Fountain | Terms of Use

TERMS OF USE

Your access to and use of this website, including without limitation all services, information, text, graphics, links or other items or materials provided or contained herein (the “Site”) is subject to the following terms and conditions (the “Terms & Conditions”), and the applicable law.

By accessing and using the Site, you unconditionally agree to be bound by these Terms and Conditions in their entirety and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. If you do not accept these Terms and Conditions, please immediately discontinue your access to this Site.

The Site is controlled and maintained in Australia, and Cerebos (Australia) Limited (“Cerebos”) makes no representation that the material and information contained herein is appropriate or available for use in other locations or jurisdictions. Where third parties supply content published on the Site, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law), accept responsibility for the accuracy or otherwise of such content (whether published on or offline), or the use of such content.

The Site is for your personal use. Unless otherwise specified, all information and material on the Site is presented to provide general information regarding Cerebos and its products under the FOUNTAIN trademark Cerebos does not make any representation that any trademark. Cerebos does not make any representation that any products on the Site are appropriate and/or available for use at all locations. The material available on this website may be restricted by law in certain jurisdictions. It is your responsibility to find out what those restrictions are, and observe them. Cerebos may modify or revise these Terms & Conditions by posting such modifications or revisions on this Site from time to time without prior notice. Your continued use of this Site thereafter constitutes acceptance of all the prevailing Terms & Conditions, as modified from time to time.

INTELLECTUAL PROPERTY

You acknowledge and agree that all works and other subject matter contained on this Site, including but not limited to text, software, music, sound, photographs, illustrations, graphics, videos, or other material contained in or presented to you on this Site, as well as their selection and arrangement (“Materials”), are protected by our or other third parties’ copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Cerebos only authorizes you to view and download Materials at this Site in the course of your accessing the same for your personal, non-commercial purposes. In particular, but without limitation, you may not modify the Materials on this Site in any way or reproduce or publicly display, publish, perform, distribute, “deep-link”, transmit, create adaptations or derivative works thereof, incorporate the same in any database, compilation, archive or cache, distribute the same to others, whether or not for payment or other consideration.

You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not engage in any data mining, data gathering or extraction. Any use of these Materials on any other website (including without limitation, displaying this Site or any Material displayed on or that can be downloaded from this Site in frames on another website without Cerebos’ express written permission), is prohibited. Without prejudice to the generality of the foregoing, all names, logos and marks on the Site are the property of or duly licensed to Cerebos in locations where Cerebos sells its products bearing the FOUNTAIN trademark.

Modification, download, reproduction or use of these trademarks or any Materials on the Site, other than as provided in these Terms & Conditions, or in accordance with the contents of the Site, is strictly prohibited. Nothing contained on this Site should be construed as granting any licence or right of use of any trademarks displayed on the Site without prior written permission of the relevant owner or third party owner.

TRANSMISSION OF INFORMATION

You agree to provide true, accurate, current and complete information if and when you elect to provide such information that may be requested on the Site. You also agree to maintain and promptly update any such information to keep it accurate. In particular, but without limitation, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead.

You agree that any and all comments, suggestions, ideas, graphics, or other information that you transmit to or post on the Site becomes and will remain the property of Cerebos and may be used by Cerebos in such manner as it sees fit and for any reason whatsoever, and will be treated as non-confidential and non-proprietary. Cerebos will not have any obligation to use or evaluate any information received from you, and Cerebos will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

You agree not to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane materials or any materials that could constitute or encourage conduct that would be considered a criminal offence or violate any law. We reserve the right to delete any objectionable Materials.

Visitors or users of the Site who submit any information or materials to Cerebos by using the Site hereby grant to Cerebos a worldwide royalty-free perpetual licence for the use of the copyright and/or any other intellectual property rights in such information or Materials for any purpose Cerebos shall deem fit including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.

Cerebos shall not be under any obligation of confidentiality to visitors or users of the Site regarding any such information or materials submitted to it using the Site unless agreed otherwise in a separate direct contract, required by law, or in accordance with our Privacy Policy(opens in a new window).

DISCLAIMER

You expressly agree that use of the Site is at your sole risk and is provided on an “as is” and “as available” basis.

Cerebos assumes no responsibility for any errors or omissions. To the maximum extent permitted under law, Cerebos and its affiliates and subsidiaries and their successors and assigns (collectively, “affiliates”), and any officer, director, employee, subcontractor, agent (collectively, “agents”), respectively thereof expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose and/or non-infringement. Cerebos and its affiliates and agents make no warranty, express or implied, that the Site or any services, products, or information obtained on or through the Site will meet your requirements or will be uninterrupted, timely, secure, virus-free or error-free, nor does Cerebos or its affiliates or agents make any warranty, express or implied, as to the results that may be obtained from the use of this Site or any services, products or information obtained on or through the Site or as to the accuracy, completeness or reliability thereof. Cerebos does not undertake and is not obliged to update or correct any information that appears on the Site or any website linked hereunder.

You understand and agree that any Material and/or information downloaded or otherwise obtained through the use of or from the Site is at your own discretion and risk and that you will be solely responsible for your use or non-use of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such Material and/or information and any bodily injury. No advice or information, whether oral or written, obtained by you from Cerebos or through or from any service or product on the Site shall create any warranty not expressly stated herein. All implied warranties are excluded.

Some of the Material or information on the Site may comprise syndicated content, facts, views, opinions, statements and/or recommendations provided by third party individuals and organizations. These do not necessarily represent the views of Cerebos and Cerebos does not represent or endorse the accuracy, currency or reliability of any advice, opinion, statement or other information displayed on, uploaded to, or distributed through the Site. Any reliance upon any such opinion, advice, statement or information is at your sole risk. Cerebos will not be liable for any loss, damage or injury of any kind arising from your use of or reliance on such content.

LIMITATION AND EXCLUSION OF LIABILITY

To the maximum extent permitted under law, Cerebos and its affiliates and agents, shall not be liable for any direct, indirect, incidental, special, statutory, consequential and/or punitive damages, resulting from or in connection with the use or the inability to use the Site or any services, products or information obtained on or through the Site, even if Cerebos or its affiliates or agents, have been advised of the possibility of such damages, including, without limitation, damages from: personal injury; downloading any Material contained on or accessed through the Site; linking to any third party site from the Site; any unauthorized access to any information on the Site and/or submitted by you to or through the Site; cost of procurement of substitute goods or services; messages received through or from the Site; and/or loss of profits, use, data or other losses.

You further agree that to the maximum extent permitted under law, Cerebos and its affiliates and agents, shall not be liable for any damages arising from interruption, suspension or termination of the Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

The limitations and exclusions of liability herein shall also apply to other sites which may be linked to the Site.

You acknowledge that the limitations and exclusions of liability set forth in these Terms & Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and Cerebos, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us, and the availability and costs of insurance with respect to the said risks. You further agree that these limitations and exclusions shall be enforceable to the fullest extent permitted by applicable law.

In certain cases, the applicable law does not allow limitation or exclusion of liability and therefore the above limitation may not apply to you. However, Cerebos’ total liability to you, in respect of all information, representations and warranties contained in this Site, shall in no event exceed the total amount paid by you to access the Site.

INDEMNITY

You will indemnify and hold harmless Cerebos, its affiliates and agents against any and all actions, liability, claims, loss, damage, proceedings, expenses (including legal fees, costs and expenses on a full indemnity basis), judgments, settlements, penalties, suffered or incurred in connection with claims due to, resulting from or arising in connection with, whether directly or indirectly, your use of the Site, your connection to the Site, your breach of these Terms & Conditions or any law, regulation or third party rights in connection with your use of this Site or the information and Materials hereon, your breach of any rights of another party, and/or any infringement, misappropriation or violation by you of any copyrights, trade mark or other rights of Cerebos or any third party. This indemnity survives termination of these Terms & Conditions.

If any provision of the Terms & Conditions is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, and that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the remaining Terms & Conditions for the Site will in any event remain valid and enforceable. In cases where the applicable law does not allow the restriction, limitation or exclusion of liability, Cerebos’ total liability to you, in respect of all information, representations and warranties contained in the Site, shall in no event exceed the total amount paid by you to access the Site.

HYPERLINKS

The Site provides links to other websites or resources for your convenience only, and those websites and resources are not under Cerebos’ control. Use of, and access to these websites or resources is at your own risk. You acknowledge and agree that Cerebos is not responsible for the availability, reliability or accuracy of such sites or resources, and Cerebos does not endorse the same, its use or contents and is not responsible or liable for any content, advertising, products, or other Materials on or available therefrom.

You agree that Cerebos shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such sites or resources.

PRIVACY POLICY

Cerebos has adopted a Privacy Policy which may be accessed from this Site. Cerebos collects, stores, uses and safeguards personal information in accordance with that Privacy Policy(opens in a new window).

GOVERNING LAW

These Terms & Conditions are governed by laws of Australia and you hereby submit to the non-exclusive jurisdiction of the courts of Australia. No person or entity which is not a party to this agreement shall have any rights pursuant to any law or regulation to enforce any of the terms of this Agreement, save for our licensors, suppliers, vendors, affiliates and agents who may each do so severally and in its own right.

Revised September 2017