2. Use of our website
a) Our Site
This website (Site) is operated by Ability Options Ltd ABN 920 0317 5335 (Ability Options, we, us and our). As used in these Terms, the words “Ability Options, “we”, “us” and “our” also refer, as applicable, to any other legal entity that Ability Options Ltd owns or controls.
You may use the Site only for lawful purposes and in accordance with these Terms.
We may update and change our Site from time to time to reflect changes to our objectives, products and services, the needs of our clients, customers and users, changes in law and our operational and business priorities. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
b) Eligibility to use our Site
Our Site is intended for users residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your risk and you are responsible for complying with laws applicable in your location.
c) How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on our Site for any commercial purpose without obtaining a licence to do so from us or our licensors.
d) Our trade marks
Our trade marks include ABILITY OPTIONS (as a word mark and in combination with certain logo devices), and other names, logos, product and service names, designs and slogans used in connection with our business (collectively the trade marks). The trade marks belong to us or our licensors and can only be used with our permission and in accordance with any restrictions specified by us.
You are permitted to use the trade marks if they are included in any material supplied by us to you, provided those materials are used solely as permitted under these Terms. You must not remove or obscure any trade marks included on our material. You have no right to use the trade marks for any other purposes.
Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence. The conditions listed above apply equally to these third party names, logos, product and service names, designs and slogans.
e) Third party links
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
f) Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.
This site contains information about goods and services that can be acquired from us. The terms on which we supply any goods and services will be separately notified to you at the relevant time.
g) Limitation of liability
Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law
For clarity, nothing in this clause affects:
(i) consumers’ rights under the applicable consumer laws; and
(ii) any liability which cannot be excluded or limited under applicable law.
Subject to the preceding paragraphs of this clause:
(i) our Site is provided on an “as is” and “as available” basis, and to the maximum extent permitted by law we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
(ii) although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date;
(iii) in no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for loss or damages of any kind arising out of or in connection with your (or any third party’s) use, or inability to use, our Site, any websites linked to it, or from it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, or any loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
(iv) you agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms.
Different limitations and exclusions of liability will apply to our liability arising as a result of the supply of any products or services to you; these will be set out in the applicable contract governing the particular supply.
3. Changes to these Terms
We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. The amendments will take effect immediately when they are posted on the Site.
These Terms replace all previous representations, arrangements, understandings and agreements between you and Ability Options relating to its subject matter and contain the entire agreement between you and Ability Options relating to that subject matter.
If any part of these Terms is found to be illegal, invalid or unenforceable then it should be read differently to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If that is not possible, the relevant part should be deleted from these Terms and the rest of these Terms will continue to have full force and effect.
These Terms are governed by the laws of the State of New South Wales and you and Ability Options each irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.