Terms of Use

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Acumentis – Website Terms of Use

Updated May 2020

This website is operated by Acumentis Group Limited ABN 50 102 320 329 of Level 6, 55 Clarence Street Sydney NSW 2000 (Acumentis, we, our, us).

1. Acceptance of Terms

1.1 The following terms and conditions (Terms of Use) govern your access to and use of this website and any related mobile applications provided by us, including any content and services offered on or through this website and/or the applications (referred to collectively as the "website"). By using the website, you accept and agree to follow these Terms of Use and our Privacy Policy, found at https://www.acumentis.com.au/.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

2. Disclaimer

2.1 Whilst reasonable care is taken to ensure that the information contained on this website is accurate, we cannot guarantee its accuracy and we reserve the right to change the information on this website (including these Terms of Use) at any time without notice. You must check these Terms of Use for changes each time you intend to use this website. 

2.2 Acumentis provides this website on an "as is" basis and makes no representations or warranties of any kind with respect to this website or the content contained on it (including any text, graphics, advertisements, measurements, links or other item) and disclaims all such representations and warranties. Opinions expressed on this website are not statements of fact.  In addition, neither we or any other contributor to this website make any representation or give any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content contained on this website or that such content will be accurate, up to date, uninterrupted or error free. 

2.3 The content on this website is provided by Acumentis for your personal information only. It is not intended for trading purposes and is not appropriate for the purposes of making a decision to carry out a transaction or trade, nor does it provide any form of advice (investment, tax, legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments or products. 

2.4 These disclaimers do not affect any warranties which cannot be excluded or limited under applicable law.

3. Limitation of Liability

3.1 In no event will Acumentis or any persons associated with Acumentis be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data.

3.2 These limitations do not affect any liability which cannot be excluded or limited under applicable law.

4. Indemnity

4.1 You acknowledge that you are solely responsible for the use to which you put this website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are excluded to the fullest extent permitted by law.

4.2 Other than in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this website.

5. Intellectual Property

5.1 The copyright in this website and its content belong to Acumentis. You may not make a permanent copy of or reproduce this website or any of its contents in any form.  You may not reproduce or incorporate this website or any of its contents into any other website.  You may only print or cache temporary copies of the content for your own personal non-commercial use.  You may not link to this site or frame it without the express consent of Acumentis, which we may withhold in our discretion. 

5.2 ‘Acumentis’, ‘Decision Certainty’ and the Acumentis logo are trademarks of Acumentis Group Limited. Reproduction of these trademarks other than in order to view this website is prohibited.  Nothing on this site should be construed as granting any licence or rights to use or distribute any site content without express written agreement or consent fom Acumentis, which we may withhold in our discretion. 

6. Severability

6.1 If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected.

7. Links

7.1 This website may contain links to third party websites over which Acumentis has no control. Acumentis assumes no responsibility for the content of third party websites or for any losses which may arise out of use of a third party website.  The presence of a link to a third party does not necessarily mean that Acumentis endorses that site or has or has not any association with the proprietor of that website. 

8. Data, Privacy & Cookies

8.1 We may use your personal information in our provision of services to you. Please see our Privacy Policy for details of how your personal information will be used. The Privacy Policy also explains that cookies are used by this website. 

9. Governing Law

9.1 These Terms of Use are governed by the law in force in the State of New South Wales Australia and you submit to the non- exclusive jurisdiction of the courts of, or exercising jurisdiction in, that State.

10. Entire Agreement

10.1 The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Acumentis with respect to this website and supersede all prior understandings, agreements, representations and warranties, both written and oral.