Terms are governed by the law of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in Queensland, Australia in respect of any dispute arising from these terms.

12.3 We may amend these Terms from time to time and in our absolute discretion. By continuing to use this website after any such amendment, you agree to the Terms as amended.

12.4 Your access to all or part of this website may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.

13. Definitions

13.1 In these Terms:

(a) Content means the contents of this website, including any information, stylistic elements (such as text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including programs) and other material on this website;

(b) Restricted Features means the features and functions of this website that are only accessible to persons logged in with their User Account; and

(c) User Account means the user credential and personal profile that you register with us in order to access certain features of this website.