Website Terms and Conditions
As a user of the Bainbridge Consulting website (bainbridge.com.au), you are bound by the following terms and conditions. By allowing you to access the website, Bainbridge Consulting grants to you a licence. By accessing the website, you accept the terms and conditions of this licence. Pursuant to this licence and subject to the absolute right of Bainbridge Consulting to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
View the material in the website
Access material contained in the website
Use the website strictly in accordance with the provisions of this licence
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from the directors and/or management of Bainbridge Consulting, and if called upon to do so, payment of any fee required by Bainbridge Consulting to be paid by you for the use of that material.
You hereby undertake the following obligations:
To not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the website without the express consent of Bainbridge Consulting, except as expressly authorised by this licence
To ensure your employees, subcontractors and other agents (if any) who have authorised access to the website are made aware of the terms and conditions of this licence
To not provide or otherwise make available any material in the website in any form to any person other than employees, subcontractors and other agents (if any) without the written consent of Bainbridge Consulting
To not use the material in the website for, or in connection with, a service bureau operation
Bainbridge Consulting does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause them to be in breach of the terms of this licence. They reserve the right to change, add or remove any material in or from the website without notice. Bainbridge Consulting does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components. To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence which cannot be lawfully excluded, such terms will apply to this licence, except when the liability of Bainbridge Consulting for a breach of any such implied term will be limited, at their option, to any one or more of the following:
The replacement of goods or services to which the breach relates or the supply of equivalent goods or services
The repair of such goods or services;
The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services;
The payment of the cost of having the goods repaired or the services performed again.
Bainbridge Consulting will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials. When visiting our website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Bainbridge Consulting which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Bainbridge Consulting (which material may superseded)
Intellectual Property Rights
You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence. 'Bainbridge Consulting' and all associated trademarks are trademarks of Bainbridge Consulting.
You must indemnify and keep Bainbridge Consulting indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Bainbridge Consulting may incur to a third party or you as a result of your breach of the provisions of this licence. This website may contain hyperlinks to other websites operated by third parties. You accept that Bainbridge Consulting has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website. Users are prohibited from placing a link to the website without the prior written consent of Bainbridge Consulting and on terms which are deemed to be satisfactory to Bainbridge Consulting.
You accept that Bainbridge Consulting takes no responsibility for any error or omission relating to the material contained in the website. You accept that Bainbridge Consulting makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Bainbridge Consulting will not be held liable for any lapse in the website's accessibility or any consequences whatsoever that flow from the unavailability of the website.
Terms of Licence
This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by Bainbridge Consulting if you are in breach of any terms of this licence. Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Bainbridge Consulting. Termination pursuant to this clause shall not affect any rights or remedies, which the owner may otherwise have under this licence or at law.
Amendments to This Licence
Bainbridge Consulting may vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, Bainbridge Consulting has provided you with sufficient notice of the variation and amendment. It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website. Failure or neglect by Bainbridge Consulting to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Bainbridge Consulting under this licence. This licence shall be governed by and construed according to the laws of the state of Queensland, Australia.
The use of the term 'Bainbridge' means 'Bainbridge Consulting'. 'Hyperlink' means any mechanism of providing a link from one location on the Internet (eg. a webpage) to another location on the Internet, and includes any mechanism for linking to, or providing access to, files via the Internet. 'Intellectual Property' means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, wherein any inventions, designs, trademarks, trade names, circuit layouts, business and domain names, logos, confidential information, matter, materials or works accessible via the Bainbridge Consulting website remains the property of Bainbridge Consulting.