Terms & Conditions

Onboard Express Website Terms of Use

Welcome to the website (“Website”) of Affirm Software Group Pty Ltd trading as Onboard Express (“Onboard Express”). These terms and conditions (“Terms of Use”) apply to your use of our onboarding system (“System”), this Website and any related services (together “Services”). By using any of our Services you will be deemed to have accepted and be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use then please do not use any of our Services.

General

A reference to “Onboard Express” in these Terms of Use includes Onboard Express’s officers, employees, agents and contractors. These Terms of Use incorporate by reference any terms and conditions provided or made available through our Services and altogether constitute the entire agreement with respect to your use of this Website. If these Terms of Use are inconsistent with any other terms and conditions provided or made available through our Services then such other terms and conditions will prevail to the extent of the inconsistency. These Terms of Use may be updated by Onboard Express at any time without notice. You should visit this page regularly to read the current Terms of Use.

Use of Materials

These Terms of Use apply to all information, documents, products, logos, graphics, sounds, images, software and other materials available through our Services (“Materials”). Onboard Express may make changes to the Materials at any time without notice. You are only authorised to view, download and print the Materials on the condition that you comply with these Terms of Use and any other applicable terms and conditions provided or made available through our Services. This authorisation will terminate automatically without notice if you breach these Terms of Use or any such other terms and conditions. In the event of such termination, you must immediately destroy any downloaded or printed Materials. If you use any of our Services from a location outside Australia then you are responsible for compliance with applicable local laws including but not limited to export and import laws.

Personal information handling

By providing us with your personal information you consent to us collecting, holding, using, disclosing and handling it in accordance with our Privacy Policy. You must not provide us with any personal information about another person for any purpose unless you have obtained the person’s express consent and notified the person of the details required by all applicable privacy laws.

Ownership of Materials

Onboard Express and its third party providers own all intellectual property rights (including copyright and trade mark) and other rights in the Materials provided or made available through our Services. Except to the extent authorised by these Terms of Use, you must not copy, reproduce, adapt, modify, distribute, republish, download, display, communicate or transmit in any form or by any means (including electronic, mechanical, photocopying, recording or other means) any Materials provided or made available through our Services without the prior written consent of Onboard Express. Any unauthorised use of the Materials provided or made available through our Services may breach copyright or other applicable laws.

Disclaimer

You acknowledge that the Materials and our Services are provided or made available by Onboard Express on an “as is” basis without any warranties or representations of any kind including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. Without limiting the foregoing and to the fullest extent permitted by law, Onboard Express makes no representations or warranties as to the accuracy, completeness, currency or quality of any Materials or our Services or that any Materials or our Services are free from any errors, defects or viruses or any other harmful or destructive code. Our Services may provide links to external websites. Onboard Express makes no representations or warranties as to the accuracy, completeness, currency or quality of any materials available on such external websites. Your use of an external website is governed by the terms and conditions of that website. The provision of a link to an external website does not authorise you to in any way deal with the material on that site.

Third Party Services

You acknowledge and agree that: (a) third party services may be advertised or accessible through our Services; (b) Onboard Express does not endorse or sponsor any third party services which are advertised or accessible through our Services; (c) Onboard Express accepts no responsibility and assumes no liability for any third party services which are advertised or accessible through our Services; (d) Onboard Express does not act as an agent for the supplier of any third party services which are advertised or accessible through our Services; (e) any third party services which are advertised or accessible through our Services are provided subject to the terms and conditions of the supplier of the third party services and the supplier is solely responsible for the supply of the third party services and dealing with any disputes arising in connection with the supply of the third party services; and (f) Onboard Express may at any time without notice remove any advertising or access for any third party services which are advertised or accessible through our Services.

Limitation of Liability

To the fullest extent permitted by law, Onboard Express will be under no liability to You or any third party in respect of any direct, indirect, punitive, special, exemplary, incidental, consequential or other loss or damage of any type (including, without limitation, loss of data, revenue or profit, or business interruption) which may be suffered or incurred or which may arise directly or indirectly in respect of the Materials or any of our Services, whether the claim for loss or damage is based on contract, negligence or other legal theory and regardless of whether Onboard Express has been advised of the possibility of such loss or damage. Without limiting the foregoing and to the fullest extent permitted by law, any liability incurred by Onboard Express in relation to your use of any Materials or our Services is limited, at the option of Onboard Express, to the resupply of the Materials or Services respectively, payment of the reasonable cost of having the Materials or Services resupplied or otherwise to the maximum extent permitted by law.

Indemnity

You will at all times indemnify and hold harmless Onboard Express and its officers, employees and agents (“indemnified persons”) from and against all damages, costs, expenses, loss or damage which any of the indemnified persons may incur or sustain and all actions, proceedings, claims and demands whatsoever which may be brought or made against any of the indemnified persons by any person in respect of, or by reason of, or arising out of a breach by You of Your obligations under these Terms of Use or any willful, unlawful or negligent act or omission by You in connection with the Materials, our Services or any third party services which are advertised or accessible through our Services.

Severability

If any provision of these Terms of Use is invalid or unenforceable then such provision will be severed without affecting the validity of the remaining provisions.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia and you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

Fees and Charges

All fees and charges specified on this Website are in United States or Australian Dollars, whichever is agreed with Onboard Express.

Contact Information

If you have any questions about these Terms of Use please contact us at these details:

Onboard Express

Suite 4.15

343 Little Collins Street

MELBOURNE VICTORIA AUSTRALIA 3000

These Terms of Use are effective as of 24 November 2021