Escalate Consulting – Terms and Conditions

Introduction

The Escalate Consulting website (Website) You are about to access is operated by Escalate Consulting Pty Ltd ACN 639 861 420 (Escalate Consulting, We, Us, Our). Your access to the Website and the data and information available on this Website (Content) is conditional upon Your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Escalate Consulting reserves the right to amend the Terms of Use at any time. Each user (You, Your) agrees to these Terms of Use by accessing the Website.

 

Your obligations

You must use the Website in a responsible manner. You must not:

  • use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
  • use the Website to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website;
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts; and
  • use the Website in any manner which is prohibited by the Terms of Use, use the Website for any unlawful purpose, or in any manner, which violates any right of Escalate Consulting (or an associated entity), another user of the Website, or any other third party.

 

Copyright and trade mark notice

The material on the Website, the software, design, text and graphics composed in the Website and the selection and layout of the Website are owned by or licensed to Escalate Consulting and protected by Australian and international laws. The Website does not grant You a licence nor act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner. You may view the Website and its Content using Your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of Your web browser.

You may print, copy, download and view materials on the Website subject to:

  • the material being used in a manner reasonably anticipated by Escalate Consulting;
  • the material being used exclusively for a non-commercial, personal use; and
  • the material not being modified in any way.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content of the Website in any way except as expressly provided for by Escalate Consulting in these Terms of Use.

 

Links to or from other websites

Certain pages of the Website may contain links to external websites. Such links are for the convenience of users only. Escalate Consulting accepts no responsibility for or liability in respect of the content of those websites. Escalate Consulting should not be taken as having reviewed or approved such websites or their content, nor does Escalate Consulting warrant that any links to such websites work or are up to date. Escalate Consulting cannot guarantee that an external website is free of viruses and therefore accepts no responsibility for any virus which may be obtained as a result of visiting those websites.

The use of any such links to external websites is entirely at the user’s own risk.

 

Information does not represent professional advice

You acknowledge and agree that information published by Escalate Consulting is intended to provide general information only which may or may not be applicable to Your particular circumstances. You agree to access the information at Your own risk and Escalate Consulting is not liable to You for the content of the information or any reliance by You on that information.

In no event will Escalate Consulting be liable to You or anyone else for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Website.

 

Indemnity

By using the Website, You agree to irrevocably indemnify Escalate Consulting from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract, including and without limitation, negligence) arising out of or in any way connected to Your use of the Website or any action(s) You have taken, done or pursued in reliance upon, as a result of or in any way connected with the information You have accessed or been provided with through Your use of the Website.

 

Disclaimer

Legislation such as the Competition and Consumer Act 2010 (Cth) and/or other similar consumer protection laws and regulations in other states or territories may give You rights and remedies relating to the provision of goods or services to You by Escalate Consulting via the Website which cannot be excluded, restricted or modified (Your Statutory Rights). Escalate Consulting excludes all conditions and warranties implied by custom, law or statute except for Your Statutory Rights.

Except for Your Statutory Rights, in respect of the Website:

  • all material on the Website is provided to You without warranties of any kind, either express or implied;
  • Escalate Consulting expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

To the extent permitted by law, including but not limited to any act or omission on the part of Escalate Consulting, Escalate Consulting will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by You or claims made against You which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that Escalate Consulting does not exert control over users of the internet and is not liable for damage suffered by You, either directly or indirectly, because of You accessing the Website.

The information contained on the Website is provided in good faith, however Escalate Consulting gives no representation or warranty in respect of all information You may access by Your use of the Website and all such representations and warranties regarding any information available through the use of the Website, whether express or implied, are excluded.

No liability is accepted by Escalate Consulting for any loss or damage which may arise out of any person relying on or using any information on the Website. Escalate Consulting shall not be liable to any person relying on or using any such information for:

  • loss of revenue; loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of, or damage to, employment prospects; loss of opportunity; loss of anticipated savings; loss of business; loss of goodwill; loss of, or damage to, reputation; loss of, or corruption to, data; legal and other professional fees and expenses; or
  • any indirect or consequential loss or damages however caused (including, without limitation, by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of the Website. However, nothing in the above shall limit or exclude Escalate Consulting’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

You agree fully to indemnify Escalate Consulting and keep Escalate Consulting fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by You of the Website.

 

No warranty

We take all reasonable care in compiling the Content. However, the Content is provided “as is” and We do not warrant or represent that it is complete, current or free from errors or omissions.

We cannot screen all content provided on the Website and the information provided on any open discussion site or forum available through this Website. We do not assume any responsibility for the content of any open discussion site or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable content contained in this Website.

We provide Our services and products with reasonable care and skill and endeavour to ensure availability of Our services and products and access to this Website. However, the availability of Our services and products and access to this Website may be interfered with by numerous factors, including those outside Our control (such as malfunction in equipment or software, internet access difficulties, or delay or failure of transmission). Accordingly, We do not warrant or represent that Our services and products and/or Your access to this Website or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.

If You become aware of any inaccuracies or omissions ion the information on this Website We would be grateful if You could bring this to Our attention by emailing us at admin@ellemwarren.com.au.

 

No responsibility for the security of Your information

Escalate Consulting takes all due care in ensuring the privacy and integrity of the information You provide via the Website. However, the possibility exists that Your information could be unlawfully observed by a third party while in transit over the internet, or while stored on Escalate Consulting’s systems (including servers) or on the Website. Escalate Consulting disclaims all liability to You to the greatest extent possible pursuant to law should security or integrity of Your information be jeopardised.

 

Use of intellectual property and information

Escalate Consulting welcomes ideas and feedback from You about all aspects of the Website. You agree that Escalate Consulting may use, reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that You submit to any public areas of the Website or by email to Escalate Consulting. (Please read the Escalate Consulting Privacy Policy for more information as to how We store and treat information You send to Us).

 

Other policies

The Escalate Consulting Privacy Policy forms part of the Terms of Use. By agreeing to those Terms of Use and using the Website, You also agree to the terms set out in that policy.

 

Termination, suspension and limitation of Your access – material breach by You

We may suspend, terminate or limit Your access to this Website at any time if You are in material breach of these Terms and:

  • We have told You in writing of Your breach and You have failed to remedy it within 14 days of us telling You; or
  • the breach is something which cannot be remedied (in which case We can cancel the service immediately by telling You).

 

Our other rights to terminate, suspend or limit Your access

We may suspend, terminate or limit Your access to this Website with as much warning as We reasonably can, if:

  • We reasonably believe that there is a real risk of loss or damage to Us or another if We do not suspend, terminate or limit Your access to this Website;
  • the law requires us to do so;
  • We believe on reasonable grounds that providing You with access to this Website or to the Content is illegal or may become illegal; or
  • there is an emergency.

 

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of Queensland and You agree to submit to the jurisdiction of the courts of Queensland in relation to any dispute regarding these Terms of Use.

If any of the terms of Use are found to be unenforceable under Queensland law, this will not affect the remainder of the Terms of Use. Events outside Escalate Consulting’s control will not be a breach of Escalate Consulting’s obligations under these Terms of Use to the extent that any failure or delay in performing its obligations occurs because of an event or circumstance outside of Escalate Consulting’s reasonable control including, without limitation, any act of God; war and other hostilities; fire; flood; strikes; lock-outs; delays in transport; breakdowns in machinery; or restrictions or prohibitions or any other acts by any government or semi-government authority.

You agree to Escalate Consulting using the information provided by You via Your use of the Website for purposes of its ongoing reporting requirements to relevant Federal Government and State Government agencies or departments.

Escalate Consulting relies upon Your continued observance of the Terms of Use. In the event that Escalate Consulting suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, You agree to indemnify Escalate Consulting for those losses, damages and costs.
All rights not expressly granted in the Terms of Use are reserved.

If Escalate Consulting does not act in relation to a breach of the Terms of Use by You, this does not waive Escalate Consulting’s rights to act with respect to subsequent or similar breaches of the Terms of Use by You.