User content rules
You may submit content to us for the purposes of inclusion on the Website and we may publish such content at our sole discretion. You should not include any personal information or health information such as your name in content you submit to the Website if you do not want it to appear on the Website. If you do include personal information and/or health information in content you submit to the Website, you consent to it being published on the Website. However, we may edit the content to remove or limit the personal information and/or health information published or where appropriate we may decide to not publish the content on the Website.
We may (but have no obligation to you to) monitor, moderate or exercise editorial control over any content you submit to the Website. We may (at our sole discretion and without liability to you) edit, remove from the Website, or elect to not publish content on the Website if, in our opinion, that content is or may potentially be:
incompatible with any of our policies;
inaccurate, misleading, false or deceptive or otherwise contrary to law or regulation;
defamatory, discriminatory, abusive, inflammatory, threatening, offensive, obscene or racially vilifying;
inappropriate, off topic or vexatious;
spam, promotes a product or commercial service, or solicits business; or
breaching confidentiality, privacy or third party rights.
Use of Website
You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Website.
Intellectual property rights
We own or license all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website. This content is protected by copyright laws in Australia and overseas.
You may access, download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website (other than user content you uploaded to the Website) without our prior written consent.
Where you upload or provide information to us via the Website, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials).
By submitting content to the Website, you grant us a worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit your content (and to sub-license others to do so), in any form or on any medium and for any purpose, including but not limited to:
posting your content on our social media pages; and
using your content in promotions and marketing.
You also consent to us (and our successors, assigns and licensees) doing or omitting to do anything with content you upload to the Website that, but for this consent, would constitute an infringement of your moral rights (as defined in the Australian Copyright Act 1968 (Cth) and equivalent legislation in other jurisdictions). This includes reproducing, publishing, performing, transmitting, exhibiting, adapting, altering or in any way changing or using the content in any way that we see fit.
We reserve the right to review, edit, move or delete any content or material displayed on or through the Website at any time without notice and without liability.
The Website includes trade marks which are protected by law. You may not use our trade marks without our prior written consent, except to legitimately identify our products or services.
The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.
Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise as a result of using the Website or any content, information or service available on or from the Website.
We do not provide any warranty in relation to your use of the Website or as to the currency, completeness or accuracy of the content displayed on the Website or the availability of the Website. Your use of the Website is at your own risk and the Website is provided to you "as is" and “as available”.
(a) in relation to goods, replacing or repairing the goods or paying the costs of having the goods replaced or repaired; and
(b) in relation to services, resupplying the services or paying the costs of having the services resupplied.
By submitting content to the Website you indemnify and shall keep indemnified those indemnified from and against all liability those indemnified may suffer or incur arising from any claims against us by third parties in connection with the content you submit to us (including that any such content breaches privacy, confidentiality, intellectual property rights or any law). In this section, “those indemnified” means us and each of our directors, officers, employees and agents.
Linking and framing
The Website may contain links to other sites and may display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.
You may link to our Website provided you do so in a way that accurately indicates that the link is to a Cape Bionics page and is not misleading.
Use of electronic addresses
We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses should not be taken as consent by such employees, officers and partners to receiving unsolicited commercial electronic messages not directly related to Cape Bionics.
Termination or suspension of Website
We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability. We may (without limitation) suspend the Website to conduct maintenance or implement updates.
Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.
Last updated: 16 July 2020