This Site is operated and owned by My Cairns Concierge. Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.
In these Terms and Conditions the following words and phrases shall have the following meanings, unless the context otherwise requires:
1.1 “Client Terms and Conditions” means the terms and conditions given to each client or potential client of Us setting out the terms and scope of Our engagement by the client for the provision of certain business advisory services;
1.2 “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;
1.3 "Provider Terms and Conditions" means the terms and conditions given to each service provider, or potential service provider of My Cairns Concierge, setting out the terms and scope of the service provider's membership as a preferred service provider to our clients;
1.4 "Site" means the website at the domain “www.mycairnsconcierge.com.au ” which is owned and operated by us;
1.5 Us” means My Cairns Concierge and ‘We’ or ‘Our’ shall be interpreted accordingly;
1.6 "You" means the person or entity that accesses the site;
2.1 Your use of this Site is by non-exclusive license granted by Us strictly in accordance with these Terms and Conditions:
2.2 You acknowledge and agree with Us that You will not, as a result of being granted a non-exclusive license, acquire any rights (including without limitation Intellectual Property Rights) in the Site other than the non-exclusive rights granted in accordance with these Terms and Conditions (if any).
2.3 The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 13 years of age. If you do not qualify, please do not use our services.
2.4 In order to use this Site, you require the equipment and connections necessary to access the World Wide Web.
You are responsible for:
(a) the provision of any such connection or access to the World Wide Web;
(b) the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
(c) the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
2.5 The Site is controlled and operated by Us from Our offices in Australia. We have used our best endeavours to ensure that the Online Service complies with Australian laws, however, the Site may not be appropriate or available for use in locations outside Australia.
3. Use of Site
3.1 In relation to Your use of the Site You must not:
(a) download and store electronically, reproduce, transmit, display, copy, distribute or use any materials contained on the Site;
(b) sub-license, rent, lease, transfer or attempt to assign the rights in the Site to any other person and any dealing in contravention of this sub-clause shall be ineffective;
(c) use the Site except as permitted by these Terms and Conditions;
(d) allow any other person to use the Site other than in accordance with these
Terms and Conditions;
(f) upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another; or
(g) input any material which is subject to Intellectual Property Rights of Us or any third party.
4. System Integrity & User Conduct
4.1 Without limiting Clause 3, You must not use the Site to:
(a) impersonate or otherwise misrepresent Your identity or affiliation with any other person or entity;
(b) input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
(c) input, upload, ost, disclose or transmit any material which is subject to Intellectual Property Rights of Us or any third party or breaches any duty of confidence or contractual obligation owed to Us or any third party;
(d) input, upload, post, disclose or transmit any material that is unlawful or violates any law;
(e) send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
(f) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
(g) conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
(h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(i) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(j) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
(k) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or
(l) breach the Privacy Act 1988 as amended, or the Australian Privacy Principles; (m) contravene or breach any applicable state, Commonwealth or international
law, convention or regulation;
4.2 You acknowledge and agree that You must not:
(a) use the Site for any purpose other than the purpose for which it was designed and intended;
(b) commit or permit any act which may interfere with the use of the Site by any other user;
(c) tamper with, hinder the operation of or make unauthorised modifications to the
Site or any part thereof;
(d) damage or modify the Site or any part thereof;
(e) reverse engineer, decompile or disassemble the Site or any part thereof;
(f) copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site or any part thereof; or
(g) modify, alter, adapt, disassemble, reverse engineer, decompile or amend any content on the Site or any part thereof in any way.
4.3 You must not without Our prior written consent of which shall be given, given with conditions or withheld at Our absolute discretion:
(a) affix or otherwise display Your name or logo or any other content on the Site in a way that suggests a direct or indirect association with Us and/or any content provider to the Site; or
(b) use another user's username or password.
5. Intellectual Property Rights
5.1 The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout,
arrangement, graphical user interface, look and feel, and control features of the Site
(the "Content") is protected by Intellectual Property Rights.
5.2 The Content and the Site are protected by copyright laws and other Intellectual Property Rights. You acknowledge that we are the owner of these rights, with Our affiliates or other third party licensors.
5.3 All product and company names and logos contained within the Site are the trade marks, service marks or trading names of their respective owners, including Us and our related entities.
5.4 You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, or the Site is transferred or granted to You, other than the rights granted expressly by these Terms and Conditions (if any).
5.5 You agree that:
(a) without limiting any other term, Clause 4 applies to the Content;
(b) any Intellectual Property Rights created, formulated or discovered by You through the use or access to the Site will be the sole and exclusive property of Us or our related entities;
5.6 Our logo and name are the trademarks of My Cairns Concierge, and may not be used as part of your business or in connection with any goods or services without Our prior written consent which shall be given, given with conditions or withheld at Our absolute discretion.
6. Information Provided and Privacy
(a) You authorise Us to use, store or otherwise process any information including personal information which relates to and/or identifies You, including, but not limited to, your name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of the agreed services to You by Us (as set out in The Engagement Terms and Conditions);
(b) You must ensure that the Personal Information You provide to Us and that all registration details (where applicable) contain your correct name, address, e- mail address and other requested details.
(c) By accepting these Terms and Conditions, You agree to the processing and disclosure of the Personal Information for the purpose of us providing the agreed services to You (as set out in the Engagement Terms and Conditions). If You would like to review or modify any part of your Personal Information then You should contact Us.
7.1 We warrant that:
(a) We have a right to provide the Site to You; and
(b) We will provide the Site with reasonable skill and care.
7.2 We do not warrant that:
(a) the Site will provide any function for which it is not specifically designed; (b) the Site will provide any minimum level of performance;
(c) the Site will be virus free or free of performance anomalies or be operational without interruption.
7.3 You warrant to Us that at the time of entering into the Site, You were not relying on any representation made by Us.
7.4 Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of Your access to or the results of Your access to the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site.
8. Disclaimer and Limitation of Liability
8.1 This Site is provided by Us on an "as is" basis without any express or implied warranty of any kind.
8.2 The Site may contain inaccuracies or typographical errors.
8.3 The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
8.4 We may change any of the material on the Site at any time without notice.
8.5 We make no commitment to update any material on the Site.
8.6 You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
8.7 You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from Your use of the Site or the material on or accessible through the Site.
8.8 You release Us and Our officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if We have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
8.9 You release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on the Site, whether or not caused by any negligent act or omission including but not limited to:
(a) loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Site;
(b) Your reliance on the Site;
(c) the statements or actions of any employee or agent of Us;
(d) any unauthorised access to or alteration of Your transmissions or data; (e) any information that is sent or received or not sent or received;
(f) any failure to store or loss of data or files or other content; (g) Your fraudulent, negligent or otherwise unlawful behaviour; (h) any delay or interruption of the Site;
(i) any loss incurred as a result of a third party obtaining Your access details (if applicable), either with or without Your knowledge;
(j) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site.
9.1 Publication of electronic addresses on this Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
9.2 We may from time to time amend, update, or change the Site, including these Terms and Conditions, without prior notice.
9.3 We shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Us, including any form of technological failure or the actions of third parties.
9.5 No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
9.6 If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
9.7 The failure by Us to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Us in respect of any existing or subsequent breach of these Terms and Conditions.
9.8 No waiver by a party of a provision of this Agreement is binding unless made in writing.
9.9 The law of Queensland, Australia govern these Terms and Conditions. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms and Conditions.
9.10 We operate the Site in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
9.11 Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.
9.12 This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
9.13 The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.
9.14 The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.
9.15 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
9.16 Any notice or demand in writing required to be given by Us to You shall be sufficiently served if:
(a) served personally or by pre-paid mail to Your last known address; (b) sent in electronic form by email to Your email address; or
(c) published by notice on the Site.