Terms and conditions of use

Date of last update: 28 February 2018

Introduction 

This is the website of FGS Advisory Pty Ltd A.C.N. 166 190 272 (“we”, “us” and “our”).  These terms and conditions govern your use of our website.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

 

Website not advice

The information provided on our website is intended to serve only as a general overview on matters of interest.  The information is not intended to be comprehensive, or advice.  Whilst we do our best to ensure the content is current and accurate, we cannot guarantee its currency and accuracy.

 

Intellectual property rights

Subject to these terms and conditions:

  • we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
  • all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

Licence to use website

You may:

  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • print pages from our website;
  • stream audio and video files from our website; and
  • use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

Except as expressly permitted by these terms and conditions, you must not download any material from our website or save any such material to your computer.

You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from our website (including republication on another website);
  • sell, rent or sub-licence material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.

 

Acceptable use

You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means; or
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is accurate and complete.

 

Links

Where we provide links to other websites, this is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as the same.

 

Limited warranties

We do not warrant or represent:

  • the completeness or accuracy of the information published on our website;
  • that the material on the website is up to date; or
  • that the website or any service on the website will remain available on an interrupted, secure or error-free basis.

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation.  Save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

To the maximum extent permitted by law, and subject to these terms and conditions, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

Limitations and exclusions of liability

Nothing in these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted by law; or
  • exclude any liabilities that may not be excluded by law.

The limitations and exclusions of liability set out in this section, and elsewhere in these terms and conditions, govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including all liabilities arising in contract, in tort (excluding negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

 

Indemnity

 To the extent permitted by law, you hereby agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this website.

 

Breaches of these terms and conditions

 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  • send you one or more formal warnings;
  • suspend/prohibit your access to our website; and/or
  • commence legal action against you, whether for breach of contract or otherwise.

Where we suspend/prohibit your access to our website or a part of our website, you must not take any action to circumvent such suspension/prohibition.

 

Variation

 We may revise these terms and conditions from time to time, and without notice to you.  When we change these terms and conditions, we will also update the “Date of last update” at the top of these terms and conditions.  You should check this page from time to time to ensure you are familiar with any changes.

 

Assignment

 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

Severability

 If any part of these terms and conditions is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

 

Waiver

Any failure or delay by us to enforce any provision of these terms and conditions will not be interpreted as a waiver of our rights or remedies.

 

Entire agreement

 These terms and conditions, together with privacy policy, constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

Termination

These terms and conditions are effective until terminated by us, which we may do at any time and without notice to you.  Any rights and obligation that have accrued up to and including the date of termination will survive.

 

Law and jurisdiction

 These terms and conditions shall be governed and interpreted by the laws of New South Wales, Australia.  Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia.

 

Contact us

 If you have any questions about these terms and conditions, please contact us by sending us an email at theteam@fgsadvisory.com.au