TERMS OF USE

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1. Using our Site: We grant you a non-transferable, non-exclusive, revocable, royalty-free and worldwide licence to use our Site in accordance with these Terms.  Any other uses are strictly prohibited unless we provide prior, written consent.

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2.  Disclaimer: Information on our Site is subject to change at any time and without notice. In accordance with Australian Consumer Law, these Terms do not limit or exclude any rights, guarantees, warranties or conditions that you are entitled to by law that cannot be limited or excluded. Beyond this, to the extent permitted by law, all guarantees, warranties, terms and conditions are hereby excluded in relation to the accuracy, performance, completeness and suitability of the content and products offered or found on this website. 

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Content on our Site is for general information purposes only. It is not to be construed as legal advice nor does it take your specific circumstances or needs into consideration. Before acting on any content, it is recommended that you seek legal advice pertaining to your specific situation.  

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We make our website available to you, however, you use it at your own risk. We do not make any warranties or guarantees nor do we accept any liability for damage or loss you may incur as a result of (without limitation):

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• Out-of-date or unsuitable content on our Site or on third-party websites and materials. 

• Transmission interruptions or any malware that may be transmitted through or to our Site, including third-party links. 

• Mistakes; inaccuracies; defects; viruses; failures; errors; stolen, lost, altered or misused data; unlawful conduct by third-party websites; or interruptions.

• The use of our Site by you or another person.

• Unauthorised access to data or information collected by us. 

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You indemnify us against and from any suits, demands, claims, actions, liabilities, expenses and costs resulting from using our Site.

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We may at any time discontinue using our Site, in whole or in part, without notice.

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3.  User Content: You may be granted access to post, publish or submit content on our Site. By doing so, you provide us with a transferrable, non-exclusive, revocable, royalty-free and worldwide licence to use, copy, modify, distribute, publicly display and otherwise use such User Content by means of our Site. 

 

We do not approve or endorse any User Content, nor are we responsible for it. We may choose to remove User Content at any time and without notice.

 

4.  User Conduct: Unlawful conduct is prohibited on our Site. This includes actions we would consider to be inappropriate or may bring our brand or Site into disrepute. This includes but is not limited to:

 

• Breaching an individual’s privacy or legal rights.

• Interfering with a user of our Site or attempting to modify or tamper our Site in any way. This includes but is not limited to knowingly disabling features, transmitting viruses, piracy or any other actions that may interfere or damage our Site. 

• Using our Site to threaten, defame, harass or offend any person or send unsolicited messages. 

• Assisting, facilitating or acting as an accomplice for a third party to do any of the above.

 

Competitors of our business are prohibited from using our content or Site in any way that competes with our business or brings our brand into disrepute. 

 

We reserve the right to exclude any person from using our Site at our discretion. 

 

5.  Intellectual Property: Materials on this Site are owned by or licenced to us. This includes (without limitation), content, products, design, layout, graphics and appearance. Using our Site does not give you any rights in relation to our content, its components or our Site. 

 

Unless we state otherwise:

• all rights to the Site and its content are reserved to us. 

• you are prohibited from using or copying content, in whole or in part.

• you are prohibited from reproducing, distributing, publishing, selling or circulating any paid content to a third party.

 

Sharing our freely available content via social media or another website is permitted providing attribution is provided, including a link to our website or social media channels. This does not extend to our paid products. Sharing of our eCommerce products is strictly prohibited.

 

6. Third-party websites: This Site contains links to other websites owned and operated by third-party providers. We in no way, control, sponsor, approve or endorse any third-party websites or any content published on their respective or related websites. 

 

7.  Termination: These Terms may be terminated at any time by us and without notice. If this occurs, all limitations of liability and disclaimers will survive.

 

8.  Dispute resolution: If you have an issue in relation to these Terms or our Site, we respectfully request that you contact us in the first instance in writing using the contact details provided at the bottom of the page. Please provide details about your dispute and propose a resolution. A response will be provided to you within 14 working days upon receipt of your correspondence and practical efforts made to reach a resolution.

 

In the event the dispute is unable to be resolved, either party may provide notice in writing to refer the matter to litigation. 

 

9.  Severance: If these Terms, in part or in whole, are found to be unenforceable by a Court, void or invalid, that provision will be severed. The remainder of the Terms will remain in place.  

 

10.  Jurisdiction: We are based in Queensland and therefore these Terms are governed by the laws of this state. Any disputes arising from these Terms or our Site will be subject exclusively to the Queensland courts and their jurisdiction. By using this Site, you understand and agree to this, waiving your right to object to proceedings being brought in those courts, including any appeals. 

 

If you are accessing our Site from outside of Australia, you do so at your own risk. We are not liable for ensuring that our Site complies with the laws of any country outside of Australia and make no such representation. 

 

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Please direct any questions or correspondence to:

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Jensen & Co Lawyers

Postal Address: PO Box 3185, Toowoomba Qld 4350

Email: info@jensenlawyers.com.au

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Last update: 15 May 2021

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