Securegistry Pty Ltd ACN 616 322 484 (“eGuarantee”) requires that you accept and comply with these Terms of Use when you access and use eGuarantee’s website www.eguarantee.com.au (the “Website”) and/or mobile application (“App”). The Website and the App together are the “Services”. By using any of the Services, including accessing the Website or downloading and activating the App, you accept and agree to these Terms of Use. If you do not accept and agree with or do not understand these Terms of Use, you must not use any of the Services. 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.
In these Terms of Use:
In applying for a Lease Bond you acknowledge andagree that:
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”). Subject to these Terms of Use, eGuarantee grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use the Content directly accessible through the Services. Unless you have agreed otherwise in writing with eGuarantee, nothing in these Terms ofUse gives you a right to use any of eGuarantee’s trade names, trade marks, service marks, logos, domain names or other distinctive brand features. 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.
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:
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. When you upload or otherwise submit User Content via the Services, you give eGuarantee a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide licence to host, store and reproduce such User Content to the extent necessary to provide the Services. It is your responsibility to ensure you have all necessary rights to grant us this licence for any User Content that you submit (including, without limitation, by reproducing, changing, and communicating the content to the public). This licence will survive any termination of these Terms of Use.
We may permit intermediaries to access the Platform on your behalf. Intermediaries who access the Platform are bound by these Terms of Use. 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:
By using the Services, you agree that you must not:
In using the Services you acknowledge and agree:
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:
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.
You agree that eGuarantee is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of theseTerms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Use. 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):
We will collect personal information about you when you use the Services. This information will be collected, stored, used and disclosed in accordance with our Privacy Policy, which can be accessed at https://www.eguarantee.com.au/privacy.
We may, in our absolute discretion, change or terminate any of the Services at any time. These Terms of Use terminate automatically if, for any reason, we cease to operate the Services. We may, in our absolute discretion, amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of the Services after any such change to these Terms of Use creates an agreement by you to abide by and be bound by these Terms of Use, as amended. Where any provision of the Terms of Use is prohibited, void or unenforceable in a jurisdiction, such provision is severed from the Terms of Use and the remaining provisions of the Terms of Use remain binding and enforceable.
If you breach any provision of these Terms of Use, we may immediately issue a warning and/or temporarily suspend or permanently prevent your access to all or certain parts of the Services and claim damages for any loss suffered arising from your breach of the Terms of Use. Further, if you breach any provision of these Terms of Use we may commence proceedings, including proceedings seeking interlocutory or injunctive relief, to enforce our rights, powers and remedies provided for in these Terms of Use and our rights, powers or remedies provided by law independently of these Terms of Use.
You must not assign, sub licence or otherwise deal in any other way with any of your rights under these Terms of Use.
These Terms of Use are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
From time to time we may update these Terms of Use.These Terms of Use were last updated on 24 January 2022.
eGuarantee acknowledges the Traditional Owners of the lands across Australia as the continuing custodians of Country and Culture. We pay our respect to First Nations peoples and their Elders, past and present.
eGuarantee’s lease bond solution is issued by Assetinsure – Australia and New Zealand’s largest provider of surety bonds – as agent on behalf of international A+ S&P rated insurer HDI Global Specialty SE.
