The privacy of your personal information is important to us at cesar Pty Ltd (cesar). We are committed to respecting your right to privacy and protecting your personal information.
Any personal information collected, handled, stored or disclosed about you through our on-line services will be managed in accordance this Privacy Policy, the National Privacy Principles in the Privacy Act 1988 (Cth) and any other applicable laws and codes affecting your personal information.
cesar is and attempts to be sensitive to your privacy on the Internet. Whenever possible, cesar will attempt to treat the information we receive about you on or via the Internet with care deemed reasonable under the circumstances. cesar may use information provided by you (if any), or obtained by you using a cesar website, to measure the use of cesar websites and to improve the content of the websites.
If you are acquiring or have acquired a product or service from cesar, we will collect and hold your personal information for the purposes of:
• providing you with the relevant product or service
• responding to an inquiry
• processing an order
• allowing access to specific account information
• managing and administering the products or services
• informing you about products or services that might better serve your needs or promotions or other opportunities in which you may be interested
• your name
• your company name
• postal or email address
• phone number
• other information cesar reasonably considers necessary.
In general terms, you are under no obligation to provide any information that we may request of you. You should however be aware that by withholding requested information, we may be unable to provide you with our products or services, particularly if the information requested is required by law.
We store your personal information in different ways, including in paper and electronic form. We will take reasonable steps to protect your personal information and have in place measures to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
For more information about our Privacy Policy, please contact us at info@cesaraustralia.com
By using or accessing this cesar Pty Ltd (cesar) website (Website) you agree to be bound by and abide by these terms of use. Your access to and use of this Website is also subject to the cesar’s Privacy Policy (above).
In these terms of use:
Content means all content (including data, text, video, images, audio and other material) that is accessible to you and other users on the Website (but excludes any content that is accessible from websites that are not cesar websites, such as via hyperlinks from the Website).
Contributions means content that is contributed by you and other users to cesar via the Website, such as on the Website blog. cesarmay (in its absolute discretion) make such content generally accessible via the Website.
cesar grants you a non-exclusive and non-transferable right to access the Website and, subject to these terms of use, to:
(a) submit Contributions to cesar; and
(b) view, retrieve and display Contributions (and other Content).
3.1 cesar may, from time to time, permit you to submit Contributions which you (and not cesar) are solely responsible for, and liable for.
3.2 You acknowledge that cesar:
(a) retains the absolute discretion to determine whether Contributions should be made accessible via the Website (and without limitation, cesar is under no obligation to give reasons for its decision that a Contribution will not made accessible via the Website); and
(b) may at any time, in its absolute discretion, and without liability to you:
(i) edit any Contribution and make that edited version accessible on the Website; and
(ii) remove, alter or disable access to any Contribution or the Website generally (whether temporarily or permanently) without prior notice to you.
You acknowledge that, when browsing or accessing the Website, you may be exposed to the Contributions of other users. cesar is not responsible for, and disclaims all liability relating to, the Contributions of other users. You release cesar from any claims that you could assert against cesar relating to the Contributions of other users.
5.1 Your Contributions may contain:
(a) content that you have created yourself (Original Material); and/or
(b) content that you have sourced from third parties (Third Party Material).
5.2 To the extent that your Contributions contain:
(a) Original Material – you retain all intellectual property rights in that Original Material; and
(b) Third Party Material – you must ensure that you have the lawful right (including all necessary licences) to grant to cesar the licence in respect of that Third Party Material granted under paragraph 5.3 below. If we ask, you must provide us with written evidence that you have obtained all necessary licences.
5.3 You grant cesar a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, communicate to the public, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not.
5.4 You voluntarily, unconditionally and irrevocably consent to all or any acts or omissions by cesar (or persons authorised by cesar), in relation to Contributions, which would, without this consent, otherwise infringe your moral rights in those Contributions.
You acknowledge that all copyright, trade marks and other intellectual property rights in the Content (other than in your Contributions) are either owned by cesar, or are licensed to cesar by third parties. Nothing in these terms of use transfers to you any right, title or interest (including any intellectual property rights) in or to the Content.
7.1 You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website (other than your Contributions);
(b) make copies in any form of all or parts of the Content (other than your Contributions) other than as reasonably required for your personal non-commercial use;
(c) reproduce, perform in public or transmit in any form any part of the Website without the specific written consent of cesar;
(d) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(e) directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website (whether by submission of Contributions or otherwise) or in any way corrupt, degrade or disrupt the Website;
(f) remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(g) reformat or frame any part of the web pages that form part of the Website;
(h) use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
(i) use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party’s rights or is otherwise prohibited by these terms of use.
You warrant that:
(a) all information you supply in connection with your Contribution (including you name and email address) is accurate in all respects;
(b) if any of that information changes, you will promptly notify cesar in writing of those changes;
(c) your use of the Website will comply at all times with these terms of use and any directions published from time to time by cesar on the Website; and
(d) you will not submit any Contributions that:
(i) infringe the intellectual property or other rights of any other person;
(ii) are misleading or deceptive;
(iii) are defamatory;
(iv) are obscene;
(v) are unlawful or encourage unlawful conduct; or
(vi) are inappropriate having regard to the purpose and objectives of the Website.
9.1 You must ensure all passwords used by you or your personnel to access any part of the Website are kept secure and are not provided to or shared with any third party.
9.2 You must not let any third party access your account or any secure or restricted part of the Website, or do anything else that might jeopardise the security of your account or the Website.
9.3 You are not permitted to transfer you account to any third party without the prior written consent of cesar.
10. Links and frames
(a) Any links or frames which connect the Website to other websites are provided by cesar for convenience only, and by accessing those linked sites, you agree to any terms of access or use imposed by those linked sites.
(b) cesar is not responsible for any content, hyperlinks or information held on other websites. cesar does not:
(i) endorse any material on those websites;
(ii) provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites; and
(iii) warrant that material on other websites will not infringe the intellectual property rights or other rights of any other person.
11.1 The Competition and Consumer Act 2010 (Cth) or similar legislation may imply certain non-excludable terms, conditions or warranties into these terms of use, or may give you certain non-excludable remedies against cesar (Statutory Rights). If cesar breaches a non-excludable term, condition or warranty in regards to your use of, or access to, the Website then its liability for that breach will be limited to:
(a) (if the breach relates to goods) at cesar’s option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
(b) (if the breach relates to services) at cesar’s option, the supplying of the services again or the payment of the cost of having the services supplied again.
11.2 Except as expressly provided in these terms of use or as required by law (including under your Statutory Rights), the Website is provided ‘as is’, and cesar excludes all warranties, undertakings, conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Website. In particular (but without limitation) cesar does not warrant that your access to or use of the Website will be uninterrupted or error free, that the Website (including its Content) will be free from viruses, or that the Website is suitable for your intended use. No person should act on the basis of the Contents of the Wesbite without first obtaining specific, independent professional advice.
11.3 Without limiting paragraph 11.2, and except as required by law (including under your Statutory Rights), cesar will not be liable (including in negligence) for:
(a) any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your access to or use of the Website (or any linked website), or relying on information on the Website;
(b) any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your access to or use of the Website (or any linked website), or relying on information on the Website.
You indemnify and hold cesar, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred by any of those indemnified where such Loss was caused, directly or indirectly, by:
(a) your access to or use of the Website; or
(b) any Contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your Contribution infringes the intellectual property or other rights of any person).
13.1 cesar may change these terms of use from time to time. However, if cesar reasonably considers that the change is likely to:
(a) benefit you or have a neutral or minor detrimental impact on you, it may change these terms of use by making such changes immediately without notifying you except by publishing these terms of use as amended on the Website; or
(b) have a significant detrimental impact on you, it will make such changes to these terms of use 10 days after it has notified you of those changes on the Website’s homepage.
If you do not accept a change made by cesar to these terms of use, your only remedy (except as set out elsewhere in these terms of use) is to immediately cease accessing the Website.
13.2 The laws of Victoria, Australia, govern these terms of use and in the event that we have a legal dispute, Victorian courts will have non-exclusive jurisdiction.
13.3 These terms of use and our Privacy Policy constitute the entire agreement between us as to their subject matter, and supersede all prior or inconsistent statements or representations, whether made verbally or in writing, as to that subject matter.