1.1 Accepting this Agreement
(a) By using the Website, you agree to comply with and be bound by the terms and
conditions of this Agreement. These terms govern your access to and use of the
Website and the Service.
(b) If you do not agree to these terms, you have no right to obtain information or
otherwise continue using the Website or the Service.
(c) These terms are binding on any use of the Website and apply from the time you first
access the Website.
(d) It is your obligation to ensure that you have read, understood and agree to the most
recent terms available on Website.
(e) By using the Service you acknowledge that you have read and understood this
document and have the authority to act on behalf of any person for whom you are
using the Service for. You are deemed to have agreed to this agreement on behalf of
any entity for whom you use the Service for.
(f) We may amend this Agreement at any time by posting with 30 days notice the new
terms and conditions on the Website, unless otherwise stated in this Agreement.
1.2 Contacting us
Please email us at [[email protected]amilton.com.au] if you have any questions relating to these terms and conditions.
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions
used in the Agreement have the following meanings:
Account means an online account to use the Services.
Agreement means this document and any additional policies available on the Website.
Data means any material including documents, information or data provided by you to us by
way of the Website.
Fee means any amount payable by you as prescribed by us for access to the Services or
Intellectual Property Right means all present and future rights conferred by statute,
common law or equity (and all moral rights) in or in relation to business names, circuit layouts,
computer software, confidential information, copyright, designs, domain names, formulas,
inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of
intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of
any application to register such a right and the benefit of any renewal or extension of such a
Non Excludable Condition means any guarantee, condition or warranty (such as the
consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which
cannot by law be excluded.
Privacy Law means:
(a) the Privacy Act 1988 (Cth); and
(b) any code registered under the Privacy Act or Australian PrivacyPrinciples.
time to time.
Posted Content means all information, documents, graphics, HTML, text, software and
materials which is uploaded by you to the Website.
Room means the room or space made available by skinnerhamilton to you for a Fee.
Service means any service provided by us by way of the Website.
Term means the period of time that you hold an active Account.
You means a person or entity using the Services.
Us, We, Our or skinnerhamilton means Skinner Hamilton Pty Ltd ACN 128 117 340.
Website means the website located at www.skinnerhamilton.com.au.
3.1 Information Purposes Only
(a) All information available on the Website is for informational purposes only, and is to
be used or relied on at your own risk.
(b) We make no warranty or representations as to the accuracy of the information.
3.2 Earning Disclaimer
(a) You acknowledge and agree that;
(i) any income or earning statements published on the Website are estimates
only and your use and reliance on a statement is at your own risk;
(ii) we make no guarantees as to your income or earnings at any time; and
(iii) testimonials are statements or opinions made by third party and we have not verified the accuracy of those statements or opinions. In the event a testimonial makes reference to earnings, you acknowledge that the testimonial is not a guarantee or assurance that you will earn an income of the same or similar amount.
3.3 Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the content of any third party website or any hyperlink contained in a third party website. We provide the
hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third party website or the products or services offered at a third party website. Your visit to a third party website is entirely at your own risk.
3.4 Services not locally available
You acknowledge and agree that the Website will only be accessible using the Internet (or other connection to our third party servers), and will not be available “locally” from your own servers.
3.5 Parts of the services controlled by third parties
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
3.6 skinnerhamilton can Change the Website at Discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the Website including the Services at our sole and
3.7 Data storage with third party
We may subcontract the storage of any Data to a third party (or multiple third parties) without
notification to or consent from you.
3.8 Unintentional inaccessibility
From time to time, without notice, access to all or part of the Website and/or Services may be
disrupted or limited. During such an interruption, we will use reasonable endeavours to
restore access to the Services as soon as practicable.
3.9 Intentional inaccessibility
We reserve the right, with 5 days notice, to make some or all of the Services inaccessible
from time to time as is required for upgrades, maintenance and updates. [TBC]
(a) You acknowledge and agree that there may be technical or administrative errors in
the information on the Website, including but not limited to errors with respect to
product description, pricing and availability.
(b) We reserve the right to do any of the following, at our absolute discretion, without
(i) change any price;
(ii) correct any errors in the Website including the Services; or
(iii) update the Website including the Services;
3.11 Security Responsibilities
We will take reasonable steps to ensure that the Website is secure from unauthorised access
consistent with generally accepted industry standards in our industry.
4. Secure Area
4.1 Account Types
You acknowledge and agree that to receive the benefit of the Services, you may be required
to create an Account with us.
The Term for an Account begins when you sign up to use the Service and continues until:
(a) you cancel your Account; or
(b) your Account is suspended by us in accordance clause 7.3 or cancelled by us in
accordance with clause 13.1
4.3 Provision of Information
You agree to provide any information reasonably requested by us for the purpose of setting
up your Account and operating the Service. You warrant that:
(a) all of the information that you provide to us is accurate and complete in all respects;
(b) you will inform us by updating your Account details whenever any such information
4.4 Declining Your Account
We reserve the right to reject any new Account in our absolute discretion.
4.5 Security Responsibilities
You are solely responsible for:
(a) keeping any usernames and passwords associated with your Account for the
Services secure; and
(b) the use of your Account, irrespective of who is using it, even if it is used without your
4.6 Posted Content
(a) In respect of Posted Content, you warrant that you will not upload content:
(i) in breach of the Intellectual Property Rights of any third party;
(ii) in breach of any law under the Privacy Act 1988 (Cth);
(iii) affected by any computer virus or malicious code;
(iv) connected with “spam” or the process of “spamming”;
(v) which is false, defamatory, misleading or otherwise deceptive in any way;
(vi) which is financial, legal, medical or other professional advice;
(vii) that is likely to offend, insult or humiliate based on race, religion, ethnicity,
gender, age, sexual orientation; or
(viii) in breach of any other clause of this Agreement;
(b) You agree that any comments or opinions that you express will be fair, accurate and
genuinely held at the time of communication.
4.7 Responsible for Posted Content
We make no warranties as to the accuracy of any Posted Content, and will accept no liability
for errors or omissions in general.
4.8 Right to Suspend
We reserve the right to:
(a) limit or suspend your access to the Services; and
(b) remove Data or Posted Content uploaded to the Services by you,
if in our reasonable opinion, you are in breach of any of the obligations or undertakings listed
in this clause Error! Reference source not found..
5. Room Hire
5.1 Use of Room
(a) You acknowledge and agree that use of a Room is to be used commercial purposes
only otherwise agreed in writing between the parties.
(b) You acknowledge that the Room may include access to equipment such as
televisions and telephones which you may use. In the event that you require
additional equipment, it is your responsibility to acquire and set-up the additional
(a) You are solely responsible for all guests and must ensure that all invitees and guests
comply with this Agreement.
(b) The total number of guests permitted in the Room must not exceed the maximum
occupancy numbers as advised by us from time to time.
5.3 Enjoyment and respect of others
You must keep noise levels reasonable and must not cause a nuisance or be offensive.
You are liable for any additional cleaning costs if the Room is left in an unclean state.
You will be liable to reimburse us for any damage done to the Room or included equipment.
6.1 Invoices and Payment
We will invoice you the Fee, and you must pay for the invoice by the due date as stated on
6.2 GST Wording
Words defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the
same meaning in this clause.
7. Lawful use of the Website
7.1 Lawful Use
(a) not to upload, store or access any data on the Services if such access or storage
(i) breach any Intellectual Property Right;
(ii) breach any Privacy Law; or
(iii) breach any other law or applicable code (including any common law, statute,
delegated legislation, rule or ordinance of the Commonwealth, or a State or
7.2 Prohibited conduct
You must not:
(a) providing false or misleading information;
(b) 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;
(c) in any way tamper with, hinder or modify the Website;
(d) knowingly transmit any viruses or other disabling features to the Website or via the
(e) not to intentionally disable or circumvent any protection or disabling mechanism
related to the Website;
(f) not to install or store any software applications, code or scripts on or through the
(g) not to use the Website in any way which could be reasonably expected to interfere
with or damage our' network, any other operator's network, or another user's
enjoyment of the Website include the Services;
(h) attempt any of the above acts or facilitate or assist another person to do any of the
7.3 Right to Suspend
We reserve the right to:
(a) limit or suspend your access to the Services; and
(b) remove data or content uploaded to the Services you,
if in our reasonable opinion, you are in breach of any of the obligations or undertakings in this
(a) You agree and consent to the handling of Personal Information in accordance with
9. Intellectual Property
9.1 Ownership of Data
You will at all times during the course of the Agreement be the exclusive owner of the
Intellectual Property Rights in the Data.
9.2 License over data
You grant us a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable,
fully paid up and royalty-free right to copy, prepare derivative works of, improve,
distribute, publish, remove, retain, add to, process, analyse and use and commercialise, in
any way now known or in the future discovered (subject to the Privacy Act), any Data.
9.3 Provider intellectual property
We own or have a licence to use the Intellectual Property Rights in the Website including the
Services, and in any circumstances where we does not automatically have such ownership,
you will transfer it to us and will do all things necessary to ensure that full legal ownership of
the Intellectual Property Rights in the Website passes to us.
9.4 Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom it has
effective control to do so:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the Website
in any way, except to the extent that reproduction occurs automatically through the
ordinary use of the Services in accordance with the Agreement;
(b) incorporate all or part of the Website in any other webpage, site, application or other
digital or non-digital format;
(c) (subject to other rights explicitly granted under the Agreement) sell, license,
sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third
party, whether for profit or without charge, any portion of the Website on any medium;
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain,
modify or use any source or object code, architecture, or algorithms contained in the
Services or any documentation associated with them.
We make no warranties or guarantees:
(a) that the Website including the Services and Rooms are of acceptable quality and
fitness for a particular purpose;
(b) we do not warrant or make any representation regarding your access to, or the
results of your access to, the Website including its correctness, accuracy, timeliness,
completeness, reliability or otherwise.
11. Limitation of Liability
11.1 Implied Conditions
We exclude all implied guarantees, conditions and warranties from this Agreement and
except any Non Excludable Condition.
11.2 Limitation of Liability
We exclude all other liability for any costs, including consequential loss, suffered or incurred
directly or indirectly by you in connection with this Agreement, including in connection with:
(c) the Website or Room being inaccessible for any reason;
(d) incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
(e) computer virus, trojan and other malware in connection with the Website;
(f) security vulnerabilities in the Website or any breach of security that results in
unauthorised access to, or corruption of data;
(g) any unauthorised activity in relation to the Website including the Services;
(h) your breach of this agreement; or
(i) any act or omission by you, your personnel or any related body corporate under or in
relation to this agreement.
11.3 Non Excludable Condition
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under
the law, we limit our liability for any breach to:
(a) in the case of goods:
(i) the re-supply of the goods or payment of the cost of the re-supply of the
(ii) the replacement or repair of the goods or payment of the cost of replacement
or repair of the goods; and
(b) in the case of services:
(i) the resupply of the services; or
(ii) the payment of the cost of having the services resupplied.
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and
related bodies corporate against all costs suffered or incurred by us, however caused, arising
wholly or partially, directly or indirectly, in connection with this agreement or your use of the
Website including the Services and Room, including any costs arising directly or indirectly
(c) your breach of this agreement;
(d) you or any authorised user infringement of any third party intellectual property rights
while using the Website;
(e) any harm to, claim or action by a third party arising directly or indirectly from your use
of the Website; or
(f) your breach of any privacy laws.
(a) On cancellation of your Account:
(i) this Agreement will come to an end (that is, it terminates);
(ii) your access to the Services will stop.
(b) We may end this Agreement immediately if in our reasonable opinion you are in
breach of this Agreement.
(c) We may, but are not obliged to, keep any Data from your Account and it is your
responsible to obtain your Data prior to terminating the Agreement.
14. General and interpretation
We may assign, encumber, declare a trust over or otherwise create an interest in its rights
under this document without your consent, and may disclose to any potential holder of the
right or interest any information relating to this document or any party to it.
14.2 Liability for expenses
Each party must pay its own expenses incurred in negotiating, executing, stamping and
registering this document.
14.3 Liability for expenses
Each party must pay its own expenses incurred in negotiating, executing, stamping and
registering this document.
Nothing in this Agreement is intended to create or be construed as creating a relationship of
agency, joint venture or partnership between any of the parties. Unless expressly stated in
this Agreement, no party may act as agent of or in any way bind another party to any
14.5 Multiple Parties
If a party to this Agreement is made up of more than one person, or a term is used in this
Agreement to refer to more than one party:
(a) an obligation of those persons is joint and several;
(b) a right of those persons is held by each of them severally; and
(c) any other reference to that party or term is a reference to each of those persons
separately, so that (for example) a representation, warranty or undertaking is given by
each of them separately.
14.6 Operation of this document
(a) This document contains the entire agreement between the parties about its subject
matter. Any previous understanding, agreement, representation or warranty relating
to that subject matter is replaced by this document and has no further effect.
(b) Any right that a person may have under this document is in addition to, and does not
replace or limit, any other right that the person may have.
(c) Any provision of this document which is unenforceable or partly unenforceable is,
where possible, to be severed to the extent necessary to make this document
enforceable, unless this would materially change the intended effect of this document.
14.7 Inconsistency with other documents
If this document is inconsistent with any other document or agreement between the parties,
this document prevails to the extent of the inconsistency.
Neither party has entered into any contract under this Agreement in reliance on or as a result
of any representation, promise, statement, conduct or inducement by the other otherwise than
as set out in this Agreement.
14.9 Governing law
The laws of Queensland, Australia govern this Agreement. The parties submit to the
non-exclusive jurisdiction of courts exercising jurisdiction there.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement
will be interpreted as follows:
(a) a reference to a party includes that party's permitted assigns, administrators,
successors, executors, legal representatives and any novated party;
(b) any reference to a trustee includes any substituted or additional trustee;
(c) unless used for the usual grammatical purpose, inverted commas around a term
indicate industry jargon that will be interpreted according to how that term would be
understood by an individual with expertise in the relevant industry;
(d) “including”, “includes” or any derivation of those words does not limit the matter in
question to the things specifically mentioned in the applicable context;
(e) where a term is defined, other grammatical forms of that term will be taken to have
the same meaning;
(f) headings are for convenience and will not affect interpretation;
(g) words in the singular will be taken to include the plural and also the opposite;
(h) “$” means the Australian dollar;
(i) a reference to a document will be to that document as updated, varied or amended;
(j) a document referenced by the Agreement will not take precedence over the
(k) when any kind of legislative instrument is referenced, the reference will be taken to be
that instrument as updated or substituted for by the legislative body in any way;
(l) where a “URL” is mentioned, the non-operation of the “URL” will not render the rights
and obligations associated with it invalid;
(m) any referenced digital resource may be replaced with another digital resource that is
a “copy” of the original resource;
(n) a reference to a party's conduct includes omissions as well as acts;
(o) if a party is described as having discretion in a matter, the discretion in that matter will
be interpreted as sole and absolute; and
(p) where a party is required to do “anything necessary”, this includes executing
agreements and other legal instruments.