Terms of Use

ACCEPTANCE OF THESE TERMS OF USE

The Egan Associates website (“Site”) is owned and operated by Egan Associates Pty Limited ABN 40 151 482 905 (“Egan Associates”).

These terms and conditions and any other terms, policies, notices and disclaimers contained on this page and elsewhere on the Site (“Terms of Use”) set out the terms of access to and use of the Site. These Terms of Use must be read together with the Privacy Policy. Your use of and access to the Site is conditional upon your acceptance of the Terms of Use and constitutes your agreement to be bound by the Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Egan Associates reserves the right to change the Terms of Use at any time with or without further notice to you, and you should periodically refer to them on this page and elsewhere on the Site. Your use of the Site is an acknowledgement of your knowledge of and acceptance of those changes.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Egan Associates and Egan Associates is not responsible for the contents of any Linked Site, and shall not be liable for any damage arising out of their use. Egan Associates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Egan Associates of the site or any association with its operators.

USE OF THE SITE

As a condition of your use of the Site, you warrant to Egan Associates that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree that when using a Communication Service or the Site, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own the rights thereto or have secured all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Site;
  • Violate any code of conduct or other guidelines which may be applicable for the Site or any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent; and/or
  • Violate any applicable laws or regulations.

Egan Associates has no obligation to monitor the Communication Services. However, Egan Associates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Egan Associates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Egan Associates reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Egan Associates’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your friends, associates or family in any Communication Service. Egan Associates does not control or endorse the content, messages or information found in any Communication Service and, therefore, Egan Associates specifically denies any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Egan Associates spokespersons, and their views do not necessarily reflect those of Egan Associates.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

OWNERSHIP OF CONTENT ON THE SITE

The Site and all related material and content including without limitation all information, text, materials, graphics, software, tools, results derived from the use of the Site, logos, names or trade marks (“Content”) are protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Content are owned by Egan Associates and/or its suppliers or licensors respectively. All rights reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation), or as otherwise provided for on this Site, no part of any Content may in any form or by any means (including electronic, mechanical, photocopying or recording) be copied, reproduced, adapted, stored, republished, sold, distributed or transmitted without the prior written permission of Egan Associates. You may view, access or interact with the Site and save a copy, or print out a copy of parts of the Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site, and do not remove any copyright and trade mark notices contained on the Content.

Egan Associates makes no warranties or representations that material on other Linked Sites does not infringe the intellectual property rights of any person anywhere in the world.

The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

MATERIALS PROVIDED TO EGAN ASSOCIATES

Egan Associates does not claim ownership of the materials you provide to Egan Associates (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or by making your Submission you are granting Egan Associates, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Egan Associates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Egan Associates’ sole discretion.

By posting, uploading, inputting, providing or making your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or make the Submissions.

LIABILITY DISCLAIMER

The Content, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Egan Associates and/or its suppliers or partners may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Egan Associates, its suppliers and partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Content, software, products or services contained on or available through the Site for any purpose. To the maximum extent permitted by applicable law, all such information, Content, software, products and services are provided “as is” without warranty or condition of any kind. Egan Associates, its suppliers and partners hereby disclaim all warranties and conditions with regard to this Content, software, products and services, whether express or implied.

To the maximum extent permitted by applicable law, in no event shall Egan Associates, its suppliers and/or partners be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with any delay, interruption, error or inability to use the Site or related services, the provision of or failure to provide services, or for any Content, software, products and services obtained through the Site, or otherwise arising out of the use of the Site.

Nothing in these Terms of Use excludes, restricts or modifies any condition or warranty which may at any time be implied by applicable laws including the statutory consumer guarantees as provided in the Competition & Consumer Act 2010 (Cwth) except where it is legally permitted to do so. If Egan Associates should be liable for the breach of a term implied by law, and it is legally permitted to do so, its liability will be limited at the option of Egan Associates, to: (i) in the case of services supplied by Egan Associates – the re-supply of the services or payment of the cost of doing this; or (ii) in the case of goods supplied by Egan Associates – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

INDEMNITY

You indemnify Egan Associates, our affiliates, partners, suppliers, licensors and licensees, and our respective directors, officers, employees and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using the Site.

SERVICE CONTACT : mail@eganrem.com

TERMINATION/ACCESS RESTRICTION

Egan Associates reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Egan Associates has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.

GENERAL

The Site and its contents including its Terms of Use and Privacy Policy will be governed by and interpreted in accordance with the laws of the State of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the Site or its Terms of Use or Privacy Policy. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Egan Associates as a result of the Terms of Use or use of the Site. Egan Associates’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Egan Associates’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Egan Associates with respect to such use.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in full force and effect.

Unless otherwise specified herein, the Terms of Use constitute the entire agreement between you and Egan Associates with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Egan Associates with respect to the Site.