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Website Terms & Conditions


The use of this website and services on this website provided by ESRA Star Pty Ltd (trading as LendPlus) (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "T&C"), all parts and sub-parts of which are specifically incorporated by reference here. These T&C shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").


A. DEFINITIONS


The parties referred to in this Agreement shall be defined as follows:

  1. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. ESRA Star Pty Ltd (trading as LendPlus), Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.

  2. You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.

  3. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.


B. ASSENT & ACCEPTANCE


By using the Website, You warrant that You have read and reviewed the T&C and that You agree to be bound by them. If You do not agree to be bound by these T&C, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You agree to these T&C.


C. USE OF WEBSITE


The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.


D. INTELLECTUAL PROPERTY


You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.


E. USER OBLIGATION


As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this T&C.


F. ACCEPTABLE USE


You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.


G. ASSUMPTION OF RISK


The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.


H. REVERSE ENGINEERING & SECURITY


You agree not to undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;

  2. Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


I. DATA LOSS


The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.


J. INDEMNIFICATION


You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this T&C, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.


K. SPAM POLICY


You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


L. THIRD-PARTY LINKS & CONTENT


The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.


M. MODIFICATION & VARIATION


The Company may, from time to time and at any time without notice to You, modify this T&C. You agree that the Company has the right to modify this T&C or revise anything contained herein. You further agree that all modifications to this T&C are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this T&C, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this T&C.


  1. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

  2. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.

  3. In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.


N. ENTIRE T&C


This T&C constitutes the entire understanding between the Parties with respect to any and all use of this Website. This T&C supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.


O. SERVICE INTERRUPTIONS


The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.


P. TERM, TERMINATION & SUSPENSION


The Company may terminate this T&C with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this T&C if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this T&C at any time by contacting Us and requesting termination. At the termination of this T&C, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


Q. NO WARRANTIES


You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.


R. LIMITATION OF LIABILITY


The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this T&C is limited to an aggregate of all claims of $4,000,000.00. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.


S. GENERAL PROVISIONS:

  1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

  2. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the Queensland, Australia shall govern any matter or dispute relating to or arising out of this T&C, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions.

  3. ASSIGNMENT: This T&C, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this T&C, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

  4. SEVERABILITY: If any part or sub-part of this T&C is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this T&C shall continue in full force.

  5. NO WAIVER: In the event that We fail to enforce any provision of this T&C, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this T&C will not constitute a waiver of any other part or sub-part.

  6. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this T&C are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this T&C.

  7. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this T&C. No Party has any authority to bind the other to third parties.

  8. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

  9. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this T&C, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@lend-plus.com.au.


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