2. Acceptance and Variation of Terms

Your permission to access and use our Online Services is conditional upon you agreeing to the terms and conditions set out below, including the Online Consultation Terms (Terms). You must read these Terms carefully.

By visiting or using our Site or accessing or using any part of our Online Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not access or use any part of our Online Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Online Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Online Services at any time, without liability or further notice to you. Your continued use of our Online Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

3.Acceptable Use

You agree that you are only authorised to use our Online Services for your own personal use and for the following activities:

(a) accessing and using our Online Services; and

(b) any other purpose which we make known to you.

Unless otherwise approved by us, you must not use our Online Services:

(c) to provide advice (financial, legal or otherwise); or

(d) for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.

Your access and use of our Online Services are subject to these Terms and any other terms and conditions of use that appear on our Online Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click and accept end user licence terms, together with privacy policy terms and acceptable use standards.

You agree not to use our Online Services to do any of the following:

(e) distribute malware or viruses;

(f) send unsolicited communications, promotions or advertisements (commonly referred to as spam);

(g) send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;

(h) send anything that is fraudulent, misleading, or infringes a third party’s rights;

(i) impersonate or misrepresent your affiliation with any person or entity; or

(j) breach any law, violate the privacy of a third party, or defame a third party.

4. Use of our Online Services

In order to access and use our Online Services, we may require you to:

(a) create an account with us, which may require you to provide your name, address, and a valid email address (among other information);

(b) verify or re-verify your identity by providing such information and documents which we require.

You consent to us collecting and disclosing your personal information for the above purposes in accordance with our Privacy Policy.

5. Acknowledgements

When creating an account with us, engaging with us, or accessing our Online Services, you acknowledge and agree that:

(a) you will not provide any false personal information and will keep your personal information accurate and up to date; and

(b) we have the right to terminate your access to our Online Services, at any time, in our sole discretion, without prior notice to you.

6. Content for General Information Only

You acknowledge and agree that all text, images, audio recordings, video recordings, interactive media, and other information and content (Content) hosted or made available on or through our Online Services:

(a) is provided for general information or reference purposes only; and

(b) may not be appropriate or correct for any person’s specific personal circumstances;

(c) is not a substitute for formal professional advice (including legal advice) which we recommend you obtain; and

(d) should not be relied upon by you and you warrant you will noy rely upon such information without first seeking appropriate professional advice.

7. Non-Refundable Payments

To the greatest extent permitted by law, subject to anything in these Terms to the contrary, any fees and other monies which you pay to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.

8.No Interference

You agree that you will not:

(a) use our Online Services in any way that could damage our reputation or goodwill;

(b) permit any person to access and use our Online Services other than in accordance with these Terms;

(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Online Services by you or any other person;

(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:

(i) reproduce, make error corrections to or otherwise modify or adapt our Online Services or create any derivative works based upon our Online Services; or

(i) ecompile, disassemble or otherwise reverse engineer our Online Services or permit or facilitate any third party to do so;

(e) when accessing and using our Online Services:

(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Online Services are hosted or operated by a third party, the third party's computing systems and networks;

(ii) attempt to undermine the security or integrity of our computing systems or networks or, where our Online Services are hosted or operated by a third party, the third party's computing systems and networks;

(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission. to access or to the computer system on which our Online Services are hosted or stored;

(iv) transmit, or input into our Online Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);

(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Online Services, except as is strictly necessary to use either of them for normal operation;

(vi) remove or modify any notice of proprietary rights, including those of any third party;

(vii) use any automated processes or means to access our Online Services;

(viii) use any software or manual repetition that will or is likely to interfere with our Online Services; or

(ix) attempt to cause stress or detriment to the proper working of our Online Services.

9. Availability

We may, without notice, suspend all or part of any access to our Online Services immediately at any time, without prior notice to you. We do not warrant that any part of our Online Services is or will be completely error free or free of defects.

You acknowledge and agree that access to our Online Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Online Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Online Services, our hosting and web server (to the extent that we engage third party service providers), and other factors which may impact upon the delivery of our Online Services to you via the Internet.

10. Copyright

Except as expressly stated by us, the information and Content contained within our Online Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

11. Intellectual Property

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Online Services, and any content hosted or made available on or through our Online Services and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

12. Privacy

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Online Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of these Terms, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;

(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;

(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and

(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

13. Third Party Sites and Content

Our Online Services may contain links to third party websites outside our control (Third Party Sites). Our Online Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Online Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

14.Feedback

You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Online Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Online Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.

15.Consequences for Violation

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

(a) take any legal action we may have available against you;

(b) block your use of our Online Services; and

(c) disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

16. Disclaimer

Our Online Services are delivered on an ‘as is’ and ‘as available’ basis, subject to all latent and patent defects (if any). In this context, we do not warrant that our Online Services will be error-free or uninterrupted.

Whilst all due care has been taken in providing our Online Services, to the greatest extent permitted by law:

(a) we make no representations, and we do not give any warranties or make any guarantees, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, whether or not such use or purpose is described by you to us or our representatives prior to these terms taking effect; and

(b) any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.

All due care is taken in ensuring that our Online Services are free of any virus, worm, trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of our Online Services or any third party site.

We undertake to take all due care with any information which you may provide when accessing our Online Services and to preserve such information in a secure manner in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to our Online Services is entirely at your own risk.

We provide no warranty as to the accuracy or currency of information, data, or Content submitted or uploaded to our Online Services by any other person.

Our Online Services may dynamically source content from third party sites and services. We give no warranties and make no guarantees as to the accuracy or currency of any such data, the responsibility for which at all times remains with the relevant third party sites and services.

From time to time, we may host third party Content on our Online Services such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

17. Limitation of liability

You acknowledge and agree that, to the greatest extent permitted by law:

(a) you access and use our Online Services, and any system operated by us at your own risk and expense; and

(b) you are solely liable for your own acts, omissions and negligence and you acknowledge and agree that, to the greatest extent permitted by law, we are not liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) to property or persons as a result of, whether directly or indirectly:

(c) any wilful act, omission or neglect by you, or any other person;

(d) the use, non-use or misuse of our Online Services by you, or any other person;

(e) our Online Services failing, malfunctioning, or not functioning as you expect;

(f) your reliance, or the reliance by any other person, on any Content hosted or made available through our Online Services;

(g) any Loss of funds resulting from malicious attacks against us or our affiliates, including but not limited to, cyber-attacks, hacking, phishing, and fraud;

(h) any infringement of any third party’s IP Rights by you, or any other person; and

(i) any breach of these terms by you, or any other person.

To the greatest extent permitted by law, in no circumstances will our liability exceed the total of all monies paid by you to us immediately before the event or series events giving rise to the relevant claim.

18. Indemnity

To the greatest extent permitted by law, you will at all times indemnify and keep indemnified us and our officers, employees, contractors, agents and representatives from and against any and all Loss
(including legal costs and expenses on an attorney and own client basis) incurred by any of those indemnified or released (as the case may be) arising from any action, claim, demand, suit, or proceeding made or brought by any person against any of those indemnified or released (as the case may be) where such loss arose out of, in connection with, or in respect of:

(a) any wilful act, omission or neglect by you, or any other person;

(b) the use, non-use or misuse of our Online Services by you, or any other person;

(c) our Online Services failing, malfunctioning, or not functioning as you expect;

(d) your reliance, or the reliance by any other person, on any Content hosted or made available through our Online Services; and

(e) any Loss of funds resulting from malicious attacks against us or our affiliates, including but not limited to, cyber-attacks, hacking, phishing, and fraud;

(f) any infringement of any third party’s IP Rights by you, or any other person; and

(g) any breach of these terms by you, or any other person.

19. Release

You release us and our officers, employees, contractors, agents and representatives from all liability in relation to the following matters:

20. Confidentiality

You agree to keep confidential all Content hosted or made available on or through our Online Services (including Content generated by other users). If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at [email protected].

21. Notices and Notifications

We may send or issue notices and other communications to you from time to time by email using the email address provided by you to us.

You consent to receiving notices and communications by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

22. General

22.1 Entire Agreement

These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.

22.2 Jurisdiction

This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.

22.3 Severability

Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.

22.4 Waiver

A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.

23. Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) words of any gender include all genders;

(c) alternate grammatical forms of a defined term have a corresponding meaning;

(d) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;

(e) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;

(f) a reference to two or more persons is to any of them together and each of them individually;

(g) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;

(h) ‘including’ and similar expressions do not limit the generality of any provision of these Terms;

(i) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and

(j) a reference to $ or dollar or $ is to Australian currency; and

(k) headings and table of contents are for ease of reference only and do not affect interpretation.