Cérge: Member Terms & Conditions

1. Terms of use

In order to be a Cérge Member:

As a Carer who uses the Cérge Platforms on behalf of a Cérge Member, you acknowledge that:

2. Your Membership

You may cancel your membership/registration at any time.

As a condition of membership, you will need to accept service emails from Us and authenticate your email address. Please note that you will also be signed up to receive newsletters, but you can unsubscribe to any correspondence at your convenience.

You acknowledge that all transactions you make with the individual suppliers displayed on the Cérge Platforms (Suppliers) are with that Supplier and not with us.

You consent to the storage by us of all information provided by you when using the Cérge Platforms. You agree that we may store such information using third-party service providers.

3. Cérge account

In order to benefit from the Services you must create and maintain an account with Cérge. You can create an account free of charge by providing the relevant details requested for use of the account. It is your responsibility to keep your account up to date and accurate. While it cannot be guaranteed, updating your account is likely result in Suppliers providing you with higher levels of service tailored to your needs.

A person must not create or have control and/or custody over multiple Cérge accounts unless they are a Carer of a Member.

4. Functionality

Cérge Platforms are designed to connect its Members with Suppliers. At present, the principal function of Cérge Platforms is to allow Members to benefit from personalised services from Suppliers. Cérge Platforms are designed to enable Members to benefit from high levels of customer service and over time potentially access incentives, offers and promotions offered by Suppliers.

Members are able to access benefits offered through the Cérge Platforms by opening a Cérge account and then controlling which Suppliers they interact with and allow access to their account. Suppliers are invited to the Cérge Platforms to (among other things), offer incentives to our Members and to provide Members with higher levels of customer service.

5. No responsibility for Suppliers' actions

Please note that all incentives, products or services offered by any Supplier are subject to policies and terms and conditions defined by that Supplier (including but not limited to the applicable return, cancelation, exchange and delivery policies). As a Member, you agree that Cérge is not an agent of any Supplier and that all Suppliers displayed on Cérge Platforms operate independently and not under Cérge's control. Accordingly, your interaction with or participation in offers or promotions of any Supplier is solely between you and that Supplier. We do not assume any liability, obligation or responsibility for any part of such interaction, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.

Cérge is not responsible for changes to, or discontinuance of any Supplier from any of Cérge's Platforms or the termination of any promotion offered by any Supplier on any of Cérge's Platforms.

Cérge assumes no responsibility and shall not be liable for any Suppliers' conduct, incentive, promotion, content, product and/or services (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).

We have not reviewed and do not endorse the content of any sites linked to and from the Cérge Platforms and we are not responsible for the content or actions of any other sites linked to and from the Cérge Platforms.

6. Termination of account

Cérge reserves the right to suspend or terminate your account for any reason.

Cérge may suspend or terminate your account if it has reason to believe you are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the Cérge Platforms, Services or your account, or any misrepresentation of any information furnished to Cérge or its affiliates by you or anyone acting on your behalf may result in the termination of your account.

7. Personal information

To register as a Member, or as a Carer of a Member, you must supply the information requested by us. Personal information collected is subject to our Privacy Policy, a copy of which is located at Privacy Policy.

When accessing Cérge Platforms, if you decide or direct us to pass your personal details onto a third party, we are not liable for privacy practices, marketing, damages or any actions that may occur from any third party from time to time.

You are solely responsible for all information that you give to us. It must be current, accurate and valid at all times. You can change your details within your site account at any time. If you are confused or have issues please call us.

The information you provide us in your membership registration and further information that you supply that is accessible by you includes personally identifiable information.

8. Third Party Rights

A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.

9. Ownership

All rights, title, and interest in the Services, the Cérge Platforms and the content associated with or on the same belong to Cérge or its licensors. Additionally, Cérge shall maintain all rights, title, and interest in "Cérge" and any other marks, service marks, trademarks, or logos of Cérge (Cérge Marks) that are registered in Australia and other countries. The Cérge Marks may not be used in connection with any non-Cérge product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cérge. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing "Cérge" or anything substantially similar to "Cérge" or any other Cérge Mark including, without limitation, Cérge.com.au with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use Cérge in any ad text, extension, or banner ad without express written consent of Cérge. All other trademarks not owned by Cérge that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cérge.

10. Indemnification

You agree to indemnify Cérge, its partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including legal' fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defence and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defence and settlement of any matter subject to indemnification by you.

11. Warranty disclaimer

The Services, content, and the Cérge Platforms are provided "as is" and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity of the Services, content or the Cérge Platforms, including without limitation, any incentive, offer, product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services.

Cérge does not warrant that the functionality of the Cérge Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, Cérge does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its Suppliers.

12. Limitation of liability

To the extent permitted by law, in no event will we or any or our officers, employees, agents, consultants and affiliates be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your membership, use of this Service or the Cérge Platforms or any linked site, or any Supplier site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives, are advised of the possibility of such damages, losses or expense.

To the extent permitted by law you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with a dispute with any Supplier, your membership or use of the Cérge Platforms.

13. Assignment

You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

A Member may only assign their rights and obligations under this Agreement, in whole or in part to a Carer in accordance with the terms identified in Clause 1 of this Agreement.

14. Headings

Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

15. Waivers

Any failure to enforce any provision of this Agreement on the part of Cérge will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by Cérge on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

16. Entire Agreement

This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, any earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the Cérge services or continued maintenance of an account with Cérge shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

17. Governing Law

This Agreement, including any amendments thereto that Cérge may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Queensland, Australia.

You submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.