Website Terms of Use

These Terms of Use apply to your access and use of our website

NewSky Consulting ABN 93 717 134 132 owns and operates the website at www.newskyconsulting.com.au.

Your access to and use of our website is subject to these Terms of Use.

Please read these Terms of Use carefully. 

If you do not agree with these Terms of Use, you should leave our website immediately. 

By accessing and using our website you are agreeing to be bound by these Terms of Use.

Our Privacy Policy also applies

By accessing and using our website you are also consenting to our Privacy Policy (available at https://newskyconsulting.com.au/privacy-policy) which sets out how we manage your personal information.

Again, if you do not agree with our Privacy Policy you should leave our website immediately.

We can change these Terms of Use and Privacy Policy

We may change these Terms of Use and our Privacy Policy from time to time and will publish the most recent versions on our website. 

We encourage you to check our website regularly to ensure that you remain aware of our current Website Terms of Use and Privacy Policy.

The content on our website is general in nature and it is your responsibility to seek specific advice

The content on our website is intended to be general in nature only. 

It is not financial, legal, tax, medical or other advice and we do not have a duty of care or owe any other obligations to you in respect of such content. 

It is your responsibility to seek specific advice relevant to your circumstances before acting or relying on any content on our website.

We do not make promises regarding our website or its content

Our website and its content are made available strictly on an "as is" basis. 

To the maximum extent permitted by applicable law, we make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of our website or any of its content. 

Without limitation, and again to the maximum extent permitted by applicable law, we do not represent, warrant or guarantee that:

  • the use of our website will be secure, timely, uninterrupted or error-free or that our website will operate in combination with any hardware, software, system or data;
  • our website or any of its content will meet your requirements or expectations;
  • anything on our website, or on any third-party website referred or linked to in our website, is reliable, accurate, complete or up-to-date;
  • errors or defects will be corrected; or
  • our website or the servers that make it available are free of viruses or other harmful components.

All implied warranties and guarantees are also excluded to the maximum extent permitted by law.

We can’t control what happens on linked websites

Our website may contain links to other websites which are not owned or operated by us (Linked Websites).

We have no control over Linked Websites and make no representations, warranties or guarantees regarding them, their content or their operators. 

Your access to and use of Linked Websites is subject to any terms of use published by the operators of those websites.

Our website and its content are our property

Our website, its content, and all software, systems and other information used in connection with our website (Website Content) is our property or the property of our licensors and is protected by copyright and other intellectual property laws.

You must not reproduce, transmit, republish or prepare derivative works from any of the Website Content, except as expressly authorised by these Terms of Use or with our prior written consent (or that of the relevant licensor).

You may reproduce, duplicate, copy or store any content appearing on our website for your own personal and non-commercial use but you must not remove or modify any copyright, trademark or other proprietary notices.

The Website Content also includes our registered and unregistered trademarks, service marks and trade dress. This includes our logo, our website’s look and feel (including button icons, scripts, custom graphics and headers). You must not use, copy or imitate these trademarks, service marks or trade dress, in whole or in part, without our prior written consent.

You can link to our website

You may link to our website’s home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

We may, by notice to you, withdraw permission for you to link to our website. You will immediately remove any link upon receipt of such notice.

You must not do certain things in connection with our website

You must not:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of our website;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use our website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use our website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of our website;
  • use our website by any automated means;
  • use our website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email; 
  • access, retrieve or index any portion of our website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with our website;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on our website;
  • without our prior written consent, reproduce, duplicate, copy or store any of the material appearing on our website other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with our website;
  • do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in our website;
  • without our prior written consent, use or exploit any of the material appearing on our website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with our website;
  • without our prior written consent, release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us; or
  • use our website to transmit or publish any information or material that is, or may reasonably be considered to be:
    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
    • in breach of any person’s privacy or publicity rights;
    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
    • containing any political campaigning material, advertisements or solicitations; or
    • likely to bring us or any of our officers, employees, agents, suppliers, licensors or affiliates into disrepute.

We can suspend or terminate your access to our website or refuse to provide goods or services to you

We may, without notice to you, temporarily or indefinitely suspend, or terminate, your access to our website or refuse to provide goods or services to you if:

  • you breach these Terms of Use;
  • we are unable to verify or authenticate any information that you provide to us; or
  • we believe that your actions may cause damage and/or legal liability to us or any other person.

You must pay us or others in certain circumstances

You must pay for any losses, costs, expenses, claims or damages (including all legal fees on a solicitor-client basis) suffered or incurred by us or any of our officers, employees, agents, suppliers, licensors or affiliates due to, arising out of, or in any way related to (in each case, either directly or indirectly):

  • your access to, use of, or connection to, our website or any Linked Website; or
  • any material or information that you submit, post, transmit or otherwise make available through our website;
  • your negligence or misconduct, breach of these Terms of Use, or violation of any law or the rights of any person.

We exclude our liability in connection with these Terms of Use and your access or use of the website

We and our officers, employees, agents, suppliers, licensors and affiliates exclude all liability to you or any other person for any losses, costs, expenses, claims or damages suffered or incurred by you or any other person due to, arising out of, or in any way related to (in each case, either directly or indirectly) these Terms of Use or your or any other person’s access to, use of, or connection to, our website.

If we can’t exclude our liability, then our liability is limited

Where a liability cannot be excluded at law, any liability incurred by us will be limited to the extent provided for by the Australian Consumer Law. 

Where a limit can be specified, that limit is $10.

We do not limit or exclude remedies or liability where we’re not permitted to by law

Nothing in these Terms of Use will:

  • limit or exclude any of our rights or remedies;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

What happens if a provision of these Terms of Use is unlawful and/or unenforceable

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Governing law

These Terms of Use are governed by the laws of Queensland, Australia and any disputes will be addressed in the courts or tribunals of Queensland, Australia.

Comments or complaints

If you have any comments or complaints regarding our website or its content, please write to the email or postal address below.

Email: katrina@newskyconsulting.com.au

Last updated:

21st January 2022