1. Binding Agreement. This Website and the associated Services are offered by Cohort Go to you conditional on your acceptance of these Terms of Use. Please read these Terms of Use. By accessing or using this Website, or confirming any purchase of Services on the Website, you agree to the Terms of Use. If you do not agree to the Terms of Use, please do not use, or confirm any purchase of Services through, this Website.
2. Modification to the Terms of Use. Cohort Go may revise and update these Terms of Use at any time. Your continued usage of the Website or confirming any purchase of Services after any changes to these Terms of Use will mean you accept those changes.
3. Electronic Communication. You agree that Cohort Go can communicate with you electronically either by email or by website notices, or from time to time by phone.
4. Reviews. By submitting content to any Cohort Go review site, you understand and acknowledge that this information is available to the public and as such, is considered a public record and that you are allowing Cohort Go to have a permanent right to use your comments for business purposes including but not limited to internal and external promotions. This could include using, republishing, reproducing, distributing, changing or displaying the comments across Services, Cohort Go promotional material and other websites without restriction from time of submission in perpetuity. Cohort Go may edit and publish edited or partial versions of the review but Cohort Go will never edit your review in such a way as to create misleading impressions of your views. Cohort Go may delete any reviews it deems are inappropriate.
5. Third Party Information. By providing details in relation to third parties to us, you are verifying to Cohort Go that you are authorised by that third party to provide such information.
6. Disclaimer of Warranties. Cohort Go Companies make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the Website and disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
7. Indemnity. You agree to indemnify the Cohort Go Companies for any claim made by any third party due to or arising out of your use of this Website or by accepting any of the Services.
8. Liability. In no event will Cohort Go Companies be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, loss of profits, or damages resulting from lost data or business interruption where such loss or damage results from these Terms of Use, or resulting from the use of or inability to use the Website or the Services. To the maximum extent permitted by law, the Cohort Go Companies exclude all liability and responsibility to you in contract, tort (including negligence), or otherwise, for any loss or damage resulting, directly or indirectly, from any use of, or reliance on, this Website or by accepting any of the Services. When determining if the Cohort Go Companies have caused you to suffer loss, you accept the actions of intermediaries not employed by Cohort Go Companies are the actions of third parties. Cohort Go will not be responsible for any loss caused by a third party (including any providers). If you suffer loss or damage as a result of a Cohort Go Company’s negligence or failure to comply with these Terms of Use, any claim by you against all Cohort Go Companies arising from the Cohort Go Company’s negligence or failure will be limited to the extent permitted by law, in respect of any one incident, or series of connected incidents, to a maximum of AU$100 on written evidence of your loss, providing your payment was made with sufficient time.
9. Rights at law. Nothing in these Terms of Use limits, excludes or modifies any rights you have that cannot lawfully be limited, excluded or modified. For Australian consumers, information about the consumer guarantees is available from the website of the Australian Competition and Consumer Commission.
10. Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia and you agree to the jurisdiction of the courts of the State of Queensland, Australia.
11. Associated documents. These Terms of Use include the following additional documents which may apply to you.
12.2 Complaints Policy
12.3 Combined Financial Services Guide and Product Disclosure Statement
12.4 Security
The following definitions apply: