Terms and Conditions Continued...

This Information
This information clarifies the rights and responsibilities of you and Elders in relation to the use of Elders Online Client Services.

This information is divided into the following sections:

Definitions and Meanings
Elders Online Client Services Terms and Conditions which set out the Terms and Conditions applicable to the use of Elders Online Client Services.

1. Definitions And Meanings

"acceptance" means your acceptance of these Terms and Conditions in relation to Elders Online Client Services evidenced by the use of your PIN by either you or your authorised user to access Elders Online Client Services, whichever occurs first.
"access number" means your unique client identification number with Elders.
"account" means an Elders account which has been established in your name or in your name jointly with another person(s) or an account which you are authorised by the account owner to access.
"authorised user" means any third party authorised by you to use Elders Online Client Services to access your account(s) and who is registered with Elders as an authorised user notwithstanding your responsibility for use of Elders Online Client Services.
"Customer" means you being a person, firm, body corporate, incorporated association, club or authority who is an existing account holder with Elders.
"customer record" represents the details provided by customers in the Customer Registration Form.
"customer registration form" means the form by which you apply to Elders to access Elders Online Client Services. This form can be found on Elders Online Client Services. You apply by completing and lodging the form electronically in the manner detailed on Elders Online Client Services. You may also add, delete or amend your customer record on Elders Online Client Services.
"Elders Online Client Services" means the service you access by using a personal computer and accessing Elders' web-site at www.elders.com.au. "Elders" means Elders Limited ACN 004 045 121, Elders Rural Services Limited ACN 083 938 416, Elders VP, Primac Elders Limited ACN 076 142 053 and Primac Limited ACN 010 023 284 or any one of them.
"Elders VP" means Elders Limited ACN 004 045 121 trading as Elders VP.
"PIN" means the unique automatically generated 4 digit Personal Identification Number issued to you or your authorised user by Elders to access Elders Online Client Services.
"we", "us" and "our" means Elders.
"you" and "your" means you and any third party authorised by you to access your account(s) through Elders Online Client Services with the intent that you will be liable for use of Elders Online Client Services in respect of your account(s) and for any failure on the part of such a third party to observe these terms and conditions of use.

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2. Terms And Conditions

Introduction

By using your PIN in order to use Elders Online Client Services you accept that:

these Terms and Conditions apply to Elders Online Client Services and your use of Elders Online Client Services.
these terms and conditions operate in conjunction with the terms and conditions and signing instructions applicable to the account(s) that may be accessed by these services AND, if there is any inconsistency, these Terms and Conditions of use shall prevail to the extent of that inconsistency.
other Terms and Conditions apply by operation of law.

Application
You may only apply for access to Elders Online Client Services by electronically completing and lodging the Customer Registration Form found on Elders Online Client Services in the manner detailed on Elders Online Client Services.
Once you are a registered customer and have received your PIN via post, you can access Elders Online Client Services immediately.

Elders reserves the right to accept or decline any such application. Confirmation of acceptance or rejection of your application will be made to you via return email.

Use of Access Number
You must use your access number to access Elders Online Client Services.
You acknowledge and accept that your access number, together with the PIN issued to you by Elders, is the means by which Elders identifies you and that anyone using your access number and PIN will be able to have access to Elders Online Client Services and your account(s).

As part of the registration process for use of Elders Online Client Services Elders will issue you with your own automatically generated PIN to be used in conjunction with your access number to access Elders Online Client Services.

Your PIN is confidential and constitutes your electronic signature as you acknowledge and accept that Elders cannot do a manual comparison of your actual signature.

You must ensure that you (and your authorised users):

keep your PIN secure and protected.
keep only one record of your PIN, separate from your access number and keep it in a form which cannot be readily identified as your PIN.
do not record your PIN anywhere, in electronic or written form.
do not provide your PIN to any unauthorised person.
do not allow any unauthorised person to observe or hear your PIN.

Pin Maintenance
Your PIN will be posted to you within 5 business days of acceptance by Elders of your registration with Elders Online Client Services.
You will not be able to access/use Elders Online Client Services until you receive your PIN.

Elders must be notified immediately if:

a record of your PIN or your authorised user's PIN is lost or stolen.
you or your authorised user becomes aware or suspects another person knows your PIN or has used your PIN without your authority.

Any unreasonable delay in notifying Elders will expose you to liability for losses incurred by you and Elders as a result of unauthorised access.

Elders may block user access to Elders Online Client Services at any time without notice if Elders believes the service is being misused by you or your authorised user or used without your authority.

Customer Information

You are responsible for ensuring:

the customer information provided to us at the time of registration is accurate and to inform us promptly of any changes to this information.
the accuracy of information provided to us through Elders Online Client Services.

Equipment
The supply and maintenance of any equipment required by you or your authorised user to access Elders Online Client Services is your responsibility including, without limitation, the computer hardware, the software required to access the internet, normal telecommunication charges associated with your internet access and your agreement with an internet service provider.

Liability for Unauthorised Access
You will be liable for the aggregate of:

the total amount that could have been withdrawn from your account(s) on the days that the unauthorised access occurred, and
the losses and costs incurred by Elders attributable to any such unauthorised access resulting from any unauthorised access to your account(s) if you or your authorised user have contributed to the unauthorised access to your account(s) because:
- the PIN was disclosed to another person or an unauthorised user.
- the PIN has not been kept secure and protected.
- the PIN was identified by another person because a record was kept without a reasonable attempt made to disguise it.
- the PIN has been recorded by yourself on other documents or records which would enable unauthorised users to identify the details.
- you unreasonably delay in notifying Elders as soon as you or your authorised user become aware that your PIN was known to another person or had been lost or stolen.
- any other reason for which you ought to have avoided.

You will not be liable for unauthorised access which takes place before you receive your PIN.

Availability of Elders Online Client Services

Elders is not liable to you for or in connection with:

any delay in acting upon instructions received from you or your authorised user as a result of a temporary breakdown or an interruption in Elders Online Client Services.
failure of Elders Online Client Services to perform or complete the particular function we have informed you that the service would perform.
if the internet service provider chosen by you fails to meet your expectations.
the unavailability of Elders Online Client Services as a result of any circumstance or event which is beyond our control.
the currency of information available on Elders Online Client Services as you acknowledge and accept that Elders Online Client Services may only show the transactions and balances on the previous banking day.
any other circumstances beyond Elders' reasonable control.
Elders will endeavour to ensure that the service you seek to use is operational and available to you during the hours notified by us.
Elders may withdraw or deny access to Elders Online Client Services without prior notice to you for reasons of security or quality of the service.

Fees and Charges
Access to Elders Online Client Services is currently free of charge but Elders reserves the right to introduce fees and charges for the use of Elders Online Client Services at any time upon 30 days prior notice.
You will also be subject to any existing fees and charges associated with the account(s) being accessed.

Changes to these Terms and Conditions
Elders reserves the right to vary these Terms and Conditions at any time.

Notices
Notice of any other change to these Terms and Conditions will be given no later than the day the change takes effect.
Such notice may be in writing, through Elders Online Client Services, by major newspaper advertisement or by notices issued through the Elders branch network.
Notice of change is deemed to be accepted by you by your subsequent use of Elders Online Client Services.

Termination and Suspension
You may cancel your access to Elders Online Client Services at any time by giving written notice to Elders.
You may request Elders to cancel the authority of your authorised user to access your account(s) at any time. Such request is to be in written form.
If you give notice to Elders to cancel your access or your authorised user's access, you remain bound by these Terms and Conditions which may apply notwithstanding that your access or your authorised user's access has been cancelled.

Elders may cancel:

your access to Elders Online Client Services by sending you written notice of the cancellation.
your access to Elders Online Client Services at any time without notice if Elders believes that your PIN is being used or may be used in an unauthorised manner or in a manner which may result in losses being incurred by you or by Elders.

Liability
To the extent permitted by law, Elders is not responsible for any loss or damage, including consequential loss or damage, suffered in relation to your use of or inability to use Elders Online Client Services unless it is attributable to the negligence or willful default of Elders Online Client Services.

You are liable for and must indemnify Elders against any loss or damage Elders may incur as a result of you or your authorised user failing to observe your obligations under these Terms and Conditions or acting negligently or fraudulently when using Elders Online Client Services.

Elders Online Client Services does not accept any liability or responsibility for disclosure of information relating to your account(s) through Elders Online Client Services where the information has been obtained by or in conjunction with any person using your PIN.

Elders will not be liable for any unauthorised access to your information transmitted by Elders through Elders Online Client Services in relation to your account(s).

These terms and conditions do not operate so as to exclude, restrict or modify the application of any of the provisions of the Trade Practices Act 1974 or the equivalent State or Territory legislation.

Your Records
You must regularly check your records carefully and report promptly to Elders any transactions which you believe have been processed in error or which you did not authorise.

Exiting Elders Online Client Services
If you use Elders Online Client Services you must click on the exit button when you have finished using the service. This is particularly important in a work environment or another environment where the terminal may be left unattended for any period of time.

Important Disclaimer
This site is based on information provided by Elders as an introduction to Elders, its products and services. All information regarding Elders' products and services is subject to change without notice. Errors and omissions may occur in creating the site. Accordingly, Elders accepts no responsibility for any loss occasioned to any person acting or refraining to act on the information presented.

Terms and conditions and fees and charges which apply together with current information on them are available on request by contacting Elders at its branches or by telephone. Elders' products and services are only available within Australia and Australian law applies to those products and services.

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