Terms & Condition
1. Introduction
These Terms & Conditions (‘Terms’) govern your use of the website located at http://localhost/convert/. The website convergentcapital.com.au and all its subpages are owned (either directly or under license) and operated by Cthree Pty Ltd (ABN 50 094 724 204). All references to ‘us’, ‘we’, ‘the company’, ‘the group’, ‘the Website’ and ‘our’ applies to this organisation.
It is important that you read these Terms carefully. We urge you to contact convergentcapital.com.au with any questions you have before using the Website. Usage of the Website implies that you acknowledge that you have read and understand these Terms, our Privacy Policy and other related policies and you agree to be bound by them. If you do not accept these Terms, please do not use the Website.
2. Definitions
“Confidential Information” means any of our information, or information of another User which is designated as confidential or which is of a confidential or sensitive nature, which is marked or denoted as confidential or which a reasonable person to whom that information is disclosed or to whose knowledge the information comes would consider confidential.
“Content” means anything that is uploaded, posted or otherwise transmitted through the Website or other means.
“Intellectual Property” Means all intellectual property rights (including, without limitation, all registered and unregistered copyright, designs, trademarks and patents) of any nature in any technology, trade secrets, User lists, User details (including, but not limited to, User names, User emails, telephone numbers and addresses) and User-related information, software, program, inventions, designs, works and subject matter belonging to us.
“Membership” means an application to us, through the Website, for a User name, account and password.
“Membership Data” means any information provided by you to us in any registration or request form on the Website or otherwise.
“Third Party” means an entity other than Cthree Pty Ltd (ABN 50 094 724 204) or its subsidiaries.
“You” means the user or any other party currently accessing the Services.
3. Use of Website
- We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion; and
- We may at times take the Website down for any reason and without notice including maintenance purposes or the Website may be inaccessible due to circumstances beyond our control. Users accept that the Website may not operate on a continuous basis and may be unavailable from time to time.
- Access to the Website is on an “as-is” basis. As per our Privacy Policy, we endeavour to protect user’s privacy at all times however we do not represent that our Website is totally confidential and secure at all times nor that all information on the website is current or accurate.
- The Website contains links to other websites and may from time to time contain content added by a Third Party. We are not responsible for and do not control, endorse, sponsor, or approve any such Third Party generated content or any content available on any linked website.
4. Use of Content
We own or are the licensee of all Intellectual Property rights in the Website including text, photos, graphics and images. Nothing in these Terms constitutes a transfer of any Intellectual Property rights. You cannot obtain, copy or mine any data from our website. You must obtain express written permission from us if you wish to reproduce any aspect of the Website or other Intellectual Property owned by us.
By using the Services, posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that Content in any way (including, without limitation, reproducing, changing, and communicating the Content to the public) and permit us to authorise any other User to do the same thing if we chooses to do this. You allow us to share your content with our suppliers and partners as described in our Privacy Policy. You represent and warrant to us that you have all necessary rights to grant these licenses and consents.
5. Limitation of Liability
Our team works hard to ensure that the information found on the website is accurate and up to date however we cannot guarantee that this will always be the case. In using this website, you acknowledge that;
- The information provided on the Website is general in nature and does not constitute financial advice. We do not guarantee the accuracy, completeness, or timeliness of information on the website, including information provided by contributors or third parties.
- You will not rely on the Website to make a financial or investment decision. Before making any decision, you must seek professional advice to consider your particular investment objectives, financial situation and needs.
- You agree and acknowledge that you accept sole responsibility associated with the use of the information and material on the Website and the information on the Website is no substitute for financial advice.
- To the maximum extent allowed by Law, we expressly disclaim all liability, whether loss or damage, for any Content transmitted or posted on the Website, or otherwise transmitted (or not) to any User by any other means, or by any person, including your reliance on such Content.
6. Cookies
7. General
These terms prevail if anything in, or associated with, the Website is inconsistent with these Terms. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales. Any dispute or difference arising from these Terms will be settled by arbitration in Sydney, Australia in accordance with, and subject to, the Institute of Arbitrators and Mediators Australia Fast Track Arbitration Rules.
We shall be under no liability whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach by us of these Terms, including our negligence.
We may provide any notice required under these Terms by publishing the notice on the Website (“Notice”).
We may change, amend or vary these Terms at our sole discretion at any time. The new Terms are to take effect immediately upon a new copy of the Terms being posted on the Website. Your continued use of the Website after any change of these Terms will be deemed to constitute your acceptance of the changed Terms. If you do not accept the changed Terms, please discontinue your use of the Website.
