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Website Terms Of Use

Business Fuel Finance Pty Ltd (ACN 629 419 021) and Business Fuel (Cash Advance) Pty Ltd (ACN 135 483 626) (BF) owns and operates this website, www.businessfuel.com.au (Website). Access to and use of this Website and the products and services available through this Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use). In these Terms of Use, “us”, “we” and “our” means BF and its related companies. By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. However, if the amendments are material, we will provide you with reasonable notice before the changes take effect. Your continued use of the Website after the changes take effect will represent an agreement by you to be bound by the terms and conditions as amended.

Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website.

Linked sites

Our Website may contain links to other websites (Linked Sites), which we do not operate. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

Online Accounts

To apply for a loan or to be a broker partner, you must create a customer/broker account on the Website. To create an account, you must:

  1. be at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with us; and
  3. complete your details in the manner required on the Website.

You must keep your password secure at all times. You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.

You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.

Privacy Policy

Our Privacy Policy, which sets out how we collect, use and disclose your information, can be found at https://businessfuel.com.au/privacy-policy/ . By using this Website, you consent to the processing of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.

Prohibitions

  1. You must not misuse this Website. In particular, you must not:
    1. commit or encourage a criminal offence;
    2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive, obscene, racist, discriminatory, threatening, pornographic or which may incite violence;
    3. hack into any aspect of the Service or corrupt data;
    4. infringe upon any other person’s proprietary rights;
    5. do any act which would constitute a breach of privacy;
    6. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
    7. attempt to affect the performance or functionality of any computer facilities of, or accessed through, our Website.
  2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content

  1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on our Website (Content).
  2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the terms and conditions set out in these Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.
  3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
  4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

Disclaimer of liability

  1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
  2. To the fullest extent permitted by law, BF hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  3. This does not affect BF’s liability for death or personal injury arising from BF’s negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Indemnity

You agree to indemnify, defend and hold harmless BF, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of the Terms of Use.

Variation

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Jurisdiction and governing law

Your use of our Website and these Terms of Service are governed by the laws in force in Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Last updated: 7 December 2020