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WEBSITE TERMS & CONDITIONS.

Home WEBSITE TERMS & CONDITIONS

The Fold Companies

Wherever used in this website, The Fold means:

  • The Fold Compliance Pty Limited ABN 72 100 974 294; and
  • The Fold Legal Pty Limited ABN 13 106 708 856.

The following Terms and Conditions govern your use of this website. If you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact The Fold prior to using this website.

Acknowledgement and Acceptance of Terms of Use

The Fold website is owned and operated by The Fold Companies (“The Fold”). It is a condition of your access to the website that you accept and comply with all the terms, conditions, notices, disclaimers, Privacy and Security Statements (collectively referred to as the "Terms of Use") set out on the website.

By accessing or using this website or using it to provide information to The Fold, you acknowledge that you have read and understood the Terms of Use and that you agree to them.

As The Fold reserves the right to amend the Terms of Use at any time, with immediate effect, you should periodically refer to them. The Terms of Use were last updated on 16 November 2012.

Copyright and Trademarks

All information, material, text, graphics (collectively referred to as Contents) on this website are copyright The Fold unless indicated otherwise. The Contents are protected under the Australian copyright and trademark laws and through international copyright treaties.

You may download a single copy of the information on this website. Where necessary for its use as a reference, you may keep a temporary copy in your computer's cache and make a single hard copy of that information for your own information, research or study.

You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage and/or information retrieval system) or otherwise exploit any part of the Contents for any commercial purpose without the specific prior written consent of The Fold. You must not use the website and/or its Contents which in any manner violates any right of The Fold or an affiliated third party or which is prohibited by the Terms of Use.

Comments and Information Provided by Visitors

You agree to provide current, complete, and accurate information about yourself and maintain and update the information to keep it current, complete and accurate. When you provide any information including personal information, you warrant that all of the information provided is true and correct and agree to indemnify The Fold for all losses of any kind that The Fold might suffer if this information is not correct.

What Visitors Must Not Do

This website may only be used for personal use. Any commercial use of this website without the prior written consent of The Fold or any of its related bodies corporate is prohibited.

You agree not to use The Fold website for chain letters, junk mail, 'spamming', solicitations or mass communications of any kind You agree not to post any comments that contain any unlawful, threatening, defamatory, obscene, vulgar, pornographic or profane information or material or which violates or infringes upon the rights of any person. If you do, you agree to indemnify The Fold for any losses, costs, expenses or damages that The Fold may suffer as a result.

You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this website.

Nothing on this website or on any third party site, shall be construed as conferring any licence or other transfer of rights to you of any intellectual property including copyright and trade marks or other proprietary rights of The Fold, its affiliates or any third party, whether by estoppel, implication or otherwise.

Virus Warning

The Fold does not represent that any information (including any file) obtained from or through this website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. The Fold will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on The Fold, that liability shall be limited to the cost of re-supplying that information.

Third Party Website Links

This website contains hyperlinks to websites maintained and operated independently by third parties. These websites are maintained and operated without any control of The Fold. The Fold is not responsible for the accuracy, ownership or any other aspect of the information contained on those websites or any hyperlink contained in a linked website. You visit any such website at your own risk.

Content of Website

The Fold does not warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes such contents available are free of viruses or other harmful components.

The information contained on this website is provided by The Fold in good faith. All contents (including third party information, products and content) included in or accessible from this website are provided on an "as is" basis and are subject to change at any time without notice to you.

The Fold does not warrant or make any representations regarding the use or the results of the use of the contents on this site in terms of their correctness, accuracy, reliability, or otherwise.

To the fullest extent permitted by law, The Fold excludes any representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to the warranties of condition, quality, merchantability and fitness for a particular purpose, and non-infringement of proprietary rights as to all contents (including third party information, products and content) included in or accessible from this website.

The Fold, its related bodies corporate, their directors, employees, contractors, consultants, shareholders are not engaged in rendering any legal, compliance practice management or other professional advice or services through this website. If you require such advice, you must specifically retain a The Fold company to provide it to you.

None of The Fold, its related bodies corporate, their directors, employees, contractors, consultants or shareholders shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or ideas contained in, or referred to in this website. You are encouraged to obtain independent professional advice for any problem, situation or occurrence particular to you or in relation to which you wish to rely.

You expressly acknowledge and agree that The Fold has no control over the suppliers of goods and services obtained from the linked websites and The Fold is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

The contents of this website satisfy the laws of Australia and may not satisfy the laws of other countries. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this website, it is not directed at you and should not be relied upon by you.

Limitation of Liability

None of The Fold, its related bodies corporate, their directors, employees, contractors, consultants or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from:

  • Your use or your inability to use this website;
  • Your reliance on any information or advice contained on this website or for the cost of procurement of substitute products or services resulting from any products or services purchased or obtained or messages received or transactions entered into through this website; and/or
  • Unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this website including but not limited to damages for loss of profits, use, data or other intangibles, even if The Fold has been advised of the possibility of such damages. 

To the fullest extent permitted by law, the liability of The Fold for breach of any implied warranty or condition which cannot be excluded shall be limited, at the option of The Fold, to any one or more of the following.

If the breach relates to goods:

  • The replacement of the goods or supply of equivalent goods;
  • The repair of such goods;
  • Payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • Payment of the cost of having the goods repaired.

If the breach relates to services:

  • The supplying of the services again; or
  • Payment of the cost of having the services supplied again.

Applicable Law

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and The Fold agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts of appeal.

General

If any one or more provisions of the Terms of Use are held by a court to be contrary to law, then those provisions will be excluded, and the other provisions will remain in full force and effect. If The Fold fails to exercise or enforce any rights or provisions of the Terms of Use, this will not constitute a waiver of that right or provision unless The Fold agrees in writing that it does so.

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