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Website Terms of Use

Cuscal Website Terms of Use

These Terms of Use apply to this website (Website) which is operated by Cuscal Limited (Cuscal).

These Website Terms of Use constitute an agreement between us and the person who accesses, or has accessed, the Website (you or your). By accessing or using the Website, you agree to be bound by these Terms of Use.  

Cuscal may amend these Terms of Use at any time. Your continued use of the Website is deemed acceptance of the amended Terms of Use.

Use of Website
You agree that you will not (either yourself or through a third party):

  • use any device, software (including introducing any virus or worm or other malicious code) or process to interfere or attempt to interfere with the proper working of the Website;
  • reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or processes in respect of the software underlying the infrastructure and processes associated with the Website; or
  • use the Website for any other unlawful purpose or activity.

Intellectual Property Rights
Cuscal is the owner or the licensee of all the intellectual property, including copyright, in all content on this Website.

You may use this Website only for your personal purposes. Other than for this permitted purpose, you must not, in any form or by any means:

  • copy, modify, reproduce, transmit, store, publish, or create derivative works of any part of any content from the Website; or
  • commercialise any information, products or services obtained from any part of this Website, without Cuscal’s prior written permission.

The trade marks, service marks and logos (Trade Marks) used on the Website are Cuscal’s or Cuscal’s licensor’s registered or unregistered Trade Marks. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without Cuscal’s prior written permission and/or the consent of Cuscal’s licensors.

Information about our products and services
The Website may contain general information about products and services that Cuscal provides. Unless expressly stated otherwise, this information:

  • does not constitute an offer or inducement to enter into a legally binding contract; and
  • does not form part of the terms and conditions for our products or services.

The content contained on the Website is provided by us in good faith on an “as is” basis for general information purposes only.  The content does not take into account your objectives, financial situation or needs and does not constitute financial or tax advice. Before acting on the content, you should consider its appropriateness to your circumstances and seek independent financial, legal and/or tax advice.

Cuscal will not be liable for any interference with or damage to your computer systems that may occur in connection with your use of the Website, or for any data lost or any equipment or software replaced by you as a result of using the Website.

Cuscal reserves the right to restrict, suspend or terminate without notice your access to the Website at any time without notice and Cuscal will not be responsible for any loss, cost, damage or liability that may arise as a result.

External Links
This Website may contain links to third party websites.  These links are provided for your information only, and do not represent the approval, endorsement or recommendation by Cuscal of those linked websites or information you may obtain from them.  Cuscal does not take responsibility for the content in, or accuracy of, any third party websites.

No data transmission over the internet can be guaranteed as totally secure. While Cuscal strives to protect such information, Cuscal does not warrant and cannot ensure the security of any information which you transmit to us or of any information provided on the Website. Accordingly, any information which you transmit to us is transmitted at your own risk. Once Cuscal receives your transmission Cuscal will take reasonable steps to preserve the security of your information.

If you are provided a login to allow you to access certain pages in this Website, such login information must not be made available to unauthorised personnel or third parties.

Cuscal uses cookies to collect information about your use of our Website. A cookie is a small text file placed on your computer by the hosting server. Its purpose is to help Cuscal keep track of your visits to, and activity on, the Website. This enables Cuscal to provide you with more customised service and a better overall Website experience.

Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your web browser.

When advertising, Cuscal uses advertising companies (e.g. Google, LinkedIn) to deliver online advertising on third party websites, These advertising companies use cookies and in some cases ‘web beacons’ to collect information such as:

  • the server your computer is logged onto
  • your browser type
  • the date and time of your visit
  • the performance of their marketing efforts

When you access the Website after clicking on a Cuscal advertisement on a third party website, these advertising companies collect information on how you use the Website (e.g. where you go on the Website) and whether you complete an online form.

In addition, Cuscal uses web analytics service providers (e.g. Google) to collect information on how you use the Website, using cookies to collect information similar to that collected by the advertising companies.

The advertising companies and web analytics service providers use this information to perform statistical analyses of aggregate user behaviour without personally identifying individuals. This information may also be used to present content on the Website and third party websites that Cuscal believes may be relevant to you.

As a general rule, no personal information is collected in this process. If however you choose to provide personal or other types of information it is automatically collected and the advertising companies are required under their arrangements with Cuscal to maintain the privacy and confidentiality of that personal information.

Limited Liability
To the maximum extent permitted by law, Cuscal will not be liable for any direct or indirect loss, damage or expense – regardless of the manner in which it occurs – which may be suffered due to your use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

These Website Terms of Use incorporate, and should be read together with, Cuscal’s Privacy Policy.   Cuscal will only use the personal information which you submit to us via the Website in accordance with our Privacy Policy.

The Privacy Policy also provides further information on how this Website may collect, store and use cookies.

If any provision of these Website Terms of Use is determined to be unenforceable or invalid to any extent by a court of competent jurisdiction, that provision will be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law without affecting the validity and enforceability of any other remaining provisions.

Governing Law
These Website Terms of Use are governed by the laws of New South Wales, Australia.