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.