Website terms and conditions

Ownership of Websites

The website domains bigstone.com.au, bigstonecapital.com.au, bigstone.co, bigstone.loans, bigstone.investments and bigstone.market (the Websites) are owned and operated by Bigstone Capital Pty Ltd ABN 44 603 289 658 (we, us or our).

Terms apply to use of Websites

These terms of use (Terms) apply to your use of the Websites and to any correspondence by email between you and us. Using the Websites indicates that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, please do not use the Websites. 

Privacy policy

Your access to the Websites is subject to our Privacy Policy, as well as any notices, disclaimers and other content published on the Websites. No part of these Terms is intended to override our Privacy Policy. Please read our Privacy Policy before providing us with any information.

Use of other services includes their Terms and Conditions

If you use any of the services accessible through the Websites for which additional terms and conditions are applicable, then you agree also to be bound by those relevant terms by using those services. 

Variation of these Terms

We may, at our sole discretion, vary these Terms without notice. Any subsequent access to, or use by you of the Websites will constitute acceptance of the varied Terms.

Interference with Websites

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Websites.

Collection of Information

We may collect and access your information from time to time for the purpose of providing or improving our services. We may collect your personal information from public sources, such as social media networks, and private sources, as well as from you.

We may also collect personal information as required or authorised by or under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), or any related regulations.

If we are required or authorised by or under a court or tribunal order to collect personal information about you, we will take reasonable steps to notify you as soon as practicable after the order.

You agree that we may disclose your personal information to credit reporting and rating agencies, debt collection agencies, any of our related bodies corporate and other third parties and contractors as part of providing our services or as required by law. However, we will not sell or disclose your personal information to advertisers or any person who is unrelated to the provision of our services without your consent.

Content

We own all rights to the Websites and content displayed on the Websites, including, but not limited to, the Bigstone logo, domain names, images, buttons, text, data, articles, design, source code, software, photos, images and other information (collectively, the Content). The Websites services, content, trademarks, service marks, trade names, images and logos are proprietary to or used by us with permission and are protected under the Copyright Act 1968 (Cth) and by other copyright laws in Australia and other countries.

You must not copy, adapt, reproduce, distribute, republish, display, post, upload to a third party, link to, frame, perform in public, distribute or transmit the Content in any form or by any means without our written consent.

Nothing on the Websites should be construed as granting, by implication or otherwise, any license or right to use any of the Content or trademarks displayed on the Websites, including by linking or framing, or in any networked computer environment for any purpose. You must not use any of our trademarks as part of a link to or from any site unless approved in writing by us in advance. You may, however, use a plain text link to our homepage on your website without the need for further permission from us.

Monitoring of Websites and Content

You acknowledge and agree that we have the right to monitor the Websites and Content and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Websites, or to users of the Websites. We have no obligation to do so.

Disclaimer

Neither we, nor any of our affiliates, providers or officers, directors, employees, agents, independent contractors or licensors (collectively the Bigstone Parties) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and we disclaim liability for any errors or omissions.

The Websites and Content is provided "as is", without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The Websites may contain technical inaccuracies or typographical errors.

The Bigstone Parties do not warrant the results of your use of the Content or that the Websites are free of viruses or other harmful components. Use of the Websites is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws.

We may discontinue or make changes in the Content and the Websites at any time without prior notice and without any liability. Any dated information is published as of its date only, and the Bigstone Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all content, Websites offerings or transmissions without prior notice.

Third Party Websites

The Websites may contain links to web sites controlled, owned, or operated by third-party entities, organisations or people (theThird Party Websites). Links to Third Party Websites on the Websites are provided solely for your convenience, and are not endorsed by us. If you use these links, you leave the Websites. We have not reviewed, do not control and are not responsible for the Third Party Websites or their content or availability. We do not endorse nor make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Websites, you do so entirely at your own risk.

Submissions

Any material you send to us on or via the Websites will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.

Limitation of Liability

The Bigstone Parties exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) in connection with the Websites in any way or in connection with the use, inability to use or the results of use of the Websites, any Third Party Websites or the material on such websites, including but not limited to loss or damage due to computer viruses. If we are found responsible for any damages, we are responsible for actual damages only. In no event will we, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Websites.

Waiver

Our failure to enforce any of our rights under these Terms must not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of these Terms are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Jurisdiction

The Terms of Use and all other aspects of your use of the Websites shall be governed by the laws of the state of New South Wales, Australia. Disputes arising in connection with this legal notice shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. You agree that you will notify us of any claim or dispute concerning or relating to these Terms or the Websites.

The privacy policy is linked in the footer of every page on the site. You can also access it here.
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