Conditions of Use and Privacy Statement

Introduction

The website at http://www.imaginot.com.au (“Website”) is owned and operated by Imaginot Pty Limited ABN 34 089 023 352 (“we”, “our” or “us”).

These Conditions of Use and our Privacy Statement specify the terms on which we offer you access and use of the Website. 

In these Conditions of Use “you” or “your” is a reference to the person accessing the Website.

Important Considerations

Not Investment Advice

The information on this Website consists of general, public information.  We do not warrant the reliability, accuracy, currency or completeness of any information on the Website.  Any use of, or reliance on, the Website content is entirely at your own risk.

You must not, under any circumstances, use the information on this Website for investment recommendations or advice.  Any use of the Website including information that appears on the Website is entirely at your own risk and discretion.  You are solely responsible for any damage or loss that results from your use of the Website and the information that appears on it.

When making investment decisions, you should speak with a professional consultant who has the ability to make decisions based on your personal situation.

Consenting to Conditions of Use and Privacy Statement

By accessing the Website you agree to comply with these Conditions of Use and our Privacy Statement and any policies incorporated into these Conditions of Use and our Privacy Statement. 

Contact Us

If you have any questions about these Conditions of Use and this Privacy Statement please contact us at contact@imaginot.com.au.

Conditions of Use

Important Considerations

Only Conditions Binding Us

These Conditions of Use and any which are imposed by law and which may not lawfully be excluded are the only conditions which bind us.

Access as a Representative

If you are accessing the Website on behalf of a company or other entity, you acknowledge and agree that these Conditions of Use are binding on you and the entity you represent and you warrant that you are authorised to agree to these Conditions of Use on behalf of the company or other entity.

Updating Conditions of Use

We reserve the right to amend these Conditions of Use at any time. Any amendment to these Conditions of Use will take effect from the time it appears on the Website.

We encourage you to check our Website to view the current Conditions of Use as your continued use of the Website after an amendment to the Conditions of Use constitutes your agreement to comply with, and be bound by, the amended Conditions of Use.   

Website Changes

We may modify or close the Website or any part of it at any time without any liability on our part.

Limitations of Liability

To the fullest extent permitted by law we exclude all implied warranties, terms and conditions and we are not liable for any damages, including monetary damages, damages to goodwill or reputation or damages which are consequential, indirect or special which relate to your use of the Website, any information or content on the Website, or any inability you have to use the Website or content on the Website. 

To the fullest extent permitted by law, including the Australian Consumer Law:

• we do not warrant the accuracy of the content which you access through this Website.  The Website and its content is provided to you on “as is” and “as available” basis;
• we disclaim all guarantees, warranties and representations regarding the Website, its content and the functions of the Website, including without limitation, the accuracy, completeness or adequacy of any content on the Website, that the Website and its content is of an acceptable quality, that the Website and its content is fit for purpose or reliable, that the Website will operate as intended, the security of the Website, that your access to the Website will be reliable, uninterrupted or timely, that the functions contained in the Website will be uninterrupted or error free, or that any notifications (such as may be selected in the investor relations section of the Website) will be made in a timely manner, or at all;
• we do not represent or warrant that this Website, any function contained in the Website, your access to the Website and any other information or material contained in, downloaded or accessible from this Website, is free from computer viruses (including macro viruses) or any other defect or error, including any defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks;
• we have no responsibility or liability relating to any loss or damage you incur, including damage to your software or hardware, arising from your use of or access to this Website.

Where we cannot limit the above remedies, we expressly limit our liability for breach of a non-excludable statutory guarantee to, at our election:

• the resupply of the relevant goods, advice, service, recommendation or information; or
• the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.

Indemnity

You are liable for and indemnify us from and against, all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by us caused in connection with or arising from any breach of these Conditions of Use by you, any act, error, omission or negligence of you or your personnel or any person purporting to act on behalf of you, your access and/or use of the Website or reliance on its contents or information received through it by yourself or any person accessing any content through your website.

Each indemnity contained in these Conditions of Use is a continuing obligation and constitutes a separate and independent obligation of you from your other obligations under these Conditions of Use.

It is not necessary for us to incur any expense or make any payment before enforcing or making a claim under an indemnity.

Links to Other Sites

This Website may include links to third party sites which are not related to this Website and in which we have no control over or interest in.  The appearance of those links on this Website does not indicate any relationship between us and that third party, or any endorsement by us of that third party, its website or its products or services.

In accessing or using a link to a third party site, you agree to any terms of access or use imposed by those linked sites.

We do not endorse any material on those third party websites and do not 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, nor do we warrant that material on other websites does not infringe intellectual property rights of any other person.

Intellectual Property

The materials displayed on this Website, including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website.

You may access, download or print a copy of material on this Website for your personal, non-commercial use, provided you do not modify the Content in any way.

All other use, copying or reproduction (including reproduction on any other website) of any part of this Website is prohibited unless expressly stated otherwise. You must not use this Website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any Content.

Events Beyond Our Control

If we are prevented or delayed from complying with our obligations under these Conditions of Use by anything you (or anyone acting on your behalf) do or fail to do or due to events or circumstances beyond our control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, third party services providers ceasing to operate or being unable to provide the relevant services, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.

Severability

If any provision in these Conditions of Use is or becomes illegal, unenforceable or invalid in any jurisdiction, the Conditions of Use will be read down for the purpose of that jurisdiction if possible so as to be valid and enforceable, and otherwise will be severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of these Conditions of Use or affecting the validity or enforceability of that provision in any other jurisdiction.

Waiver

Any failure or delay by us to exercise a power or right under these Conditions of Use is not a waiver of that power or right and our exercise of a power or right does not prevent its future exercise or the exercise of any power or right.

Governing Law

These Conditions of Use are governed by the law of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland.

Privacy Statement

Introduction

This Privacy Statement (“Privacy Statement”) identifies the personal information handling practices used by Imaginot Pty Limited ABN 34 089 023 352 (“we”, “our” or “us”) in relation to how we may collect, handle, use and disclose personal information via the website at http://www.imaginot.com.au (“Website”).

Information Collection

Collecting Your Personal Information

We may collect personal information about you:

• when you submit it to us;
• when someone else submits it to us on your behalf;
• when you access our Website; or
• if the information is publicly available.

Digital Information We May Collect

The information we may collect from the Website may include:

• information about the device you use to visit the Website, your location information, IP address, browser type you are using, the date and time of access and details of the information downloaded;
• internet provider details and referring URLs (universal locators);
• messages or comments you submit via the Website, including identifying information such as your name, email address and telephone number;
• information submitted to online facilities such as search tools; and
• the content you have viewed and how you navigate the Website and interact with pages (including fields completed in forms, applications completed, search items entered).

Why We May Collect Personal Information

We may collect your personal information for various purposes, including for the purpose of:

• providing goods, services or information you have requested;
• managing our relationship with you and communicating with you;
• tailoring and enhancing your experience on the Website;
• trouble shooting, compliance auditing and maintenance purposes.   

Disclosing Personal Information

We may disclose your personal information that we have collected:

• where required by law;
• to provide you with a service which you have requested (such as the delivery of alerts and tracking of communication through a third party customer focused tracking system);
• to protect our rights or property, the rights of another visitor to the Website, or any member of the public;
• to lessen a serious threat to a person’s health or safety;
• to marketing and promotional service providers;
• to analytics service providers.

Use of Technologies

We may use technology to deliver, measure, and improve the Website including:

• to gather information regarding visitor activity on the Website and identify user trends;
• to understand how the Website is used;
• to identify what content you are interested in or provide tailored trends or recommendation.

Links to Other Sites

Our Website may contain links to websites operated by third parties (“Third Party Websites”). We have no control over the privacy practices used by third parties. Third Party Websites should contain their own privacy statements and those third parties are responsible for informing you about their own privacy practices.  We recommend checking each Third Party Website for details of the relevant privacy policies and practices.

Changes to the Privacy Statement

We may amend this Privacy Statement at any time. We will advise you of any changes to this Privacy Statement by posting an updated version of the Privacy Statement on the Website.

Further Information