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Website Terms of Use

Date of last revision: 22 November 2019

 

1. Terms of Use

1.1. The OnDeck website https://www.ondeck.com.au/ (Website) and other pages and websites with the OnDeck branded logo are operated by On Deck Capital Australia Pty Ltd ABN 28 603 753 215 of Level 11, 130 Pitt Street, Sydney, New South Wales, Australia (“OnDeck”, “we”, “us” and “our”). By accessing or using the Website you acknowledge that you have read and understood and agree to be bound by these Terms of Use, the Privacy Policy and any other policy that is found on the Website.

1.2 These Terms of Use govern your use of the Website. However, should you apply for any of our products, and then be approved for any of our products, your application and (where applicable) the provision of the product to you, will be subject to separate terms and conditions notified to you at the time of such application and following such approval (where applicable).

1.3 To the extent there is any inconsistency between these Terms of Use and the terms of the specific product, the terms of the specific product shall prevail.

1.4 These Terms of Use, the Privacy Policy and any other policies on the Website are subject to change at any time without notice. Your continued access and use of the Website following any such changes signifies and confirms your acceptance of any such changes. You should view this page periodically to read the Terms of Use.

1.5 The Website is intended for users within Australia only.

 

2. Privacy

2.1 In using the Website, you may give us personal information and grant us consent to collect, store, use and disclose such personal information in accordance with our Privacy Policy, which can be found here.

2.2 If you don’t opt out of receiving marketing communications from OnDeck, OnDeck may, from time to time and in accordance with your communication preferences, send you marketing material that may be relevant to you (including material that may promote third party products and services). Unless and until you opt out, OnDeck may communicate with you using the contact details you provided when accessing the Website.

 

3. Intellectual Property rights

3.1 The Website, including all information, data, text, graphics, images, sound or video files, advertisements and other material (Content), is and remains at all times the property of OnDeck and its licensors and is protected by Australian and international trademark and/or copyright laws.

3.2 You must only use the Website and Content in accordance with the Terms of Use. You are not permitted to:

3.2.1 Download, republish, retransmit, reproduce or otherwise use any item of the Content as your own content;

3.2.2 Modify or otherwise make derivative works of the Website or Content;

3.2.3 Remove or modify any copyright, trademark, or other proprietary Content;

3.2.4 Use any data mining, robots or similar data gathering or extraction methods; or

3.2.5 Use the Website or the Content other than for its intended purposes.

3.3 All names, logos and trademarks are the property of OnDeck or third parties who have contributed to the Website. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of OnDeck or the relevant contributor.

3.4 The Website may contain links to other websites and may on occasion display content or information from other websites or sources (Third Party Content). While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, current or suitable for any purpose.

 

4. General restrictions

In using the Website, you must not:

4.1 Provide us with any information that is inaccurate, misleading or incomplete, without limitation, in relation to your identity, your financial position or trading information or that of your business;;

4.2 Violate any applicable laws, or use the Website for any purpose that is unlawful;

4.3 Distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

4.4 Collect or store data about other users of the Website; or

4.5 Engage in any other conduct that inhibits any other person from using the Website.

 

5. Warranties and Disclaimer

5.1 Use of the Website is entirely at your own risk. Changes are made periodically to the Website and Content and may be made at any time, without notice to you.

5.2 OnDeck is not responsible for any loss of data that may occur from your use of the Website.

5.3 Content provided or displayed on the Website is provided on an “as is” basis. OnDeck does not provide any warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, or other Content that may be made available or otherwise included in the Website.

 

6. Limitation of Liability

To the fullest extent permitted by law:

6.1 OnDeck and any third parties mentioned on the Website will not be liable for any loss or damage whatsoever arising from your use or access of, or any inability to use or access the Website. For the avoidance of doubt, this includes losses as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including failure to comply with these Terms of Use and any other policy that is found on the Website.

 

7. Governing Law

7.1 These Terms of Use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.