TERMS OF USE

1.         DEFINITIONS

Ken Gilbert and Associates Pty Ltd trading as THE GROWING EDGE CONSULTING SERVICE (ABN 59 055 875 968) (“ the Website Operator”) operates a website located at www.growingedge.com.au ("the Website") which includes a Forum Service (the “Forum Service”).

These are the general Terms of Use for THE GROWING EDGE CONSULTING SERVICE website and Forum Service. When using the Website or the Forum Service you must comply with these Terms and Conditions. If you do not agree to these conditions then do not access the Website.

2.         INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights (including copyright) in all information, text, material, graphics, fonts, icons, code (including HTML), audio, video, photographs, software and advertisements on the Website or the Forum Service ("Content") are owned by or licensed to the Website Operator. The Content is protected by Australian and international intellectual property laws.

You must not modify, copy, reproduce, sell, frame, scrape, upload to a third party, create derivative works from, post, transmit or distribute the Content in any way except as expressly provided for on the Websites or expressly authorised in writing by the Website Operator.

All information provided by the Website Operator in accordance with the Forum Service is confidential information and you shall not share any information provided through the Forum Service to any person.

3.         SERVICES AND ACCURACY OF INFORMATION

The Website Operator does not warrant that the material or functions contained in the Website or Forum Service or your access to them will be uninterrupted, error-free or free of viruses or any other harmful components.

The Website Operator does not warrant or make any representation regarding accessibility, correctness, accuracy, timeliness, completeness, reliability or otherwise in respect of the Website or the Forum Service or materials or functions contained on the Websites or the Forum Service.

4.         DELAYS AND VIRUSES

The Website Operator will not be liable for damage or loss resulting from any delay in operation or transmission, virus, harmful component, communications failure, internet access difficulties or malfunction in equipment or software, howsoever caused.

We undertake to make all reasonable efforts to ensure that the Website and Forum Service is available to you during the hours specified by us from time to time but we are not liable to you for or in connection with -

• Failure of a Service to perform in whole or in part, any function which we have specified it will perform;
• The unavailability of a Service to you in whole or in part because of the failure of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control; or
• Delays or errors in the execution of any transaction or instruction because of the Communication Network, Ancillary Equipment or any circumstance beyond our reasonable control.

5.         LIMITATION OF LIABILITY

The Website Operator or any related corporation or their respective directors or employees will not be liable to you for any losses, damages, liabilities, claims or expenses (including legal costs) whether direct, indirect, or consequential howsoever caused (including, without limitation, negligence) suffered or incurred by you arising out of:

• use of, or any inability to use the Website or Forum Service; or,
• the Content of this Website and Forum Service; or,  
• any services offered or made available to you by The Website Operator through any means.

If the Trade Practices Act 1974 (TPA) or any other legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by The Website Operator, and The Website Operator's liability for breach of that condition or warranty may not be excluded but may be limited, the previous paragraph does not apply to that liability and instead The Website Operator's liability for any breach of that condition or warranty is limited to in the case of a supply of services, The Website Operator doing either of the following (at The Website Operator's election):

• supplying similar services as agreed between the parties;
• refund the cost of the services not supplied.

Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

7.         TERMINATION

The Website Operator reserves the right to immediately terminate this agreement or your use of, or access to, the Websites at any time if The Website Operator decides at its sole discretion that you have breached the Terms of Use or any relevant law, rule or regulation or you have engaged in conduct that The Website Operator considers to be inappropriate or unacceptable. All restrictions imposed on you, licenses granted by you and all The Website Operator disclaimers, limitations of liability and indemnities set out in the Terms of Use will survive any termination.

8.         INDEMNITY

The Website Operator relies on your continued observance of these Terms of Use. If The Website Operator suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify The Website Operator for those losses, damages and costs.

9.         MISCELLANEOUS

These Terms of Use will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.

10.       PRIVACY

Please review our Privacy Policy, which also governs your visit to the websites,
All rights not expressly granted herein are reserved.