1. About this Website
* Your use of the services, information text, graphics and materials provided via
or on the Brisbane Consulting website ('Material on this Website') is governed by
these Terms of Use and our Privacy Statement. By using this website you agree to
be bound by these Terms of Use.
* In addition to the Terms of Use contained in this document, other terms or conditions
may apply to your use of the Brisbane Consulting website, parts of the Brisbane
Consulting website, or to products and services offered or acquired via the Brisbane
Consulting website. You will be bound by these additional terms or conditions, as
applicable.
2. Links to Other Web sites
* The Brisbane Consulting website may contain links to third party websites. Brisbane
Consulting does not sponsor or endorse the operators or content of any linked websites.
Subject to any applicable law which cannot be excluded, Brisbane Consulting makes
no warranties or representations regarding the quality, accuracy, merchantability
or fitness for purpose of any linked websites, material or products or services.
3. Privacy
* Your privacy is very important to Brisbane Consulting. Please read our Privacy
Policy for details on how we collect and handle your personal information.
4. Standard supplier terms and conditions apply
- All products and services acquired by you via the Brisbane Consulting website are
subject to these Terms of Use and the terms and conditions of supply issued by the
relevant product or service provider or supplier. All products and services are
made subject to the terms and conditions of the relevant product or service provider
or supplier
5. Brisbane Consulting product information and acquisition of products and services
- The Brisbane Consulting website contains both information of a general nature about
Brisbane Consulting and Brisbane Consulting's products and service.
- Where the Brisbane Consulting website enables you to purchase business and consulting
products or services:
- we may enter into a binding contract for the provision of consulting services or
other related products or services through a process in which Brisbane Consulting
makes an electronic offer via the Brisbane Consulting website and you electronically
communicate your acceptance of that offer via the Brisbane Consulting website;
- Brisbane Consulting may act on and process all completed electronic instructions,
messages, requests or communications issued or transmitted to Brisbane Consulting
via the Brisbane Consulting website (each an 'Electronic Instruction') without further
confirmation from or reference to you; and
- Brisbane Consulting may treat an Electronic Instruction as authentic and is under
no obligation to investigate the authenticity or authority of persons issuing or
transmitting such Electronic Instruction, or to verify the accuracy and completeness
of such Electronic Instruction.
- In order to acquire consulting products and services via the Brisbane Consulting
website, you must be at least 18 years of age.
- If payment is made by credit card you must be the credit card holder for any consulting
products and services which you attempt to acquire.
- Creating a binding contract with Brisbane Consuliting Pty Ltd via the Brisbane Consulting
website is a two step process:
- The first step is to create or compile the products or services you wish to acquire.
Upon completion or selection by you of all required products and/or services, the
Brisbane Consulting website will provide you with a quote and availability guide
for the products and services selected.
- If you wish to acquire the business services and consulting products or services
selected then, upon completion by you of all required details, you must accept the
quote and a binding agreement will be created, with a corresponding Brisbane Consulting
payment number.
- When entering into a contract via the Brisbane Consulting website, you will be taken
to have communicated your acceptance to an offer from Brisbane Consulting Pty Ltd
only when:
- the Electronic Instruction containing the acceptance from you enters and is recorded
in the relevant Brisbane Consulting Pty Ltd database;
- a record is created and stored in the relevant Brisbane Consulting database; and
- a Brisbane Consulting purchase number is generated.
- The parties will not be bound by the terms of a contract created via the Brisbane
Consulting website until the Electronic Instruction containing the acceptance from
you to Brisbane Consulting's offer has been received by Brisbane Consulting in the
manner specified in this clause.
- You acknowledge that the transmission of your acceptance through an Electronic Instruction
may not be received by Brisbane Consulting in accordance with this clause for reasons
beyond either parties' reasonable control including, but not limited to, mechanical,
software, computer, telecommunications or electronic failure. You further acknowledge
that, to the extent permitted by law, Brisbane Consulting is not liable to you in
any way for any loss or damage at all and however caused, arising directly or indirectly
in connection with the transmission of an Electronic Instruction through the Brisbane
Consulting website or any failure to receive an Electronic Instruction for whatever
reason.
- Where a transaction is entered into between Brisbane Consulting and you via the
Brisbane Consulting website, a booking number will be issued by Brisbane Consulting.
However, a binding agreement between us is not conditional on the issuance or receipt
by you of a booking number. Therefore, the failure by you to receive a booking number
from Brisbane Consulting does not invalidate or otherwise prejudice the existence
of a contract or transaction entered into using the Brisbane Consulting website.
- Brisbane Consulting may issue a paper confirmation of the products or services acquired
by you. The existence of a binding contract is not conditional on Brisbane Consulting
issuing, or you receiving, a paper confirmation of the transaction.
- You are responsible for ensuring that you receive a purchase number and should contact
Brisbane Consulting if one is not received.
6. Features, packages, programs and information
- The Brisbane Consulting website may contain or make available various tools, packages,
software programs, services, games or other features. The Brisbane Consulting website
may also contain helpful hints, advice, or other information or material.
- Whilst Brisbane Consulting has made every effort to ensure that any such features
or information as described in (1) above are accurate and free from defect, Brisbane
Consulting does not warrant the accuracy, adequacy, correctness or completeness
of these features, which are provided on an "as is" basis. The use by you of any
of these features or any information provided by Brisbane Consulting is entirely
at your own risk.
7. Payments
- All payments for any consulting or related products or services acquired from Brisbane
Consulting must be made in full by clear funds before the order will be processed.
- Unless provided for otherwise, all payments referred to in (1) above may be made
by credit card issued in your name (Visa or Mastercard). You must therefore provide
Brisbane Consulting with all required credit card details. Brisbane Consulting may
securely store your credit card number for security and verification purposes, or
as part of your profile if you request Brisbane Consulting to do so.
8. Prices and invoice errors
- Brisbane Consulting endeavours to ensure that all prices listed on the Brisbane
Consulting website are accurate and up-to-date. However, due to exchange rate fluctuations
or increases in supplier rates, Brisbane Consulting reserves the right, up to and
including the date of departure, to adjust any fees, charges or prices as necessary,
even if the products or services acquired have been paid for in full, to reflect
such cost increases passed onto Brisbane Consulting.
- Brisbane Consulting reserves the right to correct any errors in fees, charges, rates
or prices quoted or billed, even if the products or services acquired have been
paid for in full.
9. Cancellation charges and alterations
- Brisbane Consulting reserves the right to charge you a $30 fee for each alteration
or variation to a consulting product or service once that product or service has
been booked and fully paid for.
- When making a cancellation any balance is held in credit to be used within 12 months
from the date of first purchase.
10. Refunds for unused services
* Brisbane Consulting will not issue you with a refund for services provide which
you have not used or implemented.
11. Lost or destroyed documents
* Unless agreed otherwise, any lost or destroyed documents, files or other materials
can not be replaced or refunded.
12. Variation to products or services
* Due to reasons beyond Brisbane Consulting's control, Brisbane Consulting may be
forced to amend or apurchase, even if the products or services affected have been
confirmed by Brisbane Consulting or paid in full. Brisbane Consulting will notify
you as soon as practicable after Brisbane Consulting becomes aware of the need for
an amendment or alteration to your product or service and will propose alternate
products, services or arrangements which are of the same standard as those originally
purchased. You must, as soon as possible after such notification by Brisbane Consulting
elect to either:
- accept Brisbane Consulting's proposed alternate products, services or arrangements;
or
- receive a refund of all monies paid to Brisbane Consulting for the affected products
or services, except for any amount which is withheld by a product or service provider
other than Brisbane Consulting. Failure to notify Brisbane Consulting of your election
within a reasonable timeframe will be taken as an acceptance of Brisbane Consulting's
proposed alternate products, services or arrangements.
13. Message board facility
- The Brisbane Consulting website may provide a facility whereby you can provide or
otherwise upload your information, content, comments or opinions onto the 'Message
Board' component of the Brisbane Consulting website ('Your Content'). Your Content
will be publicly available to all users of the Brisbane Consulting website. Brisbane
Consulting accepts no responsibility for third party use of your content.
- Your content must not be illegal, misleading or deceptive, offensive, discriminatory,
defamatory, pornographic or of any other category determined to be inappropriate
by Brisbane Consulting. You must own all intellectual property rights in and be
permitted to upload to the Brisbane Consulting website, your content.
- Whilst under no obligation to do so, Brisbane Consulting retains the right to review,
edit, or remove from the Brisbane Consulting website any of your content, in whole
or in part, at any time and without notice to you.
- By uploading your content to the Brisbane Consulting website, you grant Brisbane
Consulting a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license
to use, republish and modify your content, including the right to sub-licence your
content, in connection with the products or services of, or promotional activities
of, Brisbane Consulting and its related bodies corporate, including but not limited
to use in any newsletters or publications of Brisbane Consulting.
14. Warranties
* Whilst every effort has been made to ensure that information is free from error,
Brisbane Consulting does not warrant the accuracy, adequacy or completeness of Material
on this website. All information is subject to change without notice. Brisbane Consulting
does not guarantee that the Brisbane Consulting website or any third party websites
will be free from viruses, or that access to the Brisbane Consulting website will
be uninterrupted. All terms implied by law, except those which can not be lawfully
excluded, are excluded.
15. Limitation of Liability
* Subject to any responsibilities implied by law and which cannot be excluded, Brisbane
Consulting, and its directors, employees, agents and contractors, are not liable
to you for any losses, damages, liabilities, claims and expenses (including but
not limited to legal costs and defence or settlement costs) whatsoever, whether
direct, indirect or consequential, arising out of or referable to the services provided
by Brisbane Consulting through the Brisbane Consulting website, any Material on
this website, any third party material, or from access to the Brisbane Consulting
website by you, howsoever caused, whether in contract, tort including negligence,
statute or otherwise.
* The liability of Brisbane Consulting for breach of a condition or warranty implied
by law, and which cannot be excluded, is limited, to the extent possible and at
Brisbane Consulting's option, to the supply of the goods or services again, the
repair of the goods, or the payment of the cost of having the goods or services
supplied again or repaired.
16. Indemnity
* You indemnify and hold harmless Brisbane Consulting in respect of all liability
incurred by Brisbane Consulting for any loss, damage, cost or expense, howsoever
caused, suffered or incurred by Brisbane Consulting as a result of your breach of
these website Terms of Use, or your use of the Brisbane Consulting website or any
Material on this website.
17. Availability of the Brisbane Consulting website
* As electronic services are subject to interruption or breakdown, access to the
Brisbane Consulting website is offered on an "as is" and "as available" basis only.
* You are responsible for ensuring that you have alternate contingency plans in
place to enable you to conduct travel or other transactions by other means should
the Brisbane Consulting website be unavailable.
* Brisbane Consulting may impose limits or restrictions on the use you may make
of the Brisbane Consulting website. Brisbane Consulting may withdraw the Brisbane
Consulting website at any time and without notice to you.
18. Copyright and trade marks
* Copyright in the Material on this website is owned or licensed by Brisbane Consulting.
* Except where necessary for and incidental to viewing the Material on this website
via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other
applicable laws, no Material on this website may be copied, reproduced, stored in
an electronic or other retrieval system, adapted, uploaded to a third party location,
framed, performed in public or transmitted in any form by any process whatsoever
without the specific written consent of Brisbane Consulting.
* Third party trade marks are trade marks of the respective third parties.
19. Use of the Brisbane Consulting website
* You must not:
- use any robot, spider, other automatic device or manual process to monitor, copy
or extract any web pages on the Brisbane Consulting website, or any of the content
contained within, without Brisbane Consulting's prior written permission;
- use any device, software or routine to interfere or attempt to interfere with the
proper working of the Brisbane Consulting website or any transaction or process
being conducted on or through it;
- take any action that imposes an unreasonable or disproportionately large load on
the infrastructure of the Brisbane Consulting website; or
- reverse engineer, reverse assemble or otherwise attempt to discover source code
or other arithmetical formula in respect of the software underlying the infrastructure
and processes associated with the Brisbane Consulting website.
20. Termination
* These Terms of Use and your access to the Brisbane Consulting website may be terminated
at any time by Brisbane Consulting without notice to you. All restrictions, indemnities
and licences granted by you, and all disclaimers and limitations of liability by
Brisbane Consulting, will survive termination. However, upon termination, you will
no longer be authorised to access the Brisbane Consulting website.
21. Acceptance and changes to Terms of Use
- You acknowledge and accept that your use of the Brisbane Consulting website indicates
your acceptance of these Terms of Use and the Privacy Statement.
- These are the current Terms of Use. They replace any prior terms of use for the
Brisbane Consulting website published on the Brisbane Consulting website to date.
- Brisbane Consulting may at any time vary the Terms of Use by publishing the varied
Terms of Use on the Brisbane Consulting website. Brisbane Consulting is under no
obligation to specifically notify you of any variation to these Terms of Use. You
accept that by publishing the varied Terms of Use on the Brisbane Consulting Website,
that Brisbane Consulting has provided you with sufficient notice of the variation.
By your use of the Brisbane Consulting website after any variation, you are taken
to have accepted and assented to the new Terms of Use.
22. General
- All prices listed on the Brisbane Consulting website are in New Zealand dollars,
unless otherwise indicated.
- This agreement, the Brisbane Consulting website, and the acquisition of products
and services via the Brisbane Consulting website, are governed by the laws of New
Zealand.
- You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand,
and courts of appeal from them, for determining any dispute concerning this agreement,
the Brisbane Consulting website, or the acquisition of products and services via
the Brisbane Consulting website.
- You irrevocably waive any objection to the venue of any legal process on the basis
that the process has been brought in an inconvenient forum.
- Should any clause or part thereof of these Terms of Use be found to be void, unenforceable
or invalid, then it is severed from this agreement, leaving the remainder in full
force and effect, provided that the severance has not altered the basic nature of
this agreement.
23. Linking to Brisbane Consulting
* Please contact us if you would like to link to any part of the Brisbane Consulting
website.