Terms & Conditions

1. Success & Broker Pty Ltd A.C.N. 651 799 978 (Provider) is responsible for the operation of, and the provision of goods and services from the website successandbroker.com.au (Site) and the Application (App) .
2. This agreement contains the terms, conditions and disclaimers (Terms) for accessing and using this Site and/or App by you.
3. These Terms may be amended by the Provider without notice and at their complete discretion, which is immediately effective once the amendment is posted on this Site and/or App.
4. The Provider separately maintains its privacy policy (Privacy Policy) regarding the collection and use of data, available at the following webpage: here.
5. The Provider separately maintains its sales terms and conditions (Engagement Terms) which set the terms, warranties, refunds and other conditions relating to the purchases of any goods and/or services from the Provider. The Engagement Terms can be accessed at the webpage: here.  For the sake of clarity, once you enter into a sale and the Engagement Terms entered into, the terms of the Engagement Terms will supersede the terms of the Terms, only to the extent of any inconsistency.
6. By and during your access and use of the Site and/or App, you agree that:
   1. You have read, understand and agree to be bound by the Terms before using this Site and/or App.
   2. You have read, understand and agree to be bound by the Privacy Policy before using this Site and/or App.
   3. You have read, understand and agree to be bound by the Engagement Terms when ordering goods and/or services from the Provider.
   4. You are over the age of fourteen (14) years old and are capable of giving all consents and the making of all representations contained in the Terms.
   5. This agreement for the Terms shall be governed by the exclusive jurisdiction of the courts of the state of Queensland, Australia and those Courts that hear appeals from these Courts, including the Federal Court of Australia (Territory).
   6. In addition to the express clauses of the Terms, you will also comply with the laws of the Territory in relation to your use of the Site and/or App and in all your interactions with the Provider.
   7. You waive, exclude and agree to refrain from making use of any rights and legal actions which arise outside of the laws of the Territory, to the maximum extent permissible by law that can be validly and legally be done by you, in relation to the Terms and your interactions with the Provider.
   8. If you are accessing and using this Site and/or App on behalf of or during the course of your duties for another legal entity, such as a corporation, you represent that you are an authorised agent able to act on behalf of this entity and able to validly bind the entity to the Terms.
   9. You will not use this Site and/or App or any goods or services obtained from the Provider, in order to harm or harass others.
7. If you do not agree to clause 6 above, then you must stop using this Site and/or App.
8. These Terms apply in addition to and may be amended by any other agreements entered into between you and the Provider.
9. If any part of the Terms are invalid or unenforceable, the Terms must:
   1. Be interpreted with amendments made as narrowly as possible to allow it to be enforceable or valid while still retaining as much as possible, the Term’s original intention and effect (Reinterpreted); or
   2. If it cannot be Reinterpreted as above, then any invalid or unenforceable parts shall be severed without affecting the enforceability or invalidity of any remaining parts of the Terms.
10. The Provider’s failure to enforce any of the Terms is not a waiver of its rights or admission to any facts.
11. A waiver or admission is only effective if and in accordance with a written statement made by a duly authorised officer of the Provider.

CONTACT

12. All contact, queries or other correspondence regarding these Terms should be directed to the Provider’s legal representatives Macpherson Kelley Lawyers as follows:
    1. By email to:
       1. Address: ipq@mk.com.au
       2. Subject: Terms Query – successandbroker.com.au
    2. By mail to:
       1. Address: GPO Box 5299, Brisbane QLD 4001
       2. Attention: Intellectual Property Team – Terms for successandbroker.com.au
    3. Any correspondence for these Terms will be deemed as dated on the date received by the recipient.

DISCLAIMER

14. The Provider does not warrant, guarantee or make any representation about the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site and/or App (Contents) or that it is suitable for your intended use.
15. The Content is provided by the Provider in good faith on an “as is” basis without any warranty.
16. The Content provided is general in nature and you should not use it for making any decision without consulting primary, more accurate, more complete or more timely sources of information.
17. The Content does not necessarily represent the views or opinions of the Provider.
18. The Site and/or App may include historical Content that is not current and is provided for reference purposes only.
19. The Content provided is not professional advice or advice about the suitability of its products or services for your intended use or for any circumstances.
20. The Provider does not warrant or represent that the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. You use this Site and/or App that the Content in it at your own risk.
21. The Provider reserves the right to vary or modify the Content on this Site and/or App without notice and without liability. For the avoidance of doubt this includes, but is not limited to:
    1. The hours of availability or access to the Site and/or App
    2. The services offered via the Site and/or App
22. The Provider makes no warranties, guarantees or representations that the material in this Site and/or App does not cause damage or that the material is free from any computer virus or other defects. You must complete a virus and similar checks in any Content downloaded.
23. The Provider reserves the right to suspend or terminate your access to the Site and/or App at its sole discretion.
24. The Provider uses its reasonable endeavours to ensure that the Site and/or App is available continuously, however, it cannot guarantee continuous or uninterrupted access.

LIMITATION OF LIABILITY

25. The Provider is not liable for any direct, indirect, incidental, special or consequential loss, damage or injury, or any costs in relation to the use of this Site and/or App, including over:
    1. Your use or access to (including inability to use and access) the Content on this Site and/or App.
    2. Your use or access to (including inability to use and access) the goods or services referred on this Site and/or App.
    3. The servicing or replacing these items or related equipment.
    4. Over any losses you may incur such as for loss of programs, loss of data, loss of business, business interruption, profits.

LINKS TO OTHER SITES

26. You may, through hypertext or other computer links, be able to access other websites operated either by the Provider, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
27. The Linked Sites may have different terms of use.
28. Unless otherwise specified:
    1. The Provider does not control the Third Party Linked Sites. The Third Party Linked Sites may have different terms of use and may be subject to different laws.
    2. The Provider is not responsible for the content of any Third Party Linked Sites, or any changes or updates to those sites. These links are provided for your convenience only. You link to any Third Party Linked Sites at your own risk.
    3. The Provider is not a party to any transaction between you and a Third Party Linked Site.
    4. The Provider does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Third Party Linked Sites.

SPAM

29. The Provider may at its discretion provide details for contacting the Provider directly on the Site and/or App, such as its email addresses.
30. The Provider in publishing any contact details on this Site and/or App is to facilitate communications about the goods and services its supplies and it does not consent to receive unsolicited messages for ulterior purposes by any means.
31. If it receives such unsolicited messages it reserves its rights and may make a report to the applicable anti-spam regulatory body.

INTELLECTUAL PROPERTY

32. The Provider and/or its affiliates owns the copyright in the Content of this Site and/or App, including in the Terms as a literary work. All rights reserved.
33. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this Site and/or App is protected by copyright, trade mark or other intellectual property rights and laws.
34. You cannot copy, reproduce, modify, republish, upload, post, transmit or distribute any part of the Content, without the Provider’s prior written consent. However, you may download and print these Terms of Use for your personal non-commercial use.
35. You expressly acknowledge that using the Site and/or App does not give you any right, title or interest to the Content or any other aspect of the Site and/or App.
36. Using the Site and/or App and the Content for commercial purposes is expressly prohibited.
37. The Provider or its affiliates has proprietary rights in all trade marks and trade names which appear on this Site and/or App. Using a trade mark without the owner’s consent infringes the owner’s intellectual property rights.
38. By using this Site and/or App, you agree not to challenge the Proprietor’s rights or ownership in respect of:
    1. The domain name(s) for accessing this Site and/or App
    2. Any trade marks on this Site and/or App
    3. Any copyrighted material on this Site and/or App

END OF AGREEMENT

This Privacy Policy has been prepared with our legal team at Macpherson Kelley Lawyers.