Terms of Use

Thank you for visiting our website. The Our Guard website is operated by Picnic Services Pty Ltd ACN 638 145 418 ("Picnic Services"), an Authorised Representative (AR No. 1300248) of Picnic Licensing Pty Ltd (AFSL No. 532540).

Any advice provided about Our Guard's products is of a general nature only and does not take into account your personal circumstances. Please read the relevant Product Disclosure Statement (PDS) and Financial Services Guide (FSG) to see if a product is right for you.

In these Terms of Use, "our website" refers to all information, services, text, graphics and other data contained under the domain name https://ourguard.com.au; "we", "our" and "us" refers to Our Guard and its related entities; and "you" or "your" refers to the person accessing our website.

We grant you a non-transferable, non-exclusive, worldwide, royalty-free, revocable licence to use our website in accordance with these Terms of Use. All other uses of this website are prohibited unless you have received our prior written consent.

Acknowledgement

Your access and use of our website acknowledges your acceptance of, and agreement to, these Terms of Use and our Privacy Policy. Any failure or partial failure by us to exercise any right, power or remedy under these Terms of Use shall not operate as a waiver of our rights. These are the current Terms of Use and replace any other Terms of Use previously published on our website.

Unless otherwise indicated, Picnic Services owns or licences all rights, title and interest (including intellectual property rights) in this website. Your use of our website does not grant or transfer any rights, title or interest in relation to the intellectual property or our website to you.

You must not:

Copy or use, in whole or in part, our website;
Copy, transmit, distribute, disseminate, sell, publish or broadcast our website to any third party; or
Breach any intellectual property rights connected with our website.

You must not (and must not attempt to) engage in any conduct that is in breach of any law, or which may reasonably bring Our Guard, Our Guard Management or their suppliers into disrepute. This includes but is not limited to:

Using information obtained from our website for any unlawful purpose, to transmit or authorise the transmission of junk mail, chain letters or unsolicited emails, or otherwise engaging in harassment or inappropriate conduct; or
Interfering with, disrupting, or otherwise wilfully influencing the operation of this website, or any server or network underlying the website, or anyone else's use and enjoyment of the website.

Variation

Our Terms of Use may be varied at any time without notice (where permitted by law) for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our website, by publishing the varied Terms of Use on our website.

We will indicate on our website that these Terms of Use have changed; however, we are under no obligation to specifically contact or notify you of any variation. By your use of our website after any variation, you are taken to have accepted the new Terms of Use.

Privacy

The privacy and security of our customers is extremely important to us. We are committed to protecting the privacy of the personal information we hold and to handling it in a secure and responsible manner.

Our website will record and track your use of our website, and certain data items will be collected and used by us. Please read our Privacy Policy, located on this website, which explains how we collect, store and use certain information provided to us.

Disclaimer and warranty

The materials on our website are provided on an "as is" basis and, to the fullest extent permitted by law, Picnic Services and Our Guard hereby disclaim all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

While all reasonable efforts will be made to ensure the content on the website is correct, neither Picnic Services nor Our Guard warrants, guarantees or makes any representations concerning the accuracy, likely results, or reliability of the materials on our website or on any sites linked to it.

Neither Our Guard nor Picnic Services warrants, guarantees or makes any representations that the website is free of viruses or other harmful components. Your use of the website is at your own risk and you are solely responsible for that use.

The materials on the website should not be considered a comprehensive statement on any matter, nor do they constitute financial, legal or tax advice. You should seek appropriate professional advice before making any financial decisions. In preparing this website and its contents, neither Picnic Services nor Our Guard has taken into account your objectives, financial situation or needs.

Limitations

In no event does Our Guard, Picnic Services or their suppliers assume any responsibility for, nor shall they be liable for, any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our website — including where the website is temporarily unavailable due to technical issues or causes beyond their reasonable control — even if any of them has been notified orally or in writing of the possibility of such damage.

You agree that your use of the website is entirely at your own risk and, to the fullest extent permitted by law, you release and hold harmless Our Guard, Picnic Services and their suppliers from liability for any damages. Because some jurisdictions do not allow limitations on implied warranties or liability for consequential or incidental damages, these limitations may not apply to you.

Termination

These Terms of Use have effect until they are terminated by us. We may terminate them and your access at any time without notice, and may exclude any person from using our website at our sole discretion. We may also discontinue our website, in whole or in part, at any time and without notice. All limitations and restrictions in these Terms of Use will survive any such termination, discontinuance or exclusion. We are not responsible for any loss, liability or damage that any person suffers as a result of or in connection with any such discontinuance or exclusion.

Waiver and severability

Any failure on our part to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable:

The provision must be read down in whole or in part, as necessary to ensure it is held to be valid, legal and enforceable; and
If it is not possible to read down a provision, that provision or any part of it is severed from these Terms of Use, and the validity, legality or enforceability of the remainder of the Terms of Use are not affected.

Miscellaneous

A reference to "you" includes your successors, executors, administrators, representatives (including legal representatives), and permitted substitutes or assigns. You warrant that these Terms of Use constitute a legally binding obligation on you. You may not assign these Terms of Use. Nothing in these Terms of Use shall create any relationship between you and us including, without limitation, any partnership, agency, employment or joint venture. We may at any time assign our rights and obligations set out in these Terms of Use or elsewhere on the website.

Governing law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of that State.

Contact us

If you have any concerns, questions or feedback in relation to these Terms of Use or our website, please contact us at hello@ourguard.com.au.