1. About This Website
This website is owned and operated by Mercier Corporation Pty Ltd under the domain names (“the Website”) "http://www.mercierbcs.com.au/"
2. Acceptance of Terms
2.2 We reserve the right to update, vary or amend these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
3. The Services
The Website may provide communication tools such as email, bulletin boards, eNewsletters, chat areas, news groups, forums and/or other message or communication facilities ("Associated Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only with all content remaining the intellectual property of Mercier Corporation Pty Ltd.
4.1 We are committed to responsible data management and subscribe to the principles within the relevant privacy legislation in Australia. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you use any of the “contact us” forms you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for the purpose of providing you with a response to the specified query or request.
5. Acceptable Use
In using the Website, you agree:
- Not to use the Website or associated services contrary to these Terms and Conditions;
- To be bound by relevant laws and regulations concerning the transmission of any emails.
6. Links to Third Party Websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Mercier Corporation Pty Ltd is not responsible for the content or availability of any such sites.
7. Intellectual Property Rights
7.1 The Website and Associated Services together with their respective content (including without limitation, the Website / associated services design, text, graphics and all software and source codes connected with the Website and the Associated Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. Copyright in the Content on this Website is owned by Mercier Corporation Pty Ltd , unless indicated otherwise.
8. Indemnity and Liability
8.1 You agree to indemnify Mercier Corporation Pty Ltd from and against any breach by you of these Terms and Conditions and any claim or demand brought against Mercier Corporation Pty Ltd by any third party arising out of your use of any content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Mercier Corporation Pty Ltd in consequence of your breach of these Terms and Conditions.
9. Disclaimers and Limitation of Liability
9.1 Use of the Website is at your own risk. The Website and Associated Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 To the extent permitted by law, Mercier Corporation Pty Ltd will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or Associated Services.
9.3 Mercier Corporation Pty Ltd makes no warranty that the Website will meet your requirements, that content will be accurate or reliable, that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Mercier Corporation Pty Ltd for death or personal injury as a result of the negligence of Mercier Corporation Pty Ltd.
9.5 Nothing in these Terms and Conditions shall affect your statutory rights as a user of this Website and Associated Services.
10. legal information/consultation
10.1 MBCS or its delegate (“MBCS”) provides information within this website and in the free consultation (“the information”) and accepts no responsibility for the way in which this information is used, or for the results of any actions taken on the basis of information therein outlined.
10.2 MBCS aims to provide information that is accurate and based upon a significant level of skill and expertise, however, laws may change at any time and therefore MBCS accepts no responsibility for any errors or omissions in the information provided on this website.
10.3 MBCS may periodically make changes to the information by deleting, changing or adding content at any time and without notice.
10.4 MBCS or any of its delegates are note acting as a legal practitioner within the meaning of the Legal Profession Act and, unless Marc Mercier is briefed in the capacity of a legal practitioner, any advice is deemed to be information provided in good faith and on a voluntary basis. You should therefore not place reliance on the information in the absence of a formal engagement to conduct legal work.
10.5 MBCS otherwise takes no responsibility or liability for any expenses, loss, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect, and continue to be binding and enforceable.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and you hereby submit to the exclusive jurisdiction of the State of Queensland courts.