Terms & Conditions
Parker Lane website terms and conditions as at October 2018
Introduction
These terms and conditions apply to this website and any other websites (including any microsites and mobile websites) (Website) operated by or on behalf of Upside Downside Pty Ltd (ABN 35 608 107 428, Australian Credit Licence 482276) (Upside Downside) and its related bodies corporate. Parker Lane is a trading name of Upside Downside. In this document, any reference to ‘Upside Downside’, ‘Parker Lane’, ‘we’, ‘us’ and ‘our’ are references to Upside Downside and any related bodies corporate. You are responsible for all of your activity in connection with accessing and using the Website. By using the Website, you accept these terms and conditions, our privacy policy, disclaimers and any other terms and conditions on the Website, which may change at any time without notice. If you disagree, you must not use the Website. We may terminate your access to the Website without notice if you breach these terms and conditions. We reserve the right to change or discontinue any feature on the Website, the availability of the Website and any software required to access it. In the case of any breach of these terms and conditions, we reserve the right to seek all remedies available at law or in equity.
User name and password
We may issue you with a user name and password in order to access some parts of the Website, and you are responsible for maintaining the confidentiality of your user name and password.
General information
The Website is intended for use within Australia. Any information and offers on the Website are only valid for Australian residents unless otherwise stated.
The information on the Website is of a general nature (for example, regarding our products and services) and does not comprise professional advice or product recommendation. In preparing the information on the Website (including any information which you may obtain by using any online tool such as calculators), we have not taken into consideration your objectives, financial situation or needs.
The information on the secured parts of the Website (that is, after you have signed in with a username and/or password or via other forms of authentication), we may provide information more tailored to your needs. You should still carefully consider its appropriateness (such as having regards to your circumstances) before acting on it.
Unless otherwise stated, any quote that you may obtain on the Website is for illustrative purposes only. Any estimated interest rate, repayments and similar amounts are exactly that – an estimate only. Any actual interest rate, repayments and similar amounts will depend on the credit assessment conducted on your application. Terms, conditions, fees and charges may apply.
You should carefully consider whether the information on the Website is appropriate to you in light of your particular objectives, financial situation and needs. We recommend you review any relevant disclosure document relating to a product or service and obtain professional advice before making any financial decision.
We may provide you with an online application form. All applications are subject to normal approval criteria.
Privacy
We may pass on the information (including personal information) that you supply on the Website to relevant participating finance brokers, lenders and other service providers if you choose to do so on the Website. You are then responsible for dealing with these parties in (for example) applying for relevant financial products or using their financial services. Please see our privacy policy www.parkerlane.com.au/privacy which explains how we treat your personal information. Our privacy policy also includes our credit reporting policy, that is, it covers additional information on how we manage your personal information collected in connection with a credit application or a credit facility.
Licence to use website
Unless otherwise stated, we own the intellectual property rights in the Website and material on the Website. All our rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to any restrictions set out below and elsewhere in these terms and conditions.
You must not use or duplicate the Website, or material on the Website for any other purpose without our express written consent.
All names, logos and trade marks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
Acceptable use
You must not use the Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus or any other malware. You must not conduct any systematic or automated data collection activities of any type on or in relation to the Website without our express written consent.
You must not bypass any security mechanisms imposed by the Website, or tamper with, hinder the operation of or make unauthorised access or modifications to the Website.
You agree to indemnify us and keep us indemnified against all actions, claims, costs, demands, damages (including legal costs on a full indemnity basis) or liability incurred or arising relating to your use of or inability to use the Website, your use of any information contained in it, and/or liability arising in any manner from a breach by you of these terms and conditions.
These terms and conditions do not exclude, restrict or modify the provisions, available rights or remedies, or our liability under the Australian Consumer Law or any other applicable laws, where doing so would contravene the applicable laws or make any part of these terms and conditions void.
No warranties
We use reasonable efforts to maintain the Website. However, the Website is provided ‘as is’. We do not (1) guarantee the security of the Website or the security of any information that you transmit using the Website, that the Website will be free from viruses, or that access to the Website will be uninterrupted; (2) give any warranties or representations on the quality, accuracy or completeness of the information on the Website; (3) accept any responsibility arising in any way including by reason of negligence for, errors in, or omissions from, the information on the Website; and (4) accept any liability for any loss or damage (including but not limited to incidental, direct, indirect, special, punitive or consequential), however caused, as a result of any person relying on any information on the Website or being unable to access the Website. All warranties and conditions (whether express or implied) are excluded to the extent permitted by law.
Use of the content on the Website and any use of the Website is at the user's sole risk. For example, as you may not always be able to access the Website as a result of scheduled or unscheduled maintenance, or for other reasons, you should consider this in situations that are time-sensitive such as when you need to provide us with information by a particular date and time.
Third party websites and third party content
The Website may contain links to, or display content from, third parties (Other Content) which we provide for your convenience. We do not operate or control third party websites and we do not endorse or approve any Other Content; we make no warranties or representations regarding their quality, accuracy or completeness. Accessing these links and the use of these Other Content are solely at your own risk; we accept no responsibility and will not be liable for any loss or damage whatsoever suffered as a result of you doing so.
Third party websites will each have their own privacy policy. Please ensure that you have read and fully understand their privacy policy prior to using their site.
Limitation of liability
If you have rights in relation to the supply of services that cannot lawfully be excluded, to the extent permitted by law, our liability in respect of any such right is limited to the lesser of (a) the supply of the services again or (b) the payment of the cost of having them supplied again. If you have rights in relation to any information used by you as a consequence of your use of the Website that cannot lawfully be excluded, to the extent permitted by law, our liability in respect of any such right is limited to the lesser of (a) the price paid by you for that information or (b) [A$1,000].
Law and jurisdiction
Use of the Website and these terms and conditions are governed and interpreted in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia for determining any dispute concerning these terms and conditions.
Privacy and cookies
We are committed to protecting your privacy. Please see our privacy policywww.parkerlane.com.au/privacy which explains how your personal information will be treated, including when you access and interact with the Website. You will also find information regarding cookies (and targeting and remarketing) in our privacy policy. Please also see below under ‘Data collection by conversion tracking’ that relates to cookies.
Our privacy policy may change from time to time (and so may these terms and conditions (as explained above)).
Data collection by conversion tracking
In addition to matters referred to or covered by our privacy policy, the Website may use a cookie to measure advertising performance if we have opted in to conversion tracking on search and advertising service providers such as Google and its AdSense partner’s websites. By way of example, the conversion tracking cookie is set when a user clicks on an ad delivered by Google where we have opted in to tracking. Generally, these cookies expire within 30 days and are not personally identifiable. We use the information collected to provide aggregate conversion statistics. We are able to see the total number of users who have clicked on our ad and proceeded to a page tagged with a conversion tracking tag, but do not have access to personally identifying information. If you want to disable conversion tracking cookies, you can set your browser to disable cookies.
Further information
We have taken all reasonable care in compiling the content of the Website but we cannot guarantee that it would contain all the information you need to answer all your questions. For information and assistance, please contact us on 1300 13 17 11. All product related information is subject to change at any time without notice.