LEGAL

Terms and Conditions

These Terms form the agreement between you (referred to as You or Your) and Novated Choice Pty Ltd ABN 41 676 121 994 and its related bodies corporate (referred to as Novated Choice, We, Our, or Us ). These Terms cover all services and any goods or services provided to you. You agree to be bound by these Terms when you:

1.

use, browse or access any part of the website available at https://www.novatedchoice.com.au(the Site) including using the services and functionality made available through the Site;

2.

view and interact with any Service Content as defined in clause 3 of these Terms;

3.

upload any User Content as defined in clause 3 of these Terms; and

4.

communicate with Us.

Please read these Terms carefully before using the information and services available on the Site. The Site is subject to change at any time without notice and may contain errors. We may from time-to-time review and update these Terms including to take account of new laws, products or technology. Your use of the Site will be governed by the most recent Terms posted on the Site. By continuing to use the Site, You agree to be bound by the most recent Terms.

By agreeing to these Terms, you confirm that you are at least 18 years old, or if you are entering into this Agreement on behalf of some under 18, you are their parent or legal guardian.

For the purposes of these Terms:

  1. Related Entity has the meaning given to that term in the Corporations Act 2001 (Cth); and

5.

Third Party means any party other than Us or You.

1.
Services

1.1

Novated Choice will provide services to You, including novated leasing and car salary packaging (collectively, the Services).

2.
Australian Consumer Law

2.1

Australian consumers and businesses have certain rights under the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). The Terms are not intended to affect your rights as an Australian consumer under the ACL.

3.
Service and User Content

Service Content

3.1

Service Content relates to content, information, communications, advice, text or other material provided by Us or our Related Entities on the Site.

3.2

The Site is owned and operated by Us or on Our behalf.

3.3

The Service Content on the Site is for general information and promotional purposes only. We do not warrant or make any representations as to any Third Party products or services described or referred to on the Site. Any use of the Service Content, materials or information by another person or organisation is at your own risk.

3.4

All Intellectual Property Rights, including copyright, in the Site and Service Content are owned or licensed by Us or Our Related Entities. You must not copy, modify or transmit any part of the Site or Service Content.

3.5

The Site and Service Content may also contain Our, or Our Related Entities', trade marks, logos and trade names, which may be registered or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing on the Site or Service Content.

3.6

We grant you a non-exclusive and non-transferable licence to use the Site and Service Content for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.

3.7

If you have a complaint regarding any Service Content, Our sole obligation will be to review any written complaint notified to Us and, if We see fit, in Our sole discretion, to modify or remove the particular Service Content.

User Content

3.8

User Content is content that You provide to Us, including by uploading pictures, photographs, graphics, information, comment, content, communication, text or other material.

3.9

You agree to be solely responsible for any User Content that You upload to the Site. You warrant and represent that any User Content You upload to the Site will not violate these Terms.

3.10

You retain all Intellectual Property Rights in the User Content You upload to the Site. By uploading the User Content, You grant Us a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re- distribute, broadcast, transmit, create derivative works from and incorporate in other works, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future).

3.11

You consent to Your User Content being altered, edited or adapted by Us for any reason including to ensure Your User Content does not infringe these Terms. To the extent that You have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, You provide an irrevocable and unconditional consent in favour of Us, Our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with Your User Content (whether or not currently in existence) to:

  1. perform, exhibit, reproduce, adapt and communicate any part of Your User Content in any medium and anywhere in the world without attributing You or any other person as an author of or contributor to that User Content;
  2. do any act or omission that would constitute a derogatory treatment of Your User Content;
  3. make any use of Your User Content that may falsely attribute authorship of the User Content to another person;
  4. delete or adapt or change any of Your User Content in any way, including by addition to or subtraction from Your User Content; or
  5. combine or juxtapose Your User Content with anything else.

3.12

Where the User Content uploaded by You to the Site contains material from third parties, You warrant that You have obtained the moral rights consents described above from such third parties.

3.13

We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which We consider, in Our sole discretion, to breach any law or these Terms or to be otherwise unacceptable.

3.14

You acknowledge that We:

  1. have no responsibility or liability for the deletion or failure to store any User Content uploaded by You or any other user on the Site; and
  2. are not responsible for any User Content uploaded to the Site by You or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it.

You represent and warrant that:

  1. You own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content You upload on the Site;
  2. You have the right and power to grant the licence described above to Us;
  3. the User Content uploaded by You will not infringe the Intellectual Property Rights of any Third Party; and
  4. You will not upload User Content that will cause You to breach these Terms.

You understand that We do not guarantee any confidentiality with respect to any User Content You upload to the Site.

3.15

You acknowledge and agree that We are under no obligation to take legal action in relation to commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or action relating to Your Intellectual Property Rights in User Content.

4.
Services and Charges

4.1

Fees and charges for the services outlined in any proposal or document are provided by Novated Choice to You. Prices are in Australian dollars and unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are shown on the Site inclusive of GST.

5.
Intellectual Property Rights

5.1

All Intellectual Property Rights, including copyright, in the Site and Service Content are owned or licensed by Us or Our Related Entities. You must not copy, modify or transmit any part of the Site or Service Content.

5.2

Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

  1. patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;
  2. any application or right to apply for registration of any of these rights;
  3. any registration of any of those rights or any registration of any application referred to in paragraph  (b) ; and
  4. all renewals, divisions and extensions of these rights.
6.
Prohibited Uses

6.1

You agree that in accessing and using the Site and Service Content, You will not engage or attempt to engage in any activities that:

  1. download (other than page caching), transmit, copy, store, reformat or otherwise modify any element of the Site or Service Content);
  2. impersonate or falsely claim to represent a person or organisation;
  3. are commercial, including selling, modifying, displaying, distributing or otherwise using any Service Content, in whole or in part, for any public or commercial purpose without Our prior written consent, marketing, advertising or promoting goods or services, collecting and using any product lists or pricing for the benefit of other merchants, or re-selling, sublicensing or translating the Site or Service Content, except if expressly permitted by these Terms;
  4. frame the Site or the Service Content without Our express written consent;
  5. post, link to, or otherwise communicate or distribute any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Site or Service Content in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights;
  6. bypass (or attempt to bypass) any security mechanisms imposed by the Site or Service Content;
  7. provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the Intellectual Property Rights of another person;
  8. deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Site or Service Content;
  9. knowingly posts, introduces or transmits, or permits the posting, introduction or transmission of a virus, worm, Trojan horse, zombie, keylogger, cancelbots, Easter eggs, malware, spyware, mail bombing, flashing, spamming, flooding, disabling or malicious device or code, time bomb, or any other software or hardware or configuration that may cause harm or change to the Site or Service Content or any related network;
  10. breach or circumvent any applicable Laws in using or accessing the Site or Service Content;
  11. damage or tamper with the operation of the Service Content;
  12. constitute bullying or harassment (whether contained in or related to User Content You post or upload, or any other content shown on or in connection with the Site, including through Third Party services such as Facebook or blogs and community forums comment sections that may be included on or otherwise displayed in connection with the Site); and
  13. use the Site or Service Content in a manner which is unlawful or would infringe the rights of another person, including any Intellectual Property Rights.

6.2

You also agree that in accessing and using the Site and any Service Content, You will not engage or attempt to engage in any activities that:

  1. damage or disparage Our reputation, or that of Our Related Entities, suppliers or advertisers;

6.

violate the rights of any Third Party including, without limitation abusing, stalking, threatening or otherwise, infringement of copyright, trademark, or other intellectual property right, misappropriation of trade secrets, confidential information, electronic fraud, invasion of privacy, pornography, obscenity, or libel;

7.

interfere with or disrupt any other third parties (including other users of the Site), equipment, functions, features, or the Site;

8.

use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site;

9.

involve distribution of unsolicited advertising or chain letters, repeated harassment of other users or third parties, impersonating another user, falsifying a user's network identity for improper or illegal purposes, gaining unauthorised access to any parts of the Site, sending unsolicited bulk emails or calls, continuing to send someone email or messages after being asked to stop and using a network to gain unauthorised entry to any other machine accessible via a network;

10.

involve the unauthorised use of any machine or network, denial of service attacks, falsification of header information or user identification information, monitoring or scanning the networks of others;

11.

disrupt, impair, alter or otherwise interfere with the functions, features, Service Content or the Site;

12.

express or imply that statements You make are endorsed by Us, without Our prior written consent;

13.

modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Site to a human-perceivable form;

14.

remove any copyright, trademark or other proprietary rights notices contained in the Site or Service Content;

15.

harvest or collect information about the Site or User Content without a user's express consent; and

16.

use any meta-tags or any other "hidden text" utilising Our name or Service Content without Our express written permission.

7.
Links and advertisements

7.1

The Site may contain links to other websites. We have not reviewed all of the Third Party websites linked on the Site and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). We provide those links as a ready reference for searching for Third Party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.

7.2

Facebook, Twitter, Instagram, YouTube and other Third Party websites which are linked to the Site, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these Third Party linked sites, you do so at your own risk. We are not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. We are not responsible for and will not be liable in respect of any incorrect link to an external website contained in these Terms.

8.
Warranties, Consumer Guarantees and Limitation of Liability

8.1

We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Site and in the Service Content are correct and up-to-date at the time of publication. We do not represent or warrant the accuracy or completeness of the Service Content or that the Site or Service Content are free from any errors, omissions or defects. Subject to the ACL or any other applicable Law, any representation, warranty, condition, guarantee or undertaking that would be implied on our Site by Law, trade, custom or usage is excluded to the maximum extent permitted by Law.

8.2

Nothing on our Site excludes, restricts or modifies any consumer guarantee, right or remedy conferred on You by the ACL or any other applicable Law that cannot be excluded, restricted or modified by agreement.

8.3

To the fullest extent permitted by Law, Our liability for a breach of a non-excludable guarantee is limited to:

  1. in the case of goods supplied or offered by us, any one or more of the following:

17.

the replacement of the goods or the supply of equivalent goods;

18.

the repair of the goods;

19.

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

20.

the payment of the cost of having the goods repaired; or

21.

in the case of services supplied or offered by us:

22.

the supplying of the services again; or

23.

the payment of the cost of having the services supplied again.

8.4

Subject to clause 8.1 we are not liable to You for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with the Site, the Service Content or all links to or from the Site.

8.5

Subject to this clause 8 , our maximum aggregate liability for all proven Losses and Claims arising out of or in connection with these Terms or the use of the Site, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to: (a) where the liability relates to products or services under an Order you have made, the total fees paid by You to Us under that Order; and (b) in all other cases, the sum of $100.

8.6

This clause 8 survives the termination of these Terms.

9.
Indemnity

9.1

You agree and acknowledge that You will fully indemnify Us in respect of all Loss, damages, costs and expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings however arising, whether at common law (including negligence) or under statute, in connection with:

  1. any breach of these Terms by You;

24.

Your use of the Site or Service Content, including any wrongful, wilful or negligent act or omission;

25.

Your communications with Us; or

26.

Your use of Third Party Sites linked to the Site,

except to the extent caused or contributed to by Our breach of these Terms, Our negligence or wilful misconduct, or Our breach of Law.

10.
Termination of Your access to the Site

10.1

We may at any time immediately terminate Your access (including restricting access) to the Site or any feature of the Site, and any Service Content, for any reason (including due to Your breach or alleged breach of these Terms in our sole discretion and without prior notice.

11.
International Use

11.1

We make no representation or warranty that any competition, offering or content accessible through the Site is appropriate or available for use in locations outside Australia. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Site from any location where doing so would be illegal.

12.
Data and Valuations Disclaimer:

12.1

Automotive Data Services Pty Ltd (RedBook) provides data and valuations on the Site. RedBook is not liable for any loss or damages relating to your use of this data.

12.2

You may only use RedBook data and valuations for personal and non-commercial purposes. Any other use requires our written approval.

13.
Cost, Savings, and Quotes Disclaimer:

13.1

Quotes, costs, and savings provided are indicative and subject to change. You should seek independent advice before relying on any information provided.

14.
General

14.1

No adverse construction

These Terms, and any provision of these Terms, are not to be construed to the disadvantage of a party because that party was responsible for its preparation.

14.2

No waiver

  1. A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by these Terms does not operate as a waiver of that power or right.

27.

A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms.

28.

A waiver of a breach does not operate as a waiver of any other breach.

14.3

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

14.4

Successors and assigns

These Terms bind and benefit the parties and their respective successors and permitted assigns under clause 14.5 .

14.5

No assignment

You cannot assign or otherwise transfer the benefit of these Terms without Our prior written consent. We are permitted to assign or otherwise transfer the benefit of these Terms without Your prior consent.

14.6

Communication and Notice

You consent to Us contacting You via telephone and SMS, mail, and electronic means including through email.

14.7

Governing Law and jurisdiction

  1. These Terms are governed by and must be construed in accordance with the laws of Victoria, Australia.
  2. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, its performance or subject matter.

29.

Each party waives any rights to:

30.

object to the venue of any proceedings; or

31.

claim that the proceedings have been brought in an inconvenient forum or that the courts of another place are a more convenient forum,

if the proceedings have been brought in a court referred to in clause  1.1(b) .

14.8

Operation of indemnities

Unless these Terms expressly provide otherwise:

  1. each indemnity in these Terms survives the expiry or termination of these Terms; and

32.

a party may recover a payment under an indemnity in these Terms before it makes the payment in respect of which the indemnity is given.

15.
Privacy

15.1

For the purposes of this clause 15 :

  1. Personal Information means Information or an opinion (including Information or an opinion forming part of a database), whether true or not, and whether recorded in a material form, electronic form or otherwise, about an identified individual or an individual who is reasonably identifiable, and includes anything that is defined as personal information or as sensitive information in the relevant Privacy Laws.
  2. Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi- governmental body which relates to privacy or health Information, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and any Australian (including State or Territory) legislation from time to time in force which relates to or affects privacy rights or Personal Information.

15.2

Any Personal Information submitted by you (whether Personal Information of you or another individual which you have the necessary consents to provide) to Us may be handled as contemplated by Our Privacy Policy (which can be found athttps://novatedchoice.com.au/privacy-policy) and as otherwise permitted by applicable Privacy Laws. You agree that, by using the Site or communicating with Us, you have read the Privacy Policy, understood its contents and consented to its requirements.

15.3

You must not upload any Personal Information of another individual to the Site unless you first make them aware of Our Privacy Policy and have their consent to upload such Personal Information.

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