1. Application of Terms

By viewing and using this website (www.nouvellconsulting.com.au) (Website) and its information you are agreeing to the terms and conditions identified in this document. This Website is available for your use on acceptance of and compliance with these terms and conditions. By viewing and using this Website you agree to use this Website in accordance with all applicable laws.

You are responsible for maintaining your passwords and log in details and ensuring they remain confidential.

2. General information and not advice

The content on this Website is intended only to provide a summary and general overview on matters of interest. It is not intended to be comprehensive, nor to constitute legal, tax, superannuation, financial or other professional advice. You should always obtain legal, tax, superannuation, financial or other professional advice suitable for your own circumstances before acting or relying on any of the content on this Website.

Although Nouvell Consulting Pty Ltd aims to ensure that the content on this Website is current and accurate, there may be delays, errors or omissions that could affect its currency or accuracy. There may also be historical articles and other content on this Website which, though current at the time of writing, no longer reflect the current law, present state of affairs or industry practice. Your use of this Website, or the receipt of any information via this Website, is not intended to create, nor does it create, an advisor-client relationship between us.

3. Liability

This Website, and all content and services provided or made available through this Website, are made available to you on an ‘as is’ and ‘as available’ basis. You acknowledge and agree that to the maximum extent permitted by law, and subject to clause 4 below, Nouvell Consulting Pty Ltd makes no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of this Website.

Nouvell Consulting Pty Ltd will not be liable if this Website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this Website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

• telecommunications unavailability, failure or fault (regardless of cause);

• any acts or omissions of third parties (including Nouvell Consulting Pty Ltd’s third party service providers);

• maintenance or repairs carried out by Nouvell Consulting Pty Ltd or any third party service provider in respect of any of the systems used in connection with the provision of this Website;

• any events beyond Nouvell Consulting Pty Ltd’s control; or

• services provided by third parties ceasing to be or becoming unavailable.

You also acknowledge and agree that to the maximum extent possible under law, and subject to clause 4 below, Nouvell Consulting Pty Ltd does not represent, warrant or guarantee that this Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

4. Consumer Guarantees

To the maximum extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or common law imposing any liability or obligation on Nouvell Consulting Pty Ltd are excluded under these terms and conditions. However, if a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), then nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the maximum extent that the Australian Consumer Law permits Nouvell Consulting Pty Ltd to limit its liability, then Nouvell Consulting Pty Ltd’s liability is limited to:

• in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

• in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

Except in the case of a ‘major failure’ (as that term is defined in the Australian Consumer Law), Nouvell Consulting Pty Ltd can elect as between the remedies set out in this clause

5. Exclusion of Liability

Subject to clause 4 above, and to the maximum extent permitted by law, Nouvell Consulting Pty Ltd excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limit, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to this Website or any content or services provided or made available through this Website.

6. Intellectual Property and Copyrights

All copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on this Website or in connection with any goods, services or products provided by Nouvell Consulting Pty Ltd vests solely with Nouvell Consulting Pty Ltd. You must not use or replicate Nouvell Consulting Pty Ltd’s copyright material other than as permitted by law. Specifically, you must not use or replicate Nouvell Consulting Pty Ltd’s copyright material for commercial purposes unless expressly agreed to in writing by Nouvell Consulting Pty Ltd.

7. Links to External Websites

This Website may contain links that direct you outside of this Website (Links). These Links are provided for your convenience and are not an express or implied indication of any endorsement or approval of the linked Website, its contents or any associated website, product or service. You agree that Nouvell Consulting Pty Ltd will not be liable for any loss or damage you may suffer as a result of your use of the Links.

8. Collection of Information

Use of information you have provided Nouvell Consulting Pty Ltd with, or that Nouvell Consulting Pty Ltd has collected and retained relating to your use of any one or more of this Website and Nouvell Consulting Pty Ltd’s goods, services and products, is governed by Nouvell Consulting Pty Ltd’s Privacy Policy. By using this Website, you agree to the policies and terms contained in Nouvell Consulting Pty Ltd’s Privacy Policy.

9. Confidentiality

All personal information you give Nouvell Consulting Pty Ltd will be handled in a confidential manner in accordance with Nouvell Consulting Pty Ltd’s Privacy Policy. However, due to circumstances outside of Nouvell Consulting Pty Ltd’s control, Nouvell Consulting Pty Ltd cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

10. Posting comments

This Website may enable you to post comments (for example, on blogs, forums or other public areas). You are responsible for all comments that you post (or that are posted using your username and password). You must not post any comment that:

• is antagonistic or inflammatory (commonly referred to as ‘trolling’);

• is xenophobic, racist, abusive, harassing or hateful;

• is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;

• is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;

• constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);

• infringes someone else’s copyright or other intellectual property rights, or

• violates any applicable law.

11. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Western Australia.

Nouvell Consulting Pty Ltd reserves the right to bring proceedings against you for breach of these Terms and Conditions, in any one or more of your country of residence and any other appropriate country or jurisdiction.