Suite360 Terms of Use

Issued 27 September 2022

In these Terms and Conditions of Use, the expressions we, us and our mean Australian Finance Group Ltd ABN 11 066 385 822 (AFG) Australian Credit Licence 389087 and any related body corporate.

Terms and Conditions of Use

By accessing, viewing or otherwise using any part of the Suite360, you acknowledge and agree to be subject to these Terms and Conditions of Use, our Privacy Policy available on our website (www.afgonline.com.au/privacy-policy/) and any other notices, disclaimers or terms and conditions contained in Suite360, as amended or modified from time to time (together the Terms and Conditions of Use). If you do not accept our Terms and Conditions of Use you are not authorised to use Suite360 or any part of it. Your use of Suite360 is also subject to the terms of any agreement that you have entered into with us.

We may at any time vary these Terms and Conditions of Use by publishing the new version in Suite360. By accessing Suite360 or any part of it you are deemed to accept the current Terms and Conditions of Use displayed. We reserve any and all rights not expressly granted in these Terms and Conditions of Use.

We may terminate your access to all or any part of Suite360 at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms and Conditions of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Suite360 and your access to it is governed by the laws applicable in the State of Western Australian and the Commonwealth of Australia.  Suite360 and the information contained in it may not satisfy the laws of any other country and cannot be relied on by people in a country other than Australia.

Privacy

If you provide us with personal information when you use Suite360, it may be used to offer or provide you with our services and/or the services of our associates. We may also ask you for feedback. We may not be able to assist you if you do not provide your information. We may need to disclose your information to other organisations which may include organisations that provide products or services used or marketed by us. Our Privacy Policy contains information about how you can access your personal information and request corrections or lodge a complaint.

User IDs and passwords

You agree that:

Links to other websites

Suite360 may contain links to websites operated by third parties. We do not endorse or approve the operators of any third party websites or any material on their websites. To the extent permitted by law, we accept no responsibility or liability and give no warranty in any way in respect of third party websites or any goods or services offered to you on any third party websites.

We may receive payments from operators or owners of third party websites in relation to goods or services supplied to you by them.

Third party software

Unless we tell you otherwise, any software you download from a third party website is their product and not ours. We point that out because some products may be subject to a licence agreement between you and them.

To the extent permitted by law, we accept no responsibility or liability in respect of such third party products, provide no warranty, and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning them.

No warranty or guarantee

We do not warrant that any information in Suite360 is accurate, complete, continuous and uninterrupted, or suitable for your intended use. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Information in Suite360 may be subject to further terms and conditions contained within Suite360. All information in Suite360 is also subject to change without notice.

Access to Suite360 may be interrupted or affected by outages, faults, delays and maintenance which may be scheduled or unscheduled.

We do not guarantee that Suite360 is free from viruses, worms, Trojan horses, and other harmful or destructive content. You must ensure that that the process which you use for accessing Suite360 does not expose you to the risk of viruses or other forms of interference which may damage your own computer system. You must use appropriate anti-virus and security measures when you access Suite360.

Limitation of liability and indemnity

Subject to any responsibilities which are implied by law and cannot be excluded, neither we, nor any of our employees, agents or officers are liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs or any special, incidental or consequential damages) whether direct or indirect, whatsoever arising out of or referable to Suite360, your use of Suite360 or, without limitation, any modification, suspension, failure, malfunction or discontinuance of Suite360 – whether in contract, tort including negligence, statute or otherwise.

In any event, our liability for a breach of a condition or warranty implied by law or otherwise is limited to the extent possible, at our option, to:

You agree to indemnify and hold us and our contractors, and licensors, and their respective directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, costs, claims and expenses, including lawyers' fees, arising out of your use of Suite360, including but not limited to your violation of these Terms and Conditions of Use.

Copyright and trademarks

The material in Suite360 is protected by copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means be reproduced, uploaded to a third party, linked to, framed, stored in a retrieval system or transmitted without our prior written permission.

You also must not in any form or by any means commercialise any information, products or services obtained from Suite360 without our prior written permission.

Suite360 includes registered trademarks owned by us (or our licensors). You must not use any of our trade marks in any way without our prior written consent.

General

These Terms and Conditions of Use contain the entire understanding and agreement between you and us with respect to the subject matter hereof. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign or transfer your rights or obligations under these Terms and Conditions of Use without our prior written consent. We may assign our rights under these Terms and Conditions of Use without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.