General Site Usage
Consulting WorX Pty Ltd
Site Use Terms and Conditions
Welcome to www.consultingworx.com.au
This Site is owned and operated by Consulting WorX Pty Ltd. Your access and use of this Site is regulated by these Terms and Conditions. Please read these Terms and Conditions before using the Site.
By using the Site, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them. If You do not agree to these Terms and Conditions You should leave this Site immediately.
These Terms and Conditions are subject to change. Each time You log onto the Site You must ensure that You read and understand any changes to these Terms and Conditions.
1. Availability
1.1 Consulting WorX does not represent or warrant that the Site will be accessible or available on a timely basis, or that access to the Site will be uninterrupted or error free. Nothing in these Terms and Conditions obliges Consulting WorX to continue operating all or any part of the Site. Consulting WorX may modify or close down the Site (or part of it) at any time without any liability on its part.
2. Privacy
2.1 Consulting WorX will use its reasonable endeavours to keep confidential any information provided by You via the Site, and will not deliberately disclose any such information to any third parties without Your prior authorisation. Notwithstanding the previous sentence, Consulting WorX may provide aggregate demographic and other information to third parties, provided that such information has been opted in and agreed by You. Please refer to the Site Privacy Policy for further information.
3. Security
3.1 Information sent by You to us through this Site is not encrypted. You acknowledge that Consulting WorX does not guarantee the security of the content of any such information, and it is entirely Your responsibility to satisfy Yourself as to whether Consulting WorX’s security measures are sufficient for Your requirements.
3.2 You warrant that You will not use the Site for any illegal activity or unsolicited contact with other users of the Site.
4. Security
4.1 You acknowledge that any information You place on the public areas of the Site including the Consulting WorX Community page will be considered as public information accessible to all users of the Site.
4.2 You agree that You will use the Community page in a considerate manner and will ensure that the language You use is professional and respectful of all Site users.
4.3 Consulting WorX reserves the right to edit or delete information placed on the Site by You if it considers the information defamatory, malicious or not useful for the purposes of the Site.
5. Links to Third Party Sites
5.1 This Site may contain links to other websites maintained by third parties. Consulting WorX does not make any representation as to the accuracy or suitability of any information contained on those other websites, and does not accept any responsibility or liability for the conduct of those third parties or content of those other websites.
5.2 If this Site contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other websites where goods or services are advertised, the placement of such advertisements on this Site does not constitute the recommendation or endorsement by Consulting WorX of any goods or services advertised by the third party. The third party advertiser is solely responsible to You for any representations or offers made by it, and for any goods or services which You agree to purchase from those third parties.
6. Viruses
6.1 Consulting WorX does not warrant that any data (including any file) obtained through this Site is free from computer viruses or other faults or defects. It is Your responsibility to ensure that You use appropriate virus scanning software. Consulting WorX will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Site.
6.2 You warrant that You will not post any form of virus or other forms of malicious programs on the Site at any time.
7. Cookies
7.1 Consulting WorX uses “cookies” at some places on the Site in order to identify You from other users each time You visit us. A cookie is a text file with a unique anonymous number that is placed on Your hard disk by a web page server. It contains information which helps Consulting WorX to identify You each time You visit our website by maintaining specific information such as Your site preferences. Cookies cannot be used to run programs or deliver viruses to Your computer. Cookies are uniquely assigned to You, and can only be read by a web server in the domain that issued the cookie to You.
7.2 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies if You prefer. If You choose to decline cookies, You may not be able to fully experience the interactive features of the Consulting WorX services or websites You visit. Web browsers also provide the option of disabling Cookies. Please consult the instructions of Your browser for information on how to disable cookies.
8. Intellectual Property
8.1 Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained in this Site is owned by Consulting WorX Pty Ltd, having all its rights reserved.
8.2 Except as required for the purpose of using this Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, You must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of this Site without Consulting WorX’s prior written consent.
8.3 You must not use any trade marks, service marks or logos which appear or are used on this Site, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
8.4 You must not create a link to any part of this Site (other than solely for your own personal domestic purposes) without Consulting WorX’s prior written consent.
8.5 Any misuse of information from the Site will be considered an abuse of the Site privileges and may lead to immediate termination of Your access including enforcing Consulting WorX’s intellectual property rights in a court of law.
8.6 You hereby undertake to indemnify Consulting WorX for breach of any copyright infringement or breach of any other intellectual property right caused by You or persons within Your control.
9. Disclaimer
9.1 Consulting WorX makes no representation regarding any individual, company, business or third party referred to or connected with the Site.
9.2 Consulting WorX will attempt to ensure that the information provided on the Site is correct, however, it cannot guarantee its reliability, accuracy or completeness. The information provided on the Site should not be considered advice of any nature. Such information is provided on an "as is" basis, without warranties of any kind, either express or implied.
9.3 In no event shall Consulting WorX, its officers, employees, agents, contractors or agents be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to, Your use or non-use of the Site, or your reliance upon information contained on the Site. Without limitation, Consulting WorX, its officers, employees, agents, contractors or agents will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:
9.3.1 failure to receive any electronic message from You or any other person using the Site, or any corruption of any such message;
9.3.2 inaccuracy of any information contained on the Site;
9.3.3 action taken by You as a result of information contained on the Site;
9.3.4 temporary or permanent unavailability of the Site;
9.3.5 interception of, or any other unauthorised dealing with, any electronic message sent by You or any other person using the Site;
9.3.6 defect in, or problem with, any computer system or communication link;
9.3.7 delays in electronic communication; or
9.3.8 unavailability of, or defect in, any products/services advertised on the Site.
9.4 The Site may experience interruption and You may have access difficulties form time to time. Consulting WorX excludes all liability for the periods You are unable to access the Site.
9.5 The above does not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred on you, or implied by the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited to whichever we see fit to provide of:
(i) in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
(ii) in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
10. Indemnity
10.1 You agree to indemnify and keep indemnified Consulting WorX, its officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which each or any of them may suffer or incur as a direct or indirect result of your willful or negligent act or omission with regard to the Site (or any part of its content and functions) or your breach of these Terms and Conditions.
10.2 This indemnity is a continuing indemnity and survives termination of Your access to the Site.
11. Termination
11.1 Consulting WorX may terminate Your ability to access and use the Site at any time without notice and without any liability. Any indemnities given by you and limitations on Consulting WorX, its officers, employees, agents and contractors’ liability will survive such termination.
12. Compliance with Laws
12.1 You must comply with all applicable laws, regulations, and codes in relation to your access to, or use of the Site.
13. General
13.1 A right relating to these Terms and Conditions may only be waived by Consulting WorX in writing. A failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Consulting WorX in writing.
13.2 If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.
13.3 These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in the State of New South Wales Australia, and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State.
