Terms of Use

This page lists the Terms of Use of the Empathyse website.

To read the terms and conditions related to the use of Empathyse services click here.

About this website

This is a website operated by Empathyse (ABN 78 548 487 582) (“Empathyse”) under the domain name “www.Empathyse.com.au” (“Empathyse website”). The Empathyse website is operated on behalf of Empathyse called “Empathyse”. Empathyse is a registered trademark.

Your use of the information, graphics and materials on the Empathyse website (“Material on this website”) is governed by these terms of use and the privacy and security statement. In addition to the terms contained in this document, there are also specific terms that form part of the terms of use and govern your use of and access to, certain sections of the Empathyse website. Since you are also bound by these additional terms, you should review them wherever they are accessible to you on the Empathyse website. Your dealings with Empathyse and the use of this website are also governed by the Empathyse privacy policy.

Links to other websites

The Empathyse website may contain links to other websites operated by third parties (“Third-Party websites”). Empathyse does not endorse or approve of the operators of Third-Party websites, or the information, graphics and material on those Third-Party websites (“Third-Party Material”). Subject to any applicable law which cannot be excluded, Empathyse makes no warranties or representations in relation to:

the quality, accuracy, merchantability or fitness for purpose of Third-Party Material or products or services available through Third-Party websites; or
Third-Party Material infringing the intellectual property rights of any person.
Empathyse is not authorising the reproduction of Third-Party Material by linking material on this website to Third-Party Material.

When you follow a link on the Empathyse website, material at a Third-Party website 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. All offers to sell, 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 Empathyse website, such offers, and statements are made by Empathyse on behalf of the operator. The Empathyse expressly disclaims acting on behalf of Third-Party website operators in any other respect.

Empathyse 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 Empathyse website.

Empathyse product information and supply

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

does not constitute an offer or inducement to enter into a legally binding contract; and
does not form part of the terms and conditions for Empathyse products and services.

For further information about a particular product or service, please complete the e-form on the product or service page.

All credit applications are subject to Empathyse normal credit approval criteria.

Unless expressly agreed otherwise, products and services are discussed in the section of the Empathyse website, which refers to the Australian operations of any Empathyse member intended only for Australian residents. These products and services are available to non-Australian residents on the condition that you ensure they comply with your relevant non-Australian laws.

Warranties

While we have made every effort to ensure that information is free from error, Empathyse does not warrant the accuracy, adequacy or completeness of material on this website. All information is subject to change without notice. Empathyse recommends that you seek independent advice before acting upon material on this website or Third-Party Material. Empathyse does not guarantee that the Empathyse website or Third-Party websites will be free from viruses or that access to the Empathyse website or Third-Party websites will be uninterrupted.

Limitation of liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of Empathyse is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the material on the Empathyse website or Third-Party Material, whether in contract, tort including negligence, statute or otherwise. Liability of any member of Empathyse 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 Empathyse’s option to the refund of purchase price of the goods or services, the resupply of the goods or services.

Termination

These terms of use and the agreement constituted by your use of the information, graphics and materials on the Empathyse website and your access to the Empathyse website may be terminated at any time by Empathyse without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Empathyse will survive termination. However, you will no longer be authorised to access the Empathyse website.

Copyright and trademark

Copyright in the material on this website is owned or licensed by Empathyse. 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, performed in public, distributed or transmitted in any form by any process without the specific written consent of Empathyse. “Empathyse” and all associated trademarks are trademarks of Empathyse.

Linking to the Empathyse website

Please contact Empathyse at empathyse.com.au if you would like to place a link to any part of the Empathyse website.

Acceptance and changes to terms of use

You acknowledge and accept that your use of the Empathyse website indicates your acceptance of these terms of use and the privacy and security statement. These are the current terms of use. They replace any other terms of use for the Empathyse website published on the Empathyse website to date. Empathyse may at any time vary the terms of use by publishing the varied terms of use on the Empathyse website. You accept that Empathyse has provided you with sufficient notice of the variation by doing this. Empathyse reserves any implied or statutory rights not expressly granted in these terms of use.

Jurisdiction

Unless expressly agreed otherwise, the Empathyse website is provided for use only by Australian residents. The law applicable to the use of the Empathyse website and disputes arising out of the Empathyse website is the law of the State of New South Wales, Australia. In the event that any Empathyse website terms are deemed to be unenforceable under the law of the State of New South Wales, Australia, this will not affect the remainder of these website terms