Terms & Conditions
Your access to and use of this website (Site) is governed by these terms and conditions (Terms) and any applicable laws. By accessing the Site you accept and agree to be bound by, without limitation or qualification, the Terms. If you do not agree with and accept the Terms in their entirety, do not access or otherwise use this Site.
1 This Site
1.1 Andrews Accountants (Andrews Accountants or we, us, our) controls this Site.
1.2 If you have any questions about the Site or the Terms, please contact firstname.lastname@example.org
2 Intellectual Property
2.1 All of the content of this Site, including without limitation all text, graphics, images, software, audio, video, information and any other materials on this Site (Content) and the arrangement of the Content are the copyright of Andrews Accountants.
2.2 Nothing contained on the Site is intended or shall be construed as granting any express or implied right to you, and you must not, use or exploit any patent, copyright, trade mark, trade secret or other intellectual property within the Content or on the Site.
3 Your Rights and Obligations
3.1 Andrews Accountants grants you the right to view the Content online, or print it for viewing at a later time, for your personal, non- commercial use. You agree you will not, without our prior and express written consent:
(a) download, save, copy or otherwise reproduce (except for printing for viewing at a later time as set out above) the Content; or
(b) modify, edit, alter or remove any Content; or
(c) publish, sell or let the Content including but not limited to making the Content available on any other website; or
(d) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site; or
(e) create any links from any other website to this Site or to any Content, including, without limitation, deep links or any link or otherwise that results in the framing of this Site on or within any other website; or
(f) use any material, information or Content on the Site for any commercial purpose.
4 No Professional Advice
4.1 This Site and the Content is provided for information purposes only. It is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation.
You should not rely on the Site or the Content as your exclusive or primary source of information. You should not use the Site or the Content to replace advice given by a qualified professional. No responsibility can be accepted for those who act on the Site or the Content without first consulting us and obtain specific advice.
5 Accuracy of Information
5.1 Andrews Accountants has taken care in the preparation of this Site and the Content to ensure balance, completeness, currency and accuracy. However, Andrews Accountants is providing this Site and the Content on an “as is” and “as available” basis. We do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency, decency or continuous supply of any of the Content contained on or distributed through, or linked, downloaded or accessed from this Site (Service) or the results obtained from using the Service.
5.2 Andrews Accountants does not warrant that the Site or the Content or the related server are free from errors, interference, viruses or other harmful applications.
6 Third Party Sites
6.1 Andrews Accountants may link this Site to other websites which are not under the control of, maintained by, associated with, or endorsed by Andrews Accountants (Third Party Site). If we provide a link to a Third Party Site, we provide the link to you only as a matter of convenience and, to the maximum extent permitted by law, Andrews Accountants shall not be responsible for the content, safety or otherwise of any Third Party Site. Your use of links to Third Party Sites, and your use of those Third Party Sites, is entirely at your own risk. No assumption should be made that Andrews Accountants endorses or recommends any products, materials or services displayed or offered on, or which have any connection or affiliation with, any website linked to from this Site, including without limitation any Third Party Site.
7.3 Any communication or material sent by you to the Site by electronic mail or otherwise, including without limitation any data, questions, comments or suggestions, are and will be treated as non-confidential and non-proprietary, except to the extent that any such communication or material or any part therewith comprises PersonalInformation as defined in the Privacy Act 1998 (Cth).
8 Disclaimer of Warranties
8.1 Andrews Accountants does not represent or warrant the quality or reliability of any goods, services, information about any goods or services, or other materials displayed, purchased or obtained by you as a result of you responding to any advertisement or any other Content in or in connection with the Service or this Site.
8.2 Any reliance you place on, or any act done based on or in response to, the Content or the Site will be at your own risk. It is solely your responsibility to ensure that any goods or services purchased as a result of this Site meet your requirements. No responsibility can be accepted for those who act on the Content or the Site without first consulting us and obtaining specific advice. You indemnify Andrews Accountants against any loss or damage of any kind suffered by you in relying on the Content or the Site.
8.3 Andrews Accountants reserves the right at its sole discretion to, without notice, make any correction, improvements to or to withdraw or correct any error or omission in any part of the Site, the Service or the Content and any products or services referred to therein.
8.4 Andrews Accountants will not be responsible or liable, and gives no warranties, for or in respect of the Site, the Services or any Content, whether posted, provided or authored by Andrews Accountants or by third parties, which is defamatory, obscene, inaccurate, misleading, unlawful, pornographic or which in any way infringes a third party’s rights, including but not limited to intellectual property rights.
9 Limitation of Liability
9.1 Subject to any condition, warranty or right implied by law which cannot by law be excluded by agreement:
(a) Andrews Accountants gives no warranties, and you have no other rights, apart from those, if any, expressly set out in these Terms and in any express written warranties provided by Andrews Accountants to you; and
(b) all implied conditions, warranties, rights and terms are excluded.
9.2 Where any condition, warranty or right is implied by law and cannot be excluded, Andrews Accountants limits its liability for breach of, or other act contrary to, that implied condition, warranty or right either as provided under section 68A of the Trade Practices Act 1974 (Cth) or, otherwise to the extent permitted by law.
9.3 Subject to the provisions of 9.1 and 9.2, and despite any implication arising from any other provisions of these Terms, Andrews Accountants is not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of, any:
(a) direct, indirect, incidental, special or consequential loss, damage or damages; or
(b) loss of profits, sales, turnover, reputation (or damage to it), production, anticipated savings, goodwill, business opportunities, customers, software data or systems (or loss of use of any software, data or systems); in each case, whether of a direct, indirect, incidental, special or consequential nature, suffered or incurred by you or any other person and arising out of any breach or other act or omission in connection with these Terms, your use of the Site, the Services or the Content, including but not limited to if caused by any computer virus including a virus passed from the Site to your computer or any third party computer, or loss of online connection to the Site, the Service or the Content, or interruption to access to Site, the Services or the Content.
10.1 Andrews Accountants may terminate your access to all or any part of the Site, the Service or the Content and any related service(s) immediately if you commit a breach of any of these Terms or otherwise upon notice.
11 Modification to Terms
11.1 At any time and at its absolute discretion Andrews Accountants may amend these Terms and any other of its policies relating to the Site, the Content or the Service, and reserves the right to do so without notice. Such amendments will be effective upon their posting on the Site or as otherwise notified. You are responsible for regularly reviewing these Terms. Continued use of this Site after any such amendment shall constitute your consent to such amendment.
12.1 These Terms are governed by the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.
12.2 If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect as if these Terms had been drafted with the invalid or unenforceable portion eliminated.
12.3 These Terms record the entire agreement between you and Andrews Accountants and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of the Terms, with the exception of any other express written agreement between you and Andrews Accountants entered into by you as, or in anticipation of becoming, a client of Lumina.
© 2009 Andrews Accountants. All rights reserved.