Gem Visa Terms & Conditions
Terms and Conditions for Gem Visa website
Please read these terms carefully before using this site. The Gem® Visa Web site is provided by Latitude Financial Services Australia Holdings Pty Ltd (ABN 46 603 161 100 ) and Latitude Finance Australia (ABN 42 008 583 588) ("we/us/our"). By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site
Subject to the terms and conditions set forth in this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
We authorise you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
SUBJECT TO ANY APPLICABLE PROVISIONS OF THE TRADE PRACTICES ACT 1974 (CTH), WHICH CANNOT BE MODIFIED OR EXCLUDED, THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
As a convenience to you, we may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of ours or any of our affiliates or subsidiaries.
Information provided by youUnless you are applying online or using the online Service Centre, we do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any such information or materials that you or individuals acting on your behalf provide to us will not be considered confidential or proprietary. By providing any such information or materials to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us. You further recognise that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitation of damages
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of our Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. We may terminate the authorisation, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International users and choice of law
This Site is controlled, operated and administered by us from our offices within the Commonwealth of Australia. We make no representation that materials at this site are appropriate or available for use at other locations outside of the Commonwealth of Australia and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Australian export laws and regulations. If you access this Site from a locations outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between us and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within the period provided by any applicable statute of limitations. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Mobile Application Users - Limitation of Liability
If you have accessed this information via a mobile application program (“App”), your access to, and use of this App is at your own risk. We acknowledge, however that certain statutory warranties cannot be excluded. Without limiting the above, we make no warranties or representations as to the accessibility, security, stability or reliability of this App and we specifically disclaim any liability or responsibility for any App faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the App.
Terms and Conditions for Gem Visa Mobile Application
In this document:
- we/us means Latitude Financial Services Australia Holdings Pty Ltd (ABN 46 603 161 100) and Latitude Finance Australia (ABN42 008 583 588), Australian Credit Licence number 392 145); and
- you means you, the user, of this page.
- App means Mobile Application.
THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR ACCESS TO, AND USE OF, THIS APP. IN ACCESSING OR USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.
We may at any time change, modify, add or remove portions of these terms and conditions. If you use this App in the future, you may wish to look at these terms and conditions as they may have changed.
4. Use of this App
We do not represent or warrant that this App will be error-free or defect-free or that errors or defects will be corrected and we specifically disclaim any liability or responsibility for any App faults, failures or interruptions or the accuracy, timeliness, completeness or security of any communications transmissions of data. To the maximum extent permitted by law, we shall not be liable for any loss or damage of any kind (including, without limitation, liability to a third party) which you may suffer or incur as a result of such activity. You must use this App for lawful purposes only and in compliance with all applicable laws. You must not misuse, in any way, this App or any materials available through this App (including, without limitation, copying, adapting, reproducing, storing, distributing, printing, displaying, performing, publishing, communicating to the public or creating derivative works of the whole or any part of those materials except as expressly permitted by, or as is reasonably contemplated by, the normal use of this App). Your use of this App is also governed by the iTunes Store terms and conditions and you should familiarise yourself with those terms.
We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information on, or available through, this App. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.
None of the information on this App is intended to constitute financial or professional advice. To the maximum extent permitted by law, we shall not be liable for any loss or damage of any kind (including, without limitation, liability to a third party), howsoever caused (including through our negligence), suffered or incurred by you arising from or in connection with your access to, or use of, this App. The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded.
To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these terms and conditions by any legislation (Statutory Warranties) is hereby excluded. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to one or more of the following: (a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and (b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again. You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
7. Limited licence
We grant you a non-exclusive, non-transferable, limited right to access and use this App. You may view and download materials available through this App only for your personal, non-commercial use.
All copyright in any materials provided by us on this App (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions, you must not, in any form, or by any means, copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public or create derivative works of the whole or any part of, or commercialise the whole or any part of, these materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
9. Trade marks
Trade marks used on this page are a trade mark or registered trade mark of us or its respective owner. If you use any trade marks owned by us in reference to us, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in, or as the whole or part of, your own trade marks, or in connection with any business, products or services which are not ours, or in a manner which is or may be confusing, misleading or deceptive to any person, or in a manner which disparages us or this page.
11. General provisions
If we waive, in whole or part, any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any provision of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
The laws governing these terms and conditions will be the laws in the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.