Website terms of use

Last updated on April 15th, 2019

Overview

By accessing this website, you are agreeing that these terms of use (Terms) listed below and any other laws or regulations will apply to you. If you do not accept these Terms, you must not use this website. We reserve the right to change these terms and conditions at any time. Any changes will be effective immediately. You use of this website after any changes to the Terms are publish, indicates your agreement to those new Terms.

The Phocus Group Pty Ltd operates this website.

Prohibited conduct

You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site:

  • unless you hold all necessary rights, licences and consents to do so;
  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist another person to do any of the above acts.

Information

The contents of this site for general information only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the information, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites

This website may contain links to other websites. We have no direct control over the content presented in those websites or the availability of those websites. Any information on a linked website is provided ‘As Is’.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Delays and outages

We are not responsible for any delays or interruptions to the Site.To minimise delays and interruptions, we make commercially reasonable efforts. We cannot warrant that the Site will be available at all times or at any given time.

Exclusion of competitors

You will not use our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

Limitation of liability

We will not liable for any loss or damage, however caused (including, but not limited to, by our negligence) suffered by you in connection with these terms of use or your use of this website.

Indemnity

You agree to indemnify us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the law.

Jurisdiction

If a dispute arises regarding these Terms, the laws of Queensland, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Termination

We may stop providing this website or any of our services at any time and without notice.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the dispute cannot be resolved within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If any part of these Terms is found to be invalid, illegal, or unenforceable, it will not affect any other provision of these Terms. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and these Terms shall be enforced as if these Terms did not contain the invalid, illegal, or unenforceable provision.

Contact information

Questions about these Terms of Service should be sent to [email protected].

For any questions and notices, please contact us at:

[insert Company Name and ACN or ABN, or Sole Trader name and ABN, plus Business Name (where applicable)]

Email: [insert email]