WEBSITE TERMS OF USE

By accessing and using this website (Website), you agree to abide by these terms and conditions (Terms of Use). These Terms of Use govern your use of and interaction with the Website. If you do not agree to abide by these Terms of Use, do not use this Website.

This website is owned and operated by Metrics Business Finance Pty Ltd (ABN 44 603 289 658) (MBF).

MBF reserves the right, in MBF’s sole discretion, to change, modify, add or remove any portion of this Website, including the Terms of Use, in whole or in part, at any time, with or without notice to you. Changes will be effective when posted.

MBF authorises you to view and access a single copy of the content available on this Website for your own use. You are not permitted to disclose, reproduce or distribute to third parties any such content, in whole or part, without MBF’s written consent.

NON-EXCLUDABLE OBLIGATIONS

To the extent that you acquire goods or services from us as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms of Use operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other statute where to do so would contravene that statute or cause any term of these Website Terms to be void (Non-excludable Obligations).

DISCLAIMERS AND LIMITATION OF LIABILITY

This Website and the information and materials on this Website are provided ‘as is’ and ‘as available’. Except in relation to Non-excludable Obligations, MBF expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on MBF.

MBF does not represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Whilst MBF believes the information contained in this Website is based on reliable information, neither MBF nor any of their directors or officers warrant the currency, accuracy, completeness or reliability of any information on this Website or that this Website will operate ‘error free.’ This Website was prepared for multiple distributions and it may not be appropriate in all circumstances. Anyone considering action on the basis of the information contained on this Website should contact their financial adviser for individual advice in the light of their particular circumstances.

Except in relation to Non-excludable Obligations, neither MBF nor any of their shareholders, members, managers, officers, directors, employees or agents (collectively, MBF Parties) shall have any liability whatsoever to you (including because of our negligence) for any type of direct, indirect or consequential loss or liability howsoever caused or incurred by you or any other person under or in connection with your use of (or inability to use) the Website (including any content or in connection with any link), including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data, or any other loss, harm, damage, cost or expense (including legal fees).

Each MBF Party’s liability is limited to the maximum extent permitted by law and is limited even if that party has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction.

MBF reserves the right to restrict, suspend or terminate without notice your access to the Website, any content, or any feature of the Website at any time without notice and MBF will not be responsible for any loss, cost, damage or liability that may arise as a result.

INDEMNITY

You agree to indemnify and hold harmless the MBF Parties from and against any and all claims, losses, damages, cost, expense or liabilities, including but not limited to personal injury, death, loss of or damage to property, reasonable legal costs, infringement of rights and associated costs, that may arise as a result of:

  • your use of this Website giving rise to any third party claim against you or any MBF Party;
  • any inaccurate or incomplete information provided by you to MBF;
  • any breach of the Terms of Use by you or of your obligations under these Terms of Use; and
  • any breach of the law, negligence or infringement of the rights of any third party by you.

MBF reserves the right to take over the exclusive defence of any claim for which it is entitled to indemnification under this section. In such an event, you shall provide MBF with such cooperation as is reasonably requested by MBF.

LINKS TO OTHER WEBSITES

This Website provides links to websites operated by other entities. In addition, third party sites may be linked to this Website, with or without MBF’s consent. If you access a link to a third-party website via this Website, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by MBF. MBF is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. MBF does not endorse or make any warranty, guarantee or representation as to, and shall have no liability for, any information or content delivered by any third party on websites linked to or from this Website, including, without limitation, the accuracy, subject matter, quality or timeliness of any information or content on those websites.

INTELLECTUAL PROPERTY

You acknowledge and agree that you will not acquire any rights, title or interests, including but not limited to, intellectual property rights (whether copyrights, trademarks or otherwise), in MBF or any material or content on this Website. You acknowledge and agree that, unless expressly stated, any material on the Website, including all associated intellectual property rights, are the exclusive property of MBF, its related parties and/or each of their licensors or authorised third parties (as applicable).

You should assume that everything you see or read on the Website is subject to copyright and may not be used (except as provided in these Terms of Use) without MBF’s express written permission.

Any reproduction or redistribution of the Website or any part of its content is prohibited and may result in civil and criminal penalties.

You agree that you will not remove, alter or obscure any intellectual property rights incorporated in the material on the Website. You will not upload, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit MBF or any material or content on the Website without Metrics’ consent. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the material or content on the Website, in whole or in part.

No licence or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MBF or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

YOUR PRIVACY

Any personal information or other usage data that MBF or any of its related entities collects as a result of your use of this Website will be handled in accordance with our Website Privacy Collection notice, available here.

CHANGES TO TERMS OF USE

MBF may change these Terms of Use by posting the updated Terms of Use on the Website. You agree to be bound by the changed terms if you use this Website after the terms have changed.

GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales, Australia. Any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in New South Wales and you agree that such courts shall have jurisdiction over you in connection with any such dispute.

If, for any reason, a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder shall continue in full force and effect.

Last updated: August 2023

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