1. General terms and conditions for users
1.1 The pancakeloan.com website (this Website) is owned and operated by Pancake Loan Pty Ltd (ACN 689 500 418, ABN 60 689 500 418) CRN 571667 (Pancake Loan, us, we or our).
1.2 Your access to this Website is subject to these terms and conditions, the Pancake Loan Privacy Statement (a copy of which can be found here), notices, disclaimers any other terms and conditions or other statements contained on this Website and if you use any services identified on this Website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (referred to collectively as Terms of Use). By accessing, viewing or otherwise using this Website, you agree to be subject to these Terms of Use.
1.3 Pancake Loan may, at its sole discretion, vary or modify these Terms of Use without notice. Any subsequent access to, or use by you of this Website, will constitute an acceptance of those modifications. The Terms of Use published on the date you view them on this Website supersede all prior versions.
1.4 You agree that where Pancake Loan is required, by law or otherwise, to provide you with a document, you consent to the provision of that document electronically through the links on this Website. We suggest that you print a copy of the document, or file it electronically, for future reference.
1.5 You understand and agree that your use of our website is provided “as is” and “as available”. Pancake Loan does not represent or warrant that the operation of this Website will be secure, confidential, uninterrupted, error-free, accurate, complete, current or free from viruses or other harmful components.
1.6 Updates and maintenance are regularly carried out on this Website, so Pancake Loan may have to suspend access, service or functionality on the website from time to time without notice. Pancake Loan will not be liable if, for any reason, this Website is not available at any time or for any period of time.
1.7 These Terms of Use are governed by and construed under the laws of New South Wales.
1.8 Any dispute or difference arising out of these Terms of Use will be submitted to arbitration in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English. The number of arbitrators will be one.
2. Content
2.1 Pancake Loan owns, or is the licensee of, the intellectual property rights in the content of this Website, including text, photos, graphic designs, images, algorithms and software.
2.2 Subject to clause 2.3, you retain all the rights in and to the content that you submit or post on or through this Website.
2.3 By submitting and posting your content on this Website:
- you consent to Pancake Loan disclosing your content and personal information with relevant third parties; and
- you consent to Pancake Loan using your information to send you information about products and services that we feel may be of interest to you. You can unsubscribe from receiving this information at any time by emailing us at contact@pancakeloan.com.
2.4 Pancake Loan’s use of your information will be governed in accordance with our Privacy Statement (a copy of which can be found here).
3. Cookies
3.1 Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive.
3.2 We may use cookies to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of this Website.
3.3 We may send a session cookie to your computer when you log in to your user account. This type of cookie helps your user experience, for example, if you visit multiple pages on our website during the same session, a session cookie enables you not to have to enter your password on each page. Once you log out or close your browser, this cookie expires.
3.4 We may also use longer-lasting cookies for other purposes such as displaying your content and account information. We encode our cookies so that only we can interpret the information stored in them. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of this Website may not function as effectively or may be considerably slower.
4. Advertising and tracking
4.1 When you view a Pancake Loan advertisement on a Third Party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:
- the server your computer is logged onto;
- your browser type;
- the date and time of your visit; and
- the performance of their marketing efforts.
4.2 When you access this Website after viewing one of our advertisements on a Third-Party website, the advertising company collects information on how you utilise the website (eg which pages you view) and whether you complete an online application.
5. Your IP (Internet Protocol) address
5.1 It may be necessary for Pancake Loan to collect your IP (Internet Protocol) address for your interaction with various parts of our website.
6. Disclosure to overseas entities
6.1 Pancake Loan does not generally disclose personal information obtained from cookies, or otherwise, to overseas entities in the course of its activities.
7. Linking to this Website
7.1 Any link from your site to this Website is subject to your site complying with the following conditions:
- You must comply with all relevant laws in any applicable jurisdiction
- Your site must not replicate the content of this Website
- You must not frame any part of this Website
- Your link must be made in good faith and must not be established in a way that blocks or prevents the display of any part of this Website
- Your site must not contain any material that disparages Pancake Loan or its services
- You must not mistakenly imply that Pancake Loan endorses your product, service or organisation.
7.2 Your site must also not contain the following:
- Illegal, sexually explicit, pornographic, or otherwise offensive or distasteful material
- Content promoting gaming, wagering or betting sites
- Instructions on the manufacture and/or use of illegal drugs, or other dangerous materials
- Material that promotes harassment, hatred or discrimination based on age, race, religion, gender, sexual preference or any other factor
- Defamatory, disparaging, abusive, threatening or offensive messages (whether aimed at Pancake Loan or a third party)
- False or misleading information about the products and services of Pancake Loan.
8. No alteration
8.1 You agree not to transfer, or attempt to transfer, any material, viruses or code to this Website that could cause damage or harm to the site or in any way impede the security of this Website. You may not attempt to alter this Website.
9. Disclaimers
9.1 All information contained on this Website is given in good faith and has been derived from sources believed to be accurate. However, the information is selective and Pancake Loan has not verified the information, which may not be complete or accurate for your purposes. Pancake Loan makes no representation or warranty of any kind as to the accuracy or completeness of the information.
9.2 Pancake Loan nor any of its directors, employees and associates guarantee the security of this Website, give any warranty of reliability or accuracy nor accept any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this Website and do not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this Website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and Competition and Consumer Act.
9.3 Should you leave this site via a link contained within this Website, and view content that is not provided by Pancake Loan, you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by Pancake Loan. Pancake Loan is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in that site, whether actual, alleged, consequential or otherwise. Pancake Loan does not make any guarantees or representations as to, and will have no liability for, any electronic content delivered by any third party. Links to other websites are provided for convenience only and do not represent any endorsement by Pancake Loan of the products or services offered by the website owner.
9.4 To the extent permitted by law, Pancake Loan (including all related bodies corporate), will not be liable for any loss or damage from any cause (including negligence) to your site and system, or to people linking to us from your site(s), caused by or in connection with your link to Pancake Loan’s site. If you create a link to Pancake Loan’s site, you remain fully responsible for any consequences of that link, whether direct or indirect and you will protect Pancake Loan against all loss, damage, liability, cost or expense arising from or in connection with the link.
9.5 Pancake Loan will also not be responsible for: (i) losses arising from the unavailability of, or your inability to use this Website, (ii) losses that are not directly caused by any breach on Pancake Loan’s part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses including but not limited to losses arising out of the cost of replacement, or recovery or recoupment of any investment made by you in connection with these Terms of Use; and (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to this Website, Pancake Loan limits its liability to the amount you have paid to Pancake Loan.
Regulatory Disclaimers
9.6 Pancake Loan does not hold an Australian Financial Services Licence (AFSL).
9.7 The information provided on this Website does not constitute financial advice or legal advice and should not be relied upon as such. Users are encouraged to seek professional advice before making any financial decisions.
9.8 Pancake Loan acts as a credit representative (Credit Representative No 571667) of Reginsun Credit Pty Ltd (ACN 165 224 055, ABN 26 165 224 055) (Reginsun Credit), in its capacity to carry out its roles and obligations outlined in Section 4.2 of the Pancake Loan User Terms and Conditions.
9.9 Reginsun Credit holds an Australian Credit Licence (ACL) (ACL 445579) authorising it to provide credit assistance.
9.10 Pancake Loan and Reginsun Credit are registered members of the Australian Financial Complaints Authority (AFCA).
10. Indemnity
10.1 You agree to indemnify, defend, and hold harmless Pancake Loan and its affiliates, officers, agents, employees, and licensors from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal fees) arising from:
- your use of and access to this Website;
- your breach of any term of these Terms;
- your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
- any claim that your conduct caused damage to a third party.
11. Changes to the Terms of Use
11.1 Pancake Loan may change the Terms of Use at any time and solely at its discretion.
12. Removal of link
12.1 Pancake Loan reserves the right, solely at its discretion, to request removal of your link to this Website at any time.
13. Severability
13.1 If any parts of these Terms of Use are void, unenforceable or illegal, they will be severed and the remainder of these Terms of Use will continue to have full force and effect.