Website Terms of Use

Last updated: May 2023

Cayian Pty Limited and its group of companies (collectively referred to as “Cayian”, “Company”, “we”, “us” or “our”), is the owner of the website domain at https://cayian.com (“Website”). The Website showcases our products and services.

Please read the following terms and conditions very carefully as your use of the Website is subject to your acceptance of and compliance with the following terms and conditions (“Terms“/“Agreement”).

By accessing or otherwise using the Website, you accept and agree to the Terms contained herein. These Terms of Use constitute a legally binding Agreement between you and the Company. While using the Website, you may be subject to any posted guidelines or rules applicable to the Website. All such guidelines or rules are hereby incorporated by reference into this Terms. By using or accessing the Website, you de-facto agree to the following Terms. You also represent that you have read and understood all of the provisions of these Terms. If you continue to use this Website, you are agreeing to be bound by these Terms, which along with the Privacy Notice (the “Privacy Notice”) and Cookie Policy (the “Cookie Policy”) govern your relationship with us.

If you do not agree to all or any of these Terms, do not use the Website.

Information available on the Website

The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We are not responsible if the information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

The Company shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Website.

You agree that you are solely responsible for your use of the information made available through the Website, and the Company shall not be responsible and/or liable for any consequences arising from such use/access.

Prohibited conduct

You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights, (c) circumvent or disable any content protection system or digital rights management technology used in connection with the Website content, (d) rebroadcast or transmit the content available on the Website, (e) modify the Website in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from any content, or by framing, mirroring, or utilising similar techniques.

You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any others use and enjoyment of the Website.

You will not impersonate another person or entity or misrepresent your affiliation with a person or entity when using the Website or contacting us. You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Website, through hacking, password mining or any other means.

You will not use the Website to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Website.

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website.

You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.

Privacy policy

Before you continue using our Website, we advise you to read our Cookie Policy and Privacy Notice regarding data collection and the use of your data. You hereby agree to the terms set out in our Cookie Policy and Privacy Notice, including any obligations imposed on you.

Intellectual property

All content, features, functionality, products, and services provided on this Website are and will remain the property of Cayian, including all copyrights, trade secrets, trademarks, patents, and other intellectual property. Our rights are protected by copyright, trademark, and other laws. You are not permitted to reproduce or redistribute any part of this Website, in any form of media, for any commercial purpose, without our prior written consent. It is prohibited to perform any form of unauthorised distribution, copy, or publication of any content, software, proprietary processes, or technology within this Website, in part or full. There may be number of proprietary logos, service marks and trademarks found on the Website whether owned/used by us or otherwise. By displaying them on the Website, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks.

If you believe that the Website contains elements that infringe any intellectual property rights, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.

Links to other websites

Our Website and blogs may contain links to third party websites, products or services that are not owned or controlled by us. Our Website may contain links to our business partner company’s websites. Cayian does not endorse any content, products or services on third party websites.

You acknowledge and agree that you access and use third party websites, their content, products or services, at your own risk. Cayian 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 third party websites.

Disclaimer and limitations on liability

You expressly acknowledge and agree that use of the Website is entirely at your own risk and that the Website and the information therein is made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied. The Website may be subject to cyberattacks such as hacking, phishing attacks, denial of service attacks and the information may get pilfered, damaged, lost, garbled or become useless, and we will take necessary steps to mitigate such events. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that you are assuming the entire risk as to your information, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Website. We do not represent and warrant that your use of the Website will meet the requirements, or use of the Website will be uninterrupted, timely, secure or free from error or any information obtained by you as a result of use of the Website will be accurate or reliable.

You acknowledge and agree that it is your sole responsibility to consult or conduct due diligence with respect to the content available on the Website, at your own initiative, cost and effort. The Company shall not be liable for the information provided by you or otherwise transmitted on the Website. Any reliance on such information or the use of any such information is solely at your own risk.

In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Website or for interrupted communications, delay, lost data or monetary losses arising out of or in connection with these Terms.

Governing law

By visiting this Website, you agree that the laws of New South Wales, Australia, without regard to principles of conflict laws, will govern these terms, or any dispute of any sort that might come between Cayian and you, or its business partners and associates.

Any dispute related in any way to your visit to this Website or to products or services you purchase from us shall be arbitrated by a court in the Commonwealth of Australia, and you consent to exclusive jurisdiction and venue of such courts.

Waiver

The Company’s failure to insist on or enforce strict performance of any of these Terms shall not be construed as a waiver of any provision or right.

Changes to Terms of use

We may revise or replace these terms of use at any time, at our sole discretion. All revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any changes by checking this webpage. By continuing to use this Website, you certify that you have read and reviewed the revised terms and that you agree to comply with the revised terms. If you do not want to be bound by the revised terms of this agreement, you are advised to leave the Website accordingly.

How to contact us

If you have any questions regarding these terms, please do not hesitate to contact us.