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Terms of Use |
About This Web Site
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This is a web site operated by Esanda Finance
(ABN 64 004 346 043) ( "ESANDA" ) under the domain name
"www.esanda.com" ( "ESANDA Web Site"). Your use of the information,
graphics and materials on the ESANDA Web Site ( "Material on this web
site ") is governed by these Terms of Use and the Privacy and
Security Statement. In addition to the terms contained in this
document, there are also specific terms which form part of the Terms
of Use and govern your use of, and access to, certain sections of the
ESANDA Web Site. Since you are also bound by these additional terms,
you should review them wherever they are accessible by you on the
ESANDA Web Site.
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Links To Other Web Sites
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The ESANDA Web Site may contain links to other
web sites operated by third parties ( "Third Party Web Sites" ).
ESANDA does not endorse, or approve of the operators of Third Party
Web Sites, or the information, graphics and material on those Third
Party Web Sites ( "Third Party Material" ).
Subject to any applicable law which cannot be excluded, ESANDA
makes no warranties or representations:
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regarding the quality, accuracy, merchantability or fitness
for purpose of Third Party Material or products or services
available through Third Party Web Sites; or |
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that Third Party Material does not infringe the intellectual
property rights of any person. ESANDA is not authorising the
reproduction of Third Party Material by linking Material on this
web site to Third Party Material. |
When you follow a link on the ESANDA Web Site,
material at a Third Party Web Site may be displayed in your browser
framed by Material on this web site. This material is also Third
Party Material for the purpose of these Terms of Use.
All offers to sell and statements relating to goods and services
available on Third Party Web Sites are the responsibility of and
given by the Third Party Web Site operator. Insofar as such offers
and statements are made on the ESANDA Web Site, such offers and
statements are made by ESANDA on behalf of the operator. ESANDA
expressly disclaims acting in any other respect on behalf of Third
Party Web Site operators.
ESANDA may receive payments from operators of Third Party Web Sites
in relation to goods or services supplied by the operator as a result
of you linking to the Third Party Web Site from the ESANDA Web Site.
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Third Party Software
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Unless otherwise indicated software downloads
available via links from the ESANDA Web Site are third party products.
These products may be subject to a licence agreement between you and
the relevant product owner. To the extent permitted by law, ESANDA
accepts no liability in respect of such third party products and
ESANDA provides no warranty and gives no endorsement in respect of
such products or any party connected with them. We do, however,
welcome your feedback or suggestions concerning these products.
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ESANDA Product Information and Supply
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Material on this web site may contain general
information about ESANDA products and services. Unless expressly
stated otherwise, this information:
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does not constitute an offer or
inducement to enter into a legally binding contract; and |
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does not form part of the terms and
conditions for ESANDA products and services. |
For further information about a particular
product or service please complete the e-form on the product or
service page. All applications for credit are subject to ESANDA's
normal credit approval criteria.
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Warranties
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While we have made every effort to ensure that
information is free from error, ESANDA does not warrant the accuracy,
adequacy or completeness of Material on this web site.
All information is subject to change without notice. ESANDA recommends
that you seek independent advice before acting upon Material on this
web site or Third Party Material.
ESANDA does not guarantee that the ESANDA Web Site or Third Party Web
Sites will be free from viruses, or that access to the ESANDA Web
Site or Third Party Web Sites will be uninterrupted.
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Limitation of Liability
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Subject to any responsibilities implied by law
and which cannot be excluded, no member of ESANDA is liable to you
for any losses, damages, liabilities, claims and expenses (including
but not limited to legal costs and defence or settlement costs)
whatsoever arising out of or referable to Material on the ESANDA Web
Site or to Third Party Material, whether in contract, tort including
negligence, statute or otherwise.
Liability of any member of ESANDA 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 ESANDA’s option, to:
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the supply of the goods or services again; |
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the repair of the goods; or |
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payment of the cost of having the goods
or services supplied again or repaired. |
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Termination
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These Terms of Use (and the agreement
constituted by your use of the information, graphics and materials
on the ESANDA Web Site) and your access to the ESANDA Web Site may
be terminated at any time by ESANDA without notice. All restrictions,
licences granted by you and all disclaimers and limitations of
liability by ESANDA will survive termination, however, you will no
longer be authorised to access the ESANDA Web Site.
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Copyright and Trademarks
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Copyright in the Material on this Web Site is
owned or licensed by ESANDA.
Except where necessary for viewing the Material on this web site on
your browser, or as permitted under the Copyright Act 1968 (Cmwth)
or other applicable laws or these Terms of Use, no Material on this
web site may be reproduced, adapted, uploaded to a third party,
linked to, framed, performed in public, distributed or transmitted
in any form by any process without the specific written consent of
the ESANDA.
"ESANDA", and all associated trademarks, are trademarks of Esanda
Finance Corporation Limited.
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Linking To ESANDA Web Site
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Please contact ESANDA if you would like to
place a link to any part of the ESANDA Web Site.
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Acceptance and Changes To Terms of Use
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You acknowledge and accept that your use of
the ESANDA Web Site indicates your acceptance of these Terms of Use
and the Privacy and Security Statement.
These are the current Terms of Use. They replace any other terms of
use for the ESANDA Web Site published on the ESANDA Web Site to date.
ESANDA may at any time vary the Terms of Use by publishing the varied
Terms of Use on the ESANDA Web Site. You accept that by doing this,
ESANDA has provided you with sufficient notice of the variation.
ESANDA reserves any rights not expressly granted in these Terms of
Use.
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Date of Publication – 1 August 2000 - Version 1
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