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Terms of Use of the Online Service

This website

Conduct

Links to Third Party Websites

No Unlawful or Prohibited Use

Use Limitation

Product and Services Information

Software applications accessible from this site

Warranties

Limitation of Liability

Modifications to Website

Termination

Jurisdiction

Assignment by the Lenders

Copyright and Trademarks

Privacy Statement

Acceptance and Changes to Terms of Use

This website

This website is owned and operated by Leveraged Equities Limited (ABN 26 051 629 282, AFSL 360118) ("the Online Service").

Leveraged Equities Limited and Adelaide Equity Finance Pty Ltd (ABN 17 008 614 122) ("the Lenders") are each a subsidiary of Bendigo and Adelaide Bank Limited (ABN 11 068 049 178, AFSL 237879) (“the Bank”). The Bank and any of its related subsidiaries are together called the “Bendigo and Adelaide Bank Group”.

If you use or access the Online Service you accept these Terms of Use, the Privacy Statement, notices, disclaimers, and any other rules of use contained on this Website and changes to them that we may make from time to time. You should review them carefully and check periodically for any changes. If you do not agree with the Terms of Use, Privacy Statement, notices, disclaimers and any other rules of use you are not authorised to use the Online Service.

The Online Service offers you access to a collection of products, services and online resources conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Online Service and its associated products, services and online resources constitutes your agreement to all such terms, conditions, and notices.

The information on this internet site is intended to be available to residents of Australia. The distribution of this information (including an electronic copy) in jurisdictions outside Australia may be restricted by law. If you come into possession of this information in jurisdictions outside Australia, you should seek advice on, and observe any such restrictions. If you fail to comply with such restrictions, that failure may constitute a violation of applicable laws. The information on this internet site does not constitute an offer in any jurisdiction in which, or to any person to whom, it would not be lawful to make such an offer.

In order to use the Online Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees payable to any party associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You must familiarise yourself with this Terms of Use statement and any other terms and guidelines found throughout this site and agree to abide by them should you chose to use the products and services offered to which they apply.

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Conduct

You agree not to use the Online Service to:

  1. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory;
  2. impersonate any person or entity, including, but not limited to, a representative of the Lender or an authorised Bank officer of the Bank;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Online Service;
  4. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  5. upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
  6. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program;
  7. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange;
  8. interfere with or disrupt the Online Service or servers or networks connected to the Online Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Service;
  9. intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and
  10. "stalk" or otherwise harass, threaten or intimidate any person or internet user.
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Links to Third Party Websites

The Online Service may contain links to other websites ("Linked Third Party Sites"). The Lenders do not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites ("Linked Third Party Material"). The Lenders are not responsible for webcasting or any other form of transmission received from any Linked Third Party Site.

The Lenders are providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.

Subject to any applicable law, which cannot be excluded, the Lenders make no warranties or representations:

  1. regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites;
  2. that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
  3. that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.
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No Unlawful or Prohibited Use

As a condition of your use of the Online Service, you warrant and agree that you will not use the Online Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Online Service in any manner which could damage, disable, overburden, or impair the Online Service or interfere with any other party's use of the Online Service. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Online Service.

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Use Limitation

The Online Service is available for your personal and business use. You warrant that you will not modify, copy, distribute, transmit, or sell any information, products or services obtained from the Online Service.

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Product and Services Information

Products and services displayed or offered through the Online Service contain general information about those products and services. The information on or obtained from this site is general advice only and has been prepared without taking into consideration your objectives, financial situation or needs. Before acting on any information on or obtained from this site, you should consider the appropriateness of the information in light of your objectives, financial situation and needs and seek professional advice including taxation and legal advice. It is strongly recommended that you read the relevant Product Disclosure Statement and Product Guide before making any decision.

Past performance described on this site is not a reliable indication of future performance.

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 those products and services.

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Software applications accessible from this site

Some of the software programs that may be downloaded via links from this site are products belonging to third parties. The Lenders are not responsible or liable, directly or indirectly for any software downloads available from these Linked Third Party Sites. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, the Lenders accept no liability in respect of such Third Party products and the Lenders provide no warranty and give no endorsement in respect of such products or any party connected with them.

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Warranties

The Lenders have made every effort to ensure that the information presented in the Online Service is free from errors or omissions or is suitable for your intended use. However, the Lenders do not warrant the accuracy, adequacy or completeness of any material on this site. All information is subject to change without notice.

Should you wish to accept any product or service offered, the Lenders recommend that you seek independent advice before acting upon the material in this site.

The Lenders recognise the community concern in the transmission of computer viruses. They utilise up to date technology in an attempt to eliminate any possible computer virus infecting any material transmitted from the Online Service. However, they do not guarantee that the Online Service or any Linked Third Party Website will be free from viruses, or that the access to the Online Service or Linked Third Party Websites will not be interrupted.

You expressly understand and agree that your use of the service is at your sole risk and that the Online Service is provided on an "as is" and "as available" basis.

The Lenders make no warranty that:

  1. the Online Service will meet your requirements;
  2. the Online Service will be uninterrupted, timely, secure, or error-free;
  3. the result that may be obtained from the use of the Online Service will be accurate or reliable; and
  4. the quality of any products, services, information or other material obtained by you through the Online Service will meet your requirements or expectations

Any Material downloaded or otherwise obtained through the use of the Online Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material.

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Limitation of Liability

Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold each and every member of the Bendigo and Adelaide Bank Group, affiliates, staff, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to Material on this website or to any Linked Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the Bendigo and Adelaide Bank Group for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at the Bank's option, to:

  1. the supply of the goods or services;
  2. the repair of the goods; or
  3. the payment of the cost of having the goods or services supplied again or repaired.
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Modifications to Website

The Lenders reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Online Service (or any part thereof) with or without notice. You agree that the Lenders will not be liable to you or any Third Party for any modification, suspension or discontinuance of the Online Service.

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Termination

You acknowledge that these Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Online Service) and your access to the Online Service may be terminated at any time by the Lenders without notice for any reason, including, without limitation, if the Lenders believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

You also agree that the Lenders are not liable to you or any Third Party for any termination of your access to the Online Service.

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Jurisdiction

All information and services contained within the Online Service are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia.

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Assignment by the Lenders

The Lenders may assign this agreement in whole or part to any person.

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Copyright and Trademarks

The content of the Online Service is owned by the Bank who reserves all rights, including copyright under the Copyright Act 1968 (Cth) of all material on this website. The material includes information, text, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of content and may not be re-written, framed, linked, copied, re-sold, re-distributed or transmitted in any form by any process, or otherwise used without the prior specific written permission of the Bank.

A single copy of this document may be downloaded for your reference.

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Privacy Statement

The Lenders are committed to providing the highest quality of financial services within a trusted environment. Please read the Privacy Policy to understand how your personal information will be treated when you use the Online Service.

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Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Online Service indicates your acceptance of these Terms of Use and the Privacy Statement.

The information in the Online Service is current at the date of publication but may be subject to change. Notice of any other change to these Terms of Use will be given no later than the day the change takes effect.

Such notice may be, but not limited to, by notification on the Online Service, in writing or by newspaper advertisement. Notice of any change is deemed to be accepted by you by your subsequent use of the Online Service. The Lenders reserve any rights not expressly granted in these terms of use.

This is the Bank's current Terms of Use statement and replaces any previously issued statement.

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