These Terms and Conditions apply to the use of this Website. In using this Website and any of our products and services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website or any of our products and services.
In these Terms and Conditions:
1.1 “Consumer Guarantees” means any non-excludable warranty, term or guarantee implied by the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) or comparable state and territory fair trading legislation.
1.2 “we”, “us”, “our” and “NOW FINANCE” are references to Wingate Consumer Finance Pty Ltd ACN 158 703 612 and WCF Marketing Pty Ltd ACN 614 887 875 and in the context of the provision of credit facilities, means Wingate Consumer Finance Pty Ltd, Australian Credit Licence number 425142 as agent for Wingate Finco 2 Pty Ltd ACN 164 213 030.
1.3 “Website” means our website located at http://nowfinance.com.au; and
1.4 “you” and “your” are references to you as the user of the Website.
2. Your use of the Website
2.1 You are provided with access to and are authorised to download or print a copy of material contained on this Website only for your personal use. You may not, without our written permission, on-sell any information obtained from this Website. You may not use any data mining robots or other extraction tools, nor metatag or mirror the Website without our prior written permission.
2.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
2.3 You must not use this Website:
(a) in breach of any laws or regulations;
(b) to transmit unsolicited emails/spam; or
(c) to defame, abuse, harass, threaten or otherwise harm any person.
3. Disclaimers / Information appearing on the Website
3.1 Nothing on this Website constitutes an offer or intention to enter into a legally binding contract or arrangement with you or any third party for any products or services.
3.2 All products and services referred to on the Website are available to approved customers only.
3.3 You accept that any information provided by us is general information and is not in the nature of advice. Any information provided on the Website is not intended to be used as a substitute for obtaining personalised professional advice from a qualified practitioner or other expert. Further, you should contact us for specific information about our products and services.
3.4 All information appearing at the Website is provided in good faith. While we have no reason to believe that any particular information (including but not limited to any product description) contained on this Website is inaccurate, to the extent permissible at law (including the Consumer Guarantees) we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3.5 The Website may contain information provided by third party financial institutions, billing organisations and others, in connection with the products and services we provide. We reserve the right to change as we see fit financial institutions, billing organisations and others referred to (and information about them).
3.6 Without limiting any other provision of these Terms and Conditions, we are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and amend or alter it as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes. Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice.
3.7 If tools are provided on this Website (e.g. calculators) they are for illustrative purposes and the results that they provide should not be taken as constituting personalised advice. You should not rely on, and we do not guarantee the accuracy or completeness of, any such tools.
3.8 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
3.9 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. Subject to the Consumer Guarantees, to the maximum extent permitted by law, neither we, nor any of our officers, employees, principals or contractors, have any liability to you in contract, tort, statute or in any other way (whether arising from negligence or otherwise) for any damage or loss of any kind whatsoever (including any liability for direct, indirect, incidental, special or consequential loss, or loss of profits, loss of revenue or business opportunities, goodwill, costs, charges or expenses) sustained by you for any reason, including your use of or access to the Website (or any website linked to in the Website) or any of our products or services.
3.10 To the extent permitted by law (including the Consumer Guarantees), any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation (including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth)) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (such as the Consumer Guarantees), that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law.
3.11 This Website and the products and services referred to are directed towards and intended for users located in Australia only.
4. Intellectual property rights
4.1 Copyright in this Website (including text, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website. If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.
4.2 “NOW FINANCE” is a trademark of Wingate Consumer Finance Pty Ltd, Australian Credit Licence number 425142 as agent for Wingate Finco 2 Pty Ltd ACN 164 213 030, and may not be used except with our prior written consent.
4.3 Without limiting our rights, all trademarks, brands and logos that appear on the Website are either owned by us or we have a licence to use them. Your access to and use of our Website does not license you to use those trademarks, brands and logos.
5. Restrictions on Use and Conduct
5.1 From time to time we may include functionality for users to upload material to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not:
(a) upload, post, transmit or otherwise make available on the Website any content that promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness, or personal information of another person without their consent, contains pornography, nudity, sexual acts or references, contains profanities, swearing, or vulgarity, you reasonably suspect to be misleading, false or deceptive (whether by representations or omissions) or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
6.1 You agree to fully indemnify, hold harmless and defend us and our officers, employees, principals and contractors (in this clause referred to as those indemnified) against all losses, whether direct or indirect, including all liabilities, expenses, costs, loss or damage, including consequential loss (including all legal costs determined on a full indemnity basis) suffered or incurred by any of those indemnified as a result of, or arising out of, or in connection with, your use of the Website and/or any breach of these Terms and Conditions. To the extent that the indemnity in this clause refers to persons other than us, we hold this indemnity on trust for those other persons.
7.1 This Website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
7.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
7.3 You may link to our Website with our written consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
8.1 You acknowledge that we may handle personal information in accordance with our respective privacy policies which may be accessed as set out below:
(a) https://nowfinance.com.au/privacy-policy (for NOW FINANCE excluding WCF Marketing Pty Ltd)
(b) https://nowfinance.com.au/privacy-policy (for WCF Marketing Pty Ltd).
9. Termination of Access
9.1 The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice. Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
10. Governing Law
10.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia.
11. Amendments to Terms and Conditions
11.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. If you have bookmarked this Website or these Terms and Conditions you will need to ensure that the bookmarked version has been updated so that you are complying with the most recent version of these Terms and Conditions, as your access to and use of the Website is governed by the most recent version. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.
(c) a reference to any law, legislation, legislative provision, statute, regulation or code includes any statutory modification, amendment or re–enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision, and any re-statement of a code;(c) a reference to any law, legislation, legislative provision, statute, regulation or code includes any statutory modification, amendment or re–enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision, and any re-statement of a code;
(d) an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency; and
(e) a reference to the word “include” or “including” is to be interpreted without limitation.