Terms and Conditions
Security Policy
www.ppsguide.com.au uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and
secure means of collecting payments via the Internet. All online credit card transactions performed on
this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by ppsguide.com.au or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting
your credit card data. - eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the
merchant account held by ppsrforcars.com.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au
Use and Operation of ppsguide.com.au and the "Services"
The principal function of the website ppsguide.com.au is to provide an information service (Services) to users who are working with or studying the Personal Property Securities Act 2009 (Cth) and its associated regulations and case law (PPSA).
These terms and conditions govern the use and operation of the website ppsguide.com.au and set out the terms on which you may use and access this website, and purchase the Services on this website.
You must not use this website or the Services if you do not accept these terms and conditions.
The website ppsguide.com.au is owned and operated and the Services are provided by the business The PPS Guide, ABN 48 147 950 169 and the author of the material, content and information on the Website, Lionel Meehan (Owner). If you have further queries, please contact us at [email protected]
Users of this website and the Services, by their use and continued use of this website, agree to be bound by these terms and conditions of use and operation of this website.
These terms and conditions shall constitute and be incorporated into a contract between the Owner and all parties using, viewing or otherwise to access information obtained on this website (in each case a User), in relation to the use and operation of this website, and the provision of the Services and information relating to the Services.
This contract shall be governed by the laws in force of the state of Victoria, and each party submits to the non-exclusive jurisdiction of the courts of the state of Victoria.
The website ppsguide.com.au (Website) utilises services of various other third party service providers in order to provide the Services, including without limitation Eway payment services (together the Third Parties and Third Party Content).
The Owner grants to you a non-exclusive, non-transferable, revocable, limited and conditional licence to: (A) view and use information accessible on the website.
You must not: (A) cause damage or interfere with accessibility to the Website; (B) use the Website in connection with illegal, fraudulent or harmful purposes or activities; (C) store, transmit or distribute malicious computer programs or viruses or malware or any other non-legitimate or corruptive computer program or code; (D) conduct any systematic or automated data collection activities.
The Owner, and its affiliates, own or are licensed to use all intellectual property in the Website and the Services that it offers. Users may only view and access content on the Website for your own purposes. Users must not: (A) republish any content from the Website or any Searches or the Services; (B) present any of this content in public; (C) reproduce or exploit any of this content for commercial purposes; (D) edit or otherwise modify any of this content, or any content of information obtained from or through the Website; or (E) redistribute any of this content for any information obtained from or through the Website unless the Owner have expressly given its prior written consent to the redistribution.
The Owner and the author of the material on the Website asserts copyright in all content on the Website, to the fullest extent permitted by law.
Users must become a registered user or a member to access certain Services on the Website. Users warrant to the Owner that they will: (A) provide true and accurate information; (B) not create accounts with false information; (C) not transfer accounts to someone else or allow someone else to share their account; (D) at the sole responsibility of Users, keep usernames and passwords safe; (E) agree to be bound by such other terms and conditions as the Owner specify for registration or membership.
The Owner may suspend or terminate the registration or membership of any User if in the Owner’s discretion the User or any other person associated with the User breaches any of these terms and conditions.
The Owner does not verify, endorse or approve any Third Party Content. The Owner provides no warranty or representation about Third Party Content: (A) regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Content or products or services available from a website operated by a Third Party; or (B) as to whether they infringe any intellectual property rights.
The Owner is not responsible for: (A) any offers, statements or representations that are made on behalf of a Third Party or a website or service offered or operated by a Third Party; (B) malicious computer programs or viruses that originated from or a disseminated from or through a Third Party.
The Website is provided ‘as is’ and the Owner does not provide any express or implied representation or warranty and disclaims all responsibility as to: (A) the availability of the Website and the Services at the time Users wish to use it; (B) merchantability, fitness for a particular purpose and non-infringement in relation to any of the Services or any other content or information on or available through the Website; (C) accuracy or validity or the up-to-date nature of any information and/or content on the Website; and (D) whether content and information available on or through the Website is free from malicious computer programs or viruses or similar.
NEITHER THE INFORMATION OBTAINED THROUGH USING THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, NOR ANY OTHER INFORMATION OR CONTENT AVAILABLE ON, FROM OR THROUGH USE OF THE WEBSITE, CONSTITUTES ADVICE INCLUDING LEGAL OR FINANCIAL ADVICE OF ANY KIND. USERS SHOULD CONSULT WITH A LAWYER OR OTHER APPROPRIATE FINANCIAL ADVISER OR PROFESSIONAL IF THEY SEEK LEGAL, FINANCIAL OR OTHER SIMILAR ADVICE.
Refund Policy
We only provide a refund: (A) for breach of express warranties we provided with regard to the Services; and (B) when there is a violation of any other warranties or rights you have under any legislation.
We do not provide refunds where the User simply changes their mind about the purchase of the Services.
Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. These terms of use must be read subject to those statutory provisions.
To the extent permitted by law, we exclude all express or implied representations, guarantees, conditions, warranties and terms relating to the use of the Website, all content and information provided on the Website, and the provision of the Services, that may apply under or may be implied by statute, custom, law or otherwise.
If in our supply of the Services we are liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 or is implied by any state or territory law that cannot be excluded, our liability is limited, to the extent permitted by law, to the re-supply of the relevant Service or the refund of the amount the user paid for the Service, whichever is lower. In our discretion, we may elect to refund to you the amount you have paid us for the Service to which your claim relates, and such refund shall satisfy in full all obligations and liabilities the Owner may have to any Users.
To the extent permitted by law, we are not liable to any User or to anyone else for any loss or damage (including without limitation loss of profit, loss or opportunity, revenue or business, indirect, consequential, special or incidental loss or damage) which arises or might arise from or in connection with the use of the Services or the Website.
We do not provide refunds in circumstances where Users have simply changed their minds about purchasing or using the Service.
Pricing and Order Terms
Prices may change from time to time and the price for the Services provided will be listed on the Website.
All prices, unless otherwise stated on the Website, are quoted as being exclusive of GST, and are in Australian Dollar ($AUD) unless otherwise indicated.
Users must pay the purchase price for the Services upon the placement of an order, or as otherwise permitted by the Owner on the Website.
If the Owner accepts payment by credit card for a particular order, and the User pays by credit card, the User warrants to the Owner that the credit card details provided by the User are true and correct and that the User is authorised to charge the relevant credit card.
The User agrees to indemnify the Owner and its directors, officers, employees, contractors and affiliates from and against any loss, damage, liability or costs or whatever nature that the Owner suffers in connection with a breach of warranty by the User.
Users may place an Order to buy services from us by submitting the Order form on the Website. When Users place an order for the Services, they make an offer to the Owner to buy the services specified in such order, and the Owner may accept or reject an order at the Owner’s discretion.
Users warrant the information provided is correct, accurate and timely when they submit an order for the Services.
An order placed by a User for the Services is not accepted merely because: (A) the User receives a notice that acknowledges the order; (B) the User receives a request to confirm their identity or other details; or (C) payment has been charged to the User’s credit card.
If an order is accepted, we will: (A) notify the User by email that it is accepted; and (B) provide the Services to the User to view on the Website or send to their nominated email address. If an order is rejected, we will: (A) notify the User by email that it is rejected; and (B) refund the purchase price to the credit card that the User paid with.
Intellectual Property and Rights
To the extent permitted by law, the Owner and the author of the content on the Website retains and reserves all intellectual property and intellectual property rights, including any copyright, designs, trade marks, patents or patentable information of inventions or processes, confidential information and other rights and interests in or associated with any of the Website, the information or content on or available through the Website, and the Services.
Users may only use the Website and the Services for their personal use, and for the purpose and in the manner such Services are intended or as directed by the Owner.
Users must not, unless the Owner expressly provides its prior written consent: (A) publish or republish, reproduce or copy any of the information, goods or Services provided to them; (B) present the content of any Services, goods or information in public; (C) reproduce or exploit any goods, Services, the Website or any information obtained from or through them for any commercial or other associated purpose; (D) edit or otherwise modify any content in such goods , Services on the Website; or (E) redistribute any goods, Services or information on or available through the Website.
Exclusion and Limitation of Liability Associated with Use of the Website and the Services
In these terms and conditions: (A) “Liability” means responsibility for any loss (either direct or indirect), damage, cost, outgoing, liability or other expense of whatever nature, and includes liability for Consequential Loss and “loss of opportunities”; (B) “Consequential Loss” shall include without limitation all forms of indirect loss including loss of revenue, loss of profits, loss of commercial or business opportunities, loss of opportunities to avoid losses or Liabilities, failure to realise profits or savings, and any other commercial and economic loss, howsoever caused; and (C) “Claim” means any claim, suit, action, demand, compliant, proceeding, application, or other process or right of any nature whatsoever, and (D) “Indemnified Party” means the Owner, the author of the content on the Website any its or their directors, officers, employees, agents, contractors and affiliates, and each of their successors and assigns.
The User indemnifies each Indemnified Party against all losses, claims, Liabilities , costs, outgoings and expenses of whatsoever nature arising out of or in connection with: (A) the use of the Website, the Services and the content and information provided on the Website; (B) the User supplying goods, services or any information to a Third Party, including any Services or information supplied on or through the Website; (C) use by the User of any Services or information supplied on or through the Website contrary to any instructions or conditions of use on the Website; and (D) any breach of these terms and conditions by the User or any of their officers, employees, agents or contractors whatsoever.
To the maximum extent permitted by law, an Indemnified Party is not liable for Liability, Costs or Claims arising out of or in connection with (A) the Website or the Services: (B) inaccuracy, errors or omissions in any information, content or Services provided on or through the Website, or any content, information or Services not being up-to-date; (C) unavailability or interruption of usage of the Website or the Services; (D) any delay or failure in performance; and (E) loss or corruption of data or information.
To the fullest extent permitted by law, an Indemnified Party is not responsible for any indirect, special or consequential Liability, Costs or Claims (including legal fees) of whatever nature.
To the fullest extent permitted by law, no Indemnified Party is liable for any consequences resulting from the provision by or on behalf of any User of false, fraudulent or incorrect information.
To the fullest extent permitted by law, the Liability of the Owner and each Indemnified Party to any User for the supply of Services or any other information on or through the Website is limited to the amount of the purchase price the User has paid in relation to the Services.
These exclusions of Liability apply even if the User expressly advises an Indemnified Party of the actual or potential losses, Liability, Claims or Costs.
The Owner and each Indemnified Party shall not be liable in any way whatsoever to any User or otherwise any other person, and expressly exclude and renounce, all and any Liability or Claim associated with any use of the Website or the Services or any Third Party website used in conjunction with any of them, including without limitation for and/or in relation to any use of the Website or the Services, errors, mistakes, miscommunications, Losses, costs, Claims, Liabilities, expenses, damages, demands, complaints or other similar matters or issues arising from or in connection with the use of the Website, the provision of Services, or any information or service provided by or obtained from any Third Parties.
The Owner does not guarantee or warrant that the Services will be delivered to Users, or that Services will be provided by the expected delivery date or time. The Owner and each Indemnified Party is not liable for any failure to deliver or delay in delivery of the Services, including without limitation those that are beyond its reasonable control, or at all, except to refund the purchase price paid for the Services where there has been a total failure of consideration, or a fundamental breach of the warranties that apply to provision of the Services. To the fullest extent permitted by law, the User releases the Owner and each Indemnified Party from any Liability, Claims and Costs arising from or in connection with the performance of any of the Services.
The User acknowledges and agrees that: (A) all pictures and images of goods, Services and information possibly displayed on Website are for illustration purposes only, and the sizes and dimensions of the goods, Services and/or information may differ from the pictures in real life; and (B) the User has read all descriptions about the goods or services prior to submitting an order. You also acknowledge and agree that there may be technical or administrative errors in information including but not limited to the description, pricing and availability of goods or services. We may correct any errors on our website and if you placed an order for goods or services that had errors, we may at our discretion: (A) inform you of the errors for you to re-submit your Order; or (B) reject your order and refund the full amount of payment you made.
To the full extent permitted by law, all representations, warranties or terms (whether express of implied) not otherwise specified in these terms are excluded. These terms and conditions include, by implication, only those warranties, conditions and terms that: (A) law or legislation implies into these terms and conditions; and (B) law or legislation prohibits the parties from modifying, excluding or contracting away.
Nothing in this agreement will exclude or limit our liability in respect of any: (A) death or personal injury caused by our negligence; (B) fraud or fraudulent misrepresentation on the part of us; or (C) matter which it would be illegal or unlawful for us to exclude or limit.