PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website
you are agreeing to comply with and be bound by the following terms
and conditions of use, which together with our privacy policy and
website disclaimer, govern Cognis Pty Ltd’s (“Cognis”) relationship
with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and
conditions of use. For the purposes of these terms and conditions,
“Us”, “Our” and “We” refers to Cognis Pty Ltd and “You” and “Your”
refers to you, the client, visitor, website user or person using our
website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of
these terms at any time. Please check these terms regularly prior to
using our website to ensure you are aware of any changes. We will
endeavour to highlight any significant or substantive changes to you
where possible. If you choose to use our website then we will regard
that use as conclusive evidence of your agreement and acceptance that
these terms govern your and Cognis’ rights and obligations to each
other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you
agree and accept that Cognis is not legally responsible for any loss
or damage you might suffer related to your use of the website, whether
from errors or from omissions in our documents or information, any
goods or services we may offer or from any other use of the website.
This includes your use or reliance on any third party content, links,
comments or advertisements. Your use of, or reliance on, any
information or materials on this website is entirely at your own risk,
for which we shall not be liable.
It shall be your own responsibility to ensure that any products,
services or information available through this website meet your
specific, personal requirements. You acknowledge that such information
and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest
extent permitted by law.
Cognis may from time to time provide on its website, links to other
websites, advertisements and information on those websites for your
convenience. This does not necessarily imply sponsorship, endorsement,
or approval or arrangement between Cognis and the owners of those
websites. Cognis takes no responsibility for any of the content found
on the linked websites.
The Cognis website may contain information or advertisements provided
by third parties for which Cognis accepts no responsibility whatsoever
for any information or advice provided to you directly by third
parties. We are making a ‘recommendation’ only and are not providing
any advice nor do we take any responsibility for any advice received
in this regard.
DISCLAIMER
To the fullest extent permitted by law, Cognis absolutely disclaims
all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for any particular
purpose. Cognis gives no warranty that the documents, goods or
services will be free of errors, or that defects will be corrected, or
that our website or its server is free of viruses or any other harmful
components.
Whilst we, at all times endeavour to have the most accurate, reliable
and up-to-date information on our website, we do not warrant or make
any representations regarding the use or the result of the use of any
document, product, service, link or information in its website or as
to their correctness, suitability, accuracy, reliability, or
otherwise.
It is your sole responsibility and not the responsibility of Cognis to
bear any and all costs of servicing, repairs, or correction. The
applicable law in your state or territory may not permit these
exclusions, particularly the exclusions of some implied warranties.
Some of the above may not apply to you but you must ensure you are
aware of any risk you may be taking by using this website or any
products or services that may be offered through it. It is your
responsibility to do so.
YOUR PRIVACY
At Cognis, we are committed to protecting your privacy. We use the
information we collect about you to maximize the services that we
provide to you. We respect the privacy and confidentiality of the
information provided by you and adhere to the Australian Privacy
Principles. Please read our separate
Privacy Policy
carefully.
THIRD PARTIES
We do not and will not sell or deal in personal or customer
information. We may however use in a general sense without any
reference to your name, your information to create marketing
statistics, identify user demands and assist in meeting customer needs
generally. In addition, we may use the information that you provide to
improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Cognis may be required, in certain circumstances, to disclose
information in good faith and where Cognis is required to do so in the
following circumstances: by law or by any court; to enforce the terms
of any of our customer agreements; or to protect the rights, property
or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or
services for the purpose of providing them for a fee to users, whether
they be business users or domestic users, then you are a competitor of
Cognis. Cognis expressly excludes and does not permit you to use or
access our website, to download any documents or information from its
website or obtain any such documents or information through a third
party. If you breach this term then Cognis will hold you fully
responsible for any loss that we may sustain and further hold you
accountable for all profits that you might make from such unpermitted
and improper use. Cognis reserves the right to exclude and deny any
person access to our website, services or information in our sole
discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout,
look, appearance, trademarks and graphics. You are not permitted to
reproduce the documents, information or materials on the website for
the purposes of sale or the use by any third party. In particular you
are not permitted to republish, upload, transmit electronically or
otherwise or distribute any of the materials, documents or products
that may be available for download from time to time on this
website.
Cognis expressly reserves all copyright and trademark in all
documents, information and materials on our website and we reserve the
right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in
any form is prohibited other than the following: you may print or
download to a local hard disk extracts for your personal and
non-commercial use only; and you may copy the content to individual
third parties for their personal use, but only if you acknowledge the
website as the source of the material.
You may not, except with our express written permission, distribute or
commercially exploit the content. Nor may you transmit it or store it
in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you
and Cognis concerning your use and access to the Cognis website and
your use and access to the documents and information on it. No other
term is to be included in this agreement except where it is required
to be included by any legislation of the Commonwealth or any State or
Territory. All implied terms except those implied by statute and which
cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be
illegal, void, or unenforceable in any State or Territory then such a
clause shall not apply in that State or Territory and shall be deemed
never to have been included in these terms and conditions in that
State or Territory. Such a clause if legal and enforceable in any
other State or Territory shall continue to be fully enforceable and
part of this agreement in those other States and Territories. The
deemed exclusion of any term pursuant to this paragraph shall not
affect or modify the full enforceability and construction of the other
clauses of these terms and conditions.
CONSULTING SERVICES
By engaging our services, you agree that Cognis Pty Ltd is reliant on
the information supplied by the client in order to provide the
services and cannot be held responsible for any results of our
services provided based on such client information. You are liable and
fully responsible for any decisions you make based on our services or
recommendations and any consequences which may result.
Any and all information on our website is educational and for
information purposes only, intended to assist you. It is not to be
construed as business advice and should not substitute professional
advice based on your own business or personal circumstances.
JURISDICTION
This agreement and this website are subject to the laws of Victoria
and Australia. If there is a dispute between you and Cognis that
results in litigation then you must submit to the jurisdiction of the
courts of Victoria.