In these Terms, “us”, “we” and “our” are references to Settled. “You”, “your”, “customer” or “user” are references to you. “Parties” may be used to refer to both you and Settled. “Services” means and includes use of the functions and facilities of our website (“Website”); our Information Guide; as well as the letters thus generated.
Who is bound by these Terms?
These Terms apply to anyone visiting our Website, and anyone who accesses or uses our Services. To access or use our services you must be at least 18 years old, and legally capable of entering into binding contracts. You must warrant to us that these things are true. If you are not yet 18 years old, you must obtain consent from a parent or guardian, who must agree to be bound by these Terms in the same way that you would be if you were 18 or older. You must warrant to us that you have that consent, and agreement from a parent or guardian; and you must provide written evidence of this if we ask for it.
By accessing or using the Services you agree to be bound by these Terms. If there is any aspect of the Terms with which you disagree, or which you do not accept, you may not access or use our Services.
What you must do to access and use our Services
If you want to access or use any of our Services, you will be asked to provide relevant information, including but not limited to your:
credit card number, expiry date, and card verification number;
billing address; and
By so doing you warrant to us that you are legally entitled to use the credit card or any other means of payment you may specify; and that this information is true and correct.
We may, in addition, ask you to provide your:
residential address, including State or Territory, and postcode;
telephone number; and
valid payment method information, if different from your credit card.
You should also give us any relevant information if your debt is not a personal one (eg if the debt is owed by a company of which you are an officer or director); and if it is not incurred, and payable, in Australia or its territories.
Our rights in relation to your access to, and use of, our Services
We have the right to refuse or cancel your order if we are or may be unable to fulfil it; if there are errors of price or description; or for other reasons. In particular, we may refuse or cancel your order if we suspect the possibility of fraud, money laundering, or other illegality.
Because we are constantly updating offerings within our range of Services, there may be delays in the provision of Services while we correct errors or update information. We have the right, without giving prior notice, to correct errors, inaccuracies or omissions before providing Services.
Settled also reserves its rights to vary its fees at any time, without prior notice to you.
Ownership of Intellectual Property
The Services and their original content; and the features and functionality of our Website, are the exclusive property of Settled and its licensors. Intellectual property in the Services is protected by copyright, trademark, and other laws of both Australia and overseas countries.
When you use our Services and the letters thus produced, you have a limited license to use the intellectual property in them solely for the purposes of settling your own debts, and not for any other purpose.
Our trademarks, slogans, logos and images may not be used in connection with any product or service without the prior written consent of Settled. Nothing in these Terms or our provision of Services operates to transfer any of our intellectual property rights to you.
Links to other websites
Our Website and Service may contain links to third-party websites or services that are not owned or controlled by Settled. We have no control over, and take no responsibility for, the content, privacy policies, or practices of any third party websites or services.
We provide links to external websites only as a convenience, and the inclusion of links to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Thus you further acknowledge and agree that Settled is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Disclaimer and limitation of liability
It is very important that you understand that Settled cannot, and does not, promise or guarantee that your use of the Services will result in settlement of your debt. We promise to provide you with the means to make a professional, persuasive and well argued case for settlement on the terms you offer. However we have no control over decisions made by creditors in response to any proposal put forward by using our Services.
It is therefore important that you understand and accept the following limitations.
No warranty or refund
The Services are provided without warranties of any kind, whether express or implied, except to the extent required by law; and including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
Specifically, Settled does not warrant that:
the Services will function in a secure and uninterrupted way, secure or available at any particular time or location;
any errors or defects will be corrected;
the Services are free of viruses or other harmful content; or
the results of using the Service will meet your requirements.
Except when required by law, fees paid for using the Services are non-refundable.
Exclusion of liability
Settled does not provide financial services, or financial advice.
The truthfulness and accuracy of the content of any data you input to an offer of settlement is your sole responsibility. Settled does not, and cannot, have any first-hand knowledge of the correctness of the content of any settlement proposal, and thus cannot accept any liability in respect of a settlement proposal which is not accepted; or where a settlement subsequently fails because you are unable to adhere to conditions you had promised.
Thus you are solely responsible for giving us information which is complete, true and correct when you use the Services, as well as for confirming the truth, accuracy and completeness of that information in any letter we prepare for you, before it is sent to a creditor.
You also have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and you agree that you cannot make a claim against Settled for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
As we have no control over third parties, we cannot, and do not, promise or guarantee that a creditor will accept an offer made by you through use of the Services or that, whether or not an offer you may make is accepted by the creditor, there will be no adverse impact on your credit rating.
If you are using the Services in relation to a debt incurred or payable outside Australia, we have no liability in relation to an outcome of your use of the Services which is different from what it might have been in respect of a debt incurred and payable wholly within Australia.
Limitation of liability
You agree that we are not liable to you in any way if your debt is not settled; or for any loss or damage of any kind, whether financial or otherwise; or whether occurring directly or indirectly, as a result of your use of the Services; no matter how much time may have elapsed since you used the Services.
Without limiting in any way the scope of the preceding paragraph, you agree that in no event is Settled liable for any indirect, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however arising, and whether in contract or tort; and whether made directly or by or through any third party.
Settled is not liable for any loss or damage arising, or said to have arisen, from a false or misleading statement, whether under the Commonwealth Competition and Consumer Act 2010 or otherwise; including, but not limited to, any misleading statements made and/or incorporated into any content provided by third parties, such as manufacturers and wholesalers, and users of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of the Services, you agree to indemnify us and our successors and assigns for all claims, loss, damage, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Services or your breach of these Terms and any applicable law or the rights of another person or party.
This agreement on your part to indemnify us survives the end of the contract between you and Settled, and the completion of your use of the Services.
We reserve the right, at our sole discretion, to vary, modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any variation taking effect, but it is your responsibility to regularly check these Terms for any changes. If you do not agree with any of the changes to these Terms, you must stop using the Services. If you continue to use the Services after a variation in these Terms, you will be deemed to have agreed with that variation.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that rights or provision, and does not prevent Settled from relying on that right or provisions at a future date.
If any provision of these Terms is held to be invalid or unenforceable by a court, that provision may be severed, and the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between Settled and you in relation to your access to and use of our Services, and you cannot rely on any oral or other representations, or on any prior agreements we may have had with you regarding the Services.
These Terms are to be interpreted and construed in accordance with the laws of New South Wales, Australia, and the Parties submit to the non-exclusive jurisdiction of the courts of that State.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org