(a) These terms and conditions apply to the entire contents of our website. Please read these terms and conditions (‘Terms’) carefully, as they are the terms and conditions for your use of the website. By using, browsing and/or reading the website, this signifies you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with the Terms, you must cease usage of the website immediately.
(b) The website is operated by Emblem Group Pty Ltd ACN 659 644 112 (Emblem, we, us or our).
(c) These Terms apply to all users of the website, including actual or potential borrowers or financiers.
(d) Emblem reserves the right to review and change any of the Terms by updating this page at its sole discretion and without prior notice. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Any subsequent access to or use by you of this website constitutes acceptance of any variation to the Terms.
(e) Your access to the website is subject to our Privacy Statement, and any notices and disclaimers (and any other relevant content) published on the website. If you use any of the services identified on the website for which additional terms and conditions are referred to, by accessing or otherwise using those services you agree to be bound by and comply with those relevant terms and conditions.
You agree that you will not (either yourself or through a third party)—
(a) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (‘Automated Process’) to process, monitor, copy or extract any web pages on the website, or any of the information, content or data contained within or accessible through the website, without our prior written permission
(b) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the website
(c) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formulae or processes in respect of the software underlying the infrastructure and processes associated with the website
(d) copy, reproduce, alter, modify, create derivative works of, or publicly display, any part of any content from the website without our prior written permission
(e) post or otherwise distribute on or through the website any defamatory, obscene, harassing, threatening or other unlawful material or information, or photographs containing obscene images, the nature of the content of which may be determined by us in our sole discretion, or any information that is confidential to a third party without their permission, or
(f) use the website for any other unlawful purpose or activity.
3.1 The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Emblem or its contributors.
3.2 All trademarks, service marks and trade names are owned, registered or licensed by Emblem, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to—
(a) use the website pursuant to the Terms
(b) copy and store the website and the material contained in the website, and
(c) print pages from the website for your own personal and non-commercial use
Emblem does not grant you any other rights whatsoever in relation to the website. All other rights are expressly reserved by Emblem.
3.3 Emblem retains all rights, title and interest in and to the website. Nothing you do on or in relation to the website will transfer to you or any other person any—
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
3.4 You may not, without the prior written permission of Emblem and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the website for any purpose, unless otherwise provided by these Terms, or where the material is freely available for re-use or is in the public domain.
Emblem takes your privacy seriously and any information provided through your use of the website is subject to Emblem’s Privacy Statement, which is available at https://emblemgroup.com.au/privacy. You agree to the terms of our Privacy Statement.
5.1 Use of the website is at your own risk. Everything on the website is provided to you “as is” and “as available” without warranty or condition of any kind. None of Emblem nor the affiliates, directors, officers, employees, agents, contributors and licensors of Emblem make any express or implied representation or warranty about any products or services (including the products or services of Emblem) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(b) The accuracy, suitability or currency of any information on the website (including third party material and advertisements on the website).
(c) Costs incurred as a result of your use of the website.
(d) The services or operation in respect to links which are provided for your convenience.
(e) The use of our Platform or the availability or otherwise of any funding through our Platform.
5.2 Neither Emblem nor any of its representatives or related entities provide any legal, financial, tax, or investment advice or any other form of advice regarding the availability, suitability, or appropriateness of any finance or funding.
5.3 Emblem reserves the right to exclude and deny any person’s access to the website at any time in our sole discretion.
6.1 You agree to indemnify and hold Emblem and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any of your fraudulent acts or omissions.
6.2 Without prejudice to paragraph 6.1, you also agree to indemnify and hold Emblem and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands arising out of any falsehood or inaccuracy contained in any information you provide to us.
7.1 To the extent permitted by law—
(a) we do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the website, and we are not liable if interference with or damage to your computer or other technological systems occurs in connection with your use of the website
(b) any condition, warranty or guarantee which would otherwise be implied by these Terms is hereby excluded, and
(c) our liability to you for breach of a condition, warranty or guarantee implied by any legislation shall be limited, at our sole discretion, to the payment of the cost of having the services supplied again.
7.2 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which applies to these Terms under the Competition and Consumer Act 2010 (Cth) or any similar State legislation and which cannot be excluded, restricted or modified.
You may not assign any part of these Terms without our written consent, but we may assign these Terms to any associated companies or affiliates without notice to you.
The website may provide links to access various other websites on the internet (‘Third Party websites’). We do not endorse, warrant or guarantee the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any Third Party websites. The inclusion of Third Party websites does not imply any association with the operators of any Third Party websites.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created under or by them shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, then that part shall be severed and the rest of the Terms shall remain in force.