Terms of Services
Website — Terms of Use
1. Welcome to our Website. This Website is owned and operated by Entrepreneur Know How Pty Ltd (ACN 633 062 932) who is referred to in these Terms of Use as “We”, “Us”, “Our” and similar grammatical forms.
Your Consent
2. The Website is available for you to access, conditional on your acceptance without alteration of the Terms of Use. By continuing to use the Website you are agree and consent to these Terms of Use.
Content
3. The information presented in this Website is of a general nature and does not purport to be complete. The Website might contain statements about products or services; market and industry trends and results, which are based on interpretations of current market conditions and Our experiences, at the time of publication.
4. We cannot give any representation or warranty, express or implied, as to the accuracy or completeness of the information or that the information will be adequate for your situation, or will be updated regularly, or that the information can be used or be fit for any particular purpose.
Links to other Websites
5. This Website might contain information published by third parties or links to other sites owned and operated by third parties and which are not under Our control. If third parties publish information on Our Website, We do not assume a duty of care to those third parties, or Users of Our Website.
6. We might also provide the links to other sites as a convenience to you. The existence of a link to other sites does not imply any endorsement by Us of the contents of the linked site and nor are we responsible for the material contained on those linked sites.
7. We may remove any material or information, including but not limited to links to other sites, at any time without giving any explanation or justification for removing the material or information
Use of material on the Website
8. The material provided on the Website is provided for personal, non-commercial use only. You may download material from the Website for your personal non-commercial use, provided you do not remove any copyright and trade mark notices contained on the material.
9. Unless you obtain Our prior written consent, you are prohibited from:
a. Dealing; copying; reproducing; altering; modifying; re-selling or re-distributing the material; software; layout or code that is on this Website;
b. Storing any material in any storage media;
c. Re-transmitting the material in any media or medium of communication;
d. Uploading; reposting or providing backlinks to any other site on the Internet;
e. Reframing the material on the Website with other material on any other site.
Uploading information
10. You represent and warrant in relation to any material or information you provide to Us via the Website that you are authorised to provide that information and the information is correct; not defamatory or false and does not constitute “passing off” or infringe on the rights of any person; corporation or law.
11. If you upload any material that includes any third party intellectual property rights onto the Website, you are granting Us a perpetual, non-exclusive and payment-free licence throughout the world to reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and allow Us to sub-licence to others the same rights granted to Us.
Use of personal information gathered
12. We and any people or legal entities authorised by Us may gather and process information, such as your name, address, e-mail address and other personal information, which you provide when using Our Website or which is acquired through the use of “cookies” delivered to your computer when you access Our Website. We may authorise others to offer you goods and services using the information acquired, by using Our Website.
13. We will comply with the Australian Privacy legislation and our Privacy Policy in respect to Our collection, storage and use of your personal information. Please refer to Our Privacy Policy annexed to our Website.
Intellectual property rights
14. All logos, icons, trade marks, service marks, brand names or service names that identify the owner and operator of this Website and the material on the Website, is Our intellectual property, in which we hold the copyright, unless otherwise stated. Any unauthorized use of this Website may violate Our intellectual property rights and could result in criminal or civil penalties.
Termination of Use
15. We may terminate your use of the Website at any time without giving any explanation or justification for the termination of access, and We have no liability for any costs, losses or damages of any kind arising as a consequence of terminating your use of the Website.
Disclaimers
16. You may use Our materials to assist You in considering whether or not to proceed with various decisions You are considering, but it should not be the only matter You consider, nor should the information on the Website be considered advice as to whether or not to proceed with any particular option. Before acting on th e information provided by Us, we strongly recommend that you seek professional advice and consider the appropriateness of the information, and the products or services offered by Us, having regard to Your own objectives, situation and needs.
17. The colour, texture and appearance of products on this Website are indicative only. The raw materials used to manufacture the products are subject to variations. We do not represent, warrant or guarantee that the colour, texture or appearance of any product that we supply will match the selections in any customer order or match the appearance on this Website. If you have any concerns relating to the appearance of the product You should discuss this with Us before purchase.
18. Any prices listed on the Website, or set out in a proposal, quotation or other promotional material might be subject to variation at any time, if the information, specifications, the costs of raw materials and manufacture or any other factor that we based the price, estimate or quote upon, changes. .
19. Any time-lines on this Website, in proposals or other material are estimated only, based upon similar projects that We have undertaken. The time-lines are subject to change, as a result of further information that We receive; any delay from suppliers, manufacturers, deliveries; your own schedules and any other matters that might cause delays.
20. Any “forward-looking statements”, which are generally identified by words such as, “expect”, “should”, “could”, “may”, “predict”, “plan”, “will”, “believe”, “forecast”, “estimate”, “target” and expressions of performance are based on assumptions and contingencies which are subject to change without notice and as such are provided as a general guide only and should not be relied upon as an indication or guarantee of performance. We disclaim any intent or obligation to update any forward-looking statements, whether as a result of new information, future events or results or otherwise. Further, where there are references to past performances, this is not indicative of future performance as each situation may be different.
Limit of Liability
21. To the maximum extent permitted by law, We and Our related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) and the officers, employees, advisers and agents of those entities disclaim all and any guarantees, undertakings and warranties, expressed or implied, and are not responsible or liable for any cost, loss or damage of any kind, whether direct or indirect (including human or computer error, negligence, or actual, incidental or consequential loss or damage) arising out of, or in connection with:
a. Any use, download or reliance on the information or material on the Website or use of the Website;
b. Acting, or failing to act, on any information or material contained on or referred to on the Website or any of the linked sites;
c. Any errors or omissions or the accuracy, reliability or timeliness or otherwise, of the information or material contained or referred to on the Website or on any linked sites on the Internet;
d. Using or acquiring, or any interruptions or inability to use or acquire, any service or product contained or referred to on the Website or any linked sites;
e. The merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked sites;
f. Any material or information supplied by you in respect to this Website;
g. Any defamatory, offensive or illegal conduct of any user of the Website;
h. That the Website, or the server that makes the site available on the Internet are free of software viruses and the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and errors and defects in the Website will be corrected.
Use at your own risk
22. You use this Website at your own risk and accept the full cost of any necessary repair, correction and maintenance of your computer, software or hardware, which may be necessary as a consequence of using this Website or any information or material on the Website.
Indemnity
23. You indemnify and keep indemnified Us and Our related bodies corporate; respective officers, employees, advisors and agents (“Those Indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by Those Indemnified arising from any claim, demand, suit, action or proceeding where such loss or liability arose out of, or is in connection with any breach of these Terms of Use by you.
Alteration of Terms of Access and Terms of Use
24. We reserve the right to change these Terms of Use, without further notice to you and without giving you any explanation or justification for such change.
Severable terms
25. If any part of these Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
Jurisdiction
26. These Terms of Use will be governed by and interpreted in accordance with the law of New South Wales, Australia. You agree to the jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of these Terms of Use.
