By accessing www.cashtrain.com.au you agree and accept the following conditions:
This agreement applies as between you, the User of this Web Site and Online Loans Pty Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
In this Agreement the following terms shall have the following meanings:
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
"Online Loans Pty Ltd" means Online Loans Pty Ltd;
"Service" means collectively any online facilities, tools, services or information that Online Loans Pty Ltd makes available through the Web Site either now or in the future;
"System" means any online communications infrastructure that Online Loans Pty Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User/Users" means any third party that accesses the Web Site and is not employed by Online Loans Pty Ltd and acting in the course of their employment; and
"Web Site" means the website that you are currently using (www.cashtrain.com.au) and any other domains owned by Online Loans Pty Ltd unless expressly excluded by their own terms and conditions.
2.1 The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Web Site Content is owned by either Online Loans Pty Ltd, its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Web Site.
2.2 You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Web Site or expressly authorised in writing by Online Loans Pty Ltd or the owner of the copyright subsisting in the Content. The use of materials from the Web Site on any other web site or networked computer environment is similarly prohibited. You must not use the Web Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Online Loans Pty Ltd or the owner of the copyright subsisting in the Content or which is prohibited by these Terms and Conditions.
2.3 All rights not expressly granted in the Terms and Conditions are reserved.
2.4 Online Loans Pty Ltd is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other web sites by linking that material.
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Online Loans Pty Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Should you wish to make a complaint, please contact us via one of the addresses below:-
a) In writing:
The IDR Officer
Commit Co Pty Ltd
Level 4, 25 Prowse Street
West Perth WA 6005
Australia
b) E-Mail:complaints@commitco.com.au
C) Telephone: 08 9420 1401
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. You can view the Privacy Policy here.
6.1 Online Loans Pty Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Online Loans Pty Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8.1 The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Online Loans Pty Ltd of goods or services on the Web Site which cannot be excluded, restricted or modified (Non-excludable Rights). Online Loans Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
8.2 Except as provided for by the Non-excludable Rights Online Loans Pty Ltd does not warrant or represent that:
8.2.1 the content will not cause any damage;
8.2.2 the functions contained in any Content, or your access to the Web Site, will be reliable, uninterrupted or error-free;
8.2.3 any defects will be corrected; or that the Web Site or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors;
8.2.4 Online Loans Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Web Site (including any related or linked web sites) the functionality of links to other web sites, the security of those web sites or the reliability or accuracy of the information contained on those web sites; or
8.2.5 The nature of any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
8.3 You should make your own inquiries before entering into any transaction on the basis of the Contents. Online Loans Pty Ltd does not check the accuracy of the Contents and neither Online Loans Pty Ltd nor any other party providing material displayed on the Web Site is under any obligation to give notice of any corrections or amendments.
8.4 Under no circumstances (including but not limited to any act or omission on the part of Online Loans Pty Ltd) will Online Loans Pty Ltd be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Online Loans Pty Ltd does not exert control over users of the Web Site and is not liable either for their opinions or their behaviour including any information or advice and any defamatory statements, or offensive or illegal conduct.
8.5 The fullest extent permitted by law, Online Loans Pty Ltd's liability for breach of any implied warranty or condition which cannot be excluded is limited to the supply of the services again.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to complaints@commitco.com.au. Such notice will be deemed received 3 days after posting if sent by first class port, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
These terms and conditions and the relationship between you and Online Loans Pty Ltd shall be governed by and construed in accordance with the Law of Western Australia and Online Loans Pty Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Western Australia.