Terms of use

1. This website

1.1    
The website [m.bendigobank.com.au] (this “Website") is owned and operated by [Bendigo and Adelaide Bank Limited (ABN 11 068 049 178)] (“we”/“us”/”our”), on our behalf and that of our related bodies corporate (together the “Bendigo and Adelaide Bank Group"). Our registered office is at The Bendigo Centre, Bendigo, Victoria, Australia 3550.

1.2    
The following Website Terms of Use, the Security Statement, notices, disclaimers and any other rules of use contained on this Website (together the “Terms of Use”) govern your access to and use of this Website, and the information, content, graphics, animation, videos and other materials made available on or through this Website (together the “Website Content”). These Terms of Use are a legal agreement between you and us, and by using this Website you accept these Terms of Use and changes to them that we may make from time to time. You should review these Terms of Use carefully prior to using this Website and check periodically for any changes. If you do not agree with these Terms of Use you are not authorised to use this Website.

2. Changes to these Terms of Use

2.1
We reserve the right to change these Terms of Use at any time. The current version of the Terms of Use will always be posted on this Website, and will cancel and replace any previous version(s). By continuing to use this Website after the posting of such changes, you agree to be bound by the changes.

3. Our Privacy and Credit Reporting Policies

3.1
Please review each of our Privacy Policy and Credit Reporting Policy (together the “Policies”), which also govern your use of this Website, to understand how Bendigo and Adelaide Bank Group manages your personal information (including your personal information when you apply for or hold credit facilities with us). The Policies are located at [www.bendigobank.com.au/public/privacy-policy]. By using this Website, you indicate that you understand and consent to the collection, use, and disclosure of your personal information in accordance with our Policies.

4. Our rights in, and restrictions on your use of, this Website

4.1
All trade marks, logos, the Website Content (including the structure and layout of this Website) and software used on this Website are our intellectual property or that of our partners. We grant you a non-exclusive, non-transferable, limited right to access and use this Website, view the Website Content on your screen and print copies of such Website Content, solely for your personal, non-commercial use, and provided that you comply fully with these Terms of Use.

4.2
You agree not to use this Website to upload, post, e-mail or otherwise transmit any:

  1. information, material or content of whatever kind or form (the “User Content”) that: 
    • is unlawful, harmful, threatening, abusive, harassing, defamatory, offensive or discriminatory;
    • infringes any intellectual property rights (or other rights) of any person;  and
    • contains software viruses or any other malware designed to interrupt, damage, destroy or limit the functionality of any computer software, hardware or system;
  2. unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.

4.3
As a condition of your use of this Website, you acknowledge and agree that you will not:

  1. use, sublicense, retrieve, publish, perform, display, modify, copy, print, sell, distribute, transmit, download, reverse engineer or create extracts of, or derivative works from, this Website or the Website Content (except to the extent necessary to access the Website and to view the Website Content on your browser or as otherwise permitted by applicable copyright legislation), without our prior specific written permission;
  2. impersonate any person or entity, including, but not limited to, an authorised Bank officer of us;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through this Website;
  4. interfere with, damage, disable, overburden or otherwise disrupt this Website, or infrastructure used by this Website or interfere with any other person’s use of this Website or its associated services;
  5. use this Website or any Website Content for any purpose that is unlawful or prohibited by these Terms of Use;
  6. obtain or attempt to obtain any Website Content through any means not intentionally made available or provided through this Website;
  7. use any robot, spider, other automatic device, or manual process to monitor or copy web pages from this Website or any Website Content; or
  8. "stalk" or otherwise harass, threaten or intimidate any person or internet user.

4.4    
Prior to you uploading, posting, e-mailing or otherwise transmitting any User Content on or through this Website, you must obtain all necessary permissions from any individuals identified in the User Content. You grant us a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sub-licenseable right and licence to use, modify and create derivative works from such User Content (in whole or in part) for Bendigo and Adelaide Bank Group’s business purposes.

4.5
The supply, maintenance and cost of any equipment and services required by you to access this Website is your responsibility.

5. Third Party Websites

5.1    
This Website may contain links or feeds to, or frame, other websites owned, controlled or operated in whole or in part by third parties ("Third Party Websites"). Any links or feeds to, or framing of, any Third Party Websites are provided solely for your convenience and information. The Bendigo and Adelaide Bank Group do not control the content of Third Party Websites, and do not examine their content or have any influence on their content or other characteristics, and you acknowledge and agree that any access and use you make to them is entirely at your own risk.

5.2    
Neither: 

  1. our provision of a link or feed to a Third Party Website; nor
  2. reference on this Website to the products and services of the operator of such a site,

implies any endorsement, recommendation, authorisation or sponsorship by us of that site, its operator or the products and services offered through it, nor does it imply that we are affiliated with the third party operator.

6. Registration and Security

6.1    
If we permit you to create an account on this Website, this is for your personal use only and is non-transferable. You agree to provide accurate, current and complete information about yourself (and the entity you represent) as requested or directed on this Website and to promptly update this information to maintain its accuracy. We may suspend or terminate your registration and your use of this Website, if we suspect that such information is inaccurate or incomplete.

6.2
You must not authorise or permit any other person to use your account. You must protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

7. Product and Services Information

Products and services displayed or offered on this Website contain general information about Bendigo and Adelaide Bank Group products and services. This information:

  1. does not constitute an offer or inducement to enter into a legally binding contract (unless expressly stated otherwise);
  2. does not form part of the terms and conditions for Bendigo and Adelaide Bank Group products and services (unless expressly stated otherwise); and
  3. has been prepared without taking into account your objectives, financial situation or needs. Before acting on the basis of this information, you should consider (with or without the assistance of an adviser) how appropriate it is having regard to your objectives, financial situations and needs. You should obtain the disclosure document (including Product Disclosure Statement where applicable) relating to a product or service referred to on this Website before making any decision about whether to acquire that product or service.

8. Disclaimer

8.1
While we take reasonable steps to ensure that the Website Content is free from errors or omissions or is suitable for your intended use, we do not represent or warrant the accuracy, adequacy or completeness of the Website Content, any Third Party Websites, or that this Website or any Third Party Websites will be available, uninterrupted, timely, secure or error-free.

8.2
We recognise the community concern in the transmission of computer viruses. We utilise up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. However, we do not guarantee or warrant that this Website, the Website Content, the servers on which it operates, or any Third Party Website, will be free from viruses, worms, “Trojan horses,” or other destructive materials. We are not responsible or liable for any damages or harm attributable to such features.

8.3
Subject to any terms implied by law and which cannot be excluded, under no circumstances will we or any member of the Bendigo and Adelaide Bank Group, be responsible or liable to you or anyone else (whether in contract, tort, including negligence, for breach of statutory duty or otherwise) for any loss, damage, cost or expense (whether direct or indirect) relating to or arising out of your use, or inability to use, this Website, the Website Content or any Third Party Websites. You acknowledge and agree that your use of this Website, the Website Content or any Third Party Websites is at your sole risk and are provided on an "as is" and "as available" basis. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and we do not promise any specific results from use of this Website, the Website Content or any Third Party Websites.  Our and any member of the Bendigo and Adelaide Bank Group’s liability 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 our option, to:

  1. the supply of the goods or services;
  2. the repair of the goods; or 
  3. the payment of the cost of having the goods or services supplied again or repaired.

8.4
You will indemnify us against all claims and liabilities (including reasonable legal fees) directly or indirectly related to your use of this Website and/or breach of these Terms of Use.

9. Modifications to this Website

9.1
We may at any time modify, discontinue, temporarily suspend or permanently remove this Website or the Website Content (or any part thereof), or your access to this Website, with or without notice. You agree that Bendigo and Adelaide Bank Group will not be liable to you or any third party for any modification, suspension or discontinuance under this clause.

10. Termination

10.1
You acknowledge and agree that these Terms of Use and your access to this Website may be terminated at any time by us without notice for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. All clauses in these Terms of Use which are stated or intended to continue after termination will continue to apply. Bendigo and Adelaide Bank Group will not be liable to you or any third party for any termination of your access to this Website.

11. Jurisdiction

11.1
These Terms of Use are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia.

12. General

12.1
We may assign or novate these Terms of Use in whole or part to any person. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect. Any failure by either party to exercise or enforce any right or provision of these Terms of Use does not mean this is a “waiver” (i.e. that it cannot be enforced later). We reserve any rights not expressly granted in these Terms of Use.

Date of Publication - 28 August 2014
Version - 1

Copyright © Bendigo and Adelaide Bank Limited ABN 11 068 049 178