Terms of Use

These Terms and Conditions apply to the use of this Website.  In using this Website and our services, you agree to be bound by these Terms and Conditions.  If you do not accept these Terms and Conditions, you must refrain from using the Website.  

1.       Definitions

In these Terms and Conditions:

1.1      “we”, “us” and “our” are references to Dymond Cowan Pty Ltd (ACN 007 112 816) t/a the Knight Alliance;

1.2      “the Website” means our website located at www.theknight.com.au; and

1.3      “you” and “your” are references to you as the user of the Website. 

2.      Your use of the Website

2.1      You are provided with access to and are authorised to download or print material contained on this Website only for your personal use.  You may not, without our written permission, on-sell or use any information obtained from this Website for any commercial purpose other than your own use.  You may not use any data mining robots, scraping or other extraction tools, nor metatag or mirror the Website without our prior written permission.

2.2      You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you or your equipment to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.

2.3      You must not use this Website:

(a)       in breach of any laws or regulations;

(b)       to transmit unsolicited emails/spam; or

(c)       to defame, abuse, harass, threaten or otherwise harm any person.

3.      Advice and information appearing on the Website

3.1      All information and advice appearing at the Website is provided in good faith.  While we have no reason to believe that any particular information contained on this Website is inaccurate, to the extent permissible at law we disclaim any warranty in relation to accuracy, adequacy or completeness of such information. While we endeavour to update our Website as often as reasonably practicable, we cannot guarantee it will always be up-to-date.   Where we become aware of any misdescription or of an inaccuracy , we reserve the right to correct any error or omission and to update the information as necessary.

3.2      You accept that any information provided by us is general information and is not in the nature of advice.  Any information provided on the Website is not intended to be used as a substitute for obtaining personalised professional advice from a qualified expert.

3.3      Without limiting any other provision of these Terms and Conditions, we are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Website by any person other than us.  Our editorial control is limited to the selection of materials being made available, although we reserve the right to review any content and amend or alter it as we see fit.  Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.  Where the information made available on this Website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice.

3.4      We reserve the right to change or discontinue any feature of the Website at any time.

4.      Registration and logins

4.1      We may require that sections, features or parts of this Website be accessible only by those who have been granted specific permission and for that purpose we may provide you with a username and password or other login mechanism.  In order to do so we may require you to register with us, which may in turn require the provision of certain personal information.  You must ensure that all information provided to us for that purpose is accurate and not misleading, false or deceptive.  We will treat this information in accordance with our privacy policy.

4.2      If you are given a login as above, you:

(a)       will be regarded as responsible and liable for all activity taking place through the use of that login;

(b)       must keep the details of that login confidential;

(c)       must not disclose the login or transfer it to any other person; and

(d)       acknowledge that we may revoke, suspend or cancel the login or your access to the Website at our discretion.

5.      Disclaimer

5.1      We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.

5.2      To the extent permissible at law, we do not accept and disclaim liability and responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

5.3      To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded.  Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum extent permissible at law. Nothing in these Terms and Conditions is intended to limit, modify or exclude any rights which you may have by law (including the Australian Consumer Law) which cannot by law be limited, modified or excluded.

5.4      Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Terms and Conditions which may not lawfully be excluded, then to the extent permissible at law, our liability for breach of such a warranty or guarantee shall be limited at our option, to any one or more of the following:

(a)       in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b)       in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

5.5      To the extent permitted by law we disclaim all liability to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website.

6.      Intellectual property rights

6.1      Copyright in this Website (including text, information, graphics, logos, icons, photos, sound and audiovisual recordings and software) is either owned or licensed by us or owned by other contributors and used with their consent.  Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from any part of or any content appearing on this Website.

6.2      If you provide us with any content for inclusion on the Website, you grant us an irrevocable, royalty-free licence to use and reproduce that content on the Website.  

6.3      The trade marks THE KNIGHT and our logo are our trade marks and may not be used except with our prior written consent.

7.      Restrictions on Use and Conduct

7.1      From time to time we may include functionality for users to upload material to or make comments or other postings on the Website or related social media platforms (such as Facebook).  If you avail yourself of these facilities, you must not:

(a)       upload, post, transmit or otherwise make available on the Website or social media platform any content that:

(i)        promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness or personal information of another person without their consent, incites hatred or discrimination, contains pornography, nudity, sexual acts or references, contains profanities, swearing, or vulgarity, you reasonably respect to be misleading, false or deceptive (whether by representations or omissions) or contains viruses. worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(b)       damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website / platform.

8.      Indemnity

8.1      You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.

9.      Links

9.1      This Website (including, without limitation, newsletters displayed through the Website) may contain links to other websites and other content.  Those links and content are provided for convenience only and may not remain current or be maintained.  We are not responsible for the content or privacy practices associated with linked websites.

9.2      Our links with linked websites and other content should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites or publishers of other content, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

9.3      You may link to our Website with our written consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our Website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

10.     Cookies

10.1    We may use cookies to gather data in relation to the use of this Website and you consent to us doing so, however you may be able to disable cookies on your web browser.

11.     Privacy Policy

11.1    We undertake to comply with our privacy policy which appears on our Website.

12.     Termination of Access

12.1    The operation of, and your access to this Website may be terminated (whether temporarily or permanently) at any time by us without notice.  Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.

13.     Waiver, Severance and Assignment

13.1    Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.

13.2    If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.

13.3    In the event that we merge, sell or otherwise change control of our business or company, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.

14.     Governing Law

14.1    These Terms and Conditions are governed by the laws in force in Victoria, Australia.

15.     Amendments to Terms and Conditions

15.1    We reserve the right to amend these Terms and Conditions from time to time.  Amendments will be effective immediately upon notification on this Website.  Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.