Terms and Conditions
Download the Terms and Conditions in a PDF here.
Web Site Terms and Conditions of Use
This website, including the Consumer and Merchant Portals contained on it (“Site“) is owned by UCFS Australia Pty Ltd (ABN 99 136 959 567) (“UCFSA“), and operated by United Consumer Financial Services Company, (“UCFS”) on behalf of UCFSA.
The products and services of UCFSA described on this Site are available only to Australian and New Zealand residents, in relation to property located in Australia and New Zealand.
Please read the terms and conditions of use set out below carefully before using this Site. The use of this Site and any transactions conducted on it is governed by these terms and conditions (“Terms”).
References to “you”, “your” and “yours” are references to the person(s) accessing the Site.
References to “we”, “us” and “our” are references to UCFSA.
References to the Site include references to all social media channels, pages and accounts UCFSA operates.
- ACCESS TO THE SITE.
Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
- ACCEPTABLE USE OF THE SITE.
The material on this Site contains general information about UCFSA’s products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the terms and conditions for such products and services. All credit and merchant applications are subject to UCFSA’s normal approval criteria.
In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.
- Use of Site Material. The material provided on this Site, including the information and any images incorporated in the site, is for your personal private non- commercial use only. You may not modify, republish, post or transmit anything you obtain from this Site, including anything you download from the site, unless you first obtain our consent.
- Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. UCFSA reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet.
- Third-Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post material that is protected by copyright, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of these Terms, the term “Intellectual Property Rights” means collectively, rights under patent, design, trade mark, copyright and trade secret laws, laws protecting confidential information, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
- All content and materials on the Site are the property of UCFSA and are subject to Australian and international copyright, trade mark and Intellectual Property Rights laws. All software used on the Site is the property of UCFSA or its licensors and is subject to Australian and international copyright laws. Except as expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except as expressly stated in these Terms or with the express written permission of UCFSA and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved by UCFSA.
- Minors and Children under 13. UCFSA’s site and services are not for minors or children under 18 years old. UCFSA does not knowingly solicit data online from, or market online to, minors or children under 18. If UCFSA becomes aware that it has received Personal Information regarding a minor or a child, we will delete it from our systems.
- WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES/GUARANTEES OF MERCHANTABILITY, ACCEPTABILITY OF QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. UCFSA DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR- FREE. UCFSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
UCFSA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS OR SERVICES FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. UCFSA CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES UCFSA MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW. WITHOUT LIMITING SECTION 5 BELOW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UCFSA’S LIABILITY FOR ANY TERM, CONDITION, GUARANTEE OR WARRANTY THAT IS IMPLIED BY LAW AND CANNOT LAWFULLY BE EXCLUDED, INCLUDING THE CONSUMER GUARANTEES SET OUT IN THE AUSTRALIAN CONSUMER LAW CONTAINED IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ALL SIMILAR OR EQUIVALENT LEGISLATION, RULES AND REGULATIONS IS LIMITED TO (AT UCFSA’S OPTION):
- a) IN THE CASE OF GOODS, INCLUDING SOFTWARE, TO THE EXTENT SOFTWARE IS CONSIDERED A GOOD UNDER APPLICABLE LAW – REPAIRING, REPLACING OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF ANY OF THOSE REMEDIES; OR
- b) IN THE CASE OF SERVICES – SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL UCFSA OR ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF UCFSA, UCFS OR AN AUTHORIZED UCFSA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL UCFSA’s TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AU$100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS UCFSA AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
- GOVERNING LAW
These Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms, or this Site. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
- WAIVER AND SEVERABILITY
No delay or omission by UCFSA to exercise any right or any non-compliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by UCFSA. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
- THIRD PART SITES
Where we provide hypertext links to other locations on the Internet, we do so for convenience and information purposes only. We have not verified, and to the extent permitted by law are not responsible for, the content of any other websites or pages linked to or linking to this Site. The inclusion of any link does not imply an endorsement, approval or recommendation of the linked website or its content by UCFSA and, subject to any applicable law which cannot be excluded, UCFSA makes no representation, guarantee or warranty, whether express or implied, regarding the quality, merchantability or fitness for purpose of any products or services available through a third party website. Following links to any other websites or pages is entirely at your own risk and we shall not be responsible or liable for any losses, damages or expenses or in other way in connection with linking. We recommend that you read the terms and policies applying to any linked third party websites before proceeding.
Links to downloadable software sites are for convenience only and to the extent permitted by law we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.
- TRADE MARKS AND COPYRIGHT
Unless otherwise indicated, all rights, including copyright, in all information and other materials on this Site (including information and its arrangement) is owned by or licensed to UCFSA. All rights are reserved. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, this Site or any portion of the Site may not be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose that is not expressly permitted by UCFSA. You may imprint, copy, download or temporarily store extracts from our Site for your personal information or when you use our products and services. You must not alter anything. In particular you may not use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.
Nothing contained on this Site should be construed as granting any licence or right of use of any trade mark displayed on the Site without the express written consent of UCFSA.
You agree not to attempt to transfer any material of any kind to this Site which contains a virus, malicious computer code or any harmful component and not to otherwise attempt to alter the content of the Site. You agree that you are wholly responsible for use of the Site by any person using your computer and you agree to ensure that any such person complies with these Terms. You agree to immediately notify UCFSA of any unauthorised use of your e-mail address or any other breach of security.
- DATA PROTECTION AND SECURITY
UCFSA has implemented security measures to help protect against the risk of loss, misuse and alteration of any information under its control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and to the extent permitted by law, UCFSA is not responsible for any damages or liabilities relating to any such security failures.
These terms and your access to the Site may be terminated at any time by UCFSA without notice. All restrictions, disclaimers and limitations of liability by UCFSA will survive termination.