This website is operated by FlexiRent Capital Pty Ltd ABN 93 064 046 046 (“FlexiRent”) under the domain name “www.smartway.com.au” (“SmartWay Website”). Your use of and reliance on the information, graphics and materials on the SmartWay Website (“Material on this website”) is governed by these Terms of Use and SmartWay’s Privacy Statement.

In addition to the terms in this document, there may also be specific terms governing your use of, and access to, certain sections of the SmartWay Website. Those specific terms also form part of these Terms of Use and you will be bound by them. You should review them wherever they are accessible by you on the SmartWay Website.

LINKS TO OTHER WEBSITES

The SmartWay Website may contain links to other websites operated by third parties (“Third Party Websites”). Any such links are provided for convenience only. SmartWay does not endorse, approve of or recommend those Third Party Websites, and is not responsible for the information, graphics and material they contain (“Third Party Material”).

All offers and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. In so far as such offers and statements are made on the SmartWay Website, such offers and statements are made by SmartWay on behalf of the Third Party Website operator. SmartWay expressly disclaims acting in any other respect on behalf of Third Party Website operators.

Subject to any rights at law which cannot be excluded, SmartWay makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
• that Third Party Material does not infringe the intellectual property rights of any person.

When you follow a link on the SmartWay Website, Third Party Material may be displayed in your browser framed by Material on this website. This material is also Third Party Material for the purpose of these Terms of Use.

By linking Material on this website to Third Party Material, SmartWay does not authorise the reproduction of Third Party Material. If you download software from a Third Party Website, use of that software may be subject to a licence agreement between you and the Third Party Website operator. To the extent permitted by law, SmartWay accepts no responsibility or liability for that software.

SmartWay may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the SmartWay Website.

SMARTWAY PRODUCT INFORMATION AND SUPPLY

Material on the SmartWay website may contain general information about SmartWay products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter into a legally binding contract;
• does not form part of the terms and conditions for SmartWay products and services; and
• is not intended to be financial advice and does not take into account any user’s objectives, financial situation or needs.

All information is subject to change without notice. SmartWay recommends that you seek independent advice before acting upon Material on this website or Third Party Material. For further information about a particular product or service please contact SmartWay on 1300 888 779.

All applications are subject to SmartWay’s normal credit approval criteria.

Unless expressly agreed otherwise, products and services referred to on the SmartWay Website will be provided only to Australian and New Zealand citizens and permanent residents. These products and services are generally not available to non-Australian residents because they have to comply with Australian laws.

WARRANTIES

While we have made every effort to ensure that information is free from error, SmartWay does not warrant the accuracy, adequacy, suitability or completeness of Material on the SmartWay Website. Use of the SmartWay Website is at your own risk. SmartWay does not guarantee that the SmartWay Website or Third Party Websites will be free from viruses, that the SmartWay Website will be available, or that access to the SmartWay Website or Third Party Websites will be uninterrupted. You are responsible for taking appropriate precautions for the protection of your computer system and data.

LIMITATION OF LIABILITY

Subject to any rights implied by law which cannot be excluded, SmartWay is not liable to you, whether in contract, tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:

• your use of the SmartWay Website;
• Material on this website;
• any variation, suspension or termination of use of the SmartWay Website;
• your use of Third Party Websites; or
• Third Party Material.

SmartWay’s liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at SmartWay’s option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the cost of having the goods or services supplied again or repaired.

TERMINATION

Your use of and access to the SmartWay Website may be terminated at any time by SmartWay without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by SmartWay will survive termination.

JURISDICTION

Unless otherwise stated, the information on the SmartWay Website is provided in compliance with Australian law and is only intended for persons within Australia. The SmartWay Website may not comply with the laws of countries other than Australia and is not directed at, and should not be relied upon by, persons in any other country.

COPYRIGHT AND TRADE MARKS

Copyright in the Material on this website is owned by or licensed to SmartWay.

Except where necessary for viewing the Material on this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of SmartWay.

You must not use any trade mark displayed on the SmartWay Website in any way without our express written consent.

PRIVACY AND USE OF THE SMARTWAY WEBSITE

SmartWay does not collect any personal information about you when you use the SmartWay Website unless:

• you provide it to us by completing an online application or online form or supplying us with your email address; or
• you log on and use the services available on the SmartWay Website.

SmartWay does gather statistical information about use of the SmartWay Website, including by the use of cookies, however none of this information allows SmartWay to identify a user.

SmartWay may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect personal information.

If you use a link from the SmartWay Website to a Third Party Website, the Third Party Website operator is responsible for the security and privacy of your information when you are viewing that website.

You should review SmartWay’s Privacy Policy for more information about how SmartWay deals with your personal information.

LINKING TO THE SMARTWAY WEBSITE

Please contact SmartWay’s Marketing Department if you would like to place a link to any part of our website. You must not link to the SmartWay Website without our express permission.

ACCEPTANCE AND CHANGES TO TERMS OF USE

You acknowledge and agree that your use of the SmartWay Website indicates your acceptance of these Terms of Use and the Privacy Policy as varied from time to time.

These are the current Terms of Use. They replace any other terms of use for the SmartWay Website published on the SmartWay Website to date. SmartWay may at any time vary the Terms of Use by publishing the varied Terms of Use on the SmartWay Website. You accept that by doing this, SmartWay has provided you with sufficient notice of the variation. Your subsequent use of the SmartWay Website constitutes acceptance of the varied Terms of Use.

SmartWay reserves any rights not expressly granted in these Terms of Use.

FlexiRent Capital Pty Ltd holds Australian Credit Licence No 394735

Subject to approval. Fees, terms & conditions apply. Tax deductions may apply. SmartWay does not provide legal, tax or accounting advice. See your tax adviser for details.