Introduction
The Terms of Use of the Cougar website include these Terms and Conditions, the Privacy Policy, and any other terms and conditions that appear in or are linked to the Cougar website (Additional Terms and Conditions). The Additional Terms and Conditions that appear on the Cougar website will govern your use of, and access to, certain sections of the Cougar website where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Cougar website.
Website content and access
While Cougar endeavors to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy, or completeness of any website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
It is your responsibility to inquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Cougar disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
Cougar does not guarantee that access to the website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer accessing the Cougar website or any data on such a computer.
Limitation of liability
To the maximum extent permitted by law, Cougar excludes all liability for any loss or damage of any kind (including special, indirect, or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the Cougar website except to the extent that the loss or damage is directly caused by Cougar’s fraud or willful misconduct.
Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Cougar’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:
(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services: resupplying the services or payment of the cost of having the services supplied again.
Intellectual property
The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork, and other graphic materials, and names, logos, and trademarks, are the property of Cougar and are protected by copyright, trademark, and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organization provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material to any third party without the express prior written consent of Cougar.
Save for the above, and unless expressly granted, Cougar does not grant any license or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Cougar website or in the user interface of the Cougar website.
Submissions
Any material you send to us on or via the Cougar website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas, or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.
Third-party websites
The Cougar website may contain links to other websites operated, controlled, or produced by third parties. Unless otherwise indicated, Cougar does not control, endorse, sponsor, or approve any such third-party websites or their content nor does Cougar provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
Links to Cougar website
If you wish to establish a link to this website, you must first seek approval from Cougar. To seek approval, please contact Cougar.
The following information will be required to assess your request:
If Cougar agrees to your proposed link, you must comply with any terms and conditions imposed by Cougar as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Cougar and provide a new description of your website.
Interference with website
You must not attempt to change, add to, remove, deface, hack, or otherwise interfere with this website or any material or content displayed on the Cougar website.
Governing law, choice of law and jurisdiction
Any dispute or claim concerning or arising from this website shall be determined in accordance with the law of Australia, and the courts of Australia shall have exclusive jurisdiction in determining such disputes or claims.
The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with Australian law. The courts of Australia are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
