1. Intermediation of contracts with clients
- This KISMATE Partner Portal (“Portal”) enables the user to provide to GC Leasing Sydney Pty Ltd, ABN 27 615 226 045, of Suite 3, Level 2, 4 Drake Avenue, 2113 Macquarie Park (“Grenke”) enquiries in relation to the entering into of leasing and other contracts offered by Grenke between Grenke clients that wish to enter into equipment leases with Grenke( “Customer”).
- In the event that access to the Portal is temporarily restricted or unavailable as a result of technical or operational interruptions, users of the Portal should forward their enquiries to Grenke via the email address [email protected].
2. Access authorisation
- The provision of a partner number and a password by Grenke is a prerequisite for use of this portal. Grenke reserves the right, in its absolute discretion, to reject applications for access to this portal without providing reasons for doing so. In the case of the partner being a company and other legal entity, access authorisation can only be granted to authorised natural persons which represent such entity. Where an application to access and use this Portal is accepted by Grenke, Grenke will activate the access that has been applied for by sending the applicant, via email, a partner number and password to enable access this portal.
- As owner of the access data, the partner must ensure that only the partner itself and persons authorised by it have access to this data. If the partner fails to comply with this obligation, the partner is solely responsible for, and indemnified Grenke in respect of, any and all loss which third parties cause whilst using the partner's access data without authority. The partner may grant an employee or other third party access ("Authorised User") to its account in the portal by setting up the Authorised User in its portal as an additional user with its own password. The partner’s obligation to protect the access data from third-party access extends to Authorised Users.
- The partner must not provide details of the partner's access data to Grenke employees. If a partner requires the support of a Grenke employee in using the portal, the partner must request authorisation for individual access for this Grenke employee as a user in the partner's GO Partner Portal.
- The partner acknowledges that its use of the services available on the portal limited based on the scope of the technical and operational availability of the portal. Grenke always endeavours, but cannot guarantee, to provide the service with uninterrupted usability insofar as possible.
3. Updating partner data
- The partner is obliged to keep the partner related data saved in this portal up to date. This includes, but is not limited to, contact information. In the event that this data changes, the information in this portal must be updated by the partner immediately.
4. Copyright and other property rights
- All contractual documentation and other related forms, together with any other content or information which Grenke displays on the portal or are accessible on the portal in any manner, are the property of Grenke and are subject to national and international copyright, trademark and other intellectual property protection. The partner may only use this content in accordance with these conditions of access and use and within the scope stipulated on the portal and for the avoidance of doubt, the Partner is not otherwise permitted to process, amend, translate, incorporate, republish or reproduce the content contained in the Portal in any manner, or for any purpose, whatsoever. The content may only be used as stipulated on the portal, or insofar as is expressly permitted by Grenke on an individual basis. The content may not, under any circumstances, be used in connection with commercial dealings in which Grenke is not involved.
- The partner is only authorised to download and print portal content insofar as the downloading or printing of such content is permitted and facilitated on the portal (e.g. via a download or print button).
- Personal information of the partner which is made available during registration and when accessing and using this portal is only gathered, saved and processed by Grenke to the extent that this is necessary and allowed or prescribed by legal provisions for the contractual use of this portal and for administration via the portal of the required business dealings.
- Personal information of clients which the partner of Grenke provides within the scope of the enquiry on the entering into of a contract with respect to a Grenke product is only gathered, saved and processed by Grenke to initiate, enter into or process contractual relationships with the respective client.
6. Creditworthiness assessment
7. Change of services offered
- Grenke is authorised to change services, contracts and other content offered via the portal as well as the conditions of access and use and the configuration of the portal at any time.
- This applies, in particular, to a change of the conditions of access and use set out in the portal as well as the contract types provided and their terms and conditions. Grenke will give notice to the partner of any such changes.
8. Use of the portal
- The partner’s authority to use is restricted to portal access and to the use of the respective services available on the portal within the scope of these conditions of access and use.
- The partner is responsible to ensure that its Authorised Users familiarise themselves of, and comply with, the terms and conditions of access and use of the portal. Grenke is not obliged to provide any direction, guidance or consultation in this regard.
- The partner is prohibited from engaging in any unlawful activities on, or in connection with, the portal, or from infringing upon third-party rights, for instance through the selection of an unauthorized partner name, user name or client name.
- Insofar as the portal enables the partner to install its own software or introduce its own data carriers, the partner is responsible for ensuring that third-party rights are not infringed upon and that Grenke does not suffer loss or damage, for example through the infiltration of viruses.
9. Prohibition of assignment
Rights which Grenke grant the partner in connection with the accessing and use of the portal may not be assigned, novated, sub-contracted or otherwise transferred.
10. Blocking of access
- Grenke may block the partner’s access to the portal temporarily or permanently, if Grenke determines, in its absolute discretion, that the partner has breached these conditions of access and use or if Grenke, in its absolute discretion, deems it appropriate and/or necessary to block the partner’s access.
- In the event of a temporary or permanent blocking, Grenke will block the partner’s access authorisation and will inform the partner accordingly via email. In the case of a temporary block, Grenke will reactivate the access authorisation following expiry of the blocking period and will inform the partner accordingly via email.
- Permanently blocked individuals are permanently excluded from accessing the portal and may not log in to the portal again or use the portal in any other way.
11. Limitation of liability
With the exception of Consumer Guarantees, Grenke excludes any term, condition or warranty that may otherwise be implied into this agreement; any liability for loss or damage incurred as a result of or in connection with the negligence of Grenke; and any liability for Consequential Loss.
In this clause Consequential Loss means:
- loss of profits;
- loss of revenue;
- loss of production;
- loss or denial of opportunity;
- loss of or damage to goodwill;
- loss of business reputation, future reputation or publicity;
- loss of use;
- loss of interest;
- losses arising from claims by third parties;
- loss of or damage to credit rating;
- loss of anticipated savings; and
- loss of contract, whether direct, indirect or consequential; and
- any other loss, damage or cost incurred that is indirect or consequential (whether the same or different to the types of losses set out above.
- Consumer Guarantee means a right or guarantee the partner may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
Both parties may terminate the collaboration via this portal with one month’s written notice. The access authorisation of the partner and of those which it has authorised will expire when the notice period ends.
13. Written form requirement
All notices in connection with the use of the portal which are submitted to Grenke outside of the portal must be provided in writing or via email to [email protected]
14. Applicable law
The terms and conditions of access and use are governed by the laws of New South Wales.
15. Place of jurisdiction
The courts of New South Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the use of the portal.