WEBSITE & USER TERMS & CONDITIONS

By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website. Cosmitto from time to time review and update these terms. You are bound to these terms if you are

This website is owned and operated by Cosmitto Pty Ltd (ABN 95 640 235 516) (referred to in these terms and conditions as ‘Cosmitto”,  ‘we‘, ‘us‘, or ‘our‘). 

When we talk about “Users” in these Terms, we are referring to the users of the Platform who search for and compare Listings and Providers via the Platform. 

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

ELIGIBILITY

a. The Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

1. over the age of 18 years and accessing the Platform for personal use; or 
2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

b. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.c. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “Provider” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 

c. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “Provider” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. 

INTELLECTUAL PROPERTY

a. Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trademark or other intellectual property rights that are owned or licensed by us. 

b. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us. 

ACCOUNTS

a. Users can create an Account (Account). An Account can be created by signing up and registering through the relevant page.

b. You warrant that any information you give to us will always be accurate, honest, correct and up to date.

c. If you link your Account with a LinkedIn Account, you authorise us to access certain information on your LinkedIn Account including but not limited to your current profile photo, your contact details including address, contact number and email and any other information from your LinkedIn Account as determined by us from time to time. We may also incorporate a function allowing other social media accounts to be linked to your Account. If such a function becomes available and you link your Account to any other social media account, then you authorise us to also access information on this social media account.

d. Cosmitto reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you. In addition, Cosmitto may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.

 WEBSITE CONTENT 

a. It is our right to, in our absolute discretion, to monitor, modify, block, remove or comment on any content contained on the Website without notice, and with consequence of liable costs.

b. The content on this Website is for general purposes only. We do not advise, suggest or recommend the outcome of any course or provider relevant to your needs. 

c. You agree that you are solely responsible for reviewing the suitability of the course based, and in addition but not limited to the course outcome, cost or location based on your needs and understand that the content on this Website may not be correct. 

d. We encourage all Users to contact Providers to ensure the information and purpose of the course is correct. 

THIRD PARTIES CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Cosmitto accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content

THIRD PARTY TERMS

a. Any service that requires Cosmitto to acquire goods and services supplied by a third party (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

b. Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Cosmitto to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

LIABILITY

a. We make no warranties or representations about this website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website. 

b. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this site.

EXTERNAL LINKS

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Other websites which are linked to the Website are not covered in these terms and may have their own terms and considerations and privacy policy. These Websites may include, however are not limited to, Facebook, Twitter, LinkedIn, Instagram or Google. Cosmitto is not responsible nor liable for any Links on the Platform, whether internal or external Links.

SECURITY

Cosmitto does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of our Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks. 

DISCLAIMER

a. (Directory service) Cosmitto is a medium that facilitates the introduction of Users and Providers by providing Users the function to search and compare Providers and professional training and development courses offered by the Providers. Cosmitto simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Users and Service Providers in relation to such services or otherwise resulting from the introduction.

b. Effectiveness of Services) Cosmitto makes no representation, guarantees or warranties as to the effectiveness of its Services and does not represent or warrant the number or quality of Users that may be directed to your Listings or that may inquire, buy or otherwise engage with you in any way for the provision of services of any kind from you.

c. excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.  

d. (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

e. (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

f. (Indemnity) You agree to indemnify Cosmitto and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:

1. breach of any term of these Terms; or 
2. use of the Website.

g. (Consequential loss) To the maximum extent permitted by law, under no circumstances will Cosmitto be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

UPDATES

We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.

COLLECTION NOTICE FOR PERSONAL INFORMATION & ACCOUNT

a. We collect personal information about you in order to enable you to access and use the Website, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

b. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 

PRIVACY

These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.

JURISDICTION

Your use of the website and these terms and conditions are governed by the laws of Victoria, Australia.