Terms and Conditions
These terms and conditions (Terms) apply when you use this website (Website).
You agree to be bound by these Terms which form a binding contractual agreement between you and us, CASHMI PTY LTD ACN 638 733 892 (CashMi, our, we or us).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
2. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
The websites is a medium that consumer to the details of Products and Services suppliers that are partnered with CashMi. The Products and Services presented are filtered and sorted based on the information that you have provided to CashMi.
CashMi may collect a referral/introduction fee from supplier in consideration for providing this service and does not have any obligation liabilities to, and is not any party contract between, consumers and in relation to such a product or services or otherwise resulting from the referral/introduction.
The information provided on CashMi does not constitute financial advice and CashMi will not be liable for your use of such information.
For more information please refer to our Credit Guide.
4. COLLECTION NOTICE
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to cloud hardware providers located in Singapore and the United States.
5. YOUR OBLIGATIONS
When using the Website’s functionality, you must :
(i) provide true, accurate, current and complete information that relates to you only as requested by the Website’s functionality; and
(ii) generate and enter an authentication ‘Code’, which will be sent to the mobile number you have provided.
You must not :
(i) Use the Website’s functionality to enter information that relates to any party other than you
(ii) Copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of CashMi
(iii) Use the Website for any purpose other than the purposes of accessing the details relating to your debt and the possible repayment options available to you and/or bsing;
(iv) Use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity
(v) Use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website
(vi) Use the Website with the assistance of any automated scripting tool or software;
(vii) Act in a way that may diminish or adversely impact the reputation of CashMi, including by linking to the Website on any other website; and
(viii) Attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
A) Gaining unauthorized access to Website accounts or data;
B) Scanning, probing or testing the Website for security vulnerabilities:
C) Overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
D) Instigate or participate in a denial-of-service attack against the Website.
6. INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date andaccurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) The Website will be free from errors or defects;
(b) The Website will be accessible at all times;
(c) Messages sent through the Website will be delivered promptly, or delivered at all;
(d) Information you receive through the Website is current;
(e) Information you receive or supply through the Website will be secure or confidential; or
(f) Any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
7. INTELLECTUAL PROPERTY
CashMi retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from CashMi or as permitted by law.
8. LINKS TO OTHER WEBSITES
The Website may contain links to other websites, including but not limited to those of debt collection agencies. Such links and the linked websites are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website
CashMi does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
10. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website
Limitation of liability To the maximum extent permitted by applicable law, CashMi excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website or these Terms.
Warranties All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, CashMi's liability for breach of that non-excludable condition, warranty or guarantee will, at CashMi's option, be limited to:
(i) In the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) In the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
Indemnity You agree to indemnify CashMi and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of services provided by CashMi
Consequential loss To the maximum extent permitted by law, under no circumstances will CashMi be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website,theseTerms or any goods or services provided by Badger LabsCashMi (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
Governing law This agreement is governed by the law applying in New South Wales, Australia.
Jurisdiction Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum
Amendments These Terms may only be amended by Badger LabsCashMi in accordance with the Terms
Waiver No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Further acts Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms
Assignment A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party
Entire Agreement These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms
Interpretation In these Terms, the following rules of interpretation apply:
(i) (singular and plural) Words in the singular includes the plural (and vice versa);
(ii) (gender) Words indicating a gender includes the corresponding words of any other gender.
(iii) (defined terms) If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(vi) (person) A reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity
(v) (party) A reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(iv) (these Terms) A reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) A reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) Headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) The word "includes" and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) No provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.