WEBSITE TERMS OF USE
1. Website
1.1. This website is owned and operated by Cigno Australia Pty Ltd (ABN 41 648 971 626) (hereafter referred to as we, us, our, Cigno). Your use of this website is governed by these terms of use (Terms). By continuing to access and use this website, you agree to be bound by these Terms (as amended from time to time).
2. User Eligibility
2.1. You acknowledge and agree that:
2.1.2. we can use information to provide you with our services, this may include presenting you with offers or opportunities from third parties which may require us to provide some of your personal information to third parties;
2.1.3. any advice provided to you in the use of this website is of a general nature and is not considered to be providing any type of financial advice;
2.1.4. we do not provide any type of legal, accounting, tax or financial advice and we are not purporting to be professional advisors in any of these areas;
2.1.5. you are solely responsible for any decision to enter into a transaction in connection with these Terms or the use of our services, including the evaluation of any and all risks related to any such transaction;
2.1.6. we are not responsible for any loss caused by your failure to act in accordance with our policies or procedures; and
2.1.7. you engage in your own transactions entirely at your own risk.
3. Cigno Membership
3.1. You must become a Cigno Member to access certain functions or features of this website (Restricted Features).
3.2. To become a Cigno Member, you must:
3.2.2. have the capacity to enter into a contract; and
3.3. We may from time to time and in our absolute discretion determine the functions or features of this website which are Restricted Features.
3.4. To become a Cigno Member, you must provide us with any information requested by us, which will include personal information about you. By becoming a Cigno Member, you:
3.4.2. warrant that you are creating an account to use for yourself and not on behalf of any other person;
3.4.3. warrant that you have not been previously banned being a Cigno Member;
3.4.4. agree that we reserve the right to remove or reclaim any username at our discretion; and
3.4.5. agree that we may deal with personal information that you provide to us in accordance with our Privacy Policy.
3.5. When you become a Cigno Member, you will be required to set a username and password. You must:
3.5.2. take reasonable steps to prevent any other person from discovering your username and password and using it to log in to this;
3.5.3. immediately notify us if you have any reason to suspect your username or password has been lost, stolen or compromised.
3.6. You agree that we are entitled to assume that any information communicated to us via your Cigno Membership:
3.6.2. we are not in any circumstances required to enquire into whether or not information was communicated by you or by someone using your Cigno Membership without your authority.
3.7. You must indemnify us against any loss, cost or damage we suffer or any liability that we incur (to you or any other person) as a result of the use of this website using your Cigno Membership, whether as a result of your use of your Cigno Membership, someone using your Cigno Membership with your authority or someone using your Cigno Membership without your authority.
3.8. We may at any time in our discretion suspend or terminate your Cigno Membership and prevent you from accessing the Restricted Features.
4. Privacy
4.1. We will deal with personal information in accordance with the Privacy Act 1988 and our Privacy Policy.
4.2. Our Privacy Policy sets out how we:
4.2.2. how you can complain to us about the handling of personal information about you; and
4.2.3. how we will handle any complaint.
4.3. We may disclose the information provided to us with third parties who help us deliver our services (including information technology providers, communication providers and our business partners and related entities) or as required by law. This includes recipients who may be located outside Australia.
4.4. If you do not provide us with the personal information that we request, we may not be able to provide all our products or services to you.
4.5. We may use cookies to facilitate a more personalised web browsing experience. You may disable the cookies in your web browser’s settings.
5. Content on this website
5.1. The Content on this website is intended to provide a summary of the subject matter covered. While we use reasonable steps to ensure the accuracy and completeness of the Content, to the greatest extent permitted by law we give you no warranty about the accuracy or completeness of the content or information on this website.
5.2. Content on this website may change without notice to you, but we do not warrant that we will keep this content or information updated.
5.3. We are not liable to you or anyone else if the Content is not up-to-date, accurate or complete.
5.4. We are not liable to you or anyone else if any part of this website (or a website linked from this website) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which this website (or a website linked from this website) could damage your computer systems (including your mobile devices).
5.5. Any information on this website is general in nature and does not take into account your personal circumstances. You agree that nothing on this website is a representation that a particular product will be suitable for you or advice that you should acquire a particular product or use a particular service.
6. Warranties and Disclaimer
6.1. The Content and this website are provided on an ‘as is’ basis, and you acknowledge that:
6.1.1. your use of this website is at your own risk and is also subject to the terms and conditions of the websites, products and services of our affiliates that you access via our services;
6.1.2. at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so.
6.2. In Australia, our services come with guarantees that cannot be excluded under Australian Consumer Law.
6.3. Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under Australian Consumer Law.
6.4. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
6.4.2. the accuracy, adequacy or completeness of information on this website (nor do we undertake to keep this website updated).
6.5. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
6.5.2. our maximum liability to you is limited to the reasonable cost of having the features or service re-provided to you.
6.6. In entering into these Terms, you represent and warrant to us that:
6.6.2. we, and our agents, will be entitled to rely on the accuracy and completeness of any information provided by you;
6.6.3. you have not entered into these Terms in reliance on or as a result of any statement by us or any conduct of any kind by us;
6.6.4. you have independently satisfied yourself in respect of all matters in connection with these Terms;
6.6.5. your use of this website does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
6.6.6. you will not infringe or violate any of the Terms;
6.6.7. you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use this website in accordance with these Terms, and to fully perform your obligations under these Terms;
6.6.8. you are solely responsible for complying with applicable laws regarding use of this website; and
6.6.9. you have read and agree to assume the risks identified above.
7. Limitation of Liability
7.1. To the maximum extent permitted at law, including under Australian Consumer Law, we shall not be liable to you for any direct or indirect loss, damage or expenses, howsoever arising, which may be suffered as a result or in connection with your use of this website, or any material accessible via this website.
8. Third Party Websites
8.1. This website may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. We may place links to referral programs within this website pursuant to which we may obtain a financial benefit if you visit such a link and then make a purchase from a third party website.
9. Intellectual Property
9.1. The Content and this website are protected by intellectual property laws.
9.2. Unless otherwise stated, we own or license from third parties all of the rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content and this website.
9.3. Subject to these Terms, we grant you a limited licence to access this website and view and use the Content for personal, non-commercial purposes. Nothing in these Terms operates to grant you any further right or interest in the Content, this website.
9.4. Except where necessary for viewing the Content on this website on your browser, or as permitted under any applicable legislation, no Content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without our specific written consent.
10. No Commercial Use
10.1. This website is provided for your personal, non-commercial use only. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website unless authorised by us in writing.
10.2.You must not use this website, or any of the Content, to further any commercial purpose.
11. Proper Use
11.1. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or is unlawful or prohibited by any laws applicable to this website, including but not limited to any act which would constitute a breach of privacy, using this website to defame or libel us, our employees or any other individuals.
11.2. You must not seek to reverse engineer the code contained in this website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to this website any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of security protocols.
11.3. If we permit you to post any information, such as comments or other content, to this website, we reserve the sole right to remove that information without notice to you. If you are permitted to post information to this website, in doing so you agree that you are deemed to have granted us a irrevocable and unlimited license to use any of that information in any manner we see fit.
12. General Matters
12.1. If any part of these Terms is found to be void or unenforceable then it is deemed to be severed from these Terms and the balance of the Terms will be read without that part.
12.2. Your use of the website and these Terms are governed by the laws of Queensland, Australia and you agree to submit to the non-exclusive jurisdiction of the courts in Queensland, Australia in respect of any dispute arising from these terms.
12.3. We may amend these Terms from time to time and in our absolute discretion. By continuing to use this website after any such amendment, you agree to the Terms as amended.
12.4. Your access to all or part of this website may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.
13. Definitions
13.1. In these Terms:
Cigno Membership means the user credential and personal profile that you register with us in order to access certain features of this website.
Content means the contents of this website, including any information, stylistic elements (such as text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including programs) and other material on this website;
Privacy Policy means the Cigno privacy policy;
Restricted Features means the features and functions of this website that are only accessible to persons logged in with their User Account.