Licence and right to access the Website
Capricorn grants You a limited, non-exclusive, revocable licence to view, share with professional advisers and authorised representatives and print or download any “Content” (as defined below) from the Website (the “Licence”). You are not otherwise granted the right to licence, republish, distribute, copy, assign, sublicence, transfer or sell any Content on the Website. Except as permitted by the Licence, no part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical without the prior written consent of Capricorn. You may not access or use the Website in any way that could or is intended to damage or impair the Website or any server or network underlying the Website, or interfere with anyone else's use and enjoyment of the Website.
Disclaimer of warranties
Capricorn will use reasonable efforts to ensure that all Content on the Website is correct. Accuracy and completeness however, cannot be guaranteed and neither Capricorn nor any other company in the Capricorn Group nor any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group guarantees the security of the Website, gives any warranty of reliability, completeness or accuracy nor accepts any responsibility arising in any other way including but not limited to by reason of negligence for errors in, or omissions from, the Content or the Website. Content on the Website is:
- provided "as is", selectively and without warranty of any kind (be it either express or implied) including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy; and
- included by way of general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.
Capricorn disclaims all warranties regarding the availability of the Website, that the Website will operate error-free, that defects will be corrected or that the Website is free of viruses or other harmful components. Your use of the Website is at Your own risk, any content downloaded or otherwise obtained through the Website is provided at Your own risk and You are solely responsible for any damage to Your computer system or any data loss that may result from Your use of the Website including, without limitation, damage resulting from computer viruses.
Capricorn makes no warranty in respect of and is not responsible or liable for:
- the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Capricorn;
- any content provided on a “Linked Site” (as defined below); or
- the capabilities or reliability of any products or services obtained from a Linked Site.
It is Your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website or obtained from a Linked Site.
Intellectual Property Rights
All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the Website), and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, logos and other materials and information on the Website (collectively, the “Content”) are subject to the intellectual property rights of Capricorn, other companies in the Capricorn Group and affiliates, and their respective licensors and licensees.
The Content is protected by applicable intellectual property laws and all Content is owned by Capricorn or used by Capricorn under a licence or with permission.
You agree, other than as permitted by the Licence, that the Content may not be copied, reverse engineered, decompiled, disassembled, modified, altered, used to create derivative works, reposted to other websites, publicly displayed (except for your own personal information), framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by You. Nothing contained on the Website shall be construed as granting, by implication, any licence or right to make commercial use of any Capricorn trademark, intellectual property right or copyrighted material without Capricorn's prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively, the "Trademarks") and whether displayed on the Website or not are Trademarks of Capricorn and its third party partners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any Trademark displayed on the Website without the written permission of Capricorn or such third party that may own the Trademark.
Any unauthorised use of the Content including but not limited to the Trademarks will violate Capricorn's intellectual property rights and Capricorn reserves the right to exercise and enforce any and all legal rights or remedies in respect of the same.
Australian products and services
Unless otherwise expressly stated, products and services referred to on the Website are only available in Australia.
The Website may provide or facilitate links to other websites (each, a "Linked Site") by allowing You to leave the Website to access third-party material or by bringing the third-party material into the Website via "inverse" hyperlinks and framing technology. Capricorn has no discretion or ability to alter, update, draft or control the content on a Linked Site.
There are inherent risks in relying upon using or retrieving any information found on the internet and Capricorn urges You to make sure You understand these risks before relying upon, using, or retrieving any such information on a Linked Site. Access to a Linked Site is strictly at Your own risk.
Linking to the Website
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website or any Content so long as Your website does not contain any material that disparages Capricorn or its goods and services.
In addition, Your website must not contain the following:
You agree not to use any device, software or other means including but not limited to by transferring, or attempting to transfer, any material, viruses or code to the Website that could cause damage or harm to the Website, hamper or interfere with the proper working of the Website or any transaction being conducted through the Website or impede the security of the Website. You may not attempt to alter the Website in any way.
Public disclosure of information
All public releases of information or materials to Capricorn shareholders or the wider financial community (including, without limitation, information located under the 'About Us - Corporate Documents' section of the Website) that are contained within the Website were, to the best of Capricorn's knowledge, timely and accurate when issued. The passage of time however, can render information stale, and You should not rely on the continued accuracy of any such material beyond the date of issuance. Subject to the law, Capricorn has no responsibility to update any information contained in any such material. You should carefully check the dates of issuance of the material contained within the Website.
Access to password protected/secure areas
While the password protected/secure areas of the Website allow you to transact with Capricorn in a simple and convenient manner, it also involves special risk.nbsp; If someone else has your login details, they can transact on the Website as if they were you. You may be liable for such transactions.
Take care with your login details
You should take special care of login details and keep them secret and should not disclose them to any third party including family, friends or professional advisers. You should do everything you reasonably can to prevent your login details becoming known to any other person including by having up to date antivirus, antimalware and firewall software on any device that you use to access the password protected/secure areas of the Website. You should not keep a record of your login details. You should not choose login details that represent your date of birth or are otherwise easy to guess.
Your liability for electronic communications, transactions and agreements
All communications, documents and acceptances, including electronically signed agreements, received by us through the password protected/secure areas of the Website from any person logged in using your login details are deemed to be authorised by you unless you can prove that:
The person gained access to your login details without your approval and despite you taking all reasonable precautions to prevent such access and you did not unreasonably delay in reporting to us the loss, theft or misuse of your login details; or
Without your knowledge the device that you use to access the password protected/secure areas of the Website had, despite you having up to date antivirus, antimalware and firewall software, been taken over by malware and you did not unreasonably delay in reporting to us that the device had been compromised.
You are liable for transactions carried out by you or with your knowledge and consent. You are also liable for transactions carried out by any other person with or without your knowledge or consent if you have shared your login details or if you have not taken reasonable precautions to protect your login details and prevent unauthorised access.
You are also liable for any transactions where you have entered incorrect information. If you inform us that you have entered incorrect information, we will act reasonably to try and correct or cancel that transactions but we are not liable if we are unable to do so.
Suspension of your access to password protected/secure areas
We may suspend your access to password protected/secure areas or otherwise limit your ability to use them if we believe that your online security or the security of the Website is at risk. For example, if your login details are entered incorrectly more than once. If your access is suspended, they you will not be able to access functions normally available on the password protected/secure areas of the website until we re-enable your access. We may require you to reconfirm you identity and/or change your login details before re-enabling your access.
You may receive notices, statements and other communications electronically from us if:
you have selected to receive a service which only provides communications electronically; or
you have elected or consented to receiving communications electronically.
Electronic communications may be sent to you by email, including by an email containing a link or other notification as to the location of the communication on the Website.
Even if we normally send you electronic communications we reserve the right to instead send you paper ones to your nominated postal address, including for example if for any reason we are unable to provide electronic communications or we are unable to deliver emails to your nominated email address.
Use of “cookie” file features
In preparing the Content contained on the Website, Capricorn has not taken into account Your specific investment or other objectives, financial situation or needs. Nothing contained on the Website constitutes investment, legal, business, tax or other advice. Before making any decisions based on the Content located on the Website, You should seek the advice of professional advisers in order to assess whether any specific opinion, advice, product, service or other information (including, without limitation, the Content) in the Website is appropriate to You in light of Your particular objectives, financial situation and needs. If You act or fail to act without first consulting one of your own professional advisors, You do so entirely at your own risk. In addition, if making an investment decision, You must rely on the most recent version of the Prospectus or equivalent disclosure document, your own examination of risk, the securities and the terms of the offering, including the merits and risks involved. You should consult your professional adviser for legal, business or tax advice prior to acquiring or selling shares.
To the extent permitted by law, Capricorn, Capricorn Preferred Suppliers, any company within the Capricorn Group or any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group will not be liable (and all liability is hereby disclaimed), whether in contract, tort, strict liability or how so otherwise arising, for any loss or damage including but not limited to direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with your use of the Website or any content available on the Website.
You agree to indemnify, defend and hold Capricorn, any company within the Capricorn Group and any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group harmless from and against any and all liability, loss, claim, demand, proceeding, damage (actual, special and consequential) and expense (including legal fees on a solicitor and own client basis and expenses) of every kind and nature, known and unknown, related to or arising from your use of the Website or any content available on the Website.
Variation and Waiver
A reference to You includes Your successors, executors, administrators, personal representatives, permitted substitutes and permitted assigns (and, where applicable, Your legal personal representatives) and if You comprise two or more persons, Your successors, executors, administrators, personal representatives, permitted substitutes and permitted assigns (and, where applicable, Your legal personal representatives).
Words importing the singular number include plural number and vice versa and words importing any gender include other genders.
If a word or phrase is defined, its other grammatical forms have a corresponding meaning.
An obligation, representation or warranty in favour of two or more persons or parties is for their benefit jointly and severally and an obligation, representation or warranty on the part of two or more persons binds them jointly or severally.