Website terms and conditions

1. Introduction - Use Of This Website

1.1 By using this Website and/or Our Services in any way, you signify your acceptance of these Terms and Conditions. Please read the following Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not use this Website or use Our Services. If you accept these Terms and Conditions, you may use Our Services, including to order a document either on line or in any other manner. If you reject these Terms and Conditions, you will not be able to use Our Services in that way.

1.2 We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time. Please check the Terms and Conditions regularly to ensure that you are aware of any changes. Your continued use of our following Terms and Conditions, after the posting of changes to these Terms and Conditions (including our Privacy Policy) will mean you accept any changes made to this Website.

1.3 This Website is intended to give you information, not legal, accounting or financial advice. We cannot and do not provide such advice.

1.4 The Company that owns and operates www.incorporatingambitions.com.au is not a law firm, an accounting firm or a firm of financial advisers. In short, nothing on this Website should be considered legal, accounting or financial advice.

2. Licence

2.1 In consideration of you paying our fees in the way required on this Website or as otherwise agreed and you accepting these Terms and Conditions, we provide you with a Licence to order documents from our Website. This Licence is neither exclusive nor transferable. The Licence commences the day you use Our Services and ends in accordance with these Terms and Conditions referred to below.

3. Conditions On Your Use Of Our Documents

3.1 In using Our Services and the documents you order, you agree that:-

(a) you must not use any part of the document(s) for any purpose except the specific purpose for which such document(s) is ordered;

(b) you must not use any part of the document(s) in connection with creating another document;

(d) you must not copy any part of the document(s) for any other purpose except in relation to the transaction for which it was ordered.

4. Our Acknowledgements

4.1 We acknowledge:-

(a) all of the personal information or otherwise that you entrust to us is secure and not used or disclosed for any unauthorised reason or purpose, without your consent and is dealt with in accordance with our Privacy Policy, the terms of which are set out on this Website;

(b) subject to these Terms and Conditions, we have taken all reasonable care and caution to ensure that the clauses which will be inserted in and constitute the document(s) you order on this Website or through Our Services, are accurate and appropriate for the type of document ordered;

(c) the document(s) you order through Our Services or Website will be delivered to you on the earlier of when you download such document(s) for access or when such document(s) are sent by us by email to the address you have nominated or when such document(s) are sent to you by us by post or delivery to the address you have nominated.

5. No Legal Advice

5.1 By using this Website/Our Services, you agree that:-

(a) the Company that owns and operates www.incorporatingambitions .com.au is not a law or accounting firm or a firm of financial advisers. In short, nothing on this Website should be considered legal, accounting or financial advice;

(b) we cannot and do not provide legal, accounting or financial advice. Nothing on this Website or conveyed to you in any other manner should be considered legal, accounting or financial advice;

(c) Our Services and this Website provide information to help you answer the questions in order to place an order for a document;

(d) we cannot and do not warrant the document you decide to order is appropriate or suits your needs. We cannot and do not warrant that your use of Our Services is appropriate or suit your needs;

(e) the legal, commercial and taxation effects of a document may vary from jurisdiction to jurisdiction and may be interpreted differently in different courts and in different jurisdictions. The law is a personal matter and no general information of the kind we provide can fit every circumstance and therefore you should consult a lawyer or accountant in your area to seek specific advice for your circumstance. A document's suitability will therefore vary according to your particular circumstances;

(f) it is your responsibility to seek appropriate professional advice as to a document's suitability, including the legal, commercial and taxation effects of that document or documents.

6. Ordering of Documents Dependant on your Information

6.1 You agree that:-

(a) you are completely and solely responsible for providing correct and accurate information to us;

(b) the information you give us on this Website or otherwise is included in the documents you order on this Website or otherwise;

(c) you are completely and solely responsible for the information included in the document as a result of the information you provide to us when ordering the documents;

(d) we are not responsible for any mistake or error you make in providing the information to us and/or in understanding the questions we ask of you and how you answer same by way of providing your information to us;

7. Our Website

7.1 You agree that:-

(a) we do not warrant the accuracy or appropriateness of the contents of our Website;

(b) links to other websites are listed for your convenience and do not necessarily imply sponsorship, endorsement or approval by us;

(d) you access these other websites at your own risk;

(e) it is for you to decide whether the information contained on the other websites should be relied upon;

(f) our Website may contain information constructed by third parties for which we assume no responsibility.

8. You Agree To Indemnify Us For Your Mistakes.

8.1 You agree that you shall indemnify us and continue to indemnify us in relation to any costs, losses, liability or damages (actual, special or consequential) of every kind and nature, known and unknown, including reasonable legal fees made by any third party due to or arising out of:-

(a) the document you order from us not being suitable for its intended purpose or not being suitable for the relevant circumstances;

(b) you failing and/or refusing to obtain formal advice from a Professional Adviser in relation to whether the document you choose is suitable for its intended purpose or is suitable for your particular circumstances;

(c) the information you give us on this Website or otherwise or the answers you provide to questions we ask of you when using Our Services;

(d) your failure to provide all required information or to answer all questions completely and/or accurately;

(e) you modifying the documents after they have been provided to you; or

(f) your breach of these Terms and Conditions in some other way.

8.2 You agree that you shall continually indemnify us against any costs, losses, liability or damages that we have or may incur as a result of your use of our Website or Our Services used by you on our Website or otherwise.

9. No Warranty

9.1 We provide our Website and Our Services on the Website or otherwise on an "as is" basis, and without any warranty or condition, express or implied.

9.2 To the fullest extent permitted by law, we specifically disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

9.3 We do not warrant that the functions contained in the materials available on this Website will be uninterrupted or error-free, or that defects will be corrected, or that this Website or the Server that makes it available are free of viruses or other harmful components.

9.4 We do not warrant or make any representation regarding the use or the results of the use of the documents and materials produced by this Website or the use of Our Services in terms of their correctness, accuracy or otherwise. You (and not us) assume the entire cost of all necessary correction. Applicable laws may not allow the exclusion of implied warranties, so that the above exclusion may not apply to you.

10. Limits On Our Liability

10.1 To the fullest extent permitted by law, in no event shall we, our affiliates or related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website or in relation to Our Services (howsoever arising, including negligence).

10.2 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that if we are prohibited by law from excluding all or any implied warranties and conditions, or from limiting our liability, then our liability will be limited to, at our option:-

(a) replacement of the document or material you ordered from our Website or otherwise;

(b) the supply of some equivalent document or material;

(d) the payment of the cost of such replacement, supply or amendment of the document or material.

10.3 You agree that:-

(a) our liability to you (if any) for any matter relating to the subject matter of these Terms and Conditions will not include any special, indirect, incidental or consequential damages and will not exceed the cost to you for the particular transaction which has caused you the loss or damage;

(b) we are not responsible in any way for any liability, loss, damage or expense that arises directly or indirectly from a problem that occurs by any virus infecting our Website and/or Services provided by the Website; and

(c) notwithstanding the above provisions, nothing in these Terms and Conditions are intended to limit or exclude any liability on our part where and to the extent that applicable laws prohibit such exclusional limitation including those within the Trade Practices Act 1974 (Cth) and relevant State Fair Trading Legislation.

11. Copyright - Our Intellectual Property Is Not Diminished

11.1 This Website is operated by us and no document or material generated from the use of Our Services or from this Website or any Website owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, reposted, transmitted or distributed in any way except on these Terms and Conditions.

11.2 You agree that:-

(a) we remain the owner of all our interests in the Intellectual Property and know how in relation to the documents, materials and Our Services provided via our Website or otherwise;

(b) We grant you a License to use Our Services on this Website for the sole purpose of ordering documents; and

(c) You obtain no property rights whatsoever in relation to Our Services provided via the Website or otherwise and you receive/obtain no ownership in the copyright of the documents that you order from us.

12. Misuse of Our Services/Website or Breach of our Terms and Conditions

12.1 You agree that we may recover from you each of the following, if we discover that we have lost revenue through your misuse of Our Services/Website or your breach of the Terms and Conditions;

(a) the revenue we have lost;

(b) our costs (including costs of discovering our loss and the extent of it);

(d) interest on any amount owing under this Clause calculated at the rate specified in column 2 of Schedule 5 of the Uniform Civil Procedure Rules 2005 (NSW) for the relevant period specified in column 1 of Schedule 5 to those rules, corresponding to the due date for payment.

12.2 You agree that if we can show that we have lost revenue through your misuse of our Website or breach of the Terms and Conditions, then you agree that we have the right to audit your operation (at your cost) to determine the extent of our loss.

13. End of Licence

13.1 You agree that:-

(a) the Licence granted to you under these Terms and Conditions is limited to the creation of the documents for which you have paid and that once those documents have been ordered, the Licence ends;

(b) your Licence will also end if you breach any material obligations contained in these Terms and Conditions;

(c) if you breach any material obligation contained in these Terms and Conditions, then we may deny you any further access to our Website and/or Our Services provided on our Website.

14. Important Terms

14.1 All policies appearing on our Website (as may be amended from time to time) are incorporated into these Terms and Conditions. You must read and agree to these policies prior to using our Website and/or Our Services and agree to be bound by such policies.

15. General

15.1 The Website and Our Services set out in these Terms and Conditions are offered by Chartered Secretarial Pty Limited t/as Incorporating Ambitions located at Suite 506, Level 5, 267 Castlereagh Street, Sydney NSW 2000.

15.2 The validity and interpretation of these Terms and Conditions will be governed by the law of the State of New South Wales. The parties submit to the non- exclusive jurisdiction of the Courts in the State of New South Wales in respect to any dispute that arises in connection with the Terms and Conditions.

15.3 If any provisions of the Terms and Conditions are invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to the invalid, void or unenforceable provision are and will continue to be of full force and effect.

15.4 Headings in these Terms and Conditions are for convenience only and do not effect its interpretation or construction.

15.5 In these Terms and Conditions, unless the context otherwise requires:-

(a) the singular includes the plural and vice versa;

(b) the word person means natural person and any association, body or entity.

15.6 A reference to currency is a reference to Australian Dollars.

16. Definitions and Interpretation

16.1 In these Terms and Conditions, unless a contrary intention appears:-

(a) "Incorporating Ambitions" means Chartered Secretarial Pty Limited t/as Incorporating Ambitions at Suite 506, Level 5, 267 Castlereagh Street, Sydney NSW 2000, its agents, officers, successors and advisers and "we", "our" and "us" have a corresponding meaning.

(b) "Intellectual Property" means the intellectual property owned by or belonging to Incorporating Ambitions including but not limited to all patents, trademarks, trade secrets, copyright, rights in design, rights in computer software, business or trade names (whether registered or unregistered).

(c) "Licence" means the Licence granted by Incorporating Ambitions to you in accordance with Clause 2.1 of the Terms and Conditions.

(d) "Our Services" includes our Website, the interface, user system and document merging engine and the menu of clauses that is used to generate the documents you order either on line or by any other method, the services which we provide to you which are ancillary to the Services, including telephone help lines.

(e) "Privacy Policy" means the Privacy Policy posted on our Website as amended or updated from time to time.

(f) "Professional Adviser" means a lawyer concerning whether a document is appropriate or suits your needs or its legal, taxation and commercial implications; a registered tax agent concerning a document's accounting and taxation implications or a licensed financial planner concerning a document's financial planning implications.

(g) "Terms and Conditions" mean the Terms and Conditions set out herein on this Website.

(h) "Website" means www.incorporatingambitions.com.au

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