In order to use some of the Services, you will need to create a user account (“Account”) under your organisation’s profile, by requesting access from an active and authorised user on your organisation’s profile. Where your organisation does not already have a profile, you may need to create one. Only employees and other authorised staff members and intermediaries of an organisation may create an Account.
- references to ‘you’, ‘your’, and ‘yours’ arereferences to the person and organisation accessing the Services; and
- references to ‘we’, ‘us’ and ‘our’ are references to eGuarantee; and
- references to ‘intermediaries’ means third parties (such as agents, tenant reps and brokers) appointed by you to apply fora Lease Bond on your behalf or who introduce you to us.
In applying for a Lease Bond you acknowledge andagree that:
- applying for a Lease Bond; and
- making a claim pursuant to the Lease Bond;
- cancelling a Lease Bond; and
- renewing a Lease Bond,
can be managed by the relevant party via thePlatform in the manner set out on the Platform
You acknowledge and agree that eGuarantee is the owner of or is licensed to use all legal right, title and interest in and to the Services and all information and content available on or through theServices (“Content”).
Unless you have been expressly authorised to do so in writing by us, you agree that, in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in away that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You agree that you will not infringe eGuarantee’s intellectual property in the Services or the Content and will not modify, copy, republish, frame, mirror, distribute or communicate any part of the Services or theContent, or any information contained in them, or otherwise use the Services or the Content in a way which will infringe eGuarantee’s or any third party's intellectual property or other rights.
Third party Websites
You acknowledge that the Services may contain links to third party websites. You acknowledge that eGuarantee provides links solely as a convenience to you and is not responsible for, and provides no warranty or representation nor accepts any liability in respect of, any third party websites. eGuarantee has no control over third party websites and, accordingly, you access, use and/or rely upon the content of those websites at your own risk. eGuarantee expressly disclaims any liability whatsoever in respect of any loss, damage, costs or liability you may suffer through access to or use of any third party websites.
The Services are provided to, and can be used by, eGuarantee customers free of charge. Fees may be charged in the future for certain types of users. We will discuss this with you in advance, if necessary.
You agree and understand that you are responsible for maintaining the confidentiality of your password and any device which you use to access your Account.
You must memorise your password or store your password in a safe and secure place.You agree that you will be solely responsible to eGuarantee for all activities that occur under your user name or other Account details.
If you become aware of any unauthorised use of your password, or your Account or your mobile device, you agree to notify us immediately.
Our Services allow you to submit content (“User Content”).
You must not add any User Content to the Services:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence orin breach of privacy;
- that would bring eGuarantee, or the Services, into disrepute; or
- that infringes the intellectual property or other rights of any person
You are liable for any User Content which you upload, transmit or otherwise submit to or communicate via the Services. If we receive any notice of alleged infringement of any rights (including intellectual property rights) by you, then we may remove the relevant User Content and/or suspend or terminate your access to the Services and you agree to indemnify us for our losses as a result of any alleged or actual infringement.
We may permit intermediaries to access the Platform on your behalf.
We may provide incentives directly or indirectly to intermediaries who introduce you to us or the Platform or who apply for a Lease Bond on your behalf.
Any incentive we provide to an intermediary is funded by us and does not affect the price of the Lease Bond or the amount payable by you.
You represent and warrant to us that:
- you have consent from your client or employer to receive an incentive from us.
By using the Services, you agree that you must not:
- provide eGuarantee with any information that is false, misleading or incomplete;
- use your Account for any activity that is fraudulent, improper or illegal;
- permit anyone else to access or use your Account;
- invite or grant access to your organisation’s profile to any unauthorised users (including any users who are not staff members of the organisation);
- use your organisation’s profile except for the purposes for which you are authorised to do so by your organisation;
- use any data mining, screen scraping or similar software or other data gathering, analysis or extraction tools or processes in respect of the Services;
- distribute viruses, trojans, spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of our Services;
- use the Services in any manner that could damage, disable overburden, compromise or impair eGuarantee’s systems or security or interfere with other users;
- encourage, advise or otherwise assist a party who has participated on the eGuarantee Platform or used the Services to cancel, terminate or revoke its involvement on the eGuarantee Platform or use of the Services;
- other than with the consent of eGuarantee, employ or make any offer of employment to personnel of eGuarantee; or
- develop or implement a platform that replicates, or has substantially the same functionality as, the eGuarantee Platform theServices or Content.
In using the Services you acknowledge and agree:
- eGuarantee is not the issuer of the Lease Bond;
- eGuarantee is under no obligation to accept for upload to your Account any Lease Bond which was not generated by using the Services;
- any renewal of a Lease Bond uploaded to your Account must be made through the use of the Services;
- that eGuarantee provides a mechanism for beneficiaries of a Lease Bond to submit claims pursuant to the Lease Bond and cancel a Lease Bond in the manner set out in the Services.
Except as provided by law, the Services and theContent are provided ‘as is’ and without any guarantee, warranty or condition, express or implied. Without limitation but subject to the Competition and Consumer Act 2010 (Cth), eGuarantee does not guarantee or warrant:
- that the information contained in or accessible through the Services, or any Content, is accurate, suitable for your purposes or without errors, omissions;
- the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through theServices or any Content; or
- continuous, uninterrupted or secure access to the Services or any Content.
Please seek the advice of appropriate professional advisers to evaluate any opinion, advice, product, service, or other content that may be made available or otherwise included on the Services.
Limitation of liability
- the use of the Services or Content;
- the use by eGuarantee of information provided by you to eGuarantee through the Services or any Content; and
- being unable to access the Services for whatever reason and however arising, including (without limitation) negligence.
eGuarantee expressly limits its liability for breach of a condition or warranty implied ora consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at eGuarantee's sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the payment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services,
- the supply of the services again;
- or the payment of the cost of having the services supplied again.
We may, in our absolute discretion, change or terminate any of the Services at any time.