DISCLAIMER

(1) Ownership

Please read this legal statement carefully before using this Web Site. This Web Site is owned and operated by Moore Stephens (Adelaide) Pty. Ltd. solely for the purpose of providing information to users about Moore Stephens, and its Content.

(2) Acceptance

By allowing you to access the Web Site, Moore Stephens grants to you a licence on the terms below. Your use of, or access to this Web Site is conditional upon your acceptance and compliance with the Terms of Use. By continuing to use, or access this Web Site, you agree to be bound by the Terms of Use. Do not use this Web Site if you do not agree to these Terms of Use. Since you are bound by these Terms of Use, you should periodically refer to them.

(3) Limitation of Terms of Use

These Terms of Use are in no way limited or altered by any other terms or conditions on this Web Site or any other agreement you may have with Moore Stephens for products, services or otherwise. The following exclusions and limitations apply only to the extent permitted by law, and are subject to the Non Excludable Rights. Moore Stephens excludes all other conditions and warranties implied by custom, law or statute. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. All rights not expressly granted in this document are reserved.

(4) Right to Amend Terms of Use and Content

Moore Stephens may at any time vary revise, add, amend, modify, or delete any part of these Terms of Use or the Content by publishing the variations on the Web Site without prior notice. You accept that by doing this, Moore Stephens has provided you with sufficient notice of the variation. Your continued use of this Web Site after the changes constitutes your acceptance of the variations. Moore Stephens will make reasonable efforts to bring any changes to the attention of its users, but it is your responsibility to check this page to familiarise yourself with any updates each time you visit the Web Site.

TERMS OF USE

(5) Reliance on Information

This Web Site has been compiled in good faith and with all reasonable care. The Content is derived from sources believed to be accurate and current as at the date published. However there may be inadvertent and occasional errors for which Moore Stephens apologises. In particular, you should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.

Visitors using the information from the site do so entirely at their own risk. You acknowledge that you have exercised your independent judgment and have not relied on any representation made in this Web Site which has not been stated expressly in these Terms of Use. Moore Stephens strongly advises you to seek independent professional advice before acting on any Content from this site.

(6) No Warranties or Representations

This information is published for information only, without assuming a duty of care. You acknowledge that you have not relied on any representation made by Moore Stephens which has not been stated expressly in these Terms of Use. Moore Stephens does not give any express or implied representation or warranty as to:

reliability;
completeness;
suitability;
availability;
accuracy;
correctness;
currency;
timeliness;
merchantability;
quality;
security;
accessibility;
fitness for any particular purpose;
Content;
security of your computer in accessing this Web Site;
lack of computer viruses or other harmful components;
uptime;
title;
integrity of data; and
correction of defects.

Unless expressly stated otherwise, general information about Moore Stephens’ products and services:

does not constitute an offer or inducement to enter into a legally binding contract; and
does not form part of the terms and conditions for products and services.

(7) Limitation of Liability

You indemnify Moore Stephens to the maximum extent permitted by law, from and against all Loss arising out of or in any way connected to the use of this Web Site to you or anyone else however occurring in the collecting, recording, processing, storing or dissemination of this information. The cause of the Loss includes but is not limited to:

use or inability to use this Web Site;
access or inability to access this Web Site;
reliance on any Content;
the transmission of any computer virus;
Moore Stephens’ negligence;
a breach of your computer's security;
any breach of the Terms of Use;
any unauthorised access to, modification or alteration of Content;
any material or data sent or received or not sent or received;
any transactions entered into through this Web Site;
any infringement of another's rights, including intellectual property rights;
any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party;
any Content sent by any third party using and/or included in this Web Site;
any service available from this Web Site; and
delays, interruptions, inaccuracies, errors, omissions or cessation of services.

In relation to Non Excludable Rights, any liability incurred by us in relation to the use of this Web Site or the Content is limited as provided under the Trade Practices Act 1974 (section 68A). Liability which cannot be excluded, is limited to the extent possible, at Moore Stephens’ 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.

Except as provided for by the Non Excludable Rights, you (and not Moore Stephens) assume the entire cost of any necessary verification, maintenance, repair or correction of any relevant Content.

(8) Governing Law

Unless expressly agreed otherwise, the products and services described in this Web Site are available only to Australian residents. Applications from people other than Australian residents will not be accepted. Unless expressly stated to the contrary, all matters relating to this Web Site are governed by and are to be construed according to the laws applicable in the State of South Australia and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of South Australia and Australia. Moore Stephens has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Moore Stephens considers (in its discretion) that the action is necessary or desirable.

(9) Use of Site from Outside Australia

This Web Site is not directed at people in any other country and should not be relied on by people in any country other than Australia. Should the Content and terms and conditions satisfy the laws of the User Country, you are not entitled to rely on the information. If you do so, you agree to indemnify Moore Stephens for any loss or damage, which may be incurred as a consequence.

(10) Links

Content displayed on this Web Site and links on or from this Web Site may lead to or be sourced from Third Party Sites. Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Moore Stephens of any Content referred to by the site owner. Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on Third Party Sites.

Moore Stephens does not authorise the reproduction of third party Content by linking this Web Site to third party Content.

Moore Stephens accepts no liability for Loss of any kind arising from third party Content or use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk.

You may link to our Web Site for non-commercial purposes. If you are interested in linking to our Web Site for commercial purposes, or becoming otherwise affiliated with Moore Stephens, please contact us.

(11) Waiver

If you breach any of these Terms of Use, and Moore Stephens has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of Moore Stephens' legal rights. Any waiver of legal rights granted under these Terms of Use will only be effective if it is in writing and signed by Moore Stephens.


(12) Feedback, Questions or Problems

Moore Stephens welcomes any feedback you may have regarding our Web Site or these Terms of Use. If you have any questions, or queries, suggestions, problems, or if you become aware of any use of our Web Site that you think does not comply with these Terms of Use please send an e mail to firm@mspm.com.au. When you send us any feedback, suggestions, ideas or other materials in relation to or via this Web Site, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

(13) Intellectual Property

You acknowledge that the Content in this Web Site is the subject of intellectual property and legal rights (including third-party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

(14) Copyright

Copyright in the information contained in this site subsists under the Copyright Act 1968 (Cth) and, through international treaties, the laws of many other countries. Unless expressly provided otherwise, all Content is owned or licensed by Moore Stephens. Your access to or use of this Web Site does not constitute or create a licence or any other right to use Moore Stephens’ name, trade dress, trade marks, copyrights or any other intellectual property.

(15) Restricted Use

Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Moore Stephens or its subsidiaries, be directly or indirectly:

used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;
performed in public;
incorporated into any other web site;
used for any commercial purpose;
stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;
used in any manner or for any purpose which is unlawful;
used in any manner which violates any right of Moore Stephens or an Affiliate;
used in any manner which is prohibited by the Terms of Use; or
affected with a virus or other harmful component in any form or by any means in whole or in part by any process.

(16) Obligations

You must:

ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material; and
ensure your employees, subcontractors and other agents (if any) who have authorised access to the Web Site are made aware of the Terms of Use.

(17) Permitted Use

Provided that the ownership of the Content by Moore Stephens is acknowledged and strictly on the condition that you keep all Content intact and in the same form as presented, (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

using an industry-standard Web browser, download and view the Content for your personal, non-commercial use;
if you are an Internet service and/or access provider, supply the Content to your subscriber;
access and display these pages on a computer or a monitor;
hold a temporary copy in the computer's cache;
make a single permanent copy for your personal non commercial reference;

(18) Third Party Copyright

Some of the copyright in the Content, is included on our Web Site under a licence from third parties, such as processes used in constructing or accessing this Web Site. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Web Site) must be obtained from the copyright owner. It is your responsibility to obtain authorisation.

(19) Trade Marks

All names, logos and trademarks (both registered and unregistered) are the property of Moore Stephens, or the third parties who have contributed to this Web Site. Use of these trademarks will infringe intellectual property rights. It is your responsibility to obtain the requisite approval. Nothing contained on this Web Site should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Web Site without the express written permission of Moore Stephens, the relevant affiliate, or contributor.

(20) Definitions

In this Disclaimer:

”Moore Stephens”, "we", "us", or "our", means Moore Stephens (Adelaide) Pty Ltd, and its subsidiaries, officers, agents, directors, officers, employees and ‘related bodies corporate’ as defined in the Corporations Act of Australia;
“Content” means any information, files, text, code, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, services documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, or omitted from this Web Site, obtained or able to be viewed by accessing any part of this Web site (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
“Intellectual Property” means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get up, confidential information, matter, materials or works accessible on or via the Moore Stephens Web Site;
“Loss” means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Web Site. This includes, but is not limited to loss of business profits, legal costs and defence or settlement costs;
“Non Excludable Rights” means the rights and remedies conferred by the Trade Practices Act and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the Content of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Terms of Use;
“Terms of Use” means the legal disclaimer, intellectual property, security and privacy statement and any other additional terms, conditions, licenses and limitations of liability outlined elsewhere on this Web Site;
“Third Party Sites” means sites and resources located on servers maintained by others over whom Moore Stephens has no control; and
“Web Site” means those web pages contained within the domain and any sub-domains.