Terms and Conditions

TERMS AND CONDITIONS

This page sets out the terms of use of this website. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://diogenes.com.au website (the “Website”) operated by Diogenes Investing and its associated entities (“us”, “we”, or “our”).

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website. You maybe held personally liable for any unlawful use of the Website.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Website. Your continued use of the Website will be deemed as your acceptance thereof.

DISCLAIMER

The material contained on the Website provides general information on our activities. The information is of a general nature only and should not be considered advice. It is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. You should not act or fail to act on the basis of information appearing on the Website without first seeking advice appropriate to your circumstances. Users should make their own enquiries and should seek all necessary financial, legal, tax and investment advice from external qualified professionals.

Diogenes Investing, its affiliates and its and their respective employees, officers, directors, agents and/consultants do not accept any liability for the results of any actions taken or not taken on the basis of information contained on the Website.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the services offered.

AVAILABILITY, ERRORS AND INACCURACIES

We use reasonable endeavours to ensure that the information we include on the Website is accurate and up to date, but we cannot guarantee the accuracy, currency or completeness of the information provided, and we accept no responsibility for errors in the content at any time.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

INTELLECTUAL PROPERTY

The Website and its original content, features and functionality are and will remain the exclusive property of Diogenes Investing and its licensors. The Website is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or services without the prior written consent of Diogenes Investing. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Website only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Website to create, display, use, play, and download content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or website that is not affiliated with us or in any way brings us in disrepute. You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

THIRD PARTY WEBSITES

The Website may contain links to third-party websites or services that are not owned or controlled by Diogenes Investing. Any opinions, advice, statements, websites, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Diogenes Investing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Diogenes Investing 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 use of or reliance on any such content, goods or services available on or through any such websites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

LIMITATION OF LIABILITY

We do not guarantee that use of the Website will be uninterrupted or error-free, or that materials accessible on or through the Website will be free from errors, viruses, worms or other harmful codes. To the extent permitted by law, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of the Website, or as a consequence of any content or information obtained from or through the Website.

You agree that we shall not be liable for any damages suffered as a result of using the Website, copying, distributing, or downloading Content from the Website. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Website and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Website.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Website. It is your sole responsibility to ensure the accuracy of the data inputted.

INDEMNIFICATION

As a condition of your access to and use of the Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Website or your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration and applies to claims arising both before and after the registration ends.

PRIVACY

Any personal information collected by us through your use of the Website will be dealt with in accordance with our Privacy Policy.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website and supersede and replace any prior agreements we might have between us regarding the Website.

We make no representation that the content complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on the Website content.

CONTACT US

If you have any questions about these Terms, please contact us.

Last updated: November 2022

Diogenes Investing Pty Ltd ATF Gray Holdings Trust;  ABN 90 095 371 433;  Level 19/10 Eagle Street Brisbane QLD 4000