Website Terms of Use

1. This Website
1.1  

This website is owned and operated by Bendigo and Adelaide Bank Limited (ABN 11 068 049 178) (Australian Credit Licence & AFSL No. 237879) (we/us/our). Our registered office is at The Bendigo Centre, 22-44 Bath Lane, Bendigo, Victoria, Australia 3550.
1.2

The following Terms of Use (Terms) govern your access to and use of this website and the service(s) comprised in this website (the Service). They cancel and replace any previous version(s). These Terms are a legal agreement between you and us, and by using the Service, you agree to be bound by these Terms, so you should read these Terms carefully before using the Service.
2.

Changes to these Terms
2.1

We reserve the right to change these Terms or to modify any features of the Service at any time. The current version of the Terms will always be posted on this website. By registering on or continuing to use our Service after the posting of such changes, you agree to be bound by the changes.
3. Privacy Policy
3.1 Please review our privacy policy, which also governs your use of our Service, to understand how we manage personal information, including the kinds of personal information we collect and hold, the purposes for which we collect, hold, use and disclose personal information, disclosure overseas, how to make a complaint, our contact details and how to access and correct personal information. Our privacy policy is located at www.adelaidebank.com.au/privacy-policy. By registering on or using the Service, you indicate that you understand and consent to the collection, use, and disclosure of your personal information in accordance with our privacy policy.
4. Use of the Service
4.1 You agree not to use the Service to:
a)   upload, post, e-mail or otherwise transmit any information, material or content of whatever kind or form (together the 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;
b) impersonate any person or entity, including, but not limited to, an authorised bank officer of us;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted on or through the Service;
d) upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
e) 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;
f) upload, post, e-mail or otherwise transmit any Content 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;
g) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange;
h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i) intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; or
j) "stalk" or otherwise harass, threaten or intimidate any person or internet user.
4.2 Prior to you uploading, posting, e-mailing or otherwise transmitting any Content on or through the Service, you must obtain all necessary permissions from any individuals identified in the Content. You grant us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sub-licenseable right and licence to use, modify and create derivative works from such Content (in whole or in part) for our (and our related companies) business purposes.
4.3 You must comply with any guidelines or requirements on the Service (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or through the Service) and any reasonable request or instruction by us in connection with the Service.
5. No Unlawful or Prohibited Use
5.1 As a condition of your use of the Service, you acknowledge and agree that you will not use the Service:
a) for any purpose that is unlawful or prohibited by these Terms; or
b) in any manner which could damage, disable, overburden, or impair the Service or interfere with any other persons use of the Service or its associated services.
5.2 You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service.
6. Registration and Security
6.1 If we permit you to create an account on our Service, this is for your personal use only and is non-transferable. You agree to provide accurate, current and complete information about yourself (and the entity you represent) as requested or directed on the Service and to promptly update this information to maintain its accuracy. We may suspend or terminate your registration and your use of the Service, if we suspect that such information is inaccurate or incomplete.
6.2 You must not authorise or permit any other person to use your account. You must protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7. Use Limitation
7.1 The Service is made available for your internal business use. Except for any Content you have posted on the Service, or unless expressly permitted, you must not modify, copy, create derivative works, distribute, transmit, sell or in any way exploit any part of the Service.
8. Use of Communication Services
8.1 The Service contains electronic mail postings and/or other message or communication facilities (collectively, "Communication Services") which are designed to enable you to conduct your business electronically with us, receive information relevant to the services offered by us and for you to directly communicate with us and likewise for us to communicate directly with you.
8.2 In order to use the 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 telecommunication fees payable to any party associated with such access. The supply, maintenance and cost of any equipment and services required by you to access the Service is your responsibility.
9. Disclaimer
9.1 While we take reasonable steps to ensure that the Content provided on or through the Service is free from errors or omissions or is suitable for your intended use, we do not represent or warrant the accuracy, adequacy or completeness of such Content, or that the Service will be available, uninterrupted, timely, secure or error-free.
9.2 We recognise the community concern in the transmission of computer viruses. We utilise up to date technology in an attempt to eliminate any possible computer virus infecting any Content transmitted from or in connection with the Service. However, we do not guarantee or warrant that the Service, or the Content provided on or though the Service, will be free from viruses, worms, Trojan horses, or other destructive materials. We are not liable for any damages or harm attributable to such features.
9.3 Under no circumstances will we be responsible for any loss or damage resulting from your use, or inability to use, the Service, or the Content made available on or through the Service. You acknowledge and agree that your use of the Service, or any Content made available on or through the Service, is at your sole risk and that the Service is provided on an "as is" and "as available" basis. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and we do not promise any specific results from use of the Service. Nothing in these Terms will be construed as excluding our liability where precluded by law. Our (and our related companies) liability 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 our option, to:
a) the supply of the goods or services;
b) the repair of the goods; or
c) the payment of the cost of having the goods or services supplied again or repaired.
9.4 You will indemnify us against all claims and liabilities (including reasonable legal fees) directly or indirectly related to your use of the Service (including any third party claims arising out of or relating to your use of, or inability to use, the Service) and/or breach of these Terms.
10. Modifications to the Service
10.1 We may at any time modify, discontinue, temporarily suspend or permanently remove the Service (or any part thereof), or your access to the Service, with or without notice. You agree that we (and our related companies) shall not be liable to you or any third party for any modification, suspension, discontinuance or permanent removal under this clause.
11. Copyright and Trade Marks
11.1 All trade marks, logos, content (including our websites structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our prior specific written permission.
12. Termination
12.1 You acknowledge and agree that these Terms and your access to the Service may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. All clauses in these Terms which are stated or intended to continue after termination will continue to apply.
12.2 We are not liable to you or any third party for any termination of your access to the Service.
13. Jurisdiction
13.1 These Terms are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia.
14. General
14.1 We may assign or novate these Terms in whole or part to any person. If any provision of these Terms is deemed invalid, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Any failure by either party to exercise or enforce any right or provision of these Terms does not mean this is a waiver (i.e. that it cannot be enforced later). We reserve any rights not expressly granted in these Terms. These Terms constitute the entire agreement between you and us.
 
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