Terms of Use
By using this website you are deemed to accept the following terms and conditions.
This website is owned and operated by Fitzpatrick and Company Pty Ltd ABN 36 169 600
168 (the "Company"). By using this website you are deemed to accept the following terms
and conditions ("this website" means the whole or any part of the web pages located at
www.fitzpatrickandco.com, and include: the layout of this website; individual elements of
this website's design; the underlying code elements of the website; or text, sounds, graphics,
animated elements and any other content of this website).
If you use this website on behalf of your employer, a company or other legal entity, you
warrant that you have full legal authority to bind that entity to these terms of use and both
you and the entity on whose behalf you are entering into these terms of use will be bound by
these terms of use.
Disclaimer
The content on this website is provided by the Company on an "as is" basis for general
information purposes only and is not intended to be or to constitute or be a substitute for
professional advice. All information available on this website is prepared so that it is current
as at the date of its writing. Such information can rapidly become out of date. You must make
your own assessment of the information on this website and any reliance you place on it is
done wholly at your own risk.
Neither the Company nor any other person makes any representations about the suitability,
reliability, timeliness, comprehensiveness or accuracy of the information and other content
contained on this website. The Company may, from time to time, change or add to this
website without notice. However, neither the Company nor any other person undertakes to
keep this website updated. Neither the Company nor any other person is liable to you or
anyone else if errors occur in the information on this website or if that information is not up-
to-date.
You should seek appropriate professional advice in reviewing or considering the content of
this website and all other information with respect to the Company and evaluating the
business, financial performance and operations of the Company. Neither the provision of this
website or the information on this website should be taken as constituting the giving of
investment or financial advice or any other advice to any person in respect of dealings with
the Company.
You must not rely on the information provided but should make, and will be taken to have
made, your own investigation, assessment and analysis of the information provided on this
website.
Neither the Company nor any other person can, or does, guarantee that the content and the
provision of the content of this website will always be correct or fault, error and virus free.
Neither the Company nor any other person associated with the Company accepts liability for
incorrect content or errors and omissions in this website or its content (whether of factual,
typographical, technical or other nature) but the Company will endeavour to correct them if
the Company becomes aware of them. Neither the Company nor any other person will be
liable for any interference with or damage to your computer systems that may occur in
connection with use of this website or a linked website, or for any data lost or any equipment
or software replaced by you as a result of you using this website. You must take your own
precautions to ensure that whatever you select for your use from this website is free of viruses
or anything else (such as worms or Trojan horses) that may interfere with or damage the
operations of your computer systems.
Save in respect of any liability that cannot be excluded at law, neither the Company nor any
other person associated with the Company will be liable directly or indirectly in contract, tort
(including but not limited to negligence), equity or otherwise for any damage whatsoever in
connection with this website or any use of content provided on this website, including any
direct, indirect, special, incidental or consequential damage (including but not limited to loss
of profit, interest, data, business revenue, anticipated savings, business or goodwill).
Neither the Company nor any other person associated with the Company will in any way be
liable to you or anyone else for any loss or damage, however caused which may be directly or
indirectly suffered in connection with websites of other entities that are hyperlinked from this
website.
To the extent permitted by applicable law, all representations, warranties and other terms are
excluded.
This general disclaimer is not restricted or modified by any specific warnings and disclaimers
elsewhere on this website.
User rights and intellectual property rights
This website is the Company's copyright property. All rights are reserved.
You are provided with access to this website only for your personal and non-commercial use.
Other than for these permitted purposes, and for the purposes of and subject to the conditions
prescribed under laws that apply in your location, you may not, in any form or by any means,
without the Company's prior written permission:
- copy, adapt, reproduce, store, distribute, transmit, print, display, perform, publish or
- create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website.
All rights in this website and the content on this website including copyright, design rights,
patents, inventions, knowhow, database rights, trade marks, source codes and any other
intellectual property rights in any of the foregoing are reserved to the Company and/or its
content and technology providers.
All trade names, trade marks, service marks and other product and service names and logos
(the "Marks") displayed on this website are proprietary to their respective owners and are
protected by applicable laws including trade mark and copyright laws.
Nothing contained on this website should be construed as granting any licence or right of use
of any other person's or entity's trade mark which is displayed on this website without their
express permission. You may not remove, change or obscure the Company logo or any
notices of proprietary rights on any content of this website.
Links
This website may contain links to other websites solely for your convenience only and may
not remain current or be maintained. The Company does not sponsor, endorse, recommend or
approve of any information, products or services referred to on such linked sites and assumes
no responsibility for the contents of any other website to which this website offers links.
You may not link the homepage or any other parts of this website without the Company's
prior written consent.
Your use of any link to a linked website is entirely at your own risk. Unless stated otherwise
on this website, the Company has no relationship with the owners or operators of those linked
websites and no control over or rights in those linked websites.
Alterations
The Company reserves the right to terminate, suspend or alter the content of this website and
to amend these terms of use at any time. Continued use of this website after alteration of
these terms of use will be deemed to constitute acceptance of such alterations. Accordingly,
you should read these terms of use from time to time.
Indemnity
You agree to indemnify and hold harmless the Company and any of its related bodies
corporate, and the directors, officers, agents, employees, representatives, advisers or agents of
each of them, and each of their successors, (each an "Indemnified Party") against all costs,
liabilities, damages, actions, claims, losses, costs and expenses that an Indemnified Party may
incur to you or any other person as a result of your breach of these terms of use or your use of
this website.
General
If any provision of these terms of use is or becomes invalid, illegal or unenforceable in any
respect under the law of any jurisdiction:
- the validity, legality and enforceability under the law of that jurisdiction of any other provision; and
- the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, will not be affected or impaired in any way as a result.
These terms of use and any dispute, controversy, proceedings or claim of whatever nature
arising out of or in any way relating to these terms of use will be governed by and construed
in accordance with the laws of the state of Western Australia and the courts of Western
Australia, and the Courts competent to determine appeals from those Courts, will have
exclusive jurisdiction to resolve any disputes between us relating to these terms of use.