1.2 Our liability to you in contract, tort
(including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended.
2 Website disclaimer
2.1 At our absolute discretion we may change our policies and procedures in respect of errors and complaints
3. Disclaimer of Liability
3.2 GEMt Pty Ltd makes no representations or warranties of any kind, express or implied, concerning the operation of this site, or any related information, content, materials or products, except as required under applicable laws.
3.3 GEMt Pty Ltd shall not be held liable for any improper or incorrect use of the materials, products, services or information described and/or contained in this site and assumes no responsibility for the user’s use of them. In no event shall GEMt Pty Ltd be liable for any direct, indirect, incidental, special, exemplary or consequential damages including, but not limited to, procurement or substitute goods or services, loss of use, data, or profits, or business interruption.
3.3 This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
3.4 GEMt Pty Ltd does not warrant or make any representations regarding the use or the results of the use of the materials, products, services or information in this site. Changes may be periodically made to the content of our materials, products, services or information in this site and these changes may or may not be reflected in the materials or information as presented in the site. Additionally, due to the dynamic nature of the Internet, materials and information freely available one day may be restricted the next day, or undiscoverable due to changes in the organization of menus, homepages or files.
4. Personal Information
4.1 GEMt Pty Ltd has various ways in which we collect information, including:
(a) Information provided through the completion of application/registration forms for products/services we provide;
(b) Information you enter on our web site;
(c) From third parties such as credit reporting agencies; etc
(d) Directly from you via phone/e-mail/letters;
(e) From our existing records on how you use our services;
4.2 GEMt Pty Ltd assures all users of our site that we only collect personal information that is necessary for us to carry out the various functions and activities we undertake for the benefit of our clients. We take all possible steps to ensure that client information is not disclosed or accessed by unauthorised parties.
4.3 Where information disclosure is necessary to fulfil our business commitments to you we may disclose information to persons involved in administering the services, our related entities and business partners.
4.4 Sensitive information is only disclosed when it relates to serious injury, death, or law under Commonwealth Government legislation.
(a) When providing the products/services you request;
(b) To conduct credit-worthiness checks through credit reporting agencies;
(c) For possible fraud investigations;
(d) For cross marketing by informing you of other services available to you via GEMt Pty Ltd or related company products;
(e) For the distribution of newsletters/flyers;
(f) To provide upgrades/maintenance to our products/services;
(g) To government and regulatory authorities and other organisations, as required or authorised by law;
(h) For the purpose of financing products supplied by GEMt Pty Ltd.
5. Data Security
5.1 You acknowledge that we may allow access to the services offered on this site to anyone who enters a valid GEMt Pty Ltd username and password. You’re Username and password is simply our way of identifying you. It does not offer you any protection or security if your username and password is stolen or used by another party other than yourself.
5.2 GEMt Pty Ltd will take all reasonable steps to keep our client’s personal information secure. Only authorised GEMt Pty Ltd personnel are provided access to personally identifiable information in order to perform their roles and these employees have agreed to ensure the confidentiality of this information. You can also help us keep your personal information secure by ensuring that any password you use on our web sites are kept strictly confidential, and by always logging off if you are using a shared computer. Please notify us immediately if there is any unauthorised use of your account.
6. Restrictions on Use of Materials
6.1 This site is operated and maintained by GEMt Pty Ltd. No material or information from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed unless it has been authorized and approved in writing by GEMt Pty Ltd
7. Disclaimer of Endorsement
7.1 Reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by GEMt Pty Ltd
7.2 GEMt Pty Ltd is not responsible for the contents of any off-site materials referenced. The user specifically acknowledges that GEMt Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties, and that the risk of injury from the foregoing rests entirely with the user.
7.3 Links from this site to other sites on the Web do not constitute an endorsement from GEMt Pty Ltd. These links are provided for informational purposes only. It is the responsibility to the user to evaluate the content and usefulness of materials or information obtained from other sites.
8. Applicable law
8.1 Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).
8.2 This site may be accessed throughout Australia and overseas. Without limiting the above disclaimer, GEMt Pty Ltd makes no representations that the content of this site complies with the laws, including intellectual property laws, of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the site or where anything you publish or upload can be accessed.
9.1 To the extent permitted by applicable law, user agrees to defend, indemnify and hold harmless, GEMt Pty Ltd or its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the user’s use of this site or materials and information contained herein.
10. Trade marks
10.1 This site contains registered trade marks and other trade marks that are protected by law. Except as expressly authorised by GEMt Pty Ltd in writing, the use of any of these trade marks is strictly prohibited.
11.1 GEMt Pty Ltd cannot guarantee that any file or program available for access, download and/or execution from or via this site is free from viruses or other conditions that could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site and you release GEMt Pty Ltd entirely from all responsibility for any consequences of its use.
12. Relationship with GEMt Pty Ltd
12.1 Use of our name or brands, or any names or logos is strictly prohibited. You must not use the GEMt Pty Ltd logo in any manner that states or implies that any person, website, business or product or service is endorsed or sponsored by or otherwise affiliated with us or any of our subsidiaries or affiliates.
13. Disclaimer of warranties
13.1 Except as expressly otherwise provided in these terms and conditions, and to the extent permitted by law, we make no representations or warranties of any kind to you, whether express or implied, regarding the GEMt Pty Ltd service, customer service functions, or any other subject matter of these terms and conditions, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.