Background

This website www.jnpadvisory.com.au (Site) is operated by JNP Advisory Pty Limited ACN 35 151 917 421 (JNP Advisory, we, our or us). These terms set out how you can use our Site, Content and other resources featured on our Site.

Our Site provides services, templates and information intended for use by businesses located throughout Australia. The nature of this information is that they are not suitable for personal, domestic, or household use or consumption and should not be used by any person for that purpose.

Acceptance of Terms

No Legal Relationship

Other Agreements

General Information Only

Information contained on our Site is general information only and cannot be relied upon as legal or financial advice as it does not take into consideration your specific circumstances.

Online Services and Fees

If you use any online document or register for any service through our website (‘Online Services’), you agree that the Online Services generated are owned by us. You acknowledge that the Online Services are generated through online self-service and may contain mistakes, errors or inaccuracies and you indemnify us with respect to such mistakes, errors, or inaccuracies.

If applicable, you will pay to us, through our third party provider, the fees indicated for each Online Service that You choose to purchase. Fees are GST exclusive, unless stated otherwise. Payments are non-refundable.

Rules and Conduct

When using our Site, you agree that:

1. you are solely responsible for: your use of the Site; the security of any password and log-in details used in connection with our Site; when and how you use our Site, and the actions of any persons who use the Site on your behalf;

2. you will notify us immediately of any breach of security or any unauthorised use of our Site; 

3. you are responsible for any information or material you submit to us, including accepting any liability for the use of such material;

4. you will not upload, post, transmit or otherwise distribute any materials that contains viruses, Trojan Horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer code, program, or file, designed to interrupt, destroy, or limit the functionality of any computer service or hardware or telecommunications equipment;

5. you are legally responsible for all content that you submit to us; and

6. we may suspend and/or terminate your use of the Site if we consider in our sole discretion that you are breaching these Terms.

You warrant that:

1. the details you provide to us are accurate and complete and agree to keep that information up to date and as accurate as possible;

2. you are the owner of, or are licensed to use, all the intellectual property rights contained in material submitted to us; and

3. your information and material is not fraudulent, offensive, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person.

Exclusion of Competitors

We reserve the right to exclude and not permit any person from using the Site or any of the documents and information contained on it.

If a principal part of your business is the provision of accounting, legal, business valuation and business broking advice or you are a publisher of templates and business information, then you are a competitor of JNP Advisory and its related entities. If you are a competitor of ours, we expressly exclude and do not permit you to use or access the Site, to download any documents or information from the Site or obtain any such documents or information through a third party without our prior express written permission. You may not make any profit or gain from our Site or its Content. If you breach this term, then we will hold you fully responsible for any loss that we might sustain and hold you accountable for all profits that you might make from such unpermitted and improper use.

License to Use Our Site

We grant you a limited, non-exclusive, royalty-free, revocable, worldwide, non-transferrable licence to use our Site in accordance with these Terms.

Intellectual Property Rights

We own or license all intellectual property rights (including copyright and trade marks) in all information, text, material, graphics, logos, icons, sound recordings, bots, software, and source code on our Site (“Subject Matter”).

Material on our Site, including photographs, bots plans, and drawings, and other Content are protected by copyright and are our property or our licensor's. Unless otherwise indicated, we reserve all rights in the Site materials. You may make a temporary copy of all or part of this material on your local computer for the sole purpose of viewing it and print a single hardcopy of a whole page of this Site for limited use in your business (excluding using it in the operation of a competing business).

Except as permitted by the Copyright Act 1968 (Cth), you may not otherwise copy or reproduce the material on our Site. Using the photographs, trademarks, tradenames, graphics or design, bots, and other Content on our Site without our permission may constitute an infringement of copyright and may expose you to serious liability. Additionally, subject to the Copyright Act 1968 (Cth), you may not, without permission, in any form or by any means:

1. adapt, reproduce, retransmit, store, distribute, sell, print, display, perform, publish, or create derivative works from the Subject Matter or Content; or

2. commercialise any information, products or services obtained from the Subject Matter or Content; or

3. circulate any Content to any third party; or

4. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Submission of Material to Us

Material that you submit electronically to us must comply with our specifications. We may at any time reject material submitted to us which is not submitted in accordance with our specifications. You warrant that you own the rights in the intellectual property that you provide to us, and that you are authorised to grant us the licence to use this material. You warrant to us that the use of material submitted to us does not breach or infringe:

1. any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;

2. any law of defamation, obscenity or contempt of any court, tribunal, or royal commission; 

3. State or Commonwealth privacy legislation or anti-discrimination legislation; 

4. any financial services law as defined in the Corporations Act 2001 (Cth); or

5. any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

Confidentiality

Subject to the exclusions below, we will not disclose any confidential information to other parties, except in the case where the disclosure is made:

1. Regarding the performance of the disclosing party’s duties and obligations under these Terms; or

2. With your express consent; or

3. Pursuant to Law.

Where possible, we will use electronic media to correspond or transmit information.  This activity will not in itself constitute a breach of any confidentiality obligations under these Terms.

Security of Information

We have taken all reasonable steps to preserve the security of the information you provide to us and we provide to you. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect all data transmissions over the Internet (including your information), we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to you. As such, any information which you transmit to us is transmitted at your own risk.

Third Party Sites

Our Site may contain links to other websites (‘Third Party Websites’). These links are provided for your convenience and information only and may not remain current or be maintained. We are not responsible for the Content or privacy practices associated with Third Party Websites. Any dealings with you and Third Party Websites are solely between you and the third party, and you agree that we are not liable for any loss or damage incurred because of such dealings.

Warranties and Disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

1. they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose; 

2. access will be uninterrupted, error-free, or free from viruses; or

3. our Site will be secure.

You read, use, and act on our Site and the Content at your own risk.

Limitation of Liability

Our Site has been designed and created to meet some of the needs of business enterprises. It has not been designed or created for personal, household, or domestic purposes.

To the maximum extent permitted by law, and without limiting any other provisions in these Terms:

1. we exclude all liability for indirect, incidental, special and consequential loss or damage of any kind, loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter;

2. our Site is provided on an ‘as is’ and ‘as available’ basis;

3. we make and give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage, or trade practice, with respect to any services or Content you obtain from our Site;

4. we make and give no express or implied warranties that the templates and documents on our Site will be free of errors, or that defects will be corrected, or that the Site or its server is free of viruses or any other harmful components. We do not warrant or make any representations regarding the use or the result of the use of any template, document, link, or information on the Site or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not our responsibility to bear any costs of servicing or correction.

5. no oral or written information or advice given by us, our suppliers, agents, representatives, or employees will create a warranty or in any way increase the scope of the express warranties given, and you may not rely on any such information or advice.

If the supply of our services constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) (‘the Act’) nothing contained in these Terms excludes, restricts, or modifies any remedies or guarantees where to do so is unlawful. To the full extent permitted by law, where the benefit of any such remedy or guarantee is conferred upon you pursuant to the Act, our sole liability for breach of any such remedy or guarantee shall be limited to the remedies available under the Act. 

We do not guarantee that our Site or Third Party Websites will be free from viruses, or that access to our Site or Third Party Websites will function as intended or be uninterrupted. You must take your own precautions to ensure that the process which you employ for accessing our Site does not expose you to the risk of viruses, malicious computer code or other forms of interference

which may damage your own computer system. For clarity, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your access or use of our Site or any Third Party Website. 

Our liability is limited by a scheme approved under professional standards legislation.

Our limitation of liability will survive termination.

Indemnity

You indemnify us in respect of any liability suffered or incurred by us for any loss, cost (including legal costs on a full indemnity basis), action, proceeding, claim, damage, demand, liability, or expense because of your breach of these Terms, your use of the Site, or warranties given by you. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms. This indemnity survives the termination of your use of the Site or these Terms and is independent of any other obligation.

Variations

We may amend these Terms, including our Privacy Policy, from time to time. Amendments will be effective immediately upon notification on our Site. Your continued use of our Site represents an agreement by you to be bound by the Terms as amended. You should check our site regularly, so you are kept up-to-date with our current Terms. Materials and information on our Site (Content) are subject to change without notice. While we use reasonable effort to ensure that our Content is accurate, current, and complete, we do not represent, warrant, or guarantee its accuracy, currency, or completeness (to the maximum extent permitted by law) and we are not liable if any Content is inaccurate or out-of-date.

Termination and Discontinuance

We may:

1. terminate your use of the Site;

2. terminate these Terms; or

3. discontinue the Site (in whole or part),

in our absolute discretion and without any notice to you. All conditions imposed on you by these Terms will survive.

Severance

A provision of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining provisions or parts of the provisions of these Terms continue to be in force.

Jurisdiction

Your use of our Site is governed by and construed in accordance with the laws of New South Wales, Australia. By using our Site, you irrevocably and unconditionally submit to the jurisdiction of the courts of New South Wales. 

Our Site may be accessed overseas. We make no representation that our Site complies with any laws outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Disputes

The parties must use reasonable endeavours to resolve any dispute under these Terms by taking the following steps:

1. a party may serve notice on the other party advising of a dispute (‘the Notice’);

2. senior managers of the parties must meet within 7 days of receipt of the Notice to attempt to resolve the dispute;

3. if the dispute remains unresolved after 10 days of receipt of the Notice, the Managing Director, CEO, or equivalent of each party will meet to resolve the dispute within 30 days of receipt of the Notice;

4. if the Dispute remains unresolved the parties will resort to mediation or other alternative dispute resolution methods;

5. if the Dispute remains unresolved, or a party elects to move straight to expert determination in lieu of mediation or other alternative dispute resolution methods, the parties will resort to expert determination and the opinion of the expert will be binding on the parties before they commence legal proceedings (except proceedings for interlocutory relief). Costs of any mediator or expert will be borne equally between the parties.

For any questions and notices, please email us at: support@jnpadvisory.com.au