About this Website

The material on this website is owned and operated by Arrilla Indigenous Consulting Pty Ltd (ABN 55 606 241 203) (we, our and us) under the domain name arrilla.com.au (the Website). This document sets out the terms and conditions (Terms of Use) on which you (you) may access and use this Website.

Your use of the material published on the Website, including information, text, graphics, software, photographs, images, videos, music, audio files, trademarks and other content (Our Material) and the Website is governed by these Terms of Use. By accessing or using the Website and Our Material, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should cease using the Website.

Our Material

This Website provides general information about the services we provide, including education and consultancy services and the Arrilla online training programs (the Programs) (the Services). The Website contains information, resources and fact sheets in relation to the Services. The Website facilitates access to allow users to register for and participate in the Programs. These Terms of Use do not apply to use of the Programs.

Our Material contains general information about us and our services or the use and support of the Programs and is not tailored to your particular circumstances or requirements.

We do not guarantee that Our Material or services provided on the Website will be reliable, accurate, correct or complete. For example, Our Material may at times be out of date and include errors or omissions.

Your use of Our Material
All intellectual property rights in the Website (including the trademark ‘ARRILLA’ (Trade Mark), software, design, text and graphics comprised in the Website and the selection and layout of the Website) and Our Material are owned or licensed by us.

We grant you a non-exclusive, revocable, non-sublicensable licence to access and view the Website and Our Material. You may retrieve and display content on a computer screen, print and copy individual pages. You acknowledge that you do not own any intellectual property rights in the Website or any of Our Material.

You must not:

• otherwise reproduce, communicate, modify, adapt, translate, publish, upload to a third party, link to, distribute or transmit the Website or any of Our Material in any form without our specific prior written consent;
• remove, obscure or alter any proprietary rights notice (including copyright and trade mark) contained in the Website or Our Material;
• use Our Material in any way for commercial gain or in any way that suggests that you are affiliated with, or endorsed by, us;
• or do any act which would bring the Trade Mark or us into disrepute or damage goodwill or reputation of us or the Trade Mark.

Availability of the Website

We cannot guarantee that this Website will be free from viruses, defects or errors or that access to this Website or a website or application owned, operated or produced by third party organisations independent of us (Third Party Site) will function as intended or be uninterrupted. Since electronic services are subject to interruption and breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.

We may withdraw this Website at any time and without notice to you.

Your use of the Website

You agree that you will not:

• use any information on this Website for any commercial gain or otherwise (either directly or indirectly) for profit or gain;
• use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
• use any data mining, robots or similar data gathering and extracting tools in connection with this Website;
• or transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, trojan horses, timebombs or other malicious or harmful programming.

Linking Policy

The Website may contain links to Third Party Sites. Any link is provided for convenience only and we have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.

Your consumer rights

Consumer guarantees (Consumer Guarantees) under schedule 2 of the Competition and Consumer Act 2010 (the Australian Consumer Law (ACL)) may apply to these Terms of Use. Where they do, those Consumer Guarantees and your rights under them cannot be excluded, restricted or modified by this Agreement (Your Consumer Rights). In Australia, Your Consumer Rights include that services will be provided with due care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Nothing in these Terms of Use is intended to exclude, restrict or modify Your Consumer Rights. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, where it is ‘fair and reasonable’ (as defined by the ACL) for us to do so, we limit our liability for your loss arising from our failure to comply with any Consumer Guarantee relating to the services provided pursuant to the Website to, at our option: the supplying of the services again, or (ii) the payment of the cost of having the services supplied again.

Subject to your Consumer Rights, we are not liable:

• for any loss (howsoever caused, including by our negligence) whether or not reasonably foreseeable to you and us;
• for any business-related loss (howsoever caused, including by our negligence) including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; and
• to the extent that your loss was contributed to by you or any other matter outside of our reasonable control.

Other than Your Consumer Rights, any condition or warranty which would be implied by law into these Terms of Use is excluded.

If you suffer any loss in connection with the Website, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

Indemnity

You indemnify us in respect of all loss, damage, liability, costs or expenses suffered or incurred by us, howsoever caused, as a result (directly or indirectly) of your use of the Website or a breach of these Terms of Use, the Privacy Policy, or any law or the rights of a third party.

Changes to these Terms of Use

These Terms of Use are current at the effective date at the end of this document. We may amend these Terms of Use by posting the amended Terms of Use on this Website.

By you continuing to use the Website, such amended Terms of Use will apply from that point forward.

General

These Terms of Use are governed by the law applicable in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

If we fail to enforce any of our rights under these Terms of Use, that does not mean we waive those rights. If you fail to enforce any of your rights under these Terms of Use that does not mean you waive those rights.

These Terms of Use are personal to you and you may not assign or otherwise transfer any rights under these Terms of Use without our prior written consent. We may assign or otherwise transfer our rights and obligations under these Terms of Use as we require.

Contact details

If you have any questions or comments regarding these Terms of Use please contact us via email at:

Arrilla Indigenous Consulting Pty Ltd

ABN: 55 606 241 203

Email: info@arrilla.com.au

Last updated: 11 August 2020