1. Introduction
    • The website under www.auspresence.com.au (‘Website’) and the services available on and through the Website (Services) are being offered to you by AUSPresence Pty Ltd (‘AUSPresence’). The Services being offered include, from time to time, business related information and advice. To access some of these services you will need to become a registered user as explained below.
    • These AUSPresence Website Terms and Conditions of Use (‘Terms’) are our terms of service that govern our relationship with users and others who interact with or use the Website. Please read these Terms carefully before using the Website.
    • By using or accessing the Website, or by clicking a box that states you agree to these Terms during the registration process, you acknowledge that you have read and agreed to be bound by and comply with these Terms. You also acknowledge that these Terms constitute a binding agreement between you and us made for good consideration (our provision of the Website and the Services to you in exchange for the rights you grant to us in accordance with these Terms). If you do not agree to be bound by these Terms, please do not access or use the Website.
    • We may amend the Terms from time to time at our sole discretion. Amendments will be effective immediately on publication on the Website. Your continued use of the Website following amendments to the Terms constitutes your acceptance of the amended Terms.
    • Registration and participation on the Website is restricted to persons who are over 18 years of age. By registering on the Website, or accessing or using the Website, you represent and warrant to us that you are over 18 years of age and that you have authority to enter into this agreement with us on the Terms. If you are under the age of 18, please do not access or use the Website. 
  2. Access
    • AUSPresence grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials provided hereon, provided that you comply fully with the Terms.
    • You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the AUSPresence Website.
    • You must not collect the content of other users of the Website, or access the Website using automated means.
    • You must not impersonate any person (including a staff member of us) or hold yourself out as having authority to act on behalf of us.
    • You must not modify, copy, reproduce, republish, or display any content from the Website and represent it as your own (including by framing pages from the Website), upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Website or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
    • AUSPresence does not guarantee that access to the AUSPresence Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the AUSPresence Website or any data on such a computer.
    • We reserve the right to block your access to the Website at any time if we believe in our sole discretion that you have breached any of these Terms.
  3. Registration and account security
    • In order to access some of the functionality of and information contained on this Website (including the Services), you will need to become a registered user by setting up a personal account on the Website (‘Personal Account’).
    • To become a registered user and create a Personal Account, you must complete your registration details in the manner described on the Website. The registration process will require you to provide us with your full name, email address and a password to access your Personal Account.
    • You must not create a Personal Account for anyone other than yourself without permission. You are only permitted to have one Personal Account, and agree not to create multiple Personal Accounts. You must not misrepresent (or attempt to misrepresent) your identity while using the Website. You must provide complete, current and accurate information to us during the registration process. By submitting a registration, you represent and warrant to us that the information that you are providing to us is complete, current and accurate. You must keep your personal and contact information accurate and up-to-date.
    • As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use including to access the Fee-Based Services, and agree that AUSPresence will have no obligations with regard thereto.
    • You must not access or attempt to access the Personal Account of any other user of the Website.
    • We reserve the right to terminate your registration at any time if we believe in our sole discretion that you have breached any of these Terms.
  4. Website content
    • While AUSPresence endeavours to take reasonable care in preparing and maintaining the information on this Website we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge and accept that the Website content may include technical inaccuracies and typographical errors. The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
    • The information/advice provided in this web site is general advice only. It has been prepared without taking into account any person’s individual objectives, financial situation or needs. Before acting on anything on this web site you should consider its appropriateness to you, having regard to your objectives, financial situation and needs.
    • It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law AUSPresence disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Website and the Website content.

AUSPresence may make available to users of the Website, comments forms, testimonials forms, case studies, surveys, blog comments, and other interactive communication facilities by means of the Website and related survey forms (such facilities collectively referred to herein as the “Forums”). AUSPresence cannot review all communications made on or through the Website. However, AUSPresence reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which AUSPresence in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any AUSPresence policy.

  1. Communicating with the Website

You are solely responsible for the content of any transmissions you make to the Website or any materials you add to the Website, including to any Forum or submission as defined above (the “Communications”). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which:

  • is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
  • constitutes or contains false or misleading indications of origin or statements of fact;
  • slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  • causes injury of any kind to any person or entity;
  • infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
  • violates any applicable laws, rules, or regulations or
  • contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Website. AUSPresence do not endorse or accept any Communications as its own or representative of its views.

  1. Public Communications.

You acknowledge and agree that any public Communications made to or by means of any portion of the Website are public. You acknowledge that

  • you have no expectation of privacy in any public Communication and
  • no confidential, fiduciary, contractually implied or other relationship is created between you and AUSPresence by reason of your transmitting a public Communication to any area of the Website. By transmitting any public Communication to the Website, you grant to AUSPresence a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights,” or any similar rights under any jurisdiction.
  1. Privacy
    • Your privacy is very important to us.
    • These Terms must be read in conjunction with our Privacy Policy. We undertake to comply with the terms of our Privacy Policy.
    • You acknowledge and agree that personal information you submit to us on the Website will be handled by us in accordance with the Privacy Policy, applicable laws and the terms set out in this section.
    • By setting up a Personal Account, grant us an ongoing consent to promote and market our products and services and to make other offers to you (including by email). You acknowledge that this consent continues indefinitely until such time as you expressly withdraw it. If you do not wish us to contact you or you would like us to stop contacting you for promotional or marketing purposes, please contact us using the contact details set out in our Privacy Policy. You agree that as a holder of a Personal Account, you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to receive these newsletters, you will be given the option to unsubscribe in the newsletter.
    • Some information collected by the Website about you will not in itself identify you, but will provide information about your use of the Website (for example, ‘clickstream data’ or ‘cookies’). Such information may be collected and used by AUSPresence to track use of the Website, for the purpose of improving services offered by AUSPresence.
    • AUSPresence may access general demographic information about Website users, such as age and gender, made available through Google Analytics demographic reporting tools. This information cannot be used to personally identify Website users.
  2. Fee-Based services
    • You may request AUSPresence provide services by submitting a request via the website. AUSPresence will then contact you to discuss your requirements and send you an order form detailing the nature of services to be provided, their cost and any additional terms and conditions as necessary.
    • In engaging AUSPresence to provide one or more of the services detailed in by signing and returning the Order Form, you acknowledge and agree that the Order Form and any conditions contained therein is to be read in conjunction with the Terms and further acknowledge that the Terms and Order Form part of the contract of engagement between AUSPresence and you.
    • For services available via the website, your submission of the Order Form on the Website shall constitute acceptance that the Order Form and any conditions contained therein is to be read in conjunction with the Terms and further acknowledge that the Terms and Order Form part of the contract of engagement between AUSPresence and you.
  3. Information Provided

You acknowledge that any reliance upon any advice, opinion, statement, data, or other information displayed or distributed through the Website is at your sole risk. AUSPresence reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. You acknowledge and agree that AUSPresence is not responsible for any materials posted by users of the Website.

  1. Links to Other Websites

The Website contains links to other websites on the Internet which are owned and maintained by third parties. Such links do not constitute an endorsement by AUSPresence of any third-party website or any materials contained therein. AUSPresence does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party websites or any information, content, products or services accessible from such third-party websites.

  1. Indemnification

You hereby agree to indemnify, defend and hold harmless AUSPresence from and against any and all liability and costs incurred by AUSPresence in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defence of any claim. AUSPresence reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of AUSPresence.


Except as expressly set forth herein, the website (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. to the fullest extent permissible by law, AUSPresence makes no warranties and shall not be liable for the use of the website under any circumstances, including but not limited to negligence by AUSPresence. AUSPresence does not warrant that the functions contained in the website or the fee-based services will be uninterrupted or error-free, that defects will be corrected, that the website or fee-based services will meet any particular criteria of performance or quality, or that the website, including forums or the server(s) on which the website is operated, are free of viruses or other harmful components.


Use of the website is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website. Under no circumstances shall AUSPresence be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the website or fee-based services, even if AUSPresence has been advised of the possibility of such damages.  

Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded AUSPresence’s liability for breach of such a warranty shall be limited to the amount, if any, actually paid by you for access and use of the fee-based services during your current term of service.  You hereby release AUSPresence from any and all obligations, liabilities and claims in excess of this limitation.  In the case of fee-based services, AUSPresence at its option may choose to supply the service again or payment of the costs of having the services supplied again with the cost not to exceed any amounts paid by you.

  1. Intellectual property

The materials displayed on this Website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of AUSPresence and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of AUSPresence.

Save for the above, and unless expressly granted, AUSPresence does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the AUSPresence Website or in the user interface of the AUSPresence Website.

  1. Submissions

Any material you send to us on or via the AUSPresence Website will be deemed to be non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.

  1. GST

Prices quoted to the Client do not include GST as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 and shall be increased by the amount of GST imposed on the taxable supply in question under that Act or any amendment thereof.

  1. Third party Websites

The AUSPresence Website may contain links to other Websites operated, controlled or produced by third parties. Unless otherwise indicated, AUSPresence does not control, endorse, sponsor or approve any such third party Websites or their content nor does AUSPresence provide any warranty or take any responsibility whatsoever for any aspect of those Websites or their content.

  1. Links to AUSPresence Website

If you wish to establish a link to this Website, you must first seek approval from AUSPresence. To seek approval, please submit a message via the Website.

The following information will be required to assess your request:

  • the URL of the Website that you seek to establish a link from
  • a brief description of your Website
  • the reason that you wish to establish a link.

If AUSPresence agrees to your proposed link, you must comply with any terms and conditions imposed by AUSPresence as a condition of such agreement. If the nature and/or content of your Website changes in any significant way, you must contact AUSPresence and provide a new description of your Website.

    • To the Agreement. AUSPresence has the right to modify these Terms and any policies affecting the Site.  Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of AUSPresence in providing the Site, including without limitation:
      • any change in the Content, or
      • any change in the amount or type of fees associated with the Fee-Based Services,

is to cancel your registration via a message submitted via the Website.

  • To the Site. AUSPresence has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. AUSPresence may also impose limits on certain features and services or restrict your access to parts or all of the AUSPresence Site without notice or liability.

This Agreement constitutes the entire agreement between you and AUSPresence with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and AUSPresence. Failure by AUSPresence to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New South Wales (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable legal fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

  1. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these Website Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

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