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Website Terms of Use

‍On this page, words contained in bolded brackets have the meaning immediately preceding their appearance in bolded brackets, and carry that meaning throughout this page whether they are capitalised or not.

This website available at www.counselr.com.au (Website) is owned and operated by Counselr Pty Ltd (we, our or us). By accessing or using this Website, you agree to the terms of use contained on this webpage (Terms of Use). Pease read these Terms of Use carefully and immediately cease using our Website if you do not agree to them.  

Updates to Terms of Use: We may, at any time and at our discretion, vary these Terms of Use by publishing varied terms on our Website. By continuing to use our Website after the Terms of Use are updated, you agree to be bound by the updated terms. You must ensure that your access to this website is not illegal or prohibited by laws which apply in the jurisdiction in which you are located.

‍Licence to use our Website: We grant you a non-exclusive, royalty-free, revocable, worldwide, non transferable licence to view this Website in accordance with these Terms of Use. All other uses are prohibited without our prior written consent. You must take your own precautions to ensure that the process that you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer or software.

Our Content: The material and information on this Website (Content) is general in nature, may not be current at the time you are viewing it, and is subject to change without notice. The Content is not comprehensive and does not take into account your specific needs, objectives or circumstances, and it is not legal, tax, accounting or financial advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content at the time it is published, we make no representation or warranty in relation to it, to the maximum extent permitted by law. No one is entitled to rely on the Contant without obtaining appropriate professional advice. We reserve the right to discontinue operation of this Website at any time, in which case the Website may become unavailable without notice.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Website; which we would consider inappropriate; or which might bring us or our Website into disrepute, including (without limitation): (a) anything that would constitute a breach of an individual’s privacy or any other legal rights (including uploading private or personal information without an individual's consent); (b) using our Website to defame, harass, threaten, menace or offend any person; (c) interfering with any user using our Website; (d) tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website; (e) using our Website to send unsolicited email messages; (f) copying, downloading or replicating any of the content available on our website for commercial use; (g) or our Website, including the Content, in any way that competes with our business; (g) facilitating or assisting a third party to do any of these listed things. 

‍Intellectual Property rights: All intellectual property rights in this website, including design, text, graphics, logos, icons, the selection and arrangement thereof, sound recordings and all software relating to this website, belong to or are licensed by Counselr. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content. You must not: (a) copy or use, in whole or in part, any Content; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party unless it is via an active link to our Website; or (c) breach any intellectual property rights connected with our Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. 

User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Website. Any information which you transmit via this website is transmitted at your own risk. You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that: (a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms of Use); and (b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. 

Third party sites: Our Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on or privacy policies of those websites. You should make your own investigations with respect to the suitability of those websites for your use.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Website or the Content, including (without limitation) that: (a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; (b) access will be uninterrupted, error-free or free from viruses; or (c) our Website will be secure. You read, use and act on our Website and the Content at your own risk. 

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with a) these Terms of Use or your use of our Website or the Content, including but not limited to Liability in connection with the negligence of Counselr.; the transmission of any User Content or other information via this website; any inaccessibility of, interruption to or outage of our Website; any loss or corruption of data in connection with our Website; or the fact that the Content may be incorrect, incomplete or out-of-date.  

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and Counselr.’s liability for breach of that guarantee may not be excluded but may be limited, Counselr.’s liability for such breach is limited to, in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods, or in the case of supply of services, supplying the services again or paying the cost of having the services supplied again.

Indemnity: To the maximum extent permitted by law, you agree you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms of Use or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use, and continues after these Terms of Use end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use. 

Termination: These Terms of Use are effective until terminated by us, which we may do at any time and without notice to you, and continue to apply to the Content, even if the Website is no longer published or accessible. 

Severance: If a provision of these Terms of Use is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part) is severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use. 

Jurisdiction: If a dispute arises regarding these terms of use, the laws of the State of Queensland, Australia will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Queensland, Australia. If you access this website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia.

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