• General 

    The www.capricorn.coop website and all its derivative or extension web addresses, together with their services, tools, applications and all other Capricorn (as defined below) maintained websites including their services, tools and applications, whether accessed via www.capricorn.coop or otherwise (including, without limitation, the Capricorn Shareholder Centre and the Capricorn Travel website), (collectively, the “Website”) are owned by Capricorn Society Limited (ACN 008 347 313) ("Capricorn").  The Website is operated by Capricorn and the other wholly or majority owned subsidiaries of Capricorn (the “Capricorn Group”).  Your access to and use of the Website is subject to these terms and conditions, Capricorn’s Privacy Policy (located here), notices, disclaimers, any other terms and conditions or other statements contained on the Website and, if You use any of the services identified on the Website for which additional or alternative terms and conditions are referred to, those additional terms and conditions for those other services (collectively, "Terms of Use").  Prior to browsing the Website You must agree and accept the Terms of Use. By accessing, viewing or otherwise using the Website, You agree to be subject to these Terms of Use.

    Licence and right to access the Website

    Capricorn grants You a limited, non-exclusive, revocable licence to view, share with professional advisers and authorised representatives and print or download any “Content” (as defined below) from the Website (the “Licence”).  You are not otherwise granted the right to licence, republish, distribute, copy, assign, sublicence, transfer or sell any Content on the Website.  Except as permitted by the Licence, no part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical without the prior written consent of Capricorn.  You may not access or use the Website in any way that could or is intended to damage or impair the Website or any server or network underlying the Website, or interfere with anyone else's use and enjoyment of the Website.

    You may not use automated systems (eg- robots, spiders, etc) to access the Website.  You agree not to collect personally identifiable information of other users of the Website or to sell or otherwise exploit that information.  Except for the limited rights expressly granted under these Terms of Use, all right, title and interest in and to the Website and all Content is reserved and owned by Capricorn.

    Capricorn retains the right to deny access to the Website to anyone without notice at its absolute discretion for any reason whatsoever, including but not limited to for violation of any of these Terms of Use. 

    Disclaimer of warranties

    Capricorn will use reasonable efforts to ensure that all Content on the Website is correct.  Accuracy and completeness however, cannot be guaranteed and neither Capricorn nor any other company in the Capricorn Group nor any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group guarantees the security of the Website, gives any warranty of reliability, completeness or accuracy nor accepts any responsibility arising in any other way including but not limited to by reason of negligence for errors in, or omissions from, the Content or the Website.  Content on the Website is:

    • provided "as is", selectively and without warranty of any kind (be it either express or implied) including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy; and
    • included by way of general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.

    Capricorn disclaims all warranties regarding the availability of the Website, that the Website will operate error-free, that defects will be corrected or that the Website is free of viruses or other harmful components.  Your use of the Website is at Your own risk, any content downloaded or otherwise obtained through the Website is provided at Your own risk and You are solely responsible for any damage to Your computer system or any data loss that may result from Your use of the Website including, without limitation, damage resulting from computer viruses.

    Capricorn makes no warranty in respect of and is not responsible or liable for:

    • the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Capricorn;
    • any content provided on a “Linked Site” (as defined below); or
    • the capabilities or reliability of any products or services obtained from a Linked Site.

    It is Your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website or obtained from a Linked Site.  

    Intellectual Property Rights

    All text, formatting (including, without limitation, the selection, coordination and arrangement of materials on the Website), and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, logos and other materials and information on the Website (collectively, the “Content”) are subject to the intellectual property rights of Capricorn, other companies in the Capricorn Group and affiliates, and their respective licensors and licensees.

    The Content is protected by applicable intellectual property laws and all Content is owned by Capricorn or used by Capricorn under a licence or with permission.

    You agree, other than as permitted by the Licence, that the Content may not be copied, reverse engineered, decompiled, disassembled, modified, altered, used to create derivative works, reposted to other websites, publicly displayed (except for your own personal information), framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by You.  Nothing contained on the Website shall be construed as granting, by implication, any licence or right to make commercial use of any Capricorn trademark, intellectual property right or copyrighted material without Capricorn’s prior written permission.  The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively, the "Trademarks") and whether displayed on the Website or not are Trademarks of Capricorn and its third party partners.  Nothing contained on the Website should be construed as granting, by implication or otherwise, any licence or right to use any Trademark displayed on the Website without the written permission of Capricorn or such third party that may own the Trademark.

    Any unauthorised use of the Content including but not limited to the Trademarks will violate Capricorn’s intellectual property rights and Capricorn reserves the right to exercise and enforce any and all legal rights or remedies in respect of the same.

    Australian products and services  

     Unless otherwise expressly stated, products and services referred to on the Website are only available in Australia.

    Linked Sites

    The Website may provide or facilitate links to other websites (each, a "Linked Site") by allowing You to leave the Website to access third-party material or by bringing the third-party material into the Website via "inverse" hyperlinks and framing technology.  Capricorn has no discretion or ability to alter, update, draft or control the content on a Linked Site.

    There are inherent risks in relying upon using or retrieving any information found on the internet and Capricorn urges You to make sure You understand these risks before relying upon, using, or retrieving any such information on a Linked Site.  Access to a Linked Site is strictly at Your own risk.

    Linking to the Website

    You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website or any Content so long as Your website does not contain any material that disparages Capricorn or its goods and services.

    In addition, Your website must not contain the following:

    • Illegal, sexually explicit or otherwise offensive or distasteful material;
    • Content promoting gaming, wagering or betting websites;
    • Instructions on the manufacture and/or use of illegal drugs, or other dangerous materials;
    • Material that promotes harassment, hatred or discrimination based on age, race, religion, gender, sexual preference or any other factor;
    • Defamatory, disparaging, abusive, threatening or offensive messages (whether aimed at Capricorn or a third party); or
    • False or misleading information including but not limited to about the products and services of Capricorn or a member of the Capricorn Group.

    In addition to these Terms of Use, any link from Your website to the Website is subject to Your website complying with the following conditions:

    • You must comply with all relevant laws in any applicable jurisdiction;
    • Your website must not replicate the content of the Website;
    • You must not frame any part of the Website;
    • Your link must be made in good faith and must not be established in a way that blocks or prevents the display of any part of the Website; and
    • You must not mistakenly imply that Capricorn, or any member of the Capricorn Group, endorses Your product, service or organisation.

    Capricorn reserves the right, solely at its discretion, to request removal of any link to Your website at any time.  It also reserves the right to review any link to Your website, pursuant to which You agree to provide any necessary passwords. 

    No alteration

    You agree not to use any device, software or other means including but not limited to by transferring, or attempting to transfer, any material, viruses or code to the Website that could cause damage or harm to the Website, hamper or interfere with the proper working of the Website or any transaction being conducted through the Website or impede the security of the Website. You may not attempt to alter the Website in any way.

    Public disclosure of information

    All public releases of information or materials to Capricorn shareholders or the wider financial community (including, without limitation, information located under the ‘About Us - Corporate Documents’ section of the Website) that are contained within the Website were, to the best of Capricorn’s knowledge, timely and accurate when issued.  The passage of time however, can render information stale, and You should not rely on the continued accuracy of any such material beyond the date of issuance.  Subject to the law, Capricorn has no responsibility to update any information contained in any such material.  You should carefully check the dates of issuance of the material contained within the Website.

    Access to password protected/secure areas

    Access to and use of password protected and/or secure areas of the Website is restricted to authorised users only.  Unauthorised individuals attempting to access these areas of the Website may have their access to the Website revoked without notice or may be subject to prosecution or other civil claim.

    Use of “cookie” file features 

     Capricorn reserves the right to store information on Your computer in the form of a "cookie" or similar file for the purposes of tailoring the Website to reflect Your preferences.  Capricorn’s Privacy Policy (located here) provides additional information regarding Capricorn’s use of cookies as well as procedures for disabling cookies.

    Privacy Policy and transmission of personal data

    Capricorn respects Your privacy and takes treatment of Your personal and proprietary information seriously.  Capricorn’s Privacy Policy (located here) provides an overview of what personal information Capricorn collects and holds, the purposes for which Capricorn holds personal information and use and disclosure of personal information collected by Capricorn, amongst other things.  

    You acknowledge and agree that by providing Capricorn with any personal or proprietary user information through the Website, You consent to the transmission of such personal or proprietary information over international borders as necessary for processing (where applicable) in accordance with Capricorn’s standard business practices and Privacy Policy.

    Personal circumstances

    In preparing the Content contained on the Website, Capricorn has not taken into account Your specific investment or other objectives, financial situation or needs.  Nothing contained on the Website constitutes investment, legal, business, tax or other advice. Before making any decisions based on the Content located on the Website, You should seek the advice of professional advisers in order to assess whether any specific opinion, advice, product, service or other information (including, without limitation, the Content) in the Website is appropriate to You in light of Your particular objectives, financial situation and needs. If You act or fail to act without first consulting one of your own professional advisors, You do so entirely at your own risk. In addition, if making an investment decision, You must rely on the most recent version of the Prospectus or equivalent disclosure document, your own examination of risk, the securities and the terms of the offering, including the merits and risks involved. You should consult your professional adviser for legal, business or tax advice prior to acquiring or selling shares.

    No Liability

    To the extent permitted by law, Capricorn, Capricorn Preferred Suppliers, any company within the Capricorn Group or any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group  will not be liable (and all liability is hereby disclaimed), whether in contract, tort, strict liability or how so otherwise arising, for any loss or damage including but not limited to direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with:-

    • these Terms of Use;
    • the use of the Website or a Linked Site;
    • any delay or inability to use the Website or a Linked Site;
    • Your reliance on Content obtained through the Website or a Linked Site; or
    • Your reliance on any product or service obtained from the Website or a Linked Site.

    This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect Your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., You cannot access Your internet service provider), unauthorised access, theft, operator errors, strikes or other labor problems or any matter outside Your or Capricorn’s control.  Capricorn cannot and does not guarantee continuous, uninterrupted or secure access to the Website.

    You accept sole responsibility for the legality of your actions under the laws which apply to You.

    Indemnity

    You agree to indemnify, defend and hold Capricorn, any company within the Capricorn Group and any of the officers, employees, representatives or agents of Capricorn or any other company in the Capricorn Group harmless from and against any and all liability, loss, claim, demand, proceeding, damage (actual, special and consequential) and expense (including legal fees on a solicitor and own client basis and expenses) of every kind and nature, known and unknown, related to or arising from:

    • Your breach of these Terms of Use;
    • Your use of or reliance on the Content, the Website or a Linked Site;
    • any breach or violation of the intellectual property rights of any third party by virtue of Your use of or reliance on the Content, the Website or a Linked Site; or
    • Your violation of any law or any other rights of a third party.

    Variation and Waiver

    Capricorn reserves the right to revise or amend these Terms of Use at any time and at its sole and absolute discretion.  You are deemed to be bound by any changes to these Terms of Use upon publication of any revised or amended Terms of Use.  If You do not agree with any changes to the Terms of Use, You must cease browsing the Website. Any subsequent access to, or use by You of the Website or any Content will constitute acceptance of the revised or amended Terms of Use.

    Capricorn’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provision nor of its right to enforce such provision.

    Governing Law

    These Terms of Use shall be governed, interpreted and construed in accordance with the laws of Western Australia, Australia.  In any action or other legal process with respect to any matter or thing in connection with these Terms of Use, You and Capricorn irrevocably and unconditionally submit to the exclusive jurisdiction of the State of Western Australia, Australia.

    Notices

    If You wish to contact or otherwise provide notice to Capricorn with respect to any matter relating to these Terms of Use, any such notice must be sent to Capricorn by registered ordinary post or, if posted to or from a place outside Australia, by registered airmail (post to 172 Burswood Road, Burswood, Western Australia, Australia 6155), by email ([email protected]) or by facsimile transmission (+61 1800 227 329 – free Australian facsimile number).

    Miscellaneous

    To the extent that any one or more of the provisions of these Terms of Use are prohibited by any applicable law, such provisions or the offending part thereof and each of them, shall to such extent only be ineffective without invalidating or modifying the remaining parts of that provision or otherwise the provisions of these Terms of Use, which shall continue in full force and effect as if the provisions or part thereof so prohibited had not been included in these Terms of Use.

    Nothing in these Terms of Use shall be deemed to create any partnership, agency, employment, franchise, joint venture or other relationship of a similar or other nature between You and Capricorn.  You and Capricorn are entirely independent of each other notwithstanding the provisions of these Terms of Use.

    You warrant that these Terms of Use constitute a legally binding obligation on You, making such warranty enforceable in accordance with its terms.

    These Terms of Use may not be assigned by You.  Capricorn may assign its rights and obligations set forth in these Terms of Use at any time.

    The headings and captions in these Terms of Use have been inserted for convenience only and do not form part of these Terms of Use or affect its interpretation.

    A reference to You includes Your successors, executors, administrators, personal representatives, permitted substitutes and permitted assigns (and, where applicable, Your legal personal representatives) and if You comprise two or more persons, Your successors, executors, administrators, personal representatives, permitted substitutes and permitted assigns (and, where applicable, Your legal personal representatives).

    Words importing the singular number include plural number and vice versa and words importing any gender include other genders.

    If a word or phrase is defined, its other grammatical forms have a corresponding meaning.

    An obligation, representation or warranty in favour of two or more persons or parties is for their benefit jointly and severally and an obligation, representation or warranty on the part of two or more persons binds them jointly or severally.

    Lawful termination under these Terms of Use shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to any party and all provisions which are to survive these Terms of Use or impliedly do so shall remain in force and in effect including but not limited to sections No Liability, Intellectual Property Rights, Linking to the Website, No Alteration, Governing Law, Indemnity and this Miscellaneous Clause.

    Except as provided in these Terms of Use, these Terms of Use constitute the entire agreement between You and Capricorn pertaining to their subject matter.