Terms & Conditions

Credit

This document was created using a Contractology template available

at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website,
you accept these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this website.

This website may use cookies. By using this website and agreeing to these terms and
conditions, you consent to the The Benefit Consultants use of cookies in accordance
with the terms of The Benefit Consultants privacy policy / cookies policy.

License to use website

Unless otherwise stated, The Benefit Consultants and/or its licensors own the
intellectual property rights in the website and material on the website.  Subject to the
license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website
for your own personal use, subject to the restrictions set out below and elsewhere in
these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);

  • sell, rent or sub-license material from the website;

  • show any material from the website in public;

  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or

  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity.

You must not use this 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.

You must not conduct any systematic or automated data collection activities
(including without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to this website without the express written consent of an
officer representing The Benefit Consultants.

You must not use this website to transmit or send unsolicited commercial
communications.

You must not use this website for any purposes related to marketing without the
express written consent of The Benefit Consultants

Restricted access

Access to certain areas of this website is restricted. The Benefit Consultants reserve
the right to restrict access to other areas of this website, or indeed this entire website,
at the discretion of The Benefit Consultants.

If The Benefit Consultants provides you with a user ID and password to enable you to
access restricted areas of this website or other content or services, you must ensure
that the user ID and password are kept confidential.

The Benefit Consultants may disable your user ID and password in The Benefit
Consultants’ sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without
limitation text, images, audio material, video material and audio-visual material) that
you submit to this website, for whatever purpose.

You grant to The Benefit Consultants a worldwide, irrevocable, non-exclusive, royalty-
free license to use, reproduce, adapt, publish, translate and distribute your user
content in any existing or future media.  You also grant to The Benefit Consultants
the right to sub-license these rights, and the right to bring an action for infringement
of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s
legal rights, and must not be capable of giving rise to legal action whether against
you or The Benefit Consultants or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the
subject of any threatened or actual legal proceedings or other similar complaint.

The Benefit Consultants reserves the right to edit or remove any material submitted
to this website, or stored on The Benefit Consultants servers, or hosted or published
upon this website.

Not withstanding The Benefit Consultants rights under these terms and conditions in
relation to user content, The Benefit Consultants does not undertake to monitor the
submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or
implied.  The Benefit Consultants makes no representations or warranties in relation
to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, The Benefit
Consultants does not warrant that:

  •   this website will be constantly available, or available at all; or

  •   the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If
you require advice in relation to any legal, financial or medical matter you should
consult an appropriate professional.

Limitations of liability

The Benefit Consultants will not be liable to you (whether under the law of contact,
the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in
connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of

  • contracts or business relationships, loss of reputation or goodwill, or loss or corruption
    of information or data.

These limitations of liability apply even if The Benefit Consultants has been expressly
advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law
that it would be unlawful to exclude or limit; and nothing in this website disclaimer
will exclude or limit The Benefit Consultants liability in respect of any:

  • death or personal injury caused by The Benefit Consultants’ negligence;

  • fraud or fraudulent misrepresentation on the part of The Benefit Consultants; or

  • matter which it would be illegal or unlawful for The Benefit Consultants to exclude or
    limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out
in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You agree that you will not bring any claim personally against The Benefit
Consultants’ officers or employees in respect of any losses you suffer in connection
with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of
warranties and liability set out in this website disclaimer will protect The Benefit
Consultants’ officers, employees, agents, subsidiaries, successors, assigns and sub-
contractors as well as The Benefit Consultants.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under
applicable law, that will not affect the enforceability of the other provisions of this
website disclaimer.

Indemnity

You hereby indemnify The Benefit Consultants and undertake to keep The Benefit
Consultants indemnified against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by The Benefit
Consultants to a third party in settlement of a claim or dispute on the advice of The
Benefit Consultants legal advisers) incurred or suffered by The Benefit Consultants
arising out of any breach by you of any provision of these terms and conditions[, or
arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Benefit Consultants’ other rights under these terms and
conditions, if you breach these terms and conditions in any way, The Benefit
Consultants may take such action as The Benefit Consultants deems appropriate to
deal with the breach, including suspending your access to the website, prohibiting
you from accessing the website, blocking computers using your IP address from
accessing the website, contacting your internet service provider to request that they
block your access to the website and/or bringing court proceedings against you.

Variation

The Benefit Consultants may revise these terms and conditions from time-to-
time. Revised terms and conditions will apply to the use of this website from the date
of the publication of the revised terms and conditions on this website. Please check
this page regularly to ensure you are familiar with the current version.

Assignment

The Benefit Consultants may transfer, sub-contract or otherwise deal with The
Benefit Consultants’ rights and/or obligations under these terms and conditions
without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.  If any unlawful and/or unenforceable provision would be lawful or
enforceable if part of it were deleted, that part will be deemed to be deleted, and the
rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and The
Benefit Consultants in relation to your use of this website, and supersede all previous
agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with
New South Wales and Australian Law, and any disputes relating to these terms and
conditions will be subject to the non-exclusive jurisdiction of the courts of New South
Wales and Australia.

The Benefit Consultants details

  • The Benefit Consultants is registered in New South Wales under ABN 91 606 033 621

  • The Benefit Consultants’ registered address is 53 Walker Street, North Sydney NSW 2060.

You can contact The Benefit Consultants by email
at hello@thebenfitconsultants.com.au