Terms & Conditions of use

Links to external touchpoints, including website

The Cignall touchpoint you have accessed may include links to externally-provided touchpoints which are subject to their own terms and conditions and privacy policies. We are not responsible for the content of these external touchpoints and we recommend that you familiarise yourself with the terms and conditions of such touchpoints before you engage with such touchpoints and their content. These links are provided solely for convenience to you.

No endorsement of any party, products or services is expressed or implied and accordingly Cignall cannot accept any liability for the accuracy of, or otherwise in relation to, any content or the security of any activity carried out on such other touchpoints. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked touchpoints. Your use of such third-party touchpoints is at your sole risk.

Notwithstanding the foregoing, to the extent you use and access Cignall digital touchpoints that are made available on external touchpoints (for example, where you engage with a Cignall social media channel on an externally-provided social media network or platform), the financial information disclaimer above shall apply to the content provided through the Cignall touchpoint and, to the extent applicable, the remainder of these conditions of use. For the avoidance of doubt, the Cignall is not responsible for any user-generated content on any such external digital touchpoints.

If you choose to access external touchpoints using links provided on the Cignall touchpoint, such external touchpoints may set a cookie. Cignall does not have any control over the use of such cookies and you should refer to the terms and conditions of use and cookie policy of the particular third party touchpoints for further information.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

1. whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
2. if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us page

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Privacy Act 1988 (Privacy Act). A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us page. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Cignall Brand Library

The following applies only where the digital touchpoint is the Cignall website.

1. The images contained in the Cignall Brand Library (“Brand Library”) are protected by copyright and other applicable intellectual property rights. Except as expressly permitted by these conditions of use, you may not download, copy, reproduce, publish, display, modify, adapt, or use any image in the Brand Library, in whole or in part, in any way whatsoever.
2. You may only use images from the Brand Library if you are a credentialed or professional member of the news media or communications industry.
3. You may use images from the Brand Library for commercial purposes only in connection with print or online news stories about Cignall in established news media or on established news media official channels or pages.
4. All your permitted use of images from the Brand Library must be accompanied by the statement: "Copyright Notice" ‘© 2021 Cignall. All Rights Reserved’."
5. Without limiting the generality of the foregoing, the following constitute specific prohibited uses of the content within the Brand Library:
   • You may not use the content from the Brand Library in any context that disparages Cignall or its brands, products, employees or the Cignall Group.
   • You may not alter the content from the Brand Library except for cropping of an image of up to a maximum of 10% of its original size or modifying a colour/ RGB image to be black and white or grayscale. Any other modifications to the images require Cignall’s prior written approval.
   • You may not remove any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in any image or content from the Brand Library.
   • You may not use the content from the Brand Library for any commercial purpose not affiliated with Cignall.
   • You may not use content from the Brand Library for any purpose that would impair Cignall or Cignall Group rights in the images (or any part thereof).
   • You may not sell, resell, license, or sublicense content from the Brand Library.
6. You acknowledge and agree that you are solely responsible for compliance with any local laws and regulations in connection with your use of the content from the Brand Library and Cignall gives no guarantees or warranties in respect of the same.
7. Cignall reserves the right to require you to change or discontinue use of an image from the Brand Library at any time. You agree to comply with any such instructions promptly upon receipt of notice from Cignall.
8. Please contact Cignall using the Contact Us page with any queries you may have about the Brand Library.

General provisions

1. General

   The touchpoint is provided to you free of charge and, to the fullest extent permitted by law, without any warranties, express or implied, or guarantees unless specifically stated.

2. Information

   The information contained in the touchpoint is intended for general information purposes only. Although Cignall make reasonable efforts to update the information on the touchpoint, except as expressly provided for on the touchpoint, Cignall is not responsible for the content or use of the touchpoint or any messages sent by you on the touchpoint via the contact pages and does not represent that the information is accurate, complete or up to date.

3. Intellectual Property

   All material and content used as part of the touchpoint (including, but not limited to, text, images, web pages, sounds, software (including code, interface, and structure), and video, and the look and feel, design, and compilation thereof) on the touchpoint are owned or licensed by Cignall and protected by copyright, trade marks, and other intellectual property rights which are vested in Cignall and / or its licensors. You acquire no rights in the touchpoint other than the limited right to use the touchpoint in accordance with these conditions of use.

   You may not reproduce, transmit, offer for sale or sell or distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or create derivative works of, over any medium, any part of the touchpoint or its content, or use it for commercial purposes. However, you are permitted to print out or download information and content from the touchpoint for your own personal, non-commercial use only.  Other than as stated in these conditions of use, you may not make any part of the touchpoint available as part of another touchpoint, whether by scraping, crawling, hyperlink framing on the Internet or otherwise unless you have been authorised to do so in writing by Cignall.

   This paragraph only applies where the digital touchpoint is a website. For terms specific to the Brand Library, please see the section titled 'Cignall Brand Library' above. To the extent there is any conflict between these General provisions and the Cignall Brand Library terms, the Cignall Brand Library terms shall prevail.

4. Your Access and Use of the Touchpoint

   Cignall do not guarantee that the touchpoint will be free from viruses, available, accessible, error-free, or uninterrupted. Although Cignall take reasonable steps to secure the touchpoint, you acknowledge that the internet is not a completely secure medium. You are responsible for configuring your information technology, computer programmes and platform to access the touchpoint. You should use your own virus protection software. If you download any content to your computer or take the content from the touchpoint in any other way, you do so at your own risk. Cignall will not be responsible for any damage to your computer or any of the information on it.

   You shall not use the touchpoint for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of the touchpoint or with the enjoyment of the touchpoint by other visitors. You must not misuse the touchpoint by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the touchpoint, the server on which the touchpoint is stored or any server, computer or database connected to the touchpoint.

5. Restriction, Suspension and Termination

   If you are in breach of these conditions of use Cignall may suspend or block your access to the touchpoint and refuse to provide you with any further access to it. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these conditions of use.

   Cignall reserves the right at any time and without notice to enhance, modify, alter, suspend, or permanently discontinue all or any part of the touchpoint and to restrict or prohibit access to it.

6. No Warranties; No Liability

   Cignall publishes the touchpoint “as is” and “as available” without any warranty of any kind, express or implied, as to the operation of the touchpoint, the accuracy of the information or the products or services referred to on the touchpoint (in so far as such warranties may be excluded under any relevant law).  Except in the case of personal injury or death caused by its negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited as a matter of law, neither Cignall nor any other company in the Cignall Group shall be liable for any losses or damage whether in contract, tort (including negligence) or otherwise and whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, incidental or special that may result from access or use of the touchpoint, howsoever arising.  Your sole remedy is to discontinue using the touchpoint.

7. Indemnity

   You hereby agree to indemnify Cignall against any costs, claims, losses and damages (including legal fees) incurred by or awarded against Cignall arising out of or in connection with your misuse of the touchpoint or your breach of these conditions of use.

8. Miscellaneous

   If any part of these conditions of use is found to be invalid, unlawful or unenforceable by a court of a competent jurisdiction, such part shall to that extent be severed from the remaining parts of these conditions of use which shall not be affected and remain in full force and effect.

   Any failure by Cignall to exercise or enforce any right or provision of the conditions of use shall not constitute a waiver of such right or provision, and Cignall shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions of use.

   Cignall may, at its option, cede, assign, or otherwise transfer any or all of our rights and obligations under the conditions of use to any third party or parties at any time.

   These conditions of use govern our relationship with you and represent our entire agreement with you.

9. Law and Jurisdiction

   The conditions of use and the content of the touchpoint are governed by Australian law and you agree that the Australian courts shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these conditions of use.

Last updated: November 2023