Website Terms of Use

This Bendigo Bank Website Terms of Use applies to Bendigo Bank's Website. You will be informed about:

1. This Website
2. Conduct
3. Links to Third Party Websites
4. No Unlawful or Prohibited Use
5. Use Limitation
6. Use of Communication Services
7. Product and Services Information
8. Third Party Software
9. Warranties
10. Limitation of Liability
11. Modifications to Website
12. Termination
13. Jurisdiction
14. Assignment by the Bank
15. Copyright and Trademarks
16. Acceptance and Changes to Terms of Use

This Website

This website is owned and operated by Bendigo Bank Limited (ABN 11 068 049 178) (AFSL No. 237879) ("the Bank") under the domain name "www.bendigobank.com.au" ("Bendigo Website"). The Bendigo Website is operated on behalf of the Bank and any of its related subsidiaries (together called the "Bendigo Bank Group").

If you use or access the Bendigo Website you accept these Terms of Use, the Privacy Policy, notices, disclaimers and any other rules of use contained on this Website and changes to them that we may make from time to time. You should review them carefully and check periodically for any changes. If you do not agree with the Terms of Use, Privacy Policy, notices, disclaimers and any other rules you are not authorised to use the Bendigo Website.

The Bendigo Website offers you access to a collection of products, services and online resources conditional on your Acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Bendigo Website and its associated products, services and online resources constitutes your agreement to all such terms, conditions, and notices.

In order to use the Bendigo Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees payable to any party associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

We recommend that you familiarise yourself with this Terms of Use statement and any other terms and guidelines found throughout the Bendigo Website and agree to abide by them should you chose to use the products and services offered to which they apply.

Conduct

You agree not to use the Bendigo Website to:

upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, offensive, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or discriminatory; and
impersonate any person or entity, including, but not limited to, an authorised Bank officer of the Bank; and
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; and
upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; and
upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; and
upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or program; and
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchange; and
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any securities exchange; and
"stalk" or otherwise harass, threaten or intimidate any person or internet user.

Links to Third Party Websites

The Bendigo Website may contain links to other websites ("Linked Third Party Sites"). The Bendigo Bank Group does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. ("Linked Third Party Material"). The Bank is not responsible for webcasting or any other form of transmission received from any Linked Third Party Site.

The Bank is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.

Subject to any applicable law, which cannot be excluded, the Bank makes no warranties or representations:

regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or
that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.

No Unlawful or Prohibited Use

As a condition of your use of the Bendigo Website and services, you warrant and agree that you will not use the Bendigo Website or services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Bendigo Website or its associated service in any manner which could damage, disable, overburden, or impair the Bendigo Website or interfere with any other party's use of the Bendigo Website or its associated services. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Bendigo Website.

Use Limitation

The Bendigo Website is available for your personal and business use. You warrant that you will not modify, copy, distribute, transmit, or sell any information, products or services obtained from the Bendigo Website.

Use of Communication Services

The Bendigo Website contains Bendigo e-banking, Live Chat sessions, electronic mail postings and or/other message or communication facilities (collectively, "Communication Services") which are designed to enable you to conduct your banking business electronically with the Bank, receive information relevant to the products and services offered from time to time by the Bank and for you to directly communicate with the Bank and likewise for the Bank to communicate directly with you.

The supply, maintenance and cost of any equipment required by you or your Authorised User to access the Bendigo Bank e-banking Service is your responsibility including, without limitation, the computer hardware, the software required to access the internet, normal telecommunication charges associated with your internet access and your agreement with an internet service provider.

Product and Services Information

Products and Services displayed or offered on this Website contain general information about Bendigo Group 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 Bendigo Group products and services.

Third Party Software

The Bendigo Website may provide links to Linked Third Party Sites. The Bank shall not be responsible or liable, directly or indirectly for any software downloads available from these Linked Third Party Sites. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, the Bendigo Group accept no liability in respect of such Third Party products and the Bendigo Group provide no warranty and give no endorsement in respect of such products or any party connected with them.

Warranties

Bendigo Bank has made every effort to ensure that the information presented in the Bendigo Website is free from errors or omissions or is suitable for your intended use, however, the Bendigo Group does not warrant the accuracy, adequacy or completeness of any Material on this Website. All information is subject to change without notice.

Should you wish to accept any product or service offered, the Bank recommends that you seek independent advice before acting upon the Material in this Website.

The Bank recognises the community concern in the transmission of computer viruses. We utilise up to date technology in an attempt to eliminate any possible computer virus infecting any Material transmitted from the Bendigo Website. However, we do not guarantee that the Bendigo Website or any Linked Third Party Website will be free from viruses, or the access to the Bendigo Website or Linked Third Party Websites will be interrupted.

You expressly understand and agree that your use of the service is at your sole risk and that the Bendigo Website is provided on an "as is" and "as available" basis.

The Bank makes no warranty that:

the Website will meet your requirements;
the Website will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Website will be accurate or reliable;
the quality of any products, services, information or other Material obtained by you through the Bendigo website will meet your requirements or expectations;
any Material downloaded or otherwise obtained through the use of the Bendigo Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Material;

Limitation of Liability

Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold each and every member of the Bendigo Group, affiliates, staff, employees, agents, co-branders or other partners harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to Material on this Website or to any Linked Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of the Bendigo Group 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 the bank's option, to:

the supply of the goods or services,
the repair of the goods, or
the payment of the cost of having the goods or services supplied again or repaired

Modifications to Website

The Bank reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bendigo Website (or any part thereof) with or without notice. You agree that the Bendigo Group shall not be liable to you or any Third Party for any modification, suspension or discontinuance of the Bendigo Website.

Termination

You acknowledge that these Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Bendigo Website) and your access to the Bendigo Website may be terminated at any time by the Bank without notice for any reason, including, without limitation, if the Bank believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

You also agree that the Bank is not liable to you or any Third Party for any termination of your access to the Bendigo Website.

Jurisdiction

All information and services contained within the Bendigo Website are governed by and are to be construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia.

Assignment by the Bank

The Bank may assign this agreement in whole or part to any person.

Copyright and Trademarks

The content of the Bendigo Website is owned by Bendigo Bank who reserves all rights, including copyright under the Copyright Act 1968 (Cth) of all material on this website. The material includes information, text, material designs, logos, insignia, graphics and other images or other works or subject matter and any other form of content. and may not be re-written, framed, linked, copied, re-sold, re-distributed or transmitted in any form by any process, or otherwise used without the prior specific written permission of the Bendigo Bank.

A single copy of this document may be download for your reference as a single hardcopy.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Bendigo Website indicates your Acceptance of these Terms of Use and the Privacy Policy.

The information in the Bendigo Website is current at the date of publication but may be subject to change. Notice of any other change to these Terms of Use will be given no later than the day the change takes effect.

Such notice may be, but not limited to, by notification on the Bendigo Website, in writing, by newspaper advertisement or by notices issued through the Bendigo Bank network.

Notice of any change is deemed to be accepted by you by your subsequent use of the Bendigo e-banking Service.

The Bank reserves any rights not expressly granted in these terms of use.

This is the Bank's current Terms of Use statement and replaces any previously statement published prior to 14th August 2001.

Date of Publication - 2nd September 2002
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