You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use the Website in accordance with clause 3.1.
(b) Content means the information and other content accessible by you on the Website excluding any information or other content accessible to you from a Third Party Website;
(c) Contributions means information including data, text, video, still images, audio or other material that Lending Central has permitted you to host, share, publish, post, store or upload on the Website as Content as permitted under this Agreement.
(d) Non-excludable condition is defined in clause 10;
(e) Other User Contributions mean information including data, text, video, still images, audio or other material that Lending Central has permitted users other than you to host, share, publish, post, store or upload on the Website as Content.
(f) Lending Central means Lending Central Pty Ltd ACN 091 086 930;
(g) Third Party Website means a website controlled by a person other than Lending Central and which is linked to the Website; and
(h) Website means the Lending Central website accessible via the URL www.lendingcentral.com.au
Lending Central grants you a non-exclusive and non-transferable right to access the Website and, subject to the terms of this Agreement, to view, retrieve and display the Content and make Contributions.
3. Permitted use
3.1 You may:
(a) access the Website in order to view, retrieve and display the Content;
(b) make Contributions; and
(c) print out single copies of parts of the Content.
4. Prohibited use
4.1 You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website;
(b) make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
(c) make Contributions that include commercial or advertising material or any hyperlink directing Users to a website external to Learning Central, except with the explicit permission of Lending Central;
(d) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(e) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(f) directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Website, or in any manner whatsoever corrupt, degrade or disrupt the Website;
(g) remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(h) use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Website;
(i) collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Website;
(j) reformat or frame any part of the web pages that are part of the Website;
(k) create user accounts by automated means or under false or fraudulent pretences;
(l) create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website or otherwise interfere with other user’s enjoyment of the Website;
(m) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;
(n) take any action that imposes, or may impose in Lending Central’s sole discretion, an unreasonable or disproportionately large load on its IT infrastructure;
(o) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
(p) collect or store personal data about other users in connection with the prohibited activities described in this paragraph 4.
4.2 Notwithstanding clause 4.1, Lending Central permits public search engines to use spiders or other search and retrieval applications to copy materials from the Website for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of materials from the Website.
5.1 Lending Central may permit you to make Contributions. Contributions that you make must be solely for personal, non-commercial purposes. You retain sole responsibility and accept all liability for your Contributions. Lending Central disclaims any and all liability in connection with Contributions. Lending Central assumes no responsibility for monitoring any Contributions. Lending Central does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. Lending Central is under no obligation to treat your Contributions as confidential information.
5.2 Lending Central may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Lending Central may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions directly or indirectly involve the advertising or marketing of any products or services;
(e) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
5.3 You retain all of your ownership rights in your Contributions. Lending Central is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant Lending Central a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any media, whether currently in existence or not. You also grant each user of the Website a nonexclusive Licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Lending Central and this Agreement.
5.4 You grant Lending Central the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Lending Central to display the Contributions as Content.
5.5 For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
(b) you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by Lending Central;
(c) you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
(d) you release Lending Central from any claims that you could assert against Lending Central by virtue of any such moral rights.
5.6 You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that Lending Central has no control of and is not responsible for Other User Contributions. You release Lending Central from any claims that you could assert against Lending Central relating to or in connection with Other User Contributions.
6. Intellectual property rights
You acknowledge and agree that all copyright and other intellectual property rights in the Content (other than Contributions made by you) are owned by or licensed to Lending Central and that nothing in this Agreement conveys to you any right to title or interest in the Content except for the rights expressly granted in clauses 2 and 3 and retained pursuant to clause 5.
7. User warranties
You represent and warrant that:
(a) you will only use the Content as permitted under clause 3;
(b) the information you supply on registration is accurate in all respects;
(c) if any of that information changes you will promptly notify Lending Central in writing of the changes (click here for contact information [email protected]
(d) your use of the Website will comply at all times with this Agreement and any directions published from time to time by Lending Central on the Website;
(e) you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorise Lending Central to display your Contributions as Content; and
(h) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
8. Changes to this Agreement
8.2 If you do not accept a change made by Lending Central to the terms of this Agreement, your only remedy is to immediately:
(a) cease accessing the Website; and
(b) Notify Lending Central by Email [email protected] .
9. Third Party Websites
You acknowledge that you may be able to access Third Party Websites from the Website. You agree with Lending Central that:
(a) Lending Central makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or any information or other content accessible to you from any Third Party Website; and
(b) your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.
10.1 You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided the link does not:
(a) portray Lending Central or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and
(b) link to a site that contains any adult, or illegal material or any material that is offensive, harassing or otherwise objectionable including pornographic, hateful, racially or ethnically offensive material.
10.2 This limited right may be revoked at any time.
10.3 You may not use a Lending Central logo or other proprietary graphic of Lending Central to link to the Site without the express written permission of Lending Central.
11. Exclusion of implied warranties
11.1 Other than as expressly set forth herein, Lending Central makes no other warranties (express or implied) with respect to the subject matter of this Agreement, and all implied warranties (including without limitation the implied warranties of merchantability, fitness for purpose and non-infringement) are hereby disclaimed.
11.2 Nothing in this Agreement excludes or limits the application of any provision of any statute where to do so would:
(a) Contravene that statute; or
(b) Cause any part of this Agreement to be void.
You agree to indemnify and hold Lending Central, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable legal fees arising out of, or in connection with your use and access to the Website or Contributions to the Content not in accordance with these terms.
13. No availability or functionality guarantee
Lending Central does not make any representations or warranty about the availability or functionality of the website. To the maximum extent permitted by applicable law, Lending Central excludes all liability to you, whether in Contract, Tort (including negligence) or otherwise:
(a) Arising from any unavailability, or failure in the functionality of the website;
(b) Arising from or in connection with any third party website; or
(c) Arising from any circumstance beyond the reasonable control of Lending Central.
14. Limited liability
14.1 In no event shall Lending Central be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred or awarded against you under or in any way connected with this agreement or the website. Notwithstanding anything to the contrary herein, Lending Central’s aggregate liability to you for any cause of action whatsoever and regardless of the form of the action will at all times be limited to AUD $50.00
14.2 Lending Central may disclose personal information about you if it reasonably believes that doing so may mitigate its liability.
Lending Central may terminate this Agreement immediately if you:
(a) Breach any part of any of clauses 4, 5 and 7 or if you use the Content other than in accordance with the Licence in clause 2; or
(b) Breach any other part of the Agreement and do not remedy the breach within 14 days of written notice from Lending Central notifying you of the breach.
16. Disputes; Governing Law
16.1 This agreement is governed by the law in the State of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that place and courts of appeal from them.
16.2 You are solely responsible for your interactions with other users of the Website. Lending Central reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.
You may not assign any of your rights under this Agreement. Lending Central may assign its rights under this Agreement in its sole discretion without prior consent.
18. Entire agreement
(a) Constitutes the entire agreement between the parties as to its subject matter; and
(b) Supersedes all prior representations and agreements in connection with that subject matter.
A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.
Lending Central does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy by Lending Central does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy by Lending Central must be in writing and signed on behalf of Lending Central.
21. Newsletter Subscription.
Access to the Lending Central newsletter is provided by our third party software provider and you may unsubscribe at any time. Please note signing up to the Lending Central newsletter is taken to be your acceptance to receive information from third party providers in relation to any special offers that may be on offer. This information will only be sent to you by Lending Central and not from any third party and as such all of your personal information will remain with Lending Central and will not be provided to any third party for the purposes other than outlined in this agreement.