Terms & Conditions

1 Introduction

The websites: www.cloudawakening.com, asset.guru and www.assetguru.com (Websites) are operated by Asset Guru Australia Pty Ltd ABN 68 165 042 857 (Asset Guru). By using or accessing the Websites you agree to these terms and conditions. If you don’t agree to these terms and conditions, please don’t use or access the Websites. Asset Guru may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

2 Intellectual property rights

Asset Guru and its licensors own the intellectual property rights (including copyright and trade marks) in the Websites, the asset.guru application and the other contents of the Website. You must not copy, modify, transmit or adapt the contents of the Websites or the Websites themselves or otherwise infringe the intellectual property of Asset Guru or its licensors.

3 Your use of the Websites

You must not:

  • use the Websites in a manner that violates a law or regulation of any country;
  • disrupt, interfere with, reverse engineer or compromise the security of the Websites or any software or hardware connected to or used to provide the Websites; or
  • restrict, inhibit or interfere with any other user’s use or enjoyment of the Websites.

4 Privacy

All personal information that you supply in connection with the Websites will be collected, used, disclosed and managed by Asset Guru according to the terms of its Privacy Policy, a copy of which is available on each of the Websites. You consent to Asset Guru dealing with your personal information in accordance with its Privacy Policy. You also agree to use the Websites in accordance with any other policies that we publish on the Websites from time to time.

5 Links

The Websites may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of Asset Guru. Asset Guru is not responsible for, and does not control or approve, the contents of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

6 Cookies

During your use of the Websites and any use of the asset.guru application, Asset Guru may issue and request cookies to and from your computer or mobile device. By using the Websites you authorise Asset Guru to issue and request such cookies.

7 Warranties and limitations

To the extent permitted by law:

  • all statutory and implied guarantees, warranties and conditions of any kind in connection with the Websites and its contents are expressly disclaimed. Asset Guru does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law to exclude;
  • Asset Guru does not warrant that your access to the Websites will be uninterrupted or that the Websites will operate error free, that any defects will be corrected or that the Websites and their servers are free of computer viruses, trojans, spyware and other harmful material;
  • Asset Guru does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Websites, or that it will give notice of such use, modification or alteration;
  • Asset Guru does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Websites or their contents. Your use of the Websites and the information on them is at your own risk; and
  • the Websites and their contents are provided on an “as is” basis without any warranties of any kind. Asset Guru may change the Websites or limit or terminate your access to the Websites at any time without notice.

Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If Asset Guru breaches a non-excludable term or condition, it will be liable for that breach. However, if Asset Guru is allowed to limit its liability for that breach under the relevant law, Asset Guru’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at Asset Guru’s option).

Asset Guru makes no representation that the content of the Websites comply with the laws of any country outside Australia. If you access the Websites from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

8 Limitation of liability

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, Asset Guru will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with the Websites, or any use of or access to, or any inability to use or access, the Websites.

You will indemnify Asset Guru against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by Asset Guru in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of the Websites or any violation of any applicable law or these terms and conditions.

9 Applicable law

By using the Websites, you agree that any dispute arising in connection with these terms and conditions, or your use of the Websites, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

These terms and conditions were last updated on 10 October 2014.