DEAL SHERPA TERMS OF USE

1. INTRODUCTION

  1. This Terms of Use (“Agreement”) is a legal agreement explaining the terms that all visitors, users, clients and customers must comply with when using www.dealsherpa.com.au (“Website”).
  2. By accessing the Website, you confirm that you agree to abide by all these Terms of Use. These terms apply to the entire website and any email or other type of communication between you and Sourire Consulting Pty Ltd ABN 53 145 262 531 (“we”, “us”, “our”). We ask you to please read these terms carefully. If you do not agree with our terms, you must cease using the Website immediately.
  3. The Agreement incorporates our Privacy Policy.
  4. These Terms of Use are governed by the laws of New South Wales and Australia. You agree to be subject to the jurisdiction of the laws of New South Wales and Australia.
  5. You are responsible for ensuring you comply with all applicable laws in Australia and in any other country.

2. SERVICES

  1. We will provide the Services to you in consideration for You paying the Subscription to Us, subject to the provisions of this Agreement.
  2. The Services will be performed by Deal Sherpa or agents that We may choose as most appropriate to carry out the Services.
  3. The Services provided are not Legal or financial advice. Legal and Financial advice should be sought before entering into any investment.

3. SUBSCRIPTIONS

  1. Payment of Subscriptions
    1. Our Subscription fees are set out in Our Price Guide.
    2. In consideration of Our provision of the Services, You must pay Us the Subscription Fee.
    3. You acknowledge that the subscription fees are inclusive of any GST that may be charged by Us to You.
  2. Invoicing
    1. We will provide You with a tax invoice for the Subscriptions fees.
  3. Additional Costs and disbursements
    1. We are permitted to charge for all additional costs and expenses reasonably incurred in performing the Services as set out in Our Price Guide.

4. NO PARTNERSHIP OR EMPLOYMENT RELATIONSHIP

  1. Nothing in this Agreement constitutes the relationship of employer and employee between You and Us or between You and Our personnel or any joint venture, partnership or agency agreement. It is the express intention of the Parties that any such relationships are denied.

5. USER RIGHTS AND RESPONSIBILITIES

  1. Acceptable Use
    1. The Website and any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
    2. You must use the Website for lawful purposes only.
  2. Prohibited Use
    1. You must not disrupt or attempt to disrupt our servers in any way that may cause harm to the Website.
    2. You must not harass, abuse, threaten or incite violence towards any individual or group.
    3. You must not use any portion of the Website for emailing, transmitting or otherwise making available junk mail, commercial advertisements or any other form of commercial solicitation.

6. OUR CONTENT

  1. All the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by us, our licensors, vendors, agents and/or our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights.
  2. The Website, Our Content and all related rights shall remain our exclusive property unless otherwise expressly agreed.
  3. You must not remove any copyright, trademark or other proprietary notices from material found on the Website.

7. WEBSITE INFORMATION

  1. We attempt to ensure that information on the Website is complete, accurate and current. Despite our best efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
  2. Through using the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using the Website, you assume all associated risks.

8. SECURITY

  1. Information provided by you through the Website is stored on a secured server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through the Website or in databases stored on our servers.

9. INTELLECTUAL PROPERTY RIGHTS

  1. Our intellectual property is protected under copyright, trademark and other intellectual property laws.
  2. As part of the Agreement, you agree to not reproduce, distribute, sell, publish or broadcast any of the material found on the Website without our prior written consent.

10. COPYRIGHT NOTICE

  1. All Website design, graphics, text selections, arrangements and all software are of Copyright © 2023, Sourire Consulting Pty Ltd, its Licensors or Licensees. ALL RIGHTS RESERVED.

11. PRIVACY POLICY

  1. Your personal information will only be used in accordance with our Privacy Policy.

12. WARRANTIES, LIABILITY AND INDEMNITIES

  1. Warranties
    1. We warrant that We will use reasonable care and skill in performing the Services.
    2. You warrant that You have complied with all applicable legal obligations pertaining to the work, that is, the subject matter in connection with the Services provided.
    3. You warrant that you understand that the Services provided do not represent legal or financial advice, and results generated as part of the Services are based on information provided to us by You.
    4. You acknowledge that the Services provided by Us to You in no way directs, suggests, tells, or otherwise encourages you to make any investment.
    5. You acknowledge that prior to entering into an investment, whether or not as a result of using Our Services, that you will seek legal and financial advice.
    6. We give no warranty as to the accuracy of the Services generated from information provided by You.
    7. You indemnify and will keep Us indemnified against all liability, costs, direct and indirect claims and demands by any person or entity arising out of any breach of this Agreement, or any statute, regulation or by-law, or:
      1. arising out of the use of the Services;
      2. for any negligent or wilful act or omission of You; and
      3. any act or omission of You in connection with this Agreement whether at common law or statute.
    8. To the extent permitted by law, Our liability under any guarantee condition or warranty under any legislation or implied into this Agreement is expressly excluded.
    9. You indemnify and will keep Us indemnified against all liability, costs, direct and indirect claims and demands by any person or entity with regard to file loss, damage, equipment theft or damage arising as a result of any event not caused by the wilful or negligent action of Us.
  2. Insurances and compliance
    1. We will take out all insurance required by law including public liability insurance.
    2. We will comply with all legislation applicable to Our employees and agents.
    3. We will comply with all relevant work, health, safety and welfare standards and regulations as prescribed by legislation.
  3. Limitation of liability

    Except in the case of death or personal injury caused by Our negligence, Our liability under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by You to Us under this agreement.

    Neither Party is liable to the Other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that Other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

  4. Survival of obligations

    The obligations accepted by Us under this Clause survive termination or expiry of this Agreement.

13. CANCELLING AND REFUNDS

  1. We may limit, suspend, cancel or prohibit access to the Site, or take technical and legal steps to keep you off the site if we become aware that you may be creating legal liabilities, infringing any laws, or infringing intellectual property rights of us or third parties, or if you breach the Agreement, or if we believe your actions may cause loss or damage to or unlawfully harm you, our other users, third parties, or us.
  2. Upon termination of this Agreement by Us, any Fees payable by You to Us in respect of any period prior to the termination date must be paid by You to Us immediately.
  3. You may cancel the agreement at any time. Where a subscription has been paid and you wish to cancel the subscription, we will refund the remaining value of the subscription with the exclusion of the current months fee.
  4. No Refunds are available for month to month subscriptions.

14. ENTIRE AGREEMENT

  1. The Agreement contain all the terms agreed between you and us and supersedes and excludes any prior Terms of Use published on the Website.
  2. Upon termination of this Agreement by Us, any Fees payable by You to Us in respect of any period prior to the termination date must be paid by You to Us immediately.
  3. You may cancel the agreement at any time. Where a subscription has been paid and you wish to cancel the subscription, We will refund the remaining value of the subscription with the exclusion of the current months fee.
  4. No Refunds are available for month to month subscriptions.

15. AMENDMENTS AND VARIATIONS

  1. The Agreement is subject to amendments and changes from time to time and at our discretion. Your continued use of the Website after the amendments and changes will mean that you agree, without qualification, to the revised Agreement.
  2. Should you object to any such amendments or changes to the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website.
  3. Using, visiting or accessing the Website after the effective date means that you agree to be bound by any and all revisions.

16. THIRD PARTY SERVICES

  1. We use Google Maps APIs to provide content and functionality to our website. By using our website, you accept the terms and conditions and privacy policy of Google.

17. GENERAL

  1. We may limit, suspend, cancel or prohibit access to the Site, or take technical and legal steps to keep Neither Party has any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party.
  2. The Party affected by these circumstances must promptly notify the Other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
  3. If such circumstances continue for a continuous period of more than Two (2) months, either Party may terminate this Agreement by written notice to the Other Party.
  4. This Agreement may only be amended in writing signed by duly authorised representatives of the Parties.
  5. Neither Party may assign or transfer any or all its rights and obligations under this Agreement without the prior written agreement of the Other Party.
  6. This Agreement contains the whole agreement between the Parties in respect of the subject matter of the Agreement, and the Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
  7. No failure or delay by Us in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  8. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
  9. If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
  10. This Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in New South Wales and Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and Australia.

18. FEEDBACK

  1. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website. You may submit feedback by emailing us on: sherpa@dealsherpa.com.au.
  2. If you review us, or provide us with a testimonial, you permit us to post or otherwise transmit the review or testimonial on our social media or other channels. You can email us and ask us not to do this at any time.

18. CONTACT US

  1. If you have any questions or comments about the Agreement, please contact us on sherpa@dealsherpa.com.au.