Terms And Conditions
The services available at cashinaflash.com.au, Cash In A Flash websites urls are provided by Cash In A Flash ("Cash In A Flash", "we", "us" or "our", which means any and all companies associated with Cash In A Flash), Located at Shop 4/68 John Street, Salisbury, 5108, South Australia.
This Form describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at cashinaflash.com.au and all other Cash In A Flash and website urls (the "Site"). If you do not agree to be bound by this Form, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this Form, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this Form, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Cash In A Flash website user.
By agreeing to this Form, you also agree that your use of Cash In A Flash other web sites will be governed by the user agreement posted on those web sites.
We may amend this Form at any time by giving you notice ("Notice") by posting the amended Form on the Site. Any amended Form will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended Form after the expiry of 30 days following the date of the posting of the amended Form on the site. No other amendment to this Form will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out below.
SELLING TO CASH IN A FLASH
At Cash In A Flash we have a legal obligation to avoid buying stolen or defrauded goods from our Customers.
To help us avoid this, we work close with the South Australian Police and supply them with an updated record of all purchases made by Cash In A Flash every 2 weeks.
"Your Information" is defined as any information you provide to us or other users in relation to the Cash In A Flash service. Your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. You consent to Cash In A Flash taking whatever steps we think fit to verify or authenticate Your Information, including accessing any public or private register or undertaking any credit checks or accessing information about You from a credit reporting agency or business which reports on the credit worthiness of persons.
Your Information and your activities on our Site must not:
(a) be false, inaccurate or misleading;
(b) be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
(c) infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) be fraudulent or involve the sale of counterfeit or stolen items;
(e) be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
(f) be obscene, indecent or contain child pornography;
(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(h) contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(i) cause the Site to be interrupted, damaged, rendered less efficient or be such that the effectiveness or functionality of the Site is in any way impaired.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis.You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
(a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of Cash In A Flash and the appropriate third party, as applicable;
(c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(d) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
Your email address is used only to send you information that you have requested and as necessary to complete a transaction or application. As part of your use of our email marketing software, Cash In A Flash allows you to elect to receive, or not to receive, certain information.
Cash In A Flash will not send you unsolicited email information, offers or advertisements. Cash In A Flash will not sell, rent, or lend our contact lists or our customers' contact lists (including customer data) to any third party companies.
All emails that you have requested will have an option to unsubscribe.
If, at any time, you have questions or concerns about our privacy practices, please feel free to contact us.
VERIFICATION OF IDENTITY
We may need to identify you pursuant to the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Rules. Division 5A of the Act allows, in certain circumstances, that verification be undertaken electronically (“e-verification”) by matching certain personal information you supply to us with personal information held by credit reporting agencies. We may use that system to verify your identity. We will not do so without your consent.
By agreeing to us undertaking e-verification, you are expressly agreeing to allow us to verify your identity against personal information held by a credit reporting agency.
The Act permits us to disclose to a credit reporting agency for identification verification purposes two (2) of your name, address and date of birth. The credit reporting agency will make an assessment on the information provided to determine whether the information held by them matches the information provided by us to them.
You are advised that if you do not wish us to verify your identity through e-verification, then we will provide you with another option to identify yourself in accordance with the provisions of the Act.
If you consent to us using e-verification, and the identification is not successful, we will advise you:-
• That the credit reporting agency is unable to verify your identity; and
• The details of the credit reporting agency we approached so that you may make your own enquiries of them; and
• You may verify your identity by alternative means.
By accepting this Form I/We acknowledge and consent to you supplying to a credit reporting agency my/our name, address and date of birth to enable you to verify my/our identity through e-verification.
Without limiting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you:
(a) if you breach this Form;
(b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause us financial loss or legal liability.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY
Nothing in this Form shall limit or exclude our liability for direct damages resulting from fraudulent misrepresentation from death or personal injury due to our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Form or your use of services covered by this Form. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Form or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Cash In A Flash must be sent by registered mail to Cash In A Flash, Shop 4/68 John Street, Salisbury, South Australia 5108 and notices to you will be sent to the email address that you provide to Cash In A Flash during the registration process (receipt is deemed to have occurred within 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
GOVERNING LAW AND LEGAL COMPLIANCE
This Form shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts.
Cash In A Flash is a responsible and professional organisation that cares about the service you receive. We are committed to a fair and prompt response to your complaints.
Internal Dispute Resolution
We recommend that you initially make contact with the branch. However, disputes between you and Cash In A Flash regarding our services may be reported to the Complaint Contact person;
• Email email@example.com
• Fax (08) 8258 7714
• Or send a letter to our postal address Shop 4/68 John Street Salisbury SA 5108
• Refer to our Dispute Resolution Policy for more information
External Dispute Resolution
For any credit related transaction, in addition to the internal dispute procedures that Cash In A Flash utilise, if you are still not satisfied after speaking with the outlet, you can contact our External Dispute Resolution provider. Contact the Financial Ombudsman Service Limited (FOSL) by phone on 1300 780 808 or write to GPO Box 3 Melbourne VIC 3001
For more information go to http://www.fos.org.au
THIRD PARTY RIGHTS
A person who is not a party to this Form has no right to enforce any term of this Form but this does not affect any right or remedy of a third party specified in this Form.
If any provision of this Form is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this Form and all incorporated agreements may be automatically assigned by Cash In A Flash, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Form sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this Form.
ADVERTISING & PERFORMANCE TRACKING
We plan to use several advertising companies to devise and deliver our online advertising. This often involves serving banner adverts on third party websites.
When you see one of our ads on a third party website, cookies and, in some cases, Spotlight tags are sometimes used to collect information such as:
• the server your computer is logged onto.
• your browser type.
• the date and time of your visit.
• the performance of their marketing efforts.
When you visit our website directly or after seeing one of our ads on a third party website, anonymous information is collected on how you use our website. This might include which pages you view, and whether you start and complete an online application. The tracking companies aggregate all the captured information and use it to study Internet user behaviour patterns.
They don't include personal information in their studies and use the data mainly to measure advertising effectiveness and relative consumer interest in the various areas of our websites. No personal information is collected during this process. If, however, any information is automatically collected, the tracking companies are required under their arrangements with us, to maintain the privacy and confidentiality of that personal information.