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Terms of Use

Effective Date: 21 January, 2019
This version: 1-2
Previous version: 1-1

1. Our Website

The Lendly website is owned and operated by Lendly Pty Ltd ABN 57 108 502 745 (“Lendly”) and its related entities.

In these Terms of Use, “our website” refers to all information, services, text, graphics and other data contained under the domain name; “we”, “our”, and “us” refers to Lendly and its related entities; and “you” or “your” refers to the person accessing our website.

Your use of our website is governed by these Terms of Use and our Privacy Policy. Your access and use of our website constitute your agreement to these Terms of Use.

2. Acknowledgement

Your use of our website acknowledges your acceptance of these Terms of Use and our Privacy Policy.

Any failure or partial failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights.

These are the current Terms of Use and replace any other Terms of Use previously published on our website to date.  Our Terms of Use may be varied at any time without notice (where permitted by law) for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our website, by publishing the varied Terms of Use on our website.

We will indicate on our website that these Terms of Use have changed; however, we are under no obligation to specifically contact or notify you of any variation to these Terms of Use.  You accept that by doing this, we have provided you with sufficient notice of the variation.  By your use of our website after any variation, you are taken to have accepted the new Terms of Use.

3. Privacy

Your privacy and security are extremely important to us. We are committed to protecting the privacy of your personal information and to handling your personal information in a responsible manner in accordance with the Federal Government’s Privacy Act and National Privacy Principles. Our website will record and track the use you make of our website and certain data items will be collected and used by us in order to provide you with insurance quotations and other online services.

4. Accuracy

Whilst we have undertaken all reasonable steps to ensure that all information contained in our website is accurate and free from error, we do not warrant the accuracy, adequacy, or completeness of information on our website. All information is subject to change without notice. We do not guarantee that our website, or websites of those linked to our website, will function as intended, be uninterrupted, or will be free from viruses.

5. Indemnity

Should you do anything in breach of these Terms of Use, you agree to indemnify us for any loss that we may suffer or any costs that may be incurred arising from your breach.

6. Website Links

Within our website, there may be links to other websites which are owned and operated by entities that are independent of Lendly.

These website links are provided for your convenience only. We do not approve, sponsor or endorse these websites, nor information, services, text, graphics or data which is contained within their websites. We do not accept responsibility for any inaccuracy in information or representations made on those websites and we will not be liable for any loss that may be suffered as a result of using those websites.

7. Restrictions on Use

In order for you to take certain actions on the Sites, we may require you to provide us with applicable information that personally identifies you (“Personal Information”). Personal Information includes the following types of data:

  • use our website for any other purpose, other than as a legitimate customer or for a non-commercial purpose
  • take any action which may disrupt access to; cause damage; or interfere with; the proper operation of our website;
  • take any action that places an unusually large load on the infrastructure of; or bandwidth connecting to; our website;
  • take any action that includes the use of any data accumulation tool, robot or spider to compile disseminate, extract, process, monitor, or copy any web pages from our website’ inclusive of any information, data, graphics or content contained within our website, without our prior written consent;
  • take any action that involves decompiling, reverse engineering, reverse assembling, attempting to reveal source code or other processes or formulas, connected with our website software; or
  • copy, reproduce, alter, modify, or display in public any part or content from our website, without our prior written consent.

8. Product Information

We only provide general information on our website about our products and services. If you are considering purchasing a product or service, you should ensure that you read and understand the Product Disclosure Statement fully.

9. Intellectual Property

  • Copyright on the services, information, text & graphics on our website is owned or licensed by Lendly.
  • No part of our website, inclusive of information, services, text & graphics and other data may be reproduced, stored, modified, adapted, uploaded to another location, and produced for display in public in any form without our prior specific written consent.
  • “Lendly” is a registered trademark of Lendly Pty Ltd.

10. No Advice

Our website does not claim to provide you with any personal financial or investment advice of any kind. Our website and the information it contains does not take into account your particular financial or insurance position or requirements. You should always seek independent advice before acting upon any of the information contained on our website or other website links contained on our website.

11. Jurisdiction

The law applicable to our website and to disputes arising out of our website is the law of the state of Victoria, Australia. By using our website you irrevocably submit to the jurisdiction of the courts of the state of Victoria, Australia and any courts which have jurisdiction to hear appeals.

12. Termination

Lendly reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through this Site as well this Site at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

13. Third Party Software

The Lendly Site may also include third-party software integrated into the Site such as Red Book information and data as provided by Automotive Data Services Pty Ltd (Red Book).

Data and Valuation Disclaimer

Red Book has provided this data and valuations from information gathered from a variety of sources. Whilst all care is taken in producing the data and valuations, neither Lendly or Red Book can guarantee or make any representations regarding the use of, or reliance, on it. Red Book and Lendly are not responsible for all information provided to them and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. Neither Red Book or Lendly are liable for any loss or damages (other than in respect of any liability which may not be lawfully excluded) relating to your use of or reliance on, this valuation and data.

Personal and Non-Commercial Use Only

Data and valuations on the website are provided for your personal and non-commercial use only. You must not without the written approval of Lendly;

  • modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any data and valuations from this website;
  • use or attempt to use any data and valuations published on this website to create any web site or publication;
  • mirror or frame any data and valuations published within this website;
  • use any automated process of any sort to query, access or copy data and valuations on this web site or generate or compile any document or database based on the data and valuations published on this website; or
  • transfer or sell any data and valuations offered on this website;

The web site user acknowledges that it will use the information subject to the terms of the above disclaimer and notice.