pertaining to the use of this website.
This is a legal agreement between you, as a user of this Website, ("You") and S2m Executive of L7, 280 George St, Sydney NSW 2000 Australia ("We" or "Us"). The agreement governs use by You and any of your employees ("Permitted Users") of the information, documents and other materials provided by Us on this Website (the "Service")
- Your use of the service
Unless otherwise notified, your Permitted Users may use the Service to view, download to a local drive and print parts of the Service, provided that:
all printed and electronic copies of data or information from the Service must contain the copyright notice:
© 2007 S2m Executive. All rights reserved.
You may not make any other use of the Service without our prior written permission. In particular, neither You nor your Permitted Users may:
Copy, distribute or reproduce the Service in whole or in part.
Incorporate any material from the Service in any other work, publication or website.
Licence or sell the Service or otherwise make a profit on its use.
Some parts of the Service may contain information on which we may wish to place special restrictions as to access and/or use ("Restricted Data"). These restrictions will be notified to each Permitted User when the Restricted Data is accessed. Once the restrictions have been notified to a Permitted User, You and your Permitted Users will be deemed to accept these restrictions if your Permitted Users continue to access or make any further use of the Restricted Data.
2. Purpose of the service
The Service is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). Accordingly, the information in this document is not intended to constitute accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect Your business, You should consult a qualified professional advisor.
You acknowledge that no professional relationship of any nature is created by your use of the Service or any correspondence or communication with Us relating to the Service.
3. Links to third party websites
The Service contains links to third party websites over which We have no control. We make no representations or warranties as to the accuracy or legality of the contents of third party websites and use of these websites is at your own risk.
4. Amendments to this agreement
We may at any time vary or amend these terms and conditions. In particular, we reserve the right to introduce charges for access to the Service.
If your Permitted Users continue to use the Service, You and your Permitted Users will be deemed to have accepted those changes.
5. Changes or interruptions to the service
We will endeavour to give You reasonable notice of any alterations or changes which are likely to affect your Permitted Users' use of the Service by posting an appropriate notice on the website. However, we reserve the right to amend the content or presentation of the Service without notice.
We are not responsible for the availability of, access to, and links from the Service and You should ensure that you have software and hardware which are capable of effectively accessing this service via the your internet service provider. You are advised to use appropriate anti virus software.
Whilst We will take all reasonably practicable steps to maintain the continuity of this service, We accept no liability for any suspension, interruption, temporary unavailability or fault occurring in this service.
6. Intellectual property
All intellectual property rights in data, documents, compiled movies or other material contained in the Service or in any other documentation or software provided to the user in connection with this service are owned by S2m or S2m Executive (S2M) or one of S2M’s national practices or other interested parties. Your rights to use these intellectual property rights are limited to the permitted use of the Service as set out in these terms.
"S2m Executive", "s2m", the S2m Executive logos (and any of the foregoing used in any combination), product names and all page headers, footers and icons are trademarks or registered trademarks of S2m Executive (S2M). All other product names mentioned are the trademarks of their respective owners.
7. Liability
The Service is provided on an "as is" and "as available" basis, and We expressly disclaim all conditions, warranties and representations expressed or implied by statute, common law or otherwise.
Use of the Service is at Your own risk. Subject to paragraph 8.3 below, neither We, nor S2m Executive (S2M), nor any of S2M’s National practices or affiliates, or any directors, managers, or employees of any thereof will be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of the Service.
Nothing in these terms shall operate to exclude or restrict Our liability for death or personal injury resulting from negligence, fraud, or where such exclusion or restriction would not be permitted by law. 4. You agree to indemnify Us against all costs, claims, losses or expenses incurred by or made against Us as a result of any breach by You or a Permitted User of the terms of this agreement.
8. Confidentiality
All information relating to the nature, scope and pricing of the Service, excluding information that becomes publicly known other that as a result of breach by You or your Permitted Users of this Agreement ("Confidential Information"), is confidential to S2m Executive.
You shall not use or disclose (and shall ensure that no Permitted Users disclose) any Confidential Information to any other person outside your organisation except where required by law, a court of competent jurisdiction or by a regulatory authority, in which case you shall notify Us of such disclosure as soon as practicable.
9. Liability
If You breach any of the terms of this agreement, We may terminate this agreement immediately. .
On termination of the Agreement for whatever reason your Permitted Users shall immediately cease using the Service.
Termination of this agreement shall be without prejudice to the right to enforce any right which arose prior to termination.
Clauses 3.2, 8, 9, and 10.5 shall remain in effect even though the agreement has been terminated.
S2m Executive is takes no responsibility for any damage which may be caused by any files which have been uploaded/downloaded to this site by clients or public users not employed by S2m Executive.
10. General
This agreement constitutes the entire agreement and supersedes any previous agreements between You and Us relating to the subject matter of the agreement.
You may not assign this agreement without written permission from Us.
If any of the terms set out above is found to be unenforceable, the remainder of the terms shall continue to apply.
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this agreement.
These terms and conditions shall be construed in accordance with the Laws of Australia and You agree to submit to the exclusive jurisdiction of the Australian Courts.
