This website is operated by Laddr Finance (ABN 52 651 284 187) (Laddr Finance, we, us and our). These Terms govern your use of our website and your Laddr Finance Account (if you sign up for one). By using our website and/or a Laddr Finance Account, you agree to these Terms.
We may update these Terms from time to time. All changes to the Terms will be posted on our website. If any of the terms are materially different or will impact your Laddr Finance Account, we will use reasonable efforts to notify you of the changes.
1. Content on the Website
No intellectual property rights in the website are assigned or transferred to you and you acknowledge and agree that we own all intellectual property rights in the website. You acknowledge that the trademarks and logos displayed on the website are our property and you must not use any of the marks without our prior written permission.
We grant you a limited, non-transferable licence to access and use the website in accordance with these Terms and any applicable laws.
2. General use of our Website
When using the website, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws, or use the website for any purpose that is unlawful or prohibited by these terms and conditions;
- impersonate any person or use a false email address;
- reprint or electronically reproduce the website, or any related content, in whole or in part without our prior written permission; ;
- distribute viruses, trojans or spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of our website or damage the operation of any computer hardware or software;
- use any software or technologies to scrape information from our website or collect or store personal information about any users of our website; or
- engage in any other conduct that inhibits any other person from using or enjoying the website.
If you do not comply with the above restrictions, we may terminate your Laddr Finance Account and we may also report any unlawful behaviour to law enforcement..
3. Laddr Finance Account
If you provide personal information or other information in relation to a company or other individuals, under or in connection with these Terms, you must have all the rights, consents and permissions, and have otherwise taken all necessary steps required by applicable laws, for you to provide that information to us, and for us to use that information to provide the services.
You must keep your account username and password for your Laddr Finance Account safe, and must not share any user name and password with any other person. You are solely responsible for all purchases made through our website that occur under your account. We will assume that any use of the website made using your user name and password is you, and you will be responsible for any such use.
You must immediately notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will cancel your user name and password and we may provide a new user name and password to you.
4. Products and our Partners
Any products offered by Laddr Finance and our partners will have terms and conditions that are relevant for that product – please read such terms and conditions carefully.
Our website may contain links to other websites or our partners' websites. When you access a website other than our website, we are not responsible for:
- the privacy or other practices of that website; or
- the content or accuracy of any other websites.
We provide the website on an “as is” and “as available” basis, and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.
In particular, and without limiting the above:
- while we endeavour to provide a convenient and functional website, we do not guarantee that your requirements will be met, that the website is accurate or complete, or that your use of the website will be uninterrupted, secure or error free or that the website is free of viruses or other harmful components; and
- you acknowledge that there may be times when the website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.
All express or implied warranties, representations, statements, terms and conditions relating to these Terms or a product that are not contained in these Terms, are excluded to the maximum extent permitted by applicable law. Nothing in these Terms and conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (including under the Australian Consumer Law).
You agree to indemnify us, our affiliates and our respective directors, officers, employees and agents against any losses, liabilities, claims and expenses (including legal fees) that arise out of or as a result of:
- your unauthorised use or misuse of the website or your Laddr Finance Account;
- your violation of any third party right, including any copyright, property or privacy right.
To the maximum extent permitted under any applicable laws, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss or damage, loss of business, loss of profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with these Terms or its subject matter.
To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with these Terms if we are liable for such claims, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed [$100].
Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
8. Variation of this Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website. Where possible we will let you know where our website will be unavailable, but we may not always be able to do so.
Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are governed by the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
The provisions of these Terms which by their nature survive termination or expiry of these seller terms will survive termination or expiry of these Terms.
The term “including” when used in these Terms is not a term of limitation.