Legals


TERMS & CONDITIONS

Your access to and use of this website, including without limitation all services, information, text, graphics, links or other items or materials provided or contained herein (the "Site") is subject to the following terms and conditions (the "Terms & Conditions") and the applicable law.

By accessing and using the Site and any web page hereof, you unconditionally agree to be bound by these Terms and Conditions in their entirety and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. If you do not accept these Terms and Conditions, please immediately discontinue your access to this Site and the web pages hereof.

The Site is controlled and maintained in Australia and Cerebos (Australia) Limited ("Cerebos") makes no representation that the material and information contained here in is appropriate or available for use in other locations/jurisdictions. Where third parties supply content published on the Site, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) or the use of such content.

The Site is for your personal use. Unless otherwise specified, all information and materials on the Site are presented to provide general information regarding Cerebos and its products under the company's trademarks. Cerebos does not make any representation that any products on the Site are appropriate and/or available for use at all locations. The material available on this website may be restricted by law in certain jurisdictions. It is your responsibility to find out what those restrictions are and observe them. Cerebos may modify or revise these Terms & Conditions by posting such modifications or revisions on this Site from time to time without prior notice. Your continued use of this Site thereafter constitutes acceptance of all the prevailing Terms & Conditions as modified from time to time.

INTELLECTUAL PROPERTY

You acknowledge and agree that all works and other subject matter contained in this Site, including but not limited to text, software, music, sound, photographs, illustrations, graphics, videos, or other material contained in or presented to you on this Site, as well as their selection and arrangement ("Materials"), are protected by our or other third parties' copyrights, trade marks, service marks, patents, or other proprietary rights and laws. Cerebos only authorizes you to view and download Materials at this Site in the course of your accessing the same for your personal, non-commercial purposes. In particular, but without limitation, you may not modify the Materials on this Site in any way or reproduce or publicly display, publish, perform, distribute, "deep-link", transmit, create adaptations or derivative works thereof, incorporate the same in any database, compilation, archive or cache, distribute the same to others, whether or not for payment or other consideration. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not engage in any data mining, data gathering or extraction. Any use of these materials on any other website (including without limitation, displaying this Site or any material displayed on or that can be downloaded from this Site in frames on another website without Cerebos' express written permission) is prohibited. Without prejudice to the generality of the foregoing, all names, logos and marks on the Site are the property of or duly licensed to Cerebos in locations where Cerebos sells its products bearing any of the company's trademarks. Modification, download, reproduction or use of these trade marks or any materials on the Site, other than as provided in these Terms & Conditions or in accordance with the contents of the Site, is strictly prohibited. Nothing contained in this Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without prior written permission of the relevant owner or third party owner.

TRANSMISSION OF INFORMATION

You agree to provide true, accurate, current and complete information if and when you elect to provide such information that may be requested on the Site. You also agree to maintain and promptly update any such information to keep it accurate. In particular, but without limitation, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.

You agree that any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain the property of Cerebos and may be used by Cerebos in such manner as it sees fit and for any reason whatsoever, and will be treated as non-confidential and non-proprietary. Cerebos will not have any obligation to use or evaluate any information received from you, and Cerebos will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

You agree not to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane materials or any materials that could constitute or encourage conduct that would be considered a criminal offence or violate any law. We reserve the right to delete any objectionable materials.

Visitors or users of the Site who submit any information or materials to Cerebos by using the Site hereby grant to Cerebos a worldwide royalty-free perpetual licence for the use of the copyright and/or any other intellectual property rights in such information or materials for any purpose Cerebos shall deem fit including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.

Cerebos shall not be under any obligation of confidentiality to visitors or users of the Site regarding any such information or materials submitted to it using the Site unless agreed otherwise in a separate direct contract, required by law or in accordance with our Website Privacy Policy.

Disclaimer

You expressly agree that use of the site is at your sole risk and is provided on an "as is" and "as available" basis.

Cerebos assumes no responsibility for any errors or omissions. To the maximum extent permitted under law, cerebos and its affiliates and subsidiaries and their successors and assigns (collectively, "affiliates") and any officer, director, employee, subcontractor, agent (collectively, "agents") respectively thereof expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose and/or non-infringement. Cerebos and its affiliates and agents make no warranty, express or implied, that the site or any services, products, or information obtained on or through the site will meet your requirements or will be uninterrupted, timely, secure, virus-free or error free, nor does cerebos or its affiliates or agents make any warranty, express or implied, as to the results that may be obtained from the use of this site or any services, products or information obtained on or through the site or as to the accuracy, completeness or reliability thereof. Cerebos does not undertake and is not obliged to update or correct any information that appears on the site or any website linked hereunder.

You understand and agree that any material and/or information downloaded or otherwise obtained through the use of or from the site is at your own discretion and risk and that you will be solely responsible for your use or non-use of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury. No advice or information, whether oral or written, obtained by you from cerebos or through or from any service or product on the site shall create any warranty not expressly stated herein. All implied warranties are excluded.

Some of the material or information contained in the site comprises syndicated content, facts, views, opinions, statements and/or recommendations provided by third party individuals and organizations. These do not necessarily represent the views of cerebos and cerebos does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the site. Any reliance upon any such opinion, advice, statement or information is at your sole risk. Cerebos will not be liable for any loss, damages or injury of any kind arising from your use of or reliance on such content.

LIMITATION/EXCLUSION OF LIABILITY

To the maximum extent permitted under law, cerebos and its affiliates and agents shall not be liable for any direct, indirect, incidental, special, statutory, consequential and/or punitive damages, resulting from or in connection with the use or the inability to use the site or any services, products or information obtained on or through the site, even if cerebos or its affiliates or agents have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any material contained on or accessed through the site; linking to any third party site from the site; any unauthorized access to any information on the site and/or submitted by you to or through the site; cost of procurement of substitute goods or services; messages received through or from the site; and/or loss of profits, use, data or other losses.

You further agree that to the maximum extent permitted under law, cerebos and its affiliates and agents shall not be liable for any damages arising from interruption, suspension or termination of the site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
The limitation/exclusions of liability herein shall also apply to other sites which may be linked to the site.
You acknowledge that the limitations and exclusions of liability set forth in these terms & conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and cerebos, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these limitations and exclusions shall be enforceable to the fullest extent permitted by applicable law.

In certain cases, the applicable law does not allow limitation or exclusion of liability and therefore the above limitation may not apply to you. However, Cerebos' total liability to you, in respect of all information, representations and warranties contained in this site, shall in no event exceed the total amount paid by you to access the site.

INDEMNITY

You will indemnify and hold harmless Cerebos, its Affiliates and Agents against any and all actions, liability, claims, loss, damage, proceedings, expenses (including legal fees, costs and expenses on a full indemnity basis), judgments, settlements, penalties, suffered or incurred in connection with claims due to, resulting from or arising in connection with, whether directly or indirectly, your use of the Site, your connection to the Site, your breach of these Terms & Conditions or any law, regulation or third party rights in connection with your use of this Site or the information and materials hereon, your breach of any rights of another party, and/or any infringement, misappropriation or violation by you of any copyrights, trade mark or other rights of Cerebos or any third party. This indemnity survives termination of these Terms & Conditions.
If any provision of the Terms & Conditions is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the remaining Terms & Conditions for the Site will in any event remain valid and enforceable. In cases where the applicable law does not allow the restriction, limitation or exclusion of liability, Cerebos' total liability to you, in respect of all information, representations and warranties contained in the Site, shall in no event exceed the total amount paid by you to access the Site.

HYPERLINKS

The Site provides links to other websites or resources for your convenience only and those websites and resources are not under Cerebos' control. Use and access of these websites or resources are at your own risk. You acknowledge and agree that Cerebos is not responsible for the availability, reliability or accuracy of such sites or resources, and Cerebos does not endorse the same, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available therefrom. You agree that Cerebos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such sites or resources.

GOVERNING LAW

These Terms & Conditions are governed by laws of Australia and you hereby submit to the non-exclusive jurisdiction of the courts of Australia. No person or entity which is not a party to this agreement shall have any rights pursuant to any law or regulation to enforce any of the terms of this Agreement, save for our licensors, suppliers, vendors, Affiliates and Agents who may each do so severally and in its own right.

PRIVACY POLICY

This Website Privacy Policy explains the type of information that will be collected in the course of your visit to the Site (as defined in the Legal Notice) and the purpose for which we will utilise the information.
Cerebos (Australia) Limited and its related companies and associates ("Cerebos") respect the privacy of all visitors to the Site. We are bound by the Privacy Act 1988 (Cwth) ("the Act") and the National Privacy Principles (NPPs), which set out a number of principles concerning the collection, storage, use and disclosure of personal information.

INFORMATION WE COLLECT

We will not collect personal information about you unless the information is voluntarily submitted by you. Personal information means information or an opinion about an individual whose identity is apparent or from which your identity can be reasonably ascertained.

The information about you that we collect through this Site includes your name, address, email address, telephone numbers, gender, age and personal preferences.

We collect information submitted by you on this Site when you register, contact us, or otherwise submit information via this Site. The provision of personal information and data by you is voluntary. If you do not want your information to be used for the purposes mentioned below, please do not provide us the information.

We receive and store certain types of information whenever you interact with us. For example, like many websites, when you visit our Site, our server attaches a small data file known as a "cookie" to your hard drive. This enables us to analyse usage patterns on our Site in order to tailor it to your needs. Cookies identify your computer to our servers when you visit our Site. Most web browsers are set to accept cookies. If you do not wish to accept cookies, you can refuse the transfer of cookies to your computer's hard drive by adjusting your Internet browser. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. We do not store any information inside cookies.

We may collect information about the date, time and duration of visits and which pages of the Site are most commonly accessed. This information may be used by us to help to improve the Site. We do not link this information back to other information that you have provided to us.

WHAT WE DO WITH YOUR PERSONAL INFORMATION

We will treat any personal information that we receive from you with care and recognize the need for appropriate action to manage and protect any information that you share with us. Cerebos will not sell, rent, or otherwise deal in, disclose or reveal personal information for any commercial purpose or gain without your consent, unless permitted or required by law.

We may from time to time disclose the personal information that we receive from you to certain selected organisations, sub-contractors and agents to whom we outsource certain functions for example, mailing houses, person's answering customer support inquiries or performing statistical analysis of our services and products, including such organisations, sub-contractors and agents that are located outside Australia. We may from time to time disclose the personal information that we receive from you to other related bodies corporate of Cerebos, including those that are located outside Australia.

We will not pass on your information for direct marketing purposes to anyone other than the persons or organisations set out above unless you have indicated to us that you would like to receive information about products and services.

WHY WE COLLECT YOUR PERSONAL INFORMATION

We may collect your personal information, including sensitive information, for a number of reasons, including: 
(a) suggesting and selecting products which may interest you;
(b) providing general health information, and information on products and services; 
(c) customizing of certain products and/or services;
(d) conducting analysis for marketing and research so that we can improve our products;
(e) conducting statistical analysis, in order that we can better understand your needs and/or discern general patterns and trends of consumption; 
(f) to conduct and administer competitions and promotions;
(g) sending you publications, correspondences, email releases, updates or notifications;
(h) providing access to restricted areas of the Site; and
(i) for such other purposes as you have previously agreed to.

From time to time, we may have contests or competitions and you will have to supply us with specific personally identifying information. In such cases please note that the Privacy Policy may be varied and the changes brought to your attention in the relevant pages of the Site.

The above shall not apply or shall cease to apply to such information as (a) has become public knowledge other than through disclosure by Cerebos, (b) was already known to Cerebos prior to your disclosure, or (c) is required to be disclosed by Cerebos by any competent judicial, governmental or regulatory body; laws or regulations of Australia or any other territory.

CONTACTING US

If you have submitted information, but do not wish for us to make any further use of the information for the above purposes or wish to access or make changes to the information you provided us, you may write to us at the following address and to the attention of "Privacy Officer" at Cerebos (Australia) Limited, Private Mail Bag 15 Seven Hills NSW 1730 or contact us at 1800 656 115 or +61 2 9624 5200, and we will exercise all reasonable efforts to remove the relevant information from our records, provide access or change your information. In most cases you can access your personal information.

If you would like to obtain further information about how we deal with your personal information or you have any concerns about privacy or you wish to complain about a breach of privacy, you may contact us using the contact details above.

Children and young people who are below 18 years of age are advised to obtain permission from their parents or guardians before they submit personal information to the Site.

If you have any questions regarding this Privacy Policy, please feel free to e-mail us at privacy@cerebos.com.au and we will respond to your enquiries as soon as we can. Cerebos may from time to time amend this Privacy Policy without prior notice.