Conditions of Use

General

The Power Alliance Finance (PAF) Website is a service provided by Australian Alliance Automotive Finance Pty Limited for the following purposes:

  1. informing its Customers,
  2. enabling Customers to provide information to Power Alliance Finance and
  3. providing information and commercial services to Business Partners.

By accessing or otherwise using the PAF Website you agree to be bound by these conditions of use and you acknowledge that PAF provides the PAF Website to you on these conditions of use. PAF is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the PAF Website at any time without notice. Your continued use of the PAF Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

 

Intellectual Property Protection

PAF owns all intellectual property in the PAF Website, unless indicated otherwise. Subject to these conditions of use, PAF grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the PAF Website.
  • Use information directly accessible through the PAF Website.

You agree that, subject to your use of the PAF Website in accordance with the limited licence granted to you, you will not infringe PAF’s intellectual property in the PAF Website and will not modify, copy, republish, frame, distribute or communicate any part of the PAF Website or any information contained therein or otherwise use them in a way which will infringe PAF’s intellectual property or other property rights.

 

Disclaimer

Except as provided by law, the PAF Website is provided “as is” and without any warranty or condition, express or implied. PAF does not warrant that the information contained in or accessible through the PAF Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does PAF guarantee continuous, uninterrupted or secure access to the PAF Website. You acknowledge that access and use of the PAF Website (including the software operating in connection with the PAF Website) may be interfered with by numerous factors outside of PAF’s control. PAF does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the PAF Website. Subject to the provisions of the Trade Practices Act 1974, PAF makes no representations or warranties in respect of the information and materials available on the PAF Website or the means of accessing that information and material (including the software operating in connection with the PAF Website). PAF makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than PAF which are or may become linked or framed to or from the PAF Website.

 

Use of Information

If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the PAF Website, you agree that such Content will be available to PAF to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services PAF considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the PAF Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the PAF Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant PAF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

 

Limitation of Liability

You agree that PAF is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the PAF Website, the use by PAF of information provided by you to PAF through the PAF Website or any such loss or damage which may arise should you be unable to access the PAF Website, for whatever reason and however arising, including negligence.

To the extent that PAF is able to limit the remedies available under these conditions of use, PAF expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at PAF’s sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify PAF against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Links

You must not establish links on any other website to the PAF Website or any other part or parts of the PAF Website without the prior written consent of PAF. If you would like us to link to your website, please contact to sign up to our Standard Linking Agreement.

 

Breach and termination

If you breach any provision of these terms of use PAF may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the PAF Website. In any event, PAF may terminate these terms of use (and your right to use the PAF Website) at any time and for any reason without prior notice to you.

 

Choice of Law and Use of PAF Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. PAF has designed the PAF Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the PAF Website outside the Commonwealth of Australia. The PAF Website is available only to people in Australia who can form legally binding contracts under applicable law.

 

No agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and PAF by these terms of use.

 

Defined Terms

Business Partner: means any licensed PAF motor dealer to whom PAF grants access to the Business Partner section of the PAF Website and includes officers agents and employees of the licensed motor dealer.

Customer: means existing or potential customers of PAF or persons accessing or otherwise using the PAF Website for domestic or commercial purposes, other than Business Partners.

PAF: means Power Alliance Finance, a division of Australian Alliance Automotive Finance Pty Limited  ACN 002 407 703

PAF Website: means the website accessible through the following address www.poweralliancefinance.com.au operated by of Australian Alliance Automotive Finance Pty Limited  ACN 002 407 703

you: means Business Partners or Customers of PAF as the case may be.