AGF Charter Finance Pty Ltd Terms of Use

About this website

This is a web site operated by AGF Charter Finance Pty Ltd (ABN 13 140 664 802) (“AGF Charter Finance Pty Ltd”), under the domain name “www.agfcharter.com.au” (“AGF Charter Finance Web Site”). The AGF Charter Finance Web Site is operated on behalf of AGF Charter Finance Pty Ltd. Your use of the information, graphics and materials on the AGF Charter Finance 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 AGF Charter Finance Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the AGF Charter Finance Web Site.

Links to other web sites

AGF Charter Finance Web Site may contain links to other web sites operated by third parties (“Third Party Web Sites”). AGF Charter Finance Pty Ltd 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, AGF Charter Finance Pty Ltd makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or that Third Party Material does not infringe the intellectual property rights of any person. AGF Charter Finance Pty Ltd 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 AGF Charter Finance 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. In so far as such offers and statements are made on the AGF Charter Finance Web Site, such offers and statements are made by AGF Charter Finance Pty Ltd on behalf of the operator. AGF Charter Finance Pty Ltd expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

AGF Charter Finance Pty Ltd 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 AGF Charter Finance Web Site.

Third party software

Unless otherwise indicated software downloads available via links from the AGF Charter Finance 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, AGF Charter Finance Pty Ltd accepts no liability in respect of such third party products and AGF Charter Finance Pty Ltd 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.

AGF Charter Finance PTY LTD product information and supply

Material on this web site may contain general information about AGF Charter Finance Pty Ltd products and services. Unless expressly stated otherwise, this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the terms and conditions for AGF Charter Finance Pty Ltd products and services.

For further information about a particular product or service please contact us. Material on this web site does not apply to products obtained through AGF Charter Finance Pty Ltd direct.

All applications for credit are subject to the ultimate financier’s normal credit approval criteria.

Warranties

While we have made every effort to ensure that information is free from error, AGF Charter Finance Pty Ltd does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. AGF Charter Finance Pty Ltd recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. AGF Charter Finance Pty Ltd does not guarantee that AGF Charter Finance Web Site or Third Party Web Sites will be free from viruses, or that access to the AGF Charter Finance Web Site or Third Party Web Sites will be uninterrupted.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of AGF Charter Finance Pty Ltd 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 AGF Charter Finance Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of AGF Charter Finance Pty Ltd 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 AGF Charter Finance Pty Ltd’s option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the payment of the cost of having the goods or services supplied again or repaired.

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the AGF Charter Finance Web Site) and your access to the AGF Charter Finance Web Site may be terminated at any time by AGF Charter Finance Pty Ltd without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by AGF Charter Finance Pty Ltd will survive termination, however, you will no longer be authorised to access the AGF Charter Finance Web Site.

Jurisdiction

Unless expressly agreed otherwise the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Western Australia and Australia.

Copyright and Trademarks

Copyright in the Material on this Web Site is owned or licensed by AGF Charter Finance Pty Ltd.

Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) 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 from AGF Charter Finance Pty Ltd.

“AGF Charter Finance Pty Ltd”, and all associated trademarks, are trademarks of AGF Charter Finance Pty Ltd.

Linking to AGF Charter Finance web site

Please contact AGF Charter Finance Pty Ltd if you would like to place a link to any part of the AGF Charter Finance Web Site.

Acceptance and changes to Terms of Use

You acknowledge and accept that your use of the AGF Charter Finance 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 AGF Charter Finance Web Site published on the AGF Charter Finance Web Site to date. AGF Charter Finance Pty Ltd may at any time vary the Terms of Use by publishing the varied Terms of Use on the AGF Charter Finance Web Site. You accept that by doing this, AGF Charter Finance Pty Ltd has provided you with sufficient notice of the variation.

AGF Charter Finance Pty Ltd reserves any rights not expressly granted in these Terms of Use.