Loans123 Pty Ltd ACN 626 143 333 Australian Credit licence number 512 846 is pleased to provide you with access to the network of websites and related services owned or operated by us.
By accessing or using any of the above sites you agree to be bound by these terms and conditions of use referred to in these terms and conditions.
We publish or make available on our sites information, advertisements, product and offers, vehicle data, valuations, Software and links and other content supplied by us and third parties.
Loans 123 Pty Ltd does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on our network or on any web site that links from our sites.
Use of the loans 123 sites is intended for your personal use.
You must not without the prior written approval of Loans 123 Pty Ltd:
i. modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material;
ii. use or attempt to use any material published on any of our sites to create any web site or publication or searchable database;
iii. mirror or frame any web site or page from our sites;
iv. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any material.
v. transfer or sell any information, functionality or products or services offered.
vi. undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If we consider, at our absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to our interests, then we reserve the right to immediately terminate your right to access and use the loans 123 sites at any time and reserve the right to take any action it deems necessary or desirable to prevent such action.
Whilst we take care to ensure that the material on our sites is correct, current and free from errors, Loans 123 Pty Ltd does not warrant the accuracy or completeness of or the representations made in the material.
You are responsible for assessing the accuracy of the material provided and rely on it at your own risk.
The services and material made available on our sites are provided in good faith and as general information only. The services and material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.
You must keep your username and password to access any of our sites secure and confidential and not provide those details to any third party under any circumstance.
You represent and warrant that you accept all liability for any unauthorised use of any username and password issued to you.
If goods and services are offered on or through our sites by third parties (sellers):
Vehicle pricing exclude government and statutory charges (unless otherwise stated);
i. You are responsible for making all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests including the Personal Property Securities Register or otherwise;
ii. We do not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
iii. We will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
We may augment information supplied by sellers. This information is supplied by third parties and in the case of motor vehicles is based on model and year.
Whilst wacars.com.au requests sellers check this information, it may be possible for information to be inaccurate.
We strongly recommend that you check with the seller that all information in relation to their goods and service is accurate.
Our Liability to You is Limited
Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are HEREBY EXCLUDED.
To the full extent permitted by the law, we will only be liable to you:
i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability is limited, at Loans 123 Pty Ltd option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply;
ii. subject always to: if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by us.
Except to the extent that liability cannot be excluded, we will not be liable to you:
for claims arising out of or in connection with your access and use of the Loans 123 Pty Ltd sites and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
To the full extent permitted by law, we will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or) For the purposes of this section, the term Loans 123 Pty Ltd will mean www.wacars.com.au www.wacarlocator.com.au www.loans123.com.au www.freecreditreport.com.au www.mycredithealthcheck.com.au or any sites added from time to time, its officers, employees, contractors and agents, whether individually or collectively.
Copyright, Trademarks and Licence
Material on our sites is © Loans 123 Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Loans 123 Pty Ltd.
Unless otherwise indicated on our sites, the material is owned by or licensed to Loans 123 Pty Ltd and is subject to copyright.
i. only copy or reproduce the Copyright Material for the purpose of browsing our sites or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
ii. not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify us, our officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty.
How we interact and communicate with you.
We may provide you with the ability to communicate with us, any of the sites we promote, sellers, advertisers and users of our sites and services through ( but not limited to) agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging.
You acknowledge that any communication or contact may be public and not private communications. Further, you acknowledge that any contact or communication may be collected, stored and scanned by us.
You should not however, consider any communication to have been reviewed, screened, or approved by our sites.
By contacting us and using the communication channels on our sites is conditional on You not do any of the following:
i. transmit any information or material which is knowingly incorrect, misleading or deceptive;
ii. transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material otherwise deemed by Loans 123 Pty Ltd to be threatening, hurtful or otherwise inappropriate;
iii. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
iv. use our sites and services for any unlawful purpose;
v. post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights.
vi. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of our sites or infrastructure;
vii. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
viii. advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by us.
ix. download any file posted by another user of our services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
x. excessively use any of the services provided in a manner which may hinder or prevent us from providing services to any other persons or which may threaten the integrity or use by any person of any of sites.
xi. authorise, aid, abet encourage or incite any person to do any of the above acts.
xii. Engage in, promote, pass on or encourage any form of cyber bullying or vilification.
Loans 123 Pty Ltd may, but has no obligation to, review your use of sites being promoted and the services used by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
Software and code Services
(a) Any software, including HTML code and ActiveX controls, that is made available to download from our sites (“Software”) is owned by Loans 123 Pty Ltd and/or its suppliers.
(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
(c) If there is no License Agreement, we grant you a personal, non-transferable license to use the Software for viewing and otherwise using the information on our sites in accordance with these terms and conditions, and for no other purpose.
You must not:
i. copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
ii. reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
iii. introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
iv. sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
Redbook Data Services
(a) Automotive Data Services Pty Ltd trading as RedBook has prepared data and valuations from information gathered from a variety of sources that may be displayed on our sites.
Whilst all care is taken in producing the data and valuations, RedBook does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information.
(b) RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.
12. Loans 123 Pty Ltd Your Privacy
14. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
15. We May Change These Terms and Conditions
Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
(b) We may cease to provide you with access to the sites we control or any of our services without notice.
(c) All rights not expressly granted are reserved.
16. Contact Us
If you have a question, problem or complaint or need to contact us:
2 Cargill Street
1800 100 100