TERMS OF USE
Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.
In addition to the general terms and conditions set out below, certain parts of the Website may be subject to additional specific terms and conditions of use. Such specific terms and conditions form part of the general terms and conditions and are set out below, as well as in the relevant part of the Website. You are also bound by these specific terms and conditions, which you will be deemed to have accepted by your use and/or access to the relevant part of the Website.
These terms and conditions are in addition to any other agreement you may enter into with Simplygreen Australia Pty Ltd and its related bodies corporate (“The Novated Lease Company”, “Simplygreen Salary Packaging”, “Simplygreen Evolve”, ”We”, “Us”), or any third party introduced by The Novated Lease Company, and shall continue to be binding on you not withstanding any other such agreement you may enter into.
INTELLECTUAL PROPERTY
All information, text, material, graphics, software and photographs on the Website (materials) are copyrighted, its suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by The Novated Lease Company.
You must not use the The NovatedLease Company trademarks, logos or other materials for any purpose without the prior written consent of The Novated Lease Company.
You may, subject to specific restrictions set out in these terms and conditions, download material from theWebsite solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website.
CONTENT
The contents on the Website (Content), including the information generated by any calculators or other tools, are for general information purposes only. Any use of The Novated LeaseCompany materials or information by another person or organisation is at the user’s own risk. Further, The Novated Lease Company does not warrant or make any representations as to any third-party products or services described or referred to on the Website. The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.Inclusion of Content on this Website is not an endorsement of any organisation, product or service. While care has been taken in preparing the Content on thisWebsite, The Novated Lease Company and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
You agree to be solely responsible for any Content that you communicate or otherwise provide over theWebsite. You warrant and represent that any Content that you communicate or otherwise provide will not violate these terms and conditions.
DISCLAIMERS AND LIMITATION OF LIABILITY
The information contained on this Website is presented in summary form only and is not to be considered complete. The information contained on the Website should not be regarded as or used in the place of expert advice.
This Website has been prepared without consideration of your particular objectives, financial situations and needs. In all cases, you should conduct your own investigations and analysis of the information contained on the Website. Given the complexity of taxation legislation, individual circumstances may produce particular results. If you are an employee of an organisation and are considering salary packaging a vehicle, you should seek your own professional advice in relation to the income tax, fringe benefits tax, goods and services tax, stamp duty and all other legal and accounting implications of the chosen form of finance.
The Australian Competition and Consumer Act 2010 and other similar Australian State and Territory legislation may provide you with certain rights and remedies in respect of goods and services provided to you by The Novated Lease Company on the Website which cannot be excluded, restricted or modified. The Novated Lease Company does not exclude any such statutory rights, but excludes all other conditions and warranties specified or implied by custom, law or statue.
Without limiting the above, to the fullest extent permitted by law:
· all information and materials on the Website is provided “as is” and without warranty of any kind, express or implied;
· all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
· The Novated Lease Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the Website;
· The Novated Lease Company makes no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
· The Novated Lease Company makes no warranties that files and/or data available for downloading from the Website, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
Further, The Novated Lease Company’s liability for the breach of any warranty or condition which cannot by law be excluded shall, at The Novated Lease Company option, be limited to the following:
In the case of services supplied by The Novated Lease Company:
· the supply of the services again; or
· the payment of the cost of having the services supplied again; and In the case of goods supplied by The Novated Lease Company:
· the replacement of the goods or the supply of equivalent goods;
· the payment of the cost of replacing the goods or the supply of equivalent goods; or
· the payment of the cost of having the goods repaired. Under no circumstances (including but not limited to any act or omission on the part of The Novated Lease Company, its servants or agents) will the Novated Lease Company or its associated companies be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any information and/or materials contained on theWebsite.
ACCESS AND COMMUNICATION
The Novated Lease Company does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.
The Novated Lease Company provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release The Novated Lease Company from all applicable liability and responsibility.
You are solely responsible for the protection of any usernames and passwords you may use in relation to the Website or any account you may have with The Novated Lease Company. We are not responsible for any damage or unauthorised access to information arising from misuse of your passwords, usernames or your own or third-party computer equipment or networks.
You agree that you shall not use the Website, or attempt to access the Website or the The Novated Lease Company network to:
· upload or use the Website to provide any material to The Novated Lease Company which is false, misleading or deceptive;
· post or upload any material which is libellous, defamatory or which discloses private or personal matters concerning any person, or any material, message, data, image or program which is indecent, obscene or pornographic;
· impersonate any other person;
· post or transmit any material, message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
· interfere with other users use of the Website;
· post or transmit any file or data which contains viruses or any other contaminating or destructive features;
· post or transmit any message or material which is harmful, threatening, abusive or hateful;
· post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
· send any unsolicited mass emailing to other users of the site; and/or
· use the Website to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.
LICENCE TO THE NOVATED LEASE COMPANY
By placing any information or other material on the Website (works), you grant The Novated Lease Company a non-exclusive, world-wide, royalty free, perpetual licence to use the works at its discretion, including to sub-licence, reproduce, distribute, transmit, adapt, publicly display and publicly perform the works. You expressly waive in favour of The Novated Lease Company any moral rights or similar rights you have in any jurisdiction in respect of the works. If requested by The Novated Lease Company you agree to enter into any further agreements necessary to document the licence and waiver set out above, at The Novated Lease Company’s expense.
INDEMNITY
You agree to fully indemnify and hold harmless The Novated Lease Company, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a. any breach of these terms and conditions by you; or
b. your access or use of the Website.
LINKS
Access to any Website which maybe reached by the hyperlinks on this Website (linked site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site.
Accessing a linked site from this Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of The Novated Lease Company as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. The Novated Lease Company will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a linked site.
The ability to access a linked site does not:
a. constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
b. imply any connection, sponsorship or affiliation between the linked site and this Website or The Novated Lease Company
PRIVACY
Our Privacy Policy is set out here: https://thenovatedleasecompany.com.au/privacy-policy
VARIATIONAND TERMINATION
These terms and conditions shall continue to have full force and effect until varied or terminated by The Novated Lease Company.
The Novated Lease Company reserves the right to terminate this agreement and your access to the Website at any time for any reason. The terms and conditions relating to intellectual property, your licences to The Novated Lease Company, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
The Novated Lease Company reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.
GENERAL
All references in these terms and conditions to “The Novated Lease Company” include its employees, contractors, directors, officers, servants, agents and related entities.
The agreement constituted by these terms and conditions is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
The waiver by The Novated Lease Company of a breach of these terms and conditions by you shall not be construed as a waiver of any other breach of these terms and conditions by you and shall not in any way restrict The Novated Lease Company‘s right to exercise its rights pursuant to this agreement in respect of any other breach of these terms and conditions.
If you have any questions regarding the Website or these terms and conditions you may contact us at:
The Novated Lease Company
ABN 60 123 823 914
Po Box 6080, Collingwood North VIC 3066
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