These terms and conditions of use ("conditions of use") govern your access to and use of Cignall digital touchpoints, through which you use and access Cignall-generated content. A "digital touchpoint" refers to any point of interaction through which you are in contact with Cignall. It includes this website, operated by Cignall Pty Ltd, and its social media channels.
Please read these conditions of use carefully as they govern your use of these digital touchpoints. By accessing the relevant digital touchpoint and/or the Cignall-generated content, you agree to be bound by them. If you do not agree to be bound by these conditions of use you should not access or view the touchpoint and/or its content.
Please also note that you may engage with us through a Cignall digital touchpoint that is provided through an externally-provided digital touchpoint. An example of this is where you engage with us on Cignall social media channels made available on externally-provided social media platforms. These externally-provided digital touchpoints have their own terms and conditions of use which you will also need to comply with. You should review these terms, conditions and policies, which can be accessed via their websites or apps, before you engage with Cignall.
Cignall Pty Ltd reserves the right to update these conditions of use at any time at its discretion, and the date these conditions of use were last updated is displayed at the bottom of this page. You are advised to review these conditions of use each time you use the touchpoint, as you will be deemed to have accepted updates, if you continue to use the touchpoint and/or use or access its content after they have been posted.
To make these conditions of use easier to read, we use a few definitions. The terms “Cignall”, “Club Cignall”, “we”, “us” and “our” are used to refer to Cignall Pty Ltd. The terms “the Group” and “The Cignall Group” are used to refer to Cignall Pty Ltd.
These conditions of use contain seven sections, including this introduction. Other sections below provide a disclaimer relating specifically to financial services, information on privacy, information on how we use online behavioural tracking (i.e. Cookies), information about the external links that appear on the touchpoint, general provisions, and company information. These conditions of use (including the disclaimer relating to financial information) are made accessible (i) in the case of the website, from every page of the website; and (ii) for all other digital touchpoints, made available through the digital touchpoint (either on the digital touchpoint or via a link).
Any enquiries or complaints which you have in relation to these conditions of use and the touchpoint or relevant content should be made by using the Contact Us facility.
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.
You may choose to restrict the collection or use of your personal information in the following ways:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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