1 OPERATOR OF WEBSITE

These Terms and Conditions of Use (TCU) govern your use (as either a referral partner, a referral partner organisation, an aggregator administrator, a ScotPac employee or a user otherwise authorised by ScotPac) of the Scottish Pacific Business Finance Pty Ltd (ABN 79 008 636 388) (ScotPac) Partner Portal at https://partner.scotpac.com.au (Portal).
By accessing, viewing, relying on or otherwise using the Portal (Site Activity), you accept the TCU (and any updated terms and conditions) and agree to be bound by them (and are bound by them from your first Site Activity) and by any other notice given on this Portal.
The Portal allows you to engage with ScotPac’s full range of products with the following features:

  • Applying for an asset finance product;
  • Referring clients for a full range of ScotPac products;
  • Viewing product applications and quotes in progress;
  • Accessing current rates, product summaries and forms, in addition to a library of email templates to send to clients;
  • Using ScotPac tools, such as ‘Asset Finance Quick Quote’, ‘Product Selector’ and ‘Working Capital Calculator’; and
  • In the future, displaying your commission data and any client’s product details relevant to the client so referred.

2 Product issuer

The products described on the Portal are issued by Scottish Pacific Business Finance Pty Ltd (ABN 79 008 636 388) or third parties and are available only to Australian or New Zealand residents and entities. Applications from entities incorporated outside Australia or New Zealand or individuals other than Australian or New Zealand residents must not be made and will not be accepted.

3 User acknowledgment

You undertake and warrant that you are authorised by the referral partner or referral partner organisation or an aggregator administrator’s organisation or the organisation you work for to bind that organisation to these TCU as though references to “you” include references to your organisation (unless the context requires otherwise).

4 Security

To maintain security of the Portal, you must keep your username and your password confidential and never store them together or share them with anyone else. You must not keep your username or your password in any form, whether encoded or unencoded, in a location where it is capable of being or used by any person other than you. Your password must be changed on a regular basis to maintain confidentiality.

5 Access

Access to the Portal will be by single sign on with the correct entry of your username and corresponding password. Once access is granted any action by that person will be taken to be made with the authority of the referral partner or a referral partner’s organisation or an aggregator administrator or a ScotPac employee or a user otherwise authorised by ScotPac and ScotPac may carry out that request. You must immediately notify ScotPac if you know or suspect that your username or password has been compromised or become known to a third party or if you know of any unauthorised use of your username. In these circumstances you must immediately change your password. The Portal is available to you to access and use in accordance with these TCU at no charge. ScotPac reserves its right to charge fees for any of the services on the Portal in the future. ScotPac will provide you with prior notice in writing to your account of any fees or charges for the applicable services and the effective date(s) from when such fees will accrue.

6 Indemnity

You indemnify ScotPac and all other users of the Portal against any claim, loss, cost, damage, action or expense which ScotPac or any other user may experience arising from your use of the Portal, your breach of these TCU, your non-compliance with clause 17, our Privacy Policy your failure to keep your username or password confidential or the use of this Portal by any person on your behalf or the use of your username by any other person, including any use not approved or contemplated by you.

7 No warranty

Except where expressly stated otherwise, ScotPac makes no warranties and provides no guarantees in relation to the Portal. All terms implied by law, except those that cannot be lawfully excluded, are excluded. ScotPac does not represent or guarantee that the Portal will be free from errors or viruses. ScotPac does not represent or guarantee that access to the Portal will be uninterrupted. You acknowledge that the Portal may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including without limitation, technical difficulties with the performance or operation of ScotPac’s or another person’s software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures. You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct your business or transaction by other means should the Portal be unavailable. ScotPac will take reasonable commercial steps to ensure the information provided by the Portal is accurate and current as at the date of that Portal was last updated. However, ScotPac does not warrant the quality, accuracy, adequacy, effectiveness, legality or completeness of the information or any content on the marketing hub, nor that it is suitable for your intended use.

8 Liability of ScotPac

To the extent permitted by law, ScotPac and its related bodies corporate and their directors, employees, and agents will not be liable for any loss, damage, liability, claim or expense whatsoever, whether in contract, tort including negligence, statute or otherwise, arising out of or referable to use of the Portal, including out of:

  • any omission, error or inaccuracy in information provided in the Portal;
  • any unauthorised access to information in the Portal (including your client’s details); or
  • the unavailability of the Portal or the failure to perform in whole or in part, any function in the Portal.

Where any term or condition imposing liability is implied through the operation of any law, and that term or condition cannot be excluded, ScotPac’s liability under that term or condition will be limited (in ScotPac’s discretion) to the resupply of the services or facilities provided, or the cost of having such services or facilities resupplied. This does not limit any rights a person may have under the Australian Consumer Law or other applicable legislation.

9 Changes to the Portal

ScotPac reserves the right to change, remove or add to the services or information provided by the Portal and to limit access or cease providing information on the Portal.

10 Change of Terms and Conditions

ScotPac reserves the right to change these TCU for the Portal. Your continued use of the Portal following any change to the TCU will be taken as your acceptance of the updated TCU.

11 Acceptable Use

You agree that you will not use the Portal and any services to store or send anything offensive, to promote illegal activities or to harass any person. Without limiting the foregoing, you may not send any message, personal information, or marketing content in connection with the services and the Portal that;

  • is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, hateful, threatening in any way, invasive of privacy or any publicity rights, abusive, inflammatory or fraudulent;
  • would constitute, encourage or provide instruction for a criminal offence, violates the rights of any party or otherwise creates liability or violates any local, state or international law;
  • may infringe any patent, trademark, trade secret, copyrights or other intellectual or proprietary right of any party;
  • impersonates or misrepresents your affiliation with any person or entity;
  • contains personal information of a third party without that third party’s consent;
  • violates any laws, rules and regulations in the jurisdiction where the recipient resides, including but limited to the Spam Act 2003 (Cth); and
  • contains a virus, malicious code or any other harmful component.

We reserve the right at any time and without notice to you, to pre-screen, review monitor and refuse any or all personal information or content from your use of the Portal, but we have no obligation to do so. You agree to immediately take down or delete or modify any personal information or content that is stored on the Portal that violates this acceptable use clause, the TCU, any applicable laws or regulations. We may use the personal information of your clients and other information that you upload to and store in the Portal in an aggregated and de-identified form to assess, analyse and improve the services on the Portal. You will ensure that any personal information of your client and any other information uploaded to and stored in the Portal (inclusive of the marketing hub) is accurate and up to date.

12 Denial of Access

ScotPac reserves its discretion to withdraw, suspend, terminate or deny access to the Portal and/or particular client details at any time without prior notice to you, and, in addition, may cancel your username, including where:

  • you fail to keep your username or password secure;
  • your use of the Portal is in contravention of the law;
  • you act fraudulently, or ScotPac reasonably considers that your conduct could be fraudulent;
  • you do not immediately take down or delete content or personal information that violates the acceptable use terms of the Portal;
  • you breach these TCU; or
  • in our opinion, acting reasonably, there are concerns regarding security or unauthorised access.

The withdrawal, suspension, termination or denial of access to the Portal does not affect the conditions in these TCU, including relating to your obligations to indemnify ScotPac and limitations on ScotPac’s liability.

13 Internet Access

While ScotPac has put in place certain security systems on its internet site, it is unable to guarantee in all circumstances that the Portal or the information contained on the Portal will not be subject to unauthorised access. To the extent permitted by law, ScotPac will not be liable for any loss, damage, claims, expenses arising from unauthorised access to the Portal or the information (including any client records) retained on the Portal.

14 Links

The Portal may contain links to websites operated by third parties. ScotPac does not sponsor, endorse, or approve of the operators of linked websites, or any material which may be found at linked websites. Subject to any applicable law which cannot be excluded, ScotPac makes no warranties or representations regarding the content of linked websites or any products or services available through linked websites. You must not establish any link to the Portal without express written permission of ScotPac.

15 Privacy

Any personal information (including sensitive information) you provide to us will be treated in accordance with our Privacy Policy. You agree to us collecting, using and disclosing your personal information and represent to us that your clients have agreed to us collecting, using and disclosing their personal information in accordance with our Privacy Policy. We do not disclose your personal information to third parties unless it is;

  • required to deliver the services on the Portal;
  • required by a third party in relation to the sale of our business and/or sale or commercialisation of the Portal;
  • in accordance with our Privacy Policy.

You will ensure that each client has been notified of our practices and policies in relation to the collection, use, storage and handling of their personal information (including the requirement for you to seek your client’s prior consent to the use of their personal information in the asset finance product origination process). You agree:

  • to use, disclose, store, handle any personal information accessed from the Portal in accordance with our Privacy Policy;
  • to notify us immediately in the event of a potential or actual data breach or complaint concerning the personal information of your client on the Portal;
  • to cooperate promptly and fully with all or reasonable requests to address any possible data breach of our Privacy Policy; and
  • that for the purposes of the Privacy Act 1988 (Cth), we will decide whether a data breach is an eligible data breach and the method and form of the notification (if any) after consultation with you.

We will not disclose any personal information of your clients or you to third parties unless it is required to deliver the services on the Portal, in accordance with our Privacy Policy or as required or authorised by law. You warrant that you have made and will make all the necessary disclosures and notifications to and have obtained and will obtain all necessary consents from individuals in relation to the personal information which you collect, use and disclose to us or upload and store on the Portal.

16 Intellectual Property Rights

‘Intellectual Property Rights’ in these TCU means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and registration of such, schematics, industrial designs, inventions, know-how, trade secrets, computer software programs and other intangible proprietary information. All Intellectual Property Rights in:

  • the material, data, analysis or information comprising the services on the Portal;
  • the Portal;
  • the content in the marketing hub;
  • “ScotPac”, “Scottish Pacific”, the ScotPac logo and all associated trademarks; and
  • the financial products mentioned on the Portal.

are owned or licensed by ScotPac and/or are trademarks of ScotPac, ScotPac Group or its related bodies corporate, unless indicated otherwise. All rights are reserved. Nothing in these TCU shall be construed to transfer any copyright or other Intellectual Property Rights of ScotPac to you. You must not use any material, data, analysis or information comprising the Portal other than in accordance with the express permission or appropriate licence of ScotPac or the relevant copyright, trademark or other Intellectual Property Rights owners. You must only use the data, analysis, information from the Portal for your internal business purposes and you must not sell, transfer, sub-licence or distribute the data, analysis, information of the Portal without the express permission or appropriate licence of ScotPac or the relevant owners. You are not authorised or permitted to modify, alter, transfer, transmit, distribute, interfere with the working of the Portal, reverse engineer, remove, create, paste on to or link to or from any other website any part of the Portal. You agree not to reproduce, transmit, distribute, disseminate, sell, publish broadcast circulate the content on the marketing hub or any intellectual property of ScotPac without the express written consent or appropriate licence from ScotPac. You warrant that any information uploaded to the Portal or any content you modify does not infringe the intellectual property rights or other rights of any third party.

17 Restricted access

You represent and warrant that you are an Australian or New Zealand resident aged 18 years or over.

18 Termination

In addition to the terms for denial of access and the consequence of such deactivation in these TCU, the term of your agreement with ScotPac shall commence on your first Site Activity and continue until either terminated pursuant to this clause 19 or these TCU. You may terminate these TCU and thus your agreement with ScotPac on prior written notice to ScotPac. Any refund of fees payable in respect of any applicable services ScotPac has provided to you will be in accordance the terms and conditions of such applicable services. In the case of a material breach of any of the terms and conditions of the TCU by either party, the other party may terminate the TCU and the agreement by 30 days’ written notice. The agreement, access to and the services of the Portal will be terminated if the breaching party has not corrected such material breach within this notice period. On termination of the TCU and the agreement, all rights and licences granted to you will cease immediately and you will immediately cease your use of and access to the Portal. We reserve the right to retain a copy of any personal information (in a de-identified and aggregated form), data, modified content and information associated with your use of the Portal. We reserve the right to delete all personal information associated with your use of the Portal within 30 days of termination of this agreement, subject to any requirements by law to retain such personal information.

19 Governing law

The TCU (and the agreement formed by them) are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.

20 Dispute Resolution

Any dispute arising between you and ScotPac in connection with the TCU that cannot be settled by negotiation between you and ScotPac within 30 days may only be submitted (by you or ScotPac) to arbitration at the Australian Centre for International Commercial Arbitration in accordance with its ACICA Rules 2016. Nothing in this clause will prevent you or ScotPac from seeking urgent equitable relief before an appropriate court.

21 Contact us

If you require information about ScotPac’s products, or if you have any correspondence regarding these TCU, you may contact ScotPac https://www.scotpac.com.au/contact-us/ or speak to your ScotPac representative.