1. General

Australian Fiduciaries Limited (AFL) offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (Website), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. AFL reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.

Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by AFL.

The term ‘AFL’, ‘us’ or ‘we’ refers to the owner of the Website. The term ‘you’ refers to the user or viewer of the Website.

The use of this Website is subject to the following terms of use:

Use the Website at your own risk. This Website is provided to you “as is,” without warranty of any kind either express or implied. Neither AFL nor its employees, agents, representatives, third-party information providers or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of AFL. AFL reserves the right to change or discontinue at any time any aspect or feature of the Website.

  1. Accuracy, completeness, and timeliness of information

The information on the Website is not comprehensive and is intended to provide a summary of the subject matters covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website. You should monitor any changes to the information contained on this Website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms and Conditions) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.

  1. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or the content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that the Website will be secure. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by statute which cannot lawfully be excluded, restricted or modified (Non-Excludable Condition).

We reserve the right to restrict, suspend or terminate without notice your access to the Website, any content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

  1. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered due to your use of the Website and/or the information or materials contained on it, or as a result of the inaccessibility of the Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up to date.

If a Non-Excludable Condition is implied or imposed in relation to these Terms and Conditions and cannot be excluded, and we are able to limit your remedy for a breach of the Non-Excludable Condition, then our liability to you for breach of the Non-Excludable Condition is limited to one or more of the following at our option: ‘
(a) in the case of goods, the replacement or repair of the goods or payment of the cost of replacement or repair; and
(b) in the case of services, the re-supply of the services or payment of the cost of re-supply of the services.

You will indemnify us and our employees, officers, agents, representatives and contractors from and against any claim, proceeding, loss, damage or expense arising out of or in connection with your wilful misuse of the Website or content or your wilful breach of these Terms and Conditions.

  1. Jurisdiction and governing law

Your use of the Website and these Terms and Conditions are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.