Terms of Service
Before you begin, maybe you really want to read about our …
Terms of Service
These terms of service govern your use of this website (https://www.mercurysays.com); by using this website, you accept these terms of service in full. If you disagree with these terms of service or any part of these terms of service, you must not use this website.
License to use website
Unless otherwise stated, Rushworth Consultancy Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of service.
You must not:
- republish material from this website (including republication on another website)
- sell, rent or sub-license material from the website
- show any material from the website in public
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- edit or otherwise modify any material on the website, or
- redistribute material from this website.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Rushworth Consultancy Pty Ltd’s express written consent.
Access to certain areas of this website is restricted. Rushworth Consultancy Pty Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at Rushworth Consultancy Pty Ltd’s discretion.
If Rushworth Consultancy provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the information you provide is accurate and true, that you are responsible for all instances of access to restricted areas of this website and that the user ID and password are kept confidential.
Rushworth Consultancy Pty Ltd may disable your user ID and password in Rushworth Consultancy Pty Ltd’s sole discretion without notice or explanation.
In these terms of service, “your user content” means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.
You grant to Rushworth Consultancy Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute information arising from your user content in any existing or future media. You also grant to Rushworth Consultancy Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Rushworth Consultancy Pty Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Rushworth Consultancy Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on Rushworth Consultancy Pty Ltd’s servers, or hosted or published upon this website.
Notwithstanding Rushworth Consultancy Pty Ltd’s rights under these terms of service in relation to user content, Rushworth Consultancy Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Rushworth Consultancy Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Rushworth Consultancy Pty Ltd does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, psychological, or medical matter you should consult an appropriate professional.
Rushworth Consultancy Pty Ltd reserves the right to vary, change, modify, add to, subtract from, terminate, or suspend any part or all of this website without notice at any time.
Rushworth Consultancy Pty Ltd is under no obligation to provide support to users or visitors not to provide website maintenance.
Limitations of liability
Rushworth Consultancy Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss
- for any indirect, special, or consequential loss, or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Rushworth Consultancy Pty Ltd has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Rushworth Consultancy Pty Ltd liability in respect of any:
- death or personal injury caused by Rushworth Consultancy Pty Ltd’s negligence
- fraud or fraudulent misrepresentation on the part of Rushworth Consultancy Pty Ltd, or
- matter which it would be illegal or unlawful for Rushworth Consultancy Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Rushworth Consultancy Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Rushworth Consultancy Pty Ltd’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Rushworth Consultancy Pty Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Rushworth Consultancy Pty Ltd.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Rushworth Consultancy Pty Ltd and undertake to keep Rushworth Consultancy Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Rushworth Consultancy Pty Ltd to a third party in settlement of a claim or dispute on the advice of Rushworth Consultancy Pty Ltd’s legal advisers) incurred or suffered by Rushworth Consultancy Pty Ltd arising out of any breach by you of any provision of these terms of service, or arising out of any claim that you have breached any provision of these terms of service.
Breaches of these terms of service
Without prejudice to Rushworth Consultancy Pty Ltd’s other rights under these terms of service, if you breach these terms of service in any way, Rushworth Consultancy Pty Ltd may take such action as Rushworth Consultancy Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Rushworth Consultancy Pty Ltd may revise these terms of service from time-to-time. Revised terms of service will apply to the use of this website from the date of the publication of the revised terms of service on this website. Please check this page regularly to ensure you are familiar with the current version.
Rushworth Consultancy Pty Ltd may transfer, sub-contract or otherwise deal with Rushworth Consultancy Pty Ltd’s rights and/or obligations under these terms of service without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of service.
If a provision of these terms of service 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 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.
These terms of service constitute the entire agreement between you and Rushworth Consultancy Pty Ltd in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms of service will be governed by and construed in accordance with the laws of the state of Queensland, Australia, and any disputes relating to these terms of service will be subject to the non-exclusive jurisdiction of the courts of the state of Queensland.
About these website terms of service
This document is based on a Contractology website terms of service template available at www.freenetlaw.com. Premium forms available from Contractology include exclusive distribution agreements.
Registrations and authorisations
Rushworth Consultancy Pty Ltd is registered with the Australian Business Register. You can find the online version of the register at http://abr.business.gov.au/. Rushworth Consultancy Pty Ltd’s registration number is ABN 64 097 075 324.