BERT WEBSITE TERMS OF USE.

This website (Site) is owned by B.E.R.T Pty Limited (BERT), ABN 82 010 917 281 as trustee of the BERT Fund No2. Your access to and use of the Site is subject to the following Terms of Use. Use of the Site indicates your automatic acceptance of these Terms of Use. Information on this Site is intended for Australian residents only. No agreement will be entered into with any person who is not an Australian resident.

 1.   Intellectual Property

·        The information, text materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) are owned by BERT unless otherwise expressly stated.   

·        You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit, communicate or distribute in any way the Content without BERT’s prior written consent unless expressly permitted by these Terms of Use or the Copyright Act.

2. Access

·         BERT reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that BERT believes, in its sole discretion, is inappropriate for continued access to and/or use of the Site.

3. System Integrity and User Conduct

·         You must not use the Site to:
(a) send junk, obscene, indecent, offensive, or threatening electronic mail or "spam" to any party; (b) attempt to gain unauthorised access to interfere with or disrupt the Site or computer systems or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or (c) attempt to access or collect personal data about other users, including e-mail addresses.

4. Links & Advertising

·         The Site may contain links to third party websites. BERT is not responsible for the content of those sites or any risk associated with third party websites.

·         The Site may contain advertisements for third parties' products and/or services. BERT is not responsible for the content of those advertisements or any risk associated with acquiring products or services advertised by a third party on the Site.

5. Use of Material

·         The information on the Site is not intended to constitute financial product advice or an offer to acquire financial products.

·        Your particular financial objectives, needs and circumstances have not been considered in the preparation of information on the Site.

6. Disclaimer

·         Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information on the Site is correct, BERT makes no representation or warranty of any kind as to the accuracy or completeness of any information on the Site. Before acting on any information shown on the Site, you should contact BERT on 1300 261 114 and obtain a written statement of the information required.

·         You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

·         BERT does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site/any Content is free from Malware

7. Limitation of Liability

·         Subject to clause 7.2, neither BERT nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Site or the Content (even if BERT has been advised of the possibility of such damages) including liability associated with any malware which may infect a user's computer equipment.

·         If BERT cannot lawfully exclude or modify its liability under a statutory term, condition or warranty, that term, condition or warranty is deemed to be included in these Terms of Use and liability under clause 7.1 is limited, at the option of BERT, to the supply of the services again, or the payment of having the services resupplied.

8. General

·          BERT may from time to time amend, update, or change the Site or the Content, including these Terms of Use, without prior notice.

·         These Terms of Use constitute the entire agreement between you and BERT with respect to this Site.

·         If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be deemed deleted only to the extent that it is not enforceable.

·         Failure by BERT to insist upon strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of BERT.

·        An e-mail which is sent to BERT is taken to be received by BERT when the e-mail message enters the electronic mail box of BERT and is able to be opened in readable form. Proof of receipt is established by an electronic or paper record of the date and time the e-mail message entered the electronic mail box of BERT and was able to be opened in readable form.

·         These Terms of Use shall be governed by, and must be construed in accordance with, the laws of the State of Queensland Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the courts, which have jurisdiction to hear appeals from those courts.

 

9. Access to Secure Pages on Site – Member Access

·          Access to the Member Access pages on the Site where a password and user name are required (Secure Pages) is only authorised for members of the BERT Funds.

·         You are responsible for maintaining the confidentiality and security of your password and user name. You agree to notify BERT immediately of any unauthorised use of your password or other breach of security. BERT is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified BERT of such use/breach.

·         BERT can cancel any password or user name at any time and without notice if BERT believes it is being used in a way that can cause loss to you or BERT.

10. Member Information – Member Access

·         Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information and record of your benefits as shown is correct, BERT does not represent or warrant the information or record of benefits disclosed are complete or accurate. Before taking any action based on the information shown in the Member Access Secure Pages, you should contact BERT on 1300 261 114 and obtain a written statement of the required information.

·         To the extent permitted by law, BERT, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the Member Access pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.

·         You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the Member Access Secure Pages, such information or change is correct.

CIP WEBSITE TERMS OF USE.

This website (Site) is owned by Construction Income Protection Limited (CIP), ABN 43 110 841 962. Your access to and use of the Site is subject to the following Terms of Use. Use of the Site indicates your automatic acceptance of these Terms of Use. Information on this Site is intended for Australian residents only. No agreement will be entered into with any person who is not an Australian resident.

 1.   Intellectual Property

·         The information, text materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) are owned by CIP unless otherwise expressly stated.   

·         You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit, communicate or distribute in any way the Content without CIP’s prior written consent unless expressly permitted by these Terms of Use or the Copyright Act.

2. Access

·         CIP reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that CIP believes, in its sole discretion, is inappropriate for continued access to and/or use of the Site.

3. System Integrity and User Conduct

·         You must not use the Site to:
(a) send junk, obscene, indecent, offensive, or threatening electronic mail or "spam" to any party; (b) attempt to gain unauthorised access to interfere with or disrupt the Site or computer systems or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or (c) attempt to access or collect personal data about other users, including e-mail addresses.

4. Links & Advertising

·         The Site may contain links to third party websites. CIP is not responsible for the content of those sites or any risk associated with third party websites.

·         The Site may contain advertisements for third parties' products and/or services. CIP is not responsible for the content of those advertisements or any risk associated with acquiring products or services advertised by a third party on the Site.

5. Use of Material

·         The information on the Site is not intended to constitute financial product advice or an offer to acquire financial products.

·        Your particular financial objectives, needs and circumstances have not been considered in the preparation of information on the Site.

6. Disclaimer

·         Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information on the Site is correct, BERT makes no representation or warranty of any kind as to the accuracy or completeness of any information on the Site. Before acting on any information shown on the Site, you should contact CIP on 1300 261 114 and obtain a written statement of the information required.

·         You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.

·         BERT does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site/any content is free from Malware.

7. Limitation of Liability

·         Subject to clause 7.2, neither CIP nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Site or the Content (even if BERT has been advised of the possibility of such damages) including liability associated with any malware which may infect a user's computer equipment.

·         If CIP cannot lawfully exclude or modify its liability under a statutory term, condition or warranty, that term, condition or warranty is deemed to be included in these Terms of Use and liability under clause 7.1 is limited, at the option of CIP, to the supply of the services again, or the payment of having the services resupplied.

8. General

·          CIP may from time to time amend, update, or change the Site or the Content, including these Terms of Use, without prior notice.

·         These Terms of Use constitute the entire agreement between you and CIP with respect to this Site.

·         If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be deemed deleted only to the extent that it is not enforceable.

·         Failure by CIP to insist upon strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of CIP.

·        An e-mail which is sent to CIP is taken to be received by CIP when the e-mail message enters the electronic mail box of CIP and is able to be opened in readable form. Proof of receipt is established by an electronic or paper record of the date and time the e-mail message entered the electronic mail box of CIP and was able to be opened in readable form.

·         These Terms of Use shall be governed by, and must be construed in accordance with, the laws of the State of Queensland Australia and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the courts, which have jurisdiction to hear appeals from those courts.

 

9. Access to Secure Pages on Site – Member Access

·          Access to the Member Access pages on the Site where a password and user name are required (Secure Pages) is only authorised for members of the CIP Funds.

·         You are responsible for maintaining the confidentiality and security of your password and user name. You agree to notify CIP immediately of any unauthorised use of your password or other breach of security. CIP is not responsible for any loss or damage for unauthorised use of your password/other breach of security where you have not notified CIP of such use/breach.

·         CIP can cancel any password or user name at any time and without notice if CIP believes it is being used in a way that can cause loss to you or CIP.

10. Member Information – Member Access

·         Information disclosed on this Site is provided for information purposes only. While all reasonable care has been taken to ensure that the information and record of your benefits as shown is correct, CIP does not represent or warrant the information or record of benefits disclosed are complete or accurate. Before taking any action based on the information shown in the Member Access Secure Pages, you should contact CIP on 1300 261 114 and obtain a written statement of the required information.

·         To the extent permitted by law, CIP, its officers, directors, employees, agents or related bodies corporate do not accept responsibility in any way (including by reason of negligence) for errors in, and omissions from, the Member Access pages and do not accept any responsibility for any loss or damage, however caused, as a result of any person relying on any information contained on those pages.

·         You accept responsibility for and warrant that, in respect of any information you provide or change that you make on the Member Access Secure Pages, such information or change is correct.