Introduction

Welcome to our website. By accessing or using the website, you agree to be bound by these terms of service (the "Terms"). If you do not agree with these Terms, do not use the website.

The website is owned and operated by DGR Consulting Pty Ltd ("we," "us," or "our"). These Terms apply to all users of the website, including users who contribute content, information, and other materials or services to the website.

Acceptance of terms

You can accept these Terms by:

• Clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface; or
• Using the website. In this case, you understand and agree that we will treat your use of the website as acceptance of the Terms from that point onwards.

You may not use the website if you are not of legal age to form a binding contract with us.

By accepting these Terms, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

Registration and accounts

To access certain features of the website, you may be required to create an account and provide certain information about yourself, such as your name, email address, and a password. You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account.

You must provide accurate and complete information when creating your account, and you must update your account information if it changes. You may not use someone else's account or impersonate another person.

We reserve the right to terminate or suspend your account or access to the website at any time, for any reason, and without notice. We also reserve the right to refuse service to anyone, at any time, and for any reason.

Use of the website

The website is provided for your personal and non-commercial use. You may use the website and the content and materials provided on the website solely for lawful purposes and in accordance with these Terms.

You may not use the website or the content and materials provided on the website in any way that:

• Infringes the intellectual property rights of us or any third party
• Is defamatory, libellous, or threatening
• Promotes hate speech or discrimination against any individual or group
• Interferes with the operation of the website or the enjoyment of the website by other users

We reserve the right to remove any content or materials from the website at any time, for any reason, and without notice. We also reserve the right to terminate or suspend your access to the website at any time, for any reason, and without notice.

User content

The website may allow users to post, upload, or transmit content, including but not limited to text, photos, videos, and audio (collectively, "User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it.

By posting or transmitting User Content on or through the website, you grant us a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any media. You also agree that we may publish your name in connection with your User Content.

You represent and warrant that you have all rights, licenses, consents, and releases necessary to grant the above license and that your User Content, and the use thereof as contemplated by these Terms, does not and will not:

• Infringe the intellectual property rights of any third party
• Breach any laws or regulations

We reserve the right to remove any User Content from the website at any time, for any reason, and without notice. We also reserve the right to terminate or suspend your access to the website at any time, for any reason, and without notice.

Intellectual property

The website and its content are protected by copyright and other intellectual property laws. You may not use any content on the website for commercial purposes without the express written permission of the website. You may not reproduce, distribute, or create derivative works from any content on the website without the express written permission of the website.

You retain ownership of any content that you submit to the website. By submitting content to the website, you grant the website a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and create derivative works from that content.

Any use of content on the website that is not specifically authorized by these terms of service is strictly prohibited.

Any trademarks, service marks, or trade names on the website are the property of their respective owners. You may not use any trademarks, service marks, or trade names on the website without the express written permission of the owner.

We respect the intellectual property rights of others and expect users of the website to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

AI-powered tools disclaimer and limitation of liability

By using the AI-powered tools ("Tools") available on our website, you acknowledge and agree that the Tools are provided on an "as is" and "as available" basis, and your use of the Tools is at your sole risk, regardless of your location or the jurisdiction in which you reside.

We make no warranties or representations, express or implied, regarding the accuracy, reliability, completeness, or suitability of the advice, recommendations, or other information generated by the Tools, and such disclaimers apply to the fullest extent permissible under the laws of any applicable jurisdiction.

You understand and agree that any advice, recommendations, or information provided by the Tools may not be appropriate or applicable to your specific situation and should not be relied upon as a substitute for professional advice. We disclaim all liability for any actions taken or not taken based on the output of the Tools, subject to the limitations set forth under the applicable laws of your jurisdiction.

To the maximum extent permitted by applicable law, we, our affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from the use or the inability to use the Tools, or any errors, inaccuracies, or omissions in the information provided by the Tools, regardless of the country or jurisdiction in which you are located.

By using the Tools, you agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Tools, irrespective of the jurisdiction from which you access or use the Tools.

Disclaimer of warranties

The website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.

We do not warrant that the website will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.

We do not warrant that the website or any content on the website will be free from viruses or other harmful components. It is your responsibility to implement appropriate safeguards to protect your computer and data from viruses and other harmful components.

We do not endorse, and are not responsible for, any content on the website that is provided by third parties. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content on the website are those of the respective authors or distributors, and not of us.

To the fullest extent permitted by law, we exclude all warranties, representations, and conditions (whether express or implied) relating to the website and the use of the website.

In no event will we be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

This disclaimer of liability applies to any damages or injuries caused by the website, including, but not limited to, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of any record.

We reserve the right to modify or discontinue the website at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the website.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the website, your violation of these terms of service, or your violation of any rights of another.

You agree to cooperate as fully as required by us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Termination

We reserve the right to terminate or suspend your account or access to the website at any time, without notice and for any reason.

Upon termination of your account or access to the website, you will no longer have access to any content or data associated with your account.

If you wish to terminate your account, you may do so by contacting us and requesting that your account be deactivated. We will deactivate your account as soon as reasonably possible, but we are not responsible for any delays in the deactivation process.

Governing law

These terms of service and your use of the website are governed by and construed in accordance with the laws of the state of New South Wales, Australia.

Any disputes arising out of or in connection with these terms of service or the website will be resolved through binding arbitration in accordance with the rules of the Australian Disputes Centre. The arbitration will be held in Sydney, Australia.

You agree to submit to the personal jurisdiction of the courts located in Sydney, Australia for the purpose of litigating all such disputes.

If any provision of these terms of service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

These terms of service constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these terms of service is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Changes to the terms of service

We reserve the right, at our sole discretion, to modify or replace these terms of service at any time. If we make material changes to these terms of service, we will provide notice to you by posting a notice on the website or by sending you an email.

It is your responsibility to check the website periodically for changes to these terms of service. Your continued use of the website after the effective date of any changes to these terms of service constitutes your acceptance of those changes.

If you do not agree to the modified terms of service, you must stop using the website.

Contact information

If you have any questions about these Terms of Service please contact Bryan O'Connor, Director:

e: boconnor@dgrconsulting.com.au
m: 0417 207 751

Last updated: 30 April 2023

DGR Consulting Pty Ltd
PO Box 168 Leichhardt NSW 2040 Australia
ABN 76 050 063 744
Contact: Mary Duckett, Director
m: 0429 654 909

Copyright 2022 - DGR Consulting Pty Ltd - All Rights Reserved