SAXA - Legals
TERMS AND 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 and entertainment. Unless otherwise specified, all information and materials on the Site are presented to provide general information regarding Cerebos and its products under SAXA trademark. 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 the SAXA trademark. 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.

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 there from. 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

Protecting your privacy is important to us.

Every time we collect or otherwise deal with your Personal Information, we are regulated (as relevant) by the Australian Privacy Principles, contained within the Privacy Act 1988 (Cth), and the Spam Act 2003 (Cth).

We have developed this Privacy Policy to inform you about:

  • the kind of information collected by us;
  • the purposes for which we may collect, hold, use and disclose your Personal Information;
  • how we hold, use and disclose your Personal Information;
  • how you can access or correct your Personal Information that is held by us; and
  • how you may lodge a complaint and how we will deal with it.

You should read this Privacy Policy in conjunction with the Terms and Conditions of Use, of which this Privacy Policy forms part.

To obtain a free copy of this Privacy Policy please call us on FREECALL 1800 656 115.

Collection of Your Personal Information

We generally collect your Personal Information where you provide it to us willingly and with your full consent, unless it is unreasonable or impracticable to do so. We only collect Personal Information where it is reasonably necessary for one or more of our functions or activities, for example to improve delivery of our services, tell you about our great offers or developments, invite you to participate in our promotions and competitions, or to investigate your complaints and grievances. When collecting your personal information, we will do so only by lawful and fair means.

Generally, we collect your Personal Information in the following situations:

WHERE YOU VOLUNTARILY PROVIDE INFORMATION TO US

For example when you:

  • contact our Consumer Services Team;
  • participate in our promotions, prize draws or competitions;
  • subscribe to publications or communications from us; or
  • register to become a member of one of our clubs.

The information we collect from you may include, but is not limited to your name, address and email address. Our communications always include information on how to opt out from receiving further information or services from us. Entry into promotions, prize draws and competitions is entirely voluntary and you are under no obligation to enter. Should you choose to enter, we recommend that you read and print out the terms and conditions of the promotion, prize draw or competition in question, as these may include additional information about how we may use your data in relation to that particular prize draw or competition.

If you wish to communicate with us anonymously or by using a pseudonym, you may do so. However, it may be impracticable in some circumstances, for example, if you wish to participate in a promotion.

WHERE WE COLLECT INFORMATION FROM YOUR DEVICE WHEN YOU VISIT OUR WEBSITE

When you visit our website or download information from it, our Internet Service Provider makes a record of your visit and records the following information:

  • your internet address;
  • domain names, if applicable; and
  • the date and time of your visit to the website.

We use this data to analyse trends and statistics. This web site also uses Cookies and Google Analytics service.

COOKIES

“Cookies” are a standard mechanism for storing small pieces of data on a web client (i.e. the web browser on your computer). Any web server (including this one) may:

  • store one or more cookies in your browser; or
  • request your browser to transmit the data to the web server.

This web site may store cookies on your web client in order to better serve you upon your subsequent visits to this web site.

By using cookies, web sites can track information about visitors’ usage of the site and provide customised content. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.

Please note that most web browsers can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. For further information about working with cookies, visit your browser manufacturer’s website or read the Wikipedia entry (http://en.wikipedia.org/wiki/HTTP_cookie).

GOOGLE ANALYTICS

Google Analytics is a web analytics service provided by a third party company (“Google”). Google Analytics installs cookies to analyze how the website is being used. Google Analytics uses cookies to define user sessions, as well as to provide a number of key features in the Google Analytics reports. Google Analytics sets or updates cookies only to collect data required for the reports. Additionally, Google Analytics uses only first-party cookies. This means that all cookies set by Google Analytics for your domain send data only to the servers for your domain. This effectively makes Google Analytics cookies the personal property of your website domain, and the data cannot be altered or retrieved by any service on another domain.

The information generated by those cookies about your use our websites and your current IP address will be transmitted by your browser to Google and will be stored by Google on servers in the United States of America and other countries. Google will use this information on our behalf for the purpose of evaluating your use of this website, compiling reports on website activity and providing other services relating to website activity and internet usage for us. The IP address collected through Google Analytics will not be associated with any other data held by Google. You may choose to disable or block the Google cookies by selecting the appropriate settings on your browser. You may download and install the Google Analytics Opt-out Browser Add-on available on the Google website.

All the information we collect from your device is anonymous and cannot be collated to identify you personally. Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser allowing you to either accept or reject them.

Collection of Your Sensitive Information

We collect minimal amounts of sensitive information. We generally only collect sensitive information (for example, information regarding your health) which is provided to us by you (or is provided to us with your consent) and which is reasonably necessary to fulfil our obligations pursuant to the mandatory reporting provisions of the Australian Consumer Law.

Collection of Information From Third Parties

As much as possible, we will collect your Personal Information directly from you, unless it is unreasonable or impracticable to do so.

In some instances, we may collect your Personal Information from a third party. We will do so only in the following circumstances:

  • If you have consented for us to collect your information from a third party; or
  • Where such collection is authorised or required under Australian law; or
  • Where it is unreasonable or impracticable to collect your Personal Information directly from you.

If we collect your Personal Information from a third party, then as soon as is practicable, we will take such steps as are reasonable in the circumstances in order to notify you of such matters that we are obliged to make you aware of, pursuant to the Privacy Act 1988 (Cth). For example:

  • your identity and contact details;
  • the fact that we collect or have collected the information and the circumstances and the purpose of that collection;
  • information about how you may access your Personal Information that is held by us and how you may seek correction of this information;
  • information about how you may complain about a breach of the Australia Privacy Principles by us and how we will deal with your complaint.

Use and Disclosure of Your Personal Information

We collect, use and disclose your Personal Information for a range of purposes. These purposes depend largely upon your relationship with us. At the time of collection or if this is not practicable, as soon as is practicable after we collect your Personal Information, we will notify you of the purpose for which we have collected it (“Primary Purpose”).

We will generally use your Personal Information for the Primary Purpose and will not use or disclose this information for another purpose (“Secondary Purpose”), unless such disclosure is permitted by the Privacy Act 1988 (Cth).

Generally speaking, we use or disclose Personal Information for purposes such as:

  • to notify customers of products and services that may assist you, including any special offers available;
  • to deal with any inquiries by customers;
  • to fulfil our mandatory statutory obligations; or
  • to improve the quality and level of services offered by us.

We may, where necessary for business, contract out various services associated with our functions and activities. This may involve the disclosure of your Personal Information (subject to this Privacy Policy and the provisions of the Privacy Act 1988 (Cth)) to other persons and organisations that we engage on our behalf or to other companies within our group of companies. Please be assured that all service providers and subcontractors that act on our behalf are contractually obligated to comply with the Privacy Act 1988 (Cth) and to ensure that your Personal Information is handled in a manner consistent with our obligations under this Privacy Policy.

The types of persons and organisations to which we may disclose your Personal Information include the following:

  • organisations with whom we have arrangements or agreements for the purpose of promoting our products or services and any agents used by us in administering such arrangements or agreements;
  • our agents, contractors and external advisers who carry out our functions and activities or who assist us to carry out our functions and activities from time to time; and
  • other parties to whom we are authorised or required by law to disclose information.

Unsolicited Personal Information

We do not generally receive any Personal Information without requesting it.

If we do receive your Personal Information without requesting it (unsolicited), we will treat such information in exactly the same way as if we had asked for it, that is, in accordance with this Privacy Policy and the Privacy Act 1988 (Cth).

If within a reasonable time, we determine that the unsolicited Personal Information received by us is not reasonably necessary for one or more of our functions or activities or where it is it collected by unlawful and unfair means or without your consent, we will destroy or de-identify your Personal Information as soon as is practicable, but only if it is lawful and reasonable to do so and if the information is not contained in a Commonwealth record.

Security of Your Personal Information

We take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. We do this by means of various physical and electronic security measures, including restricting physical access to our offices and implementing a number of technological and security policies and procedures.

If we no longer require your Personal Information for the purpose for which this information was collected, we will take all steps reasonable in the circumstances to destroy the information (unless we are required to retain this information pursuant to an Australian law) or ensure that the information is de-identified.

We may use servers in the USA or New Zealand to route through and store your Personal Information. No overseas recipients have access to your information. A number of policies and procedures are in place to ensure the safety and secure storage of your Personal Information handled and stored by us.

Use of Your Personal Information for Direct Marketing

We only use or disclose your Personal Information for direct marketing purposes (that is, to communicate with you directly to promote our goods and services) when we have your permission to do so, or where you have a reasonable expectation that your Personal Information will be used for this purpose and where you have not opted out from us contacting you.

In cases where you would not expect us to use your Personal Information for direct marketing purposes or the information has been collected by us from a third party, we will use or disclose your information for direct marketing purposes with your consent (or without your consent if it is impracticable for us to obtain your consent) and within each communication provide you with a simple and obvious means by which you may easily opt out from receiving further communications from us.

If you receive marketing offers from us and do not wish to receive them any longer, please call our Consumer Services Team on FREECALL: 1800 656 115.

Access to Your Personal Information

You may request details of the Personal Information we hold about you by writing to us or contacting us by telephone. We will respond to your request within a reasonable period of time and give you access to the information in the manner requested by you if it is reasonable and practicable to do so.

In general, we will allow you access to the Personal Information we hold about you, unless a specific exception applies, and will take such steps as are reasonable to provide you with the information in the form you require.

If we deny you access to any Personal Information following an access request or provide you with access not in the manner requested by you, we will give you a written notice that will set out the reasons for the denial and the mechanisms available to you to complain about our refusal.

We will not charge any fee for the provision of this information, except when we are required to spend an unreasonable amount of time or effort to provide you with the information. If there is a charge, it will not be excessive and will not apply to the making of the request.

Collection of Your Personal Information

We will take all reasonable steps to ensure that your Personal Information that is in our possession is accurate, up-to-date and complete. If you are aware that any of your Personal Information is inaccurate, incomplete or out of date, please inform us on FREECALL: 1800 656 115 so that we can update our records.

If you make a request to correct your Personal Information we will respond to your request within a reasonable period of time. We will not charge you any fee for making the request or for correcting your Personal Information.

Information About Our Complaints Resolution Process

If you have a complaint about the way we collect, store or handle your Personal Information please call our Consumer Services Team on FREECALL: 1800 656 115.

Within a reasonable period of time after the complaint has been made, we will follow up and investigate the complaint with a view to resolving it with you directly.

We will provide you with a written note with the results of our investigation and the mechanisms available to you to complain if you are not satisfied with our investigation or proposed resolution.

You can also contact The Office of the Australian Information Commissioner (OAIC) (http://www.oaic.gov.au) if you believe that your privacy has been interfered with or if you are not satisfied with the results of our investigation.

Changes to the Privacy Policy

Our Privacy Policy is reviewed on a regular basis. We may change our policies and update the Privacy Policy from time to time. We may send you updates to our Privacy Policy using methods we choose from time to time, and the most up-to-date copy will be published on our website at www.cerebos.com.au.

General

In this Privacy Policy:

  • “Us” means Cerebos (Australia) Limited and includes any of its directors, employees, associated entities and affiliates. “Our” and “we” have the corresponding meanings.
  • “Personal Information” means any information from which your identity is apparent or can be reasonably ascertained.

Enquiries

If you have any concerns or enquiries about how we deal with your Personal Information, you should contact us:

Consumer Services Team
Cerebos (Australia) Limited
92-96 Station Road
Seven Hills NSW 2147
FREECALL: 1800 656 115

Updated May 2018

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