General Terms and Conditions of Use of the Website

Updated December, 2024

Privacy Policy

Cognea Pty Ltd, operating under the business name “Cognea”, and its associated entities and any related bodies corporate (hereinafter referred to as ”us”, “we” or “our”), are committed to respecting and protecting your privacy.

Our Privacy Policy sets out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act. By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us.

We may change our Privacy Policy from time to time by publishing changes to it on our website without prior notice. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Collection of Personal Information

What information is collected

Personal information means information which identifies you personally, or by which your identity can reasonably be ascertained. We may collect personal information about you in order to facilitate your use our Platform and to provide you with our Services.

We may collect the following types of personal information:

  1. ‎ ‎ ‎ ‎ Email address;
  2. ‎ ‎ ‎ ‎ ‎Information about your transactions;
  3. ‎ ‎ ‎ ‎ ‎Your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

How we collect this information from you

We may collect this information when you:

  1. ‎ ‎ ‎ ‎ Interact with our websites, services and content

Why we collect this information from you

We may collect and use your personal information for the following purposes:
  1. ‎ ‎ ‎ ‎ to enable you to access and use our Platform and services.
  2. ‎ ‎ ‎ ‎ ‎to operate, protect, improve and optimise our website, services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  3. ‎ ‎ ‎ ‎ ‎to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

How we collect this information from you

We may collect this information when you:

  1. ‎ ‎ ‎ ‎ Interact with our websites, services and content

Why we collect this information from you

We may collect and use your personal information for the following purposes:

  1. ‎ ‎ ‎ ‎ to enable you to access and use our Platform and services.
  2. ‎ ‎ ‎ ‎ ‎to operate, protect, improve and optimise our website, services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
  3. ‎ ‎ ‎ ‎ to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and

Storage of Personal Information

We take all reasonable steps (including the employment of appropriate security systems and procedures) to ensure all data held by us is safe and secure. Such security measures include physical protection and electronic encryption to prevent any unauthorised access.

However, we cannot guarantee the secure transmission of data over the Internet nor complete safety of electronic storage. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information.

If you suspect that your personal information has been compromised, especially account and/or password information, please lock your account and submit a customer support ticket immediately.

Disclosure of personal information

We may disclose personal information for the purposes described in this Privacy Policy to:

  1. ‎ ‎ ‎ ‎ Our employees and agents;
  2. ‎ ‎ ‎ ‎ Third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
  3. ‎ ‎ ‎ ‎ Other entities, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Accessing or Amending Personal Information

We respect your privacy and will provide you with reasonable access to the personal information you have provided to us through your use of our services. If we hold personal information about you that is not accurate, complete or up to date, you may request us to change that information. We will respond to your request within a reasonable time, usually within 14 days. Please note that we may need to verify your identity when you request your personal information.

Personal information provided by you must not be false or misleading. We assume that the information you provide to us is accurate and will be updated when the relevant personal information changes.

We reserve the right to deny you access for any reason permitted under applicable law. If we deny access or amendment, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial in our records. If you would like to access or amend any information we hold about you, please contact us on the details provided at the end of this Privacy Policy.

Privacy complaints

If you have any questions about our Privacy Policy, or if you have a complaint about our handling of your
personal information, please contact us using the contact information below.

We will endeavour to respond to your complaint within 10 business days of receipt. If unresolved, the complaint
may be referred to an external complaints resolution entity and finally, if necessary, taken to the Office of the
Australian Information Commissioner.

Terms and Conditions

Welcome to Cognea, a website operated by Cognea Pty ltd (hereinafter referred to as (“We”, “Us” or “Our”). The following terms and conditions (the “Terms and Conditions”) govern your access to and use of this website and its content, including all information, products, and services offered through the Site. By accessing and using this Site, you agree to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use this Site.

1. Indemnity

You agree to indemnify and hold Us, our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, your violation of these Terms and Conditions, or your violation of any rights of another party.

2. Liability

To the extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, loss of profits, loss of business, or other financial loss arising out of or in connection with the use of this Site or the content provided on the Site.

3. Disclaimers

The content on this Site is provided for general information purposes only. The information and materials on this Site are provided “as is” and without warranties of any kind, either expressed or implied. You acknowledge that your use of this Site is at your own risk and that the content is provided to you on an “as is” basis.

4. Intellectual Property and Copyright

The content on this Site is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, or offer for sale any information, software, products, or services obtained from this Site without Our prior written consent.

5. Third-Party Relationships

This Site may contain links to other websites owned and operated by third parties. We do not endorse or assume any responsibility for the content, accuracy, or availability of information provided by these third-party sites. Your use of third-party sites is subject to the terms and conditions of use and privacy policies of the respective sites.

6. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Cognea Pty Ltd is located, without giving effect to any principles of conflicts of law.

7. Changes to the Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. Your continued use of this Site following any changes to these Terms and Conditions constitutes your acceptance of such changes.

8. Entire Agreement

These Terms and Conditions, together with Our Privacy Policy, constitute the entire agreement between you and Us with respect to your use of this Site. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.