Terms and Conditions

LEGAL NOTICE

YOU SHOULD READ THEM CAREFULLY AND PRINT THEM FOR FUTURE REFERENCE.

IN PARTICULAR YOU SHOULD NOTE THAT THESE TERMS AND CONDITIONS:

TERMS AND CONDITIONS FOR YOUR USE OF THIS SYSTEM

1. INTRODUCTION

The Customer Account Access System, an Internet based system allowing you to access your account details hosted at www.primusfinance.com.au and related websites (the "System"), is operated by FCA Holdings Limited (ABN 77 004 915 100) and is provided to you under the terms and conditions of this agreement. This Agreement comprises the entire agreement between you and us and supersedes all and any prior agreements between the parties relating to your access and use of the System.

2. DESCRIPTION OF SERVICE

We grant you a non-exclusive, non-transferable license to access the System on the terms and conditions of this Agreement (the "License").

3. CUSTOMER OBLIGATIONS

You Must:

1. use the System only for the purpose of accessing your own account information and associated material;
2. provide certain current complete, and accurate information about you as required to do so by us (including the System)
3. maintain and update this information as required to keep it current, complete and accurate;
4. provide all equipment, including a computer and modem, necessary to establish and maintain a connection to the internet; and
5. provide for your own access to the internet and pay any telephone service, communication, use, access and connection fees associated with such access.

4. PIN NUMBER AND SECURITY

We will issue you with a PIN number upon our acceptance of your registration. You must maintain the confidentiality of this PIN number and you will be responsible for any use of or access to the System which occurs under this account.

5. MODIFICATIONS TO SERVICE

We may modify the System at any time without notice to you. We will not be liable to you or any third party should we modify the System.

6. MODIFICATIONS TO AGREEMENT

This Agreement may be varied at any time by us. If we wish to vary the Agreement, we highlight that the Agreement has been varied as a start up screen which will appear when you next access the system.

7. LIMITATION OF LIABILITY

7.1 The System is provided on an "as-is", "as-available" basis, and we do not warrant that:

1. the System is free of errors;
2. the information contained on the System is free of inaccuracy;
3. the System will always be available and that your use of the System will be uninterrupted;
4. the System will meet your requirements or be fit for any purpose, other than expressed in writing between us and you; or
5. the System will operate in circumstances which you may select for use.

7.2 In no event will we or any of our officers, employees, contractors or agents be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to, your use or non-use of the System. Without limiting the previous sentence, we will not be liable for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of;

1. your acts or omissions based on any information contained on the System;
2. the inaccuracy of any information contained on, or errors in the functionality of, the System;
3. any temporary or permanent unavailability of, or interruption to, the System;
4. any failure of the System to meet your requirements or to be fit for any purpose, other than in a warranty expressed in writing between us and you;
5. any defect in, or problem with, any computer system or communication link; or
6. any delay in, interception of, or any other unauthorized dealing with, any electronic communication between you and us or you and the System.

7.3 Without limiting any other provision of this Agreement, we will not be liable in contract or in tort (including negligence) for any direct or indirect or consequential loss or damage including without limitation loss of revenue, profits, bargain, goodwill, or loss or corruption of data however caused, whether or not such loss or damage was foreseeable or contemplated by us and whether or not you have been advised of the possibility of such loss.

7.4 Nothing in this clause 7 excludes, restricts or modifies, any non-excludable condition, warranty, right or remedy conferred on you, or implied by the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited to whichever we see fit to provide of:

1. in case of the supply of goods - replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
2. in the case of the supply of services - supplying the services again, or paying the cost of having the services supplied again.

8. COMPLIANCE WITH LAWS

Your use of the System is subject to all applicable local, state, national and international laws and regulations and you agree to;

1. comply with the laws of Australia, the United States and other countries (including without limitation your country of residence) regarding the export or transmission of technical data through the System;
2. not to use the System for illegal purposes;
3. not to interfere or disrupt networks connected to the System; and
4. comply with all regulations, policies and procedures of networks connected to the System.

9. INDEMNIFICATION

You agree to indemnify and keep indemnified us, our related bodies corporate, officers and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the System (including use of the System through your account or PIN, whether or not authorized by you), the violation of this Agreement by you, or the infringement by you, or any other person using the System through your account or PIN, of any intellectual property or other right of any person.

10. TERM AND TERMINATION

10.1 This Agreement will commence on the date of your first registration and will continue until terminated in accordance with the clause 10.

10.2 Either party may terminate this Agreement at any time and for any reason.

10.3 Upon Termination of this Agreement, your right to use the System immediately ceases.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 You acknowledge that the content of the System, including without limitation text, computer programs, sound, photographs, video, graphics or other material contained in or presented to you as part of the System (the "Works") is protected by copyright, trade mark, patent, design or other intellectual property rights and laws. You are only permitted to use the Works as we expressly authorize. You may not reverse engineer, decompile, disassemble, copy, reproduce, distribute, or create derivative works from the Works without our express authorization.

11.2 We grant to you a perpetual, non-exclusive, non-transferable, royalty-free license to use reports generated by the System for your requirements only.

12. GENERAL

12.1 This Agreement will be governed by and constructed in accordance with the laws of the state of Victoria, Australia and both parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

12.2 If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with other provisions remaining in full force and effect.

12.3 You must not assign sub-license or otherwise transfer your rights under this Agreement without our prior written consent. We may assign or otherwise transfer our rights under this Agreement in whole or in part.

12.4 Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision unless acknowledge and agreed to by us in writing.

12.5 The headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.