You represent that you have the legal right and power to enter into these Terms and Conditions and perform your obligations under them and that you are at least 18 years of age.
Trade Ledger provides digital lending facilitation services, but is not itself a lender nor is it registered or licensed by any government authority in respect of the services it provides. Trade Ledger’s technology is designed to help persons get simple and efficient cash flow solutions from lenders and:
Trade Ledger may:
You agree that you may be required to submit personal, financial, contact and other information, in order to use the Trade Ledger website or for Trade Ledger to provide its services, and you agree that any such information submitted to Trade Ledger will be accurate and kept up to date.
Without receiving the prior written consent of Trade Ledger, you agree not to:
Although Trade Ledger makes every effort to ensure the accuracy and currency of information contained on the Trade Ledger website, such information may not be accurate, exhaustive or up to date in all instances at all times or that it is suitable in your circumstances. Trade Ledger does not warrant the quality, accuracy, reliability or completeness of any information on the Trade Ledger website, or these Terms and Conditions either express or implied.
Trade Ledger makes no representations, warranties or guarantees, either express or implied:
The Trade Ledger website may contain links or other references to websites of third parties, including lenders, funding providers, finance solution providers or other persons, however, Trade Ledger:
Trade Ledger does not guarantee the results of any services provided, including with any lenders, finance solution providers or other persons, or in respect of whether any options available are the best terms available. Trade Ledger does not have any control over the criteria that such third parties may use and those third parties are solely responsible for their services and relationships with you. Trade Ledger does not recommend or endorse any service, product or offer of any such third party and is not liable for any loss, costs, expenses, damages related to your relationship with any of them.
Trade Ledger expressly disclaims any liability whatsoever for or in respect of the content of, or the results of using, the Trade Ledger website and the content of any third party websites to which the Trade Ledger website links.
In no event will Trade Ledger be liable to you or any other person, directly or indirectly, for any loss, damage, cost or expense whatsoever, including any loss of profits, business interruption, loss of data, information being obtained by others or otherwise:
No information, services, products or materials provided or contained in the Trade Ledger website is intended to constitute legal, professional or other expert advice and you agree and acknowledge that reliance on any such information, services, products or materials is at your sole risk. Trade Ledger therefore disclaims all liability and responsibility arising from any reliance placed on such information, services, products or materials by any person. You should seek appropriate legal advice from a qualified legal practitioner about any legal issues.
All intellectual property rights (including rights relating to copyright, future copyright, trademarks, logos, designs and patents) in the Trade Ledger website and the information and other material appearing on or contained in the Trade Ledger website are vested in Trade Ledger and/or its affiliates or licensors.
You agree and acknowledge that you must not and must not participate in or permit any other person, to:
No licence or rights in any such intellectual property rights are granted to or conferred on you.
No part of material covered by copyright should be copied or reproduced in any form or by any means without the written permission of the owner of the copyright material.
The Trade Ledger name and any logo on the Trade Ledger website and the domain name are trademarks owned by Trade Ledger. You agree not to use, reproduce, publish, modify or distribute any Trade Ledger trademarks, logos or designs contained on the Trade Ledger website without first obtaining the prior consent of Trade Ledger.
The Trade Ledger website is subject to change at any time at the discretion of Trade Ledger without prior notice. You may not alter, change, modify or adapt the Trade Ledger website or any content of the Trade Ledger website.
Trade Ledger takes all reasonable steps to:
Trade Ledger does not ensure or warrant the security of any information you provide to us, and you do so at your own risk.
You are granted a non-exclusive, revocable licence to access the Trade Ledger website under these Terms and Conditions. By accessing or using the Trade Ledger website, you agree to these Terms and Conditions. Trade Ledger may terminate your use of the Trade Ledger website if you are in breach of any of the Terms and Conditions or if it determines to terminate your licence for any reason whatsoever.
By providing the information and material that you post or supply to the Trade Ledger website, you grant to Trade Ledger an unrestricted, irrevocable, royalty free, worldwide, perpetual, non exclusive licence to use, reproduce, display, transmit, sell and distribute that information and material, including copyright material.
You indemnify Trade Ledger, its directors, officers, agents, employees and contractors against any loss, damage, cost or expense whatsoever, including any loss of profits, business interruption, loss of data, information being obtained by others or otherwise, howsoever caused, arising from any use of the Trade Ledger website, or any breach by you of these Terms and Conditions, or your negligence, or by your violation of any law or the rights of a third party, or in respect of the use of any information, products, services or materials contained in the Trade Ledger website or reliance on any of them.
To preserve the good name and reputation of Trade Ledger and persons who use the Trade Ledger website, Trade Ledger reserves the right at any time, at its discretion, for any reason whatsoever, to:
Any such suspension, termination or cancellation does not affect any accrued rights or remedies you or Trade Ledger may have.
Payments: If any payment for services, products or other materials is required, such payment must be made in accordance with the terms set out by Trade Ledger in a separate arrangement or agreement.
Indirect or consequential loss: Trade Ledger is not liable for any indirect or consequential loss of any kind (including loss of profit) howsoever arising from the breach or non-performance of any obligations under these Terms and Conditions, even if it has been specifically advised of the risk of that indirect or consequential loss.
Waiver and Exercise of rights: Waiver of any of these Terms and Conditions must be in writing and signed by Trade Ledger. Failure to exercise or enforce any right does not constitute a waiver of such right. A single exercise of a power or right does t preclude any other exercise of it or the exercise of any other power or right.
Severability: If any of the provisions of these Terms and Conditions become invalid, void or unenforceable, then such provision is to be construed as severed and the remainder of the provisions will continue in full force and effect.
Assignment: Neither you nor the persons you represent may assign your or their rights and obligations under these Terms and Conditions without the prior written consent of Trade Ledger. Trade Ledger may assign its rights and obligations under these Terms and Conditions without the consent from you or any other person.
Consent: Any reference to obtaining the consent of Trade Ledger is a reference to its proper written consent which may be withheld at its discretion and it is not obliged to give its reasons for doing so. If any such consent is expressed to be subject to conditions and those conditions are not strictly complied with, such consent will be deemed not to have been given.
Entire agreement: These Terms and Conditions constitute the entire agreement between Trade Ledger and you and all previous understandings, agreements and negotiations or oral representations or modifications cease to have effect.
Relationship: Nothing contained in these Terms and Conditions is to be deemed to constitute a partnership, agency or joint venture between Trade Ledger and you or any other person.
Binding: These Terms and Conditions will be binding on you and your respective heirs, personal representatives, executors, administrators, successors and assigns.
Relationship: Trade Ledger is not and cannot be taken to be an employee, servant or agent of, or be in partnership with or in a joint venture relationship with you or any lender.
You consent to receive communications and the services from Trade Ledger electronically, including on or through the Trade Ledger website and your email address and you agree to conduct business with Trade Ledger over the internet. You agree that all notices, agreements or other communications provided to you electronically will satisfy any legal requirement that the communication be in writing and will be deemed to
have been received by you when it is sent to your email address or when it is posted on the Trade Ledger website, as the case may be.
Notices: Trade Ledger may send you notices, statements or communications by mail or email or by posting on the Trade Ledger website. You may provide notice to Trade Ledger as follows:
Trade Ledger Pty. Ltd. ACN 614 059 737
Level 5, 11 York Street,
Sydney, NSW, 2000
Tel: 0401 478 677
Governing law: The laws of New South Wales govern these Terms and Conditions.
Definitions and interpretation:
In these Terms and Conditions:
“Trade Ledger” means Trade Ledger Pty. Ltd. ACN 614 059 737 and any assignee pursuant to these Terms and Conditions, from time to time;
“website” means any website through which Trade Ledger provides services to you;
“you” means each person who uses the Trade Ledger website; a reference to these Terms and Conditions or any other document includes any variation or supplement to, or replacement of it from time to time;
“including” is to be taken to be followed immediately by “but not limited to”;
“person” includes a person, firm, trust, company, partnership, joint venture, unincorporated association, institute, university, corporation, authority, any governmental agency or any other body corporate;
words importing a gender include any gender;
where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
words importing the singular include the plural and vice versa;
headings are inserted for convenience and do not affect the interpretation of these Terms and Conditions.