Terms of Use

Effective Date: 12th March 2022

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TERMS AND CONDITIONS

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These terms and conditions (hereinafter "Terms") govern Your use of the following website (hereinafter referred to as "the Product"): emergentco.com.au.

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The Product is owned and operated by: Emergent Consulting Pty Ltd (ACN 608733679).

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These Terms constitute a binding contract between You and Emergent Consulting Pty Ltd (ACN 608733679).

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In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods, or services. In these Terms, we refer to all of these items collectively as "the Items."

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These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.

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By continuing to use the Product, You acknowledge that You have had the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by them.

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If You do not understand the Terms, do not agree to be bound by them, or need more time to review and consider the Terms, then You must stop using the Product immediately.

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1. DEFINITIONS

  • "Australian Consumer Law" means the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Commonwealth).
  • "Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, and Materials, as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product, Content, and Materials.
  • "Content" means any content, writing, images, audiovisual content, or other information published on the Product.
  • "Contract" means these Terms and Conditions.
  • "Dispute" means any dispute, controversy, or claim arising out of or in relation to these Terms, including any dispute, controversy, or claim relating to the existence, validity, or termination of these Terms.
  • "Effective Date" means the date that these Terms come into force.
  • "Identifying Information" means information provided by You when registering to use the Items, including but not limited to Your name, email address, user name, and password.
  • "Items" means any and all of the Product, Services, Content, and Materials collectively.
  • "Materials" means any materials, information, or documentation that We may provide to You in connection with Your use of the Services or Product.
  • "Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
  • "Product" means the website, including all pages, subpages, blogs, forums, and all other connected content, with the homepage located at: emergentco.com.au.
  • "Services" means any or all services provided by or on the Product.
  • "Terms" means these Terms and Conditions.
  • "Third Party Links" means links or references to websites or applications other than the Product, which We do not control.
  • "Us", "We", "Our", "the Company", or "the Owner" refers to Emergent Consulting Pty Ltd and includes any employees, affiliates, agents, or other representatives of Emergent Consulting Pty Ltd.
  • "You" or "Your" refers to the user of the Product.
  • "Your Content" means any Content posted to or added to the Product by You or someone authorized by You.

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2. INTERPRETATION

In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

  1. Words referring to one gender include every other gender.
  2. Words referring to a singular number include the plural, and vice versa.
  3. Words referring to a person or persons include companies, firms, corporations, and organizations.
  4. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

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3. YOUR AGREEMENT AND REPRESENTATIONS

  1. By continuing to use the Product and the Items, You warrant and acknowledge that You have reviewed, understood, and agreed to be bound by these Terms. If You do not agree, You must stop using the Items immediately.
  2. You represent and warrant that You have the legal capacity to enter into these Terms.
  3. You represent and warrant that You have complied with all of these Terms.

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4. LICENCE TO USE PRODUCT, CONTENT, AND MATERIALS

  1. We may provide You with certain Items in connection with Your use of the Product.
  2. Subject to these Terms, We grant You a non-exclusive, limited, non-transferable, worldwide, and revocable licence to use the Product, Content, and Materials solely in connection with Your use of the Items.
  3. This licence terminates upon Your cessation of use of the Items or upon termination of this Contract.

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5. SALE OF GOODS/SERVICES

  1. We may sell Services or allow third parties to sell Services on the Product.
  2. Specific exclusions of liability apply, as described in the "Exclusion of Liability" clause.
  3. Additional terms and conditions for the sale of Services may apply.

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6. EXCLUSION OF LIABILITY

  1. The Product, Content, and Materials are provided for general information only and may change at any time without notice.
  2. You acknowledge that the Items may contain mistakes, errors, or inaccuracies and that Your use of them is at Your own risk.
  3. To the maximum extent permitted by law, We exclude all warranties, guarantees, representations, and liabilities.
  4. We are not liable for any damage, loss, cost, or expense incurred by You in connection with Your use of the Items.
  5. For Third Party Goods and Services:
    • We have no control over them, and You purchase them at Your own risk.
    • We provide no warranties or guarantees regarding their accuracy, completeness, performance, or legality.
    • Any claims must be pursued directly with the third-party provider.
    • To the maximum extent permitted by law, You release Us from any claim related to Third Party Goods and Services.

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7. NO PROFESSIONAL ADVICE

  1. Information provided on the Product is for informational purposes only and does not constitute professional advice.
  2. You acknowledge that any reliance on such information is at Your own risk and should be evaluated with Your professional adviser.

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8. INDEMNITY

  1. You agree to indemnify and hold Us harmless against any claims, suits, liabilities, costs, and expenses arising from Your use or misuse of the Items.
  2. We reserve the right to select Our own legal representation and participate in legal proceedings if necessary.

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9. TERMINATION

  1. We may terminate these Terms at any time, with or without cause.
  2. These Terms terminate automatically if We cease to operate the Product.
  3. If You have an account, You may terminate these Terms by contacting Us.
  4. Provisions such as "Exclusion of Liability" shall survive termination.

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10. VARIATION OF TERMS

  1. These Terms may be varied or amended from time to time in Our sole discretion.
  2. You agree to monitor these Terms and review the Effective Date for updates.
  3. Failure to monitor modifications constitutes a waiver of Your right to review them.

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11. VARIATION OF TERMS

You can contact us about these Terms using the following details:

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Phone: +61 1800 849 166

Email: hello@emergentco.com.au

Postal: 9 Claxton Street, Adelaide SA 5000 Australia

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