Apoth Consulting - Website Terms and Conditions of Use
This website is owned and controlled by Apoth Pty Ltd ACN 678 941 403 trading as Apoth Consulting ABN 91 678 941 403 (“Apoth Consulting”, “we”, “us”).
Apoth Consulting provides business advisory and consulting services.
Whenever you access or use this website (or any online platform owned and operated by Apoth Consulting) (“Website”) and in consideration for Apoth Consulting allowing you to access and use the Website, you agree to these Website Terms and Conditions of Use (“Website Terms and Conditions”).
These Website Terms and Conditions of Use form a binding agreement between you and Apoth Consulting and govern your use of this Website.
1. Overview
1.1 This Website has been created and is owned and controlled by Apoth Consulting.
1.2 Apoth Consulting’s Privacy Policy forms part of these Website Terms and Conditions. By agreeing to these Website Terms and Conditions, you also acknowledge and accept the terms set out in Apoth Consulting’s Privacy Policy.
1.3 If, when you access or use this Website, you are acting on behalf of a company, your employer, an organisation, government or other legal entity (“Represented Organisation”), you will also agree to and accept these Website Terms and Conditions on behalf of the Represented Organisation. In doing so:
1.3.1 the Represented Organisation will also be bound by these Website Terms and Conditions;
1.3.2 you warrant to us you are authorised to agree to and accept these Website Terms and Conditions on behalf of the Represented Organisation; and
1.3.3 references to “you” and “your” will include reference to the Represented Organisation.
1.4 The Website Terms and Conditions govern your access to and use of the Website. Whenever you access or use the Website and in consideration for Apoth Consulting allowing you access to or use of the Website, you agree to these Website Terms and Conditions.
1.5 If you do not understand anything in these Website Terms and Conditions or you are unable to comply with any of the terms, you should immediately stop accessing and using the Website.
1.6 We may change these Website Terms and Conditions at any time and at our discretion. By continuing to access or use this Website, you accept these Website Terms and Conditions as they apply, including as updated, from time to time. We encourage you to periodically review these Website Terms and Conditions so you remain informed about the terms (including any updated terms) that govern your use of the Website.
1.7 These Website Terms and Conditions or any part of these Website Terms and Conditions do not constitute any advice or other service.
1.8 You access and use this Website at your own risk and Apoth Consulting takes no responsibility or liability for any loss or damage you may suffer as a result of your access and use of this Website.
2. Booking an Initial Consultation
2.1 Prior to engaging Apoth Consulting to provide services to you, you may wish to book an initial consultation via the Website.
2.2 To book an initial consultation, you must:
2.2.1 be over 18 years of age;
2.2.2 reside in Australia;
2.2.3 provide all of the required details in the online booking form;
2.2.4 if you are acting on behalf of a Represented Organisation, the Represented Organisation must be located in Australia and have a valid ABN;
2.2.5 be capable of entering into a binding agreement with Apoth Consulting; and
2.2.6 agree to these Website Terms and Conditions.
2.3 The purpose of the initial consultation is to answer any questions you may have about the services Apoth Consulting provides and for Apoth Consulting to determine whether it will be able to assist your business.
2.4 Apoth Consulting will not provide any advice to you regarding your business (or any other matter) in the initial consultation.
2.5 Apoth Consulting may, in its sole discretion and for any reason, reject a request to book an initial consultation.
3. Your use of website
3.1 You must only access and use the Website in accordance with:
3.1.1 these Website Terms and Conditions; and 3.1.2 all applicable and relevant laws and regulations.
3.2 You agree not to:
3.2.1 use a false identity or provide false details or information to Apoth Consulting;
3.2.2 use the Website for any other purpose other than for enquiring about Apoth Consulting’s services and reading the information provided on the Website;
3.2.3 send, upload or transmit any illegal information or material, offensive material, viruses, worms, spyware or other similar codes via the Website;
3.2.4 use the Website to cause harm, offence, loss or damage of any kind to any other person;
3.2.5 use the Website in any way that will infringe any third party’s rights;
3.2.6 do anything which will or might affect, cause damage to, disrupt or interfere with the operation and system of the Website;
3.2.7 attempt to derive the source code of the Website or any part of it or reverse engineer any of the systems or technologies used to create or operate the Website;
3.2.8 copy, reproduce, publish, exploit or use any part of the Website for the purpose of creating or operating an online platform similar to the Website or for any other purpose other than as expressly permitted under these Website Terms and Conditions;
3.2.9 use the Website in a way that might cause damage or loss to Apoth Consulting or affect its brand or reputation;
3.2.10 use the Website for commercial purposes;
3.2.11 violate or breach any of these Website Terms and Conditions or any laws which relate to them;
3.2.12 use the Website in anway that causes or might cause loss or damage to Apoth Consulting; or
3.2.13 allow or assist anyone else to carry out the abovemntioned acitivities.
3.3 You agree to indemnify and keep indemnified Apoth Consulting (and each of the officers, employees, agents, contractors, suppliers and licensors of Apoth Consulting) in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by it arising (in whole or part) out of your breach of or failure to comply with any of these Website Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Website Terms and Conditions (on the part of you or any of your officers, employees, agents, contractors, suppliers and licensors).
4. Your Obligations
4.1 When using or accessing the Website, you must:
4.1.1 compy with theses Website Terms and Conditions;
4.1.2 comply with any reasonable requests from Apoth Consulting from time to time;
4.1.3 provide Apoth Consulting with all necessary information as requested from time to time; and
4.1.4 comply with any applicable law, regulation or generally accepted practices.
4.2 You warrant:
4.2.1 you will only use the Website to enquire about Apoth Consulting’s services and read the information provided on the Website;
4.2.2 you will comply with these Website Terms and Conditions and will notify Apoth Consulting as soon as you are aware you have not or may not have complied with your obligations uder these Website Terms and Conditions; and
4.2.3 you will not act in any way when using the Website that may cause loss or damage to Apoth Consulting.
5. Your Content
5.1 When you access or use the Website, you grant Apoth Consulting an unlimited royalty-free perpetual licence to use (in any way) any content you transmit via the Website including, without limitation, any text, audio and or video files, images or pictures in accordance with these Website Terms and Conditions.
5.2 All personal information you submit to the Website will be dealt with in accordance with Apoth Consulting’s Privacy Policy.
5.3 You warrant the content you upload to the Website:
5.3.1 is true and correct to the extent that it relates to you;
5.3.2 will comply with these Website Terms and Conditions;
5.3.3 will not be illegal or of an unlawful nature;
5.3.4 will not give rise or be capable or resulting in an infringement of any third party’s rights or a legal proceeding; and
5.3.5 has not been subject to any legal proceeding or dispute.
5.4 You agree to indemnify and keep indemnified Apoth Consulting against any claim, loss, damage, costs and/or expenses that Apoth Consulting may suffer or incur in relation to or arising out of the content you upload to the Website.
5.5 Apoth Consulting reserves the right, and you acknowledge Apoth Consulting’s right, to remove or alter any content that you submit to the Website.
6. Services Agreement
6.1 These Website Terms and Conditions do not govern the agreement between you and Apoth Consulting with respect to Apoth Consulting providing services to you.
6.2 If you decide you wish to engage Apoth Consulting to provide services, you will be required to enter a separate Services Agreement with Apoth Consulting.
6.3 The Services Agreement will govern the agreement between you and Apoth Consulting regarding its provision of services and will include, without limitation, terms relating to the scope of services provided by Apoth Consulting, service fees payable by you, termination rights of the parties and the parties’ rights and obligations with respect to the arrangement.
7. Intellectual Property
7.1 Apoth Consulting owns the Website and all of the contents of and intellectual property relating to the Website. This includes (without limitation) all intellectual property rights in the text, information, graphics, logos, business/trading names, design, layout, downloads, pricing, software, products and services provided by Apoth Consulting.
7.2 Nothing in these Website Terms and Conditions or your use of the Website has the effect of transferring, assigning, licensing or otherwise transferring any of Apoth Consulting’s intellectual property (or any intertest in the intellectual property) to you.
7.3 You must not, without the prior written permission of Apoth Consulting (and the consent of any other third-party owner), broadcast, republish, reproduce, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Apoth Consulting’s intellectual property or third-party content for any purpose.
7.4 You agree to indemnify and keep indemnified Apoth Consulting against any claim, loss, damage, costs and/or expenses Apoth Consulting may suffer or incur in relation to or arising out of any breach by you of Apoth Consulting’s intellectual property rights.
8. Cookies
8.1 As part of the normal operation of this Website, your internet browser will be sent a "cookie" or “cookies” (a temporary internet file). This cookie enhances the Website’s functionality. By itself, this cookie can only identify your computer to Apoth Consulting’s server and allows us to track your use of the Website. It is not used to identify you personally.
8.2 In some instances, cookies may collect and store personal information about you. Such personal information will only be used by Apoth Consulting in accordance with these Website Terms and Conditions.
8.3 If you do not wish to use the cookies, you can amend the settings on your internet browser so it will not automatically download cookies. If you remove or block cookies on your computer, your browsing experience and our Website’s functionality may be affected.
9. Liability and Disclaimer
9.1 To the maximum extent permitted by law, Apoth Consulting (including its officers, employees, agents, consultants, licensors, partners and affiliates) will not be liable to any person or entity (including you) for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with:
9.1.1 these Website Terms and Conditions;
9.1.2 your use of the Website;
9.1.3 your use of service provided from Apoth Consulting;
9.1.4 the use or reliance on information, including any publication, contained on or linked to from this Website; or
9.1.5 the contents of any website referred to on, or linked to from this Website.
9.2 The content on the Website, including blogs or articles, does not constitute advice of any nature.
9.3 Any client or customer reviews posted on the Website are opinions of the author and do not constitute a representation or promotion of the quality of services you will receive from Apoth Consulting.
9.4 Apoth Consulting does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
9.5 Apoth Consulting does not warrant that:
9.5.1 this Website is fit for your intended purpose;
9.5.2 this Website will be free from errors, viruses or other harmful elements;
9.5.3 this Website will be accessible at all times;
9.5.4 this Website will be to able to satisfy all of you needs and requirements;
9.5.5 the quality of any goods, services, products, information or other material purchased or obtained through this site will meet any particular requirements or expectations; and
9.5.6 The content of the Website is not comprehensive and is for general information purposes only, and does not constitute advice.
9.6 Nothing in these Website Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.
9.7 If any law implies a condition or warranty into these Website Terms and Conditions which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service or goods again or the payment of the cost of having that service resupplied.
9.8 You agree to release Apoth Consulting (including its officers, employees, agents, consultants, licensors, partners and affiliates) from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person.
9.9 You agree to indemnify and keep Apoth Consulting (including its officers, employees, agents, consultants, licensors, partners and affiliates) indemnified against any claim, loss, damage, costs and/or expenses you may suffer or incur in relation to your use of any product, service or good you purchase from Apoth Consulting via this Website.
10. Privacy Policy
Apoth Consulting’s Privacy Policy forms part of these Website Terms and Conditions. By accessing the Website, you agree to Apoth Consulting’s Privacy Policy. A copy of the Privacy Policy can be found here.
11. Complaints
11.1 If you have a complaint in relation to use of the Website, you may contact us via email at hello@apoth.com.au
11.2 In relation to complaints against Apoth Consulting:
11.2.1 you must notify us of the details of the complaint as soon as possible;
11.2.2 a representative of Apoth Consulting will contact you to discuss your complaint;
11.2.3 if your complaint is not resolved in your discussion with a Apoth Consulting representative, the matter will be referred to an independent third party as agreed between the parties or, in the absence of agreement, an independent party selected by the Law Institute of Victoria;
11.2.4 the parties will be bound by the decision of the selected expert with respect to the complaint; and 11.2.5 the parties will share the costs of engaging the expert equally.
12. Governing Law
The laws of in Australia govern these Website Terms and Conditions, as applicable, and you agree to submit to those laws and their exclusive jurisdiction, including the courts of Victoria in Australia, in your use of this Website and these Website Terms and Conditions.
13. Severability
If any of these Website Terms and Conditions are held to be invalid or unenforceable, then the validity and enforceability of the remaining Website Terms and Conditions will not be impacted.
14. Force Majeure
To the extent permitted by law, Apoth Consulting will not be liable for any failure to observe or perform any of our obligations for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, pandemics, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
15. Contact
Please contact us at hello@apoth.com.au if you have any queries with respect to these Website Terms and Conditions