Terms of Use and Privacy Statement

Terms and Conditions of Use

You must read these terms carefully before using the eMotor Web Site www.emotor.com.au ("Site").

The Site is provided by Latitude Financial Services Australia Holdings Pty Ltd ABN 46 603 161 100 and Latitude Automotive Financial Services ABN 80 004 187 419 ("together Latitude"). By using the Site or downloading the information ("Materials") materials from the Site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions of this Agreement do not use the Site or download materials from the Site. Latitude reserves any rights not expressly granted in this Agreement.

LIMITED LICENCE

Subject to the terms and conditions set forth in this Agreement, Latitude grants 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.

Latitude authorises you to view and download the Materialsat this Site only for your use as an accredited Latitude Automotive Financial Services introducer ("Introducer"), or an employee or contractor of an Introducer who is authorised to submit applications to Latitude Automotive Financial Services ("Authorised User"). 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, Latitude does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. You agree that you will not access or use the Site after you cease to be an Authorised User.

DISCLAIMER

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. LATITUDE DOES 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. LATITUDE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. LATITUDE 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.

THIRD-PARTY SITES

As a convenience to you, Latitude 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. Latitude makes 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 Latitude 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 Latitude or any of its affiliates or subsidiaries. Latitude is not responsible for the privacy practices of other web sites to which you provide your personal information.

INFORMATION PROVIDED BY YOU

Unless you are applying online or using the online Service Centre, Latitude does not want you to, and you should not, send any confidential or proprietary information to Latitude via the Site unless the Site requests you. You agree that any any confidential or proprietary information or materials that you or individuals acting on your behalf provide to Latitude will not be considered confidential or proprietary. By providing any such information or materials to Latitude, you grant to Latitude 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 Latitude is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Latitude. You further recognise that Latitude does not want you to, and you warrant that you shall not, provide any information or materials to Latitude that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

LIMITATION OF DAMAGES: IN NO EVENT SHALL LATITUDE OR ANY OF ITS 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 LATITUDE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CHANGES

Latitude reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time without notice. This Agreement is published on the Site. Please check the Site periodically for changes to thei Agreement. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. Latitude may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Latitude may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Latitude 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 Latitude from its offices within the Commonwealth of Australia. Latitude makes 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 any location outside of the Commonwealth of Australia, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Victoria, Australia, without giving effect to its conflict of laws provisions.

TRADE AND INTRODUCER AGREEMENT

The terms and conditions of any Trade Agreement or Introducer Agreement between Latitude and you or the Introducer apply to your use of this Site and a breach of this Agreement will constitute an event of default, however defined under any such Trade Agreement or Introducer Agreement.

This Agreement with any Trade Agreement or Introducer Agreement constitute the entire agreement between Latitude 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.

Privacy statement

Latitude may collect personal information about you from you or the Introducer in order to authorise you to use the Site. You acknowledge and agree that :

  • Latitude may use any of your personal information it collects from you or the Introducer for the purpose of authorising you to use the Site, for any or all of the additional purposes of product development and research (including, without limitation, the development of eMotor and the Site), telling you about products or services of Latitude, or other organisations, risk assessment, complying with legislative and regulatory requirements, and building and maintaining relationships with you and the Introducer; and
  • information about how you use the Site may be tracked and collected by Latitude.

Latitude will not send you information about other Latitude products if you direct it in writing not to. You can do this by sending an email emotor.helpdesk@latitudefinancial.com or a letter to eMotor Support Team Leader, Latitude, 572 Swan Street, Burnley, 3120, Victoria.

Please see www.latitudefinancial.com.au/privacy for information about our privacy practices.