If you use this website you accept the terms that are set out below and that apply in relation to its use. Please read them carefully.
1.1 Capricorn Mutual (we or us or our) owns the copyright in the website and all of its content. We reserve our rights in it. No part of any material may be reproduced or provided to the public, in any form and by any means, without our written permission.
1.2 We grant you a limited licence in relation to the contents of the website (including, without limitation, the text, registration facilities, hyperlinks and the underlying HTML or XML). You may display it on your computer, print it or download it.
2. No Alteration
2.1 You are not allowed to do anything that alters the website, or interferes with or affects its working. This includes removing anything from it, adding anything to it, linking it to or from another website, and distributing any part of it to anyone else.
3. Links to Website
3.1 This website may contain links to third party websites. We make no representation as to the contents of any third party website.
3.2 You must first obtain our written consent if you wish to create a link to or from our website, or any part of our website.
4.1 Your use of the website is at your own risk. We make no representation or warranty with respect to any of the following:
4.1.1 That you will have timely, secure, uninterrupted or error-free access to, and use of, the website.
4.1.2 That the website or any files available for downloading will be error-free or free from viruses, faults or defects.
4.1.3 That the contents of the website (including the text, registration facilities, hyperlinks, and the underlying HTML or XML) are accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of that type.
5. Exclusion of Liability
5.1 To the maximum extent the law allows:
5.1.1 We exclude all implied terms of any kind.
5.1.2 We are not liable, and each of our officers, employees and agents is not liable, for any liability, loss, damage or expense you incur or suffer that arises out of your use of (or reliance on) any of the content of the website or your inability to use it.
This applies even if we have been informed that the liability, loss, damage or expense will or may result.
5.2 You expressly agree that under no circumstances will we be liable for any indirect, incidental, special or consequential damages (including loss of profits) however arising (including negligence or any other act or omission).
6. Limitation of Liability for Implied Warranties
6.1 In the case of an implied term that cannot be excluded by law, our liability is limited, in cases where the law allows it, to any one or more of the following, at our option:
6.1.1 In the case of goods:
(a) The replacement of the goods or the supply of equivalent goods.
(b) The repair of the goods.
(c) The payment of the cost of replacing the goods or of acquiring equivalent goods.
(d) The payment of the cost of having the goods repaired.
6.1.2 In the case of services:
(a) The resupply of the services.
(b) The payment of the cost of having the services resupplied.
7. Alteration to Content
7.1 We are entitled to alter any of the content of the website at any time. However, we are not under any duty to do so.
8.1 We own the Capricorn Mutual trademark [and device]. No permission is given for their use, reproduction or publication, except to the extent allowed by this limited licence.
9.1 If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.
10.1 We reserve the right to vary these terms from time to time. The latest terms will always be made freely available to users at www.capricornmutual.com.
11.1 The fact that Capricorn Mutual fails to do, or delays in doing, something Capricorn Mutual is entitled to do under these terms and conditions, does not amount to a waiver of any obligation of, or breach of obligation, by Capricorn Mutual.
12. Time of Receipt of Emails
12.1 An email is to be treated as having been received at the time it entered the information system of the addressee in an openable and readable form. Receipt may be proved by an electronic or paper record of that event.
13. Governing Law
13.1 These terms and conditions are governed by the law of Western Australia.