Terms and Conditions

(Updating version last modified 25 February 2020)

About the Website
1. Welcome to www.acutechintel.com, which includes any Acutech Mobile Software Application (‘App’) we may introduce in the future (the ‘Website’). The Website facilitates interactions between:
  1. Individuals or organisations (the ‘Solution Receiver’) seeking solutions and advice (‘Professional Advice’) from a Professional Solutions Adviser; and
  2. A Professional Solutions Adviser (the ‘Solution Provider’) offering their assistance using a packaged solution powered by Acutech and offered on the Website (‘Professional Services’), making it easier for the Solution Receiver and the Solution Provider to locate, communicate, request, offer, arrange payment and deliver the Professional Advice as a packaged tailored solution in a time effective and secure manner via the Website (the ‘Acutech Services’).
2. The Website is operated by Acutech Intelligence Pty Limited (‘Acutech’) (ABN 77 623 868 299). Access to and use of the Website, including any App or any of its associated products, or the Acutech Services, is provided by Acutech under these terms and conditions and any Acutech policies including the Acutech Services Privacy Policy (the ‘Terms’) which should be read carefully.
3. The Acutech Services may include providing access to the Website and associated interactions (including the development of the content for Acutech Services) involving Professional Solutions Advisers, Professional Solutions Builders, certain Client Adviser Users (each defined below) or other membership categories we introduce as part of our Acutech Community (collectively ‘Acutech Community Member’) which access may be subject to an application and qualification process and specific terms and conditions that are only available to qualifying Acutech Community Members. The Terms apply to an Acutech Community Member subject to any such specific terms and conditions as agreed separately by written agreement.
Acceptance of the Terms
1. If you accept the Terms you are legally bound. You accept the Terms by registering for the Acutech Services, by selecting you agree to the terms and conditions when ordering an Acutech Solution and/or making or receiving any payment for use of the Acutech Services or if you receive Professional Services from a Solution Provider. You may also accept the Terms by registering on the Website and by clicking to accept or agree to the Terms where and if this option is made available to you on the Website.
2. A Solution Provider also accepts the Terms by agreeing to be a Solution Provider, or otherwise providing services as a Solution Provider.
3. Professional Solutions Builder also accepts the Terms by agreeing to be a Professional Solutions Builder, or otherwise providing services as a Professional Solutions Builder.
4. By using, browsing, remaining on and/or reading the Website, this signifies that you have read, understood, accept and agree to be bound by the Terms whether or not you register to become a member. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Acutech Services, immediately.
5. In the course of using the Website, you may also be required to accept additional terms and conditions from third-parties such as Acutech’s payment gateway providers. If you do not accept those terms, you should not transact on the Website.
Registration to use the Acutech Services
1. In order to access the Acutech Services, both the Solution Receiver and the Solution Provider are required to register for an account through the Website or by accepting the Terms or by making or accepting an order for an Acutech Solution on the Website or otherwise (the ‘Account’).
2. As part of the registration process, or as part of your continued use of the Acutech Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. Full name
  2. Email address
  3. Preferred username
  4. Mailing address
  5. Telephone number
  6. Password
  7. Role or title
  8. Name of the organisation that you represent or employs you.
3. Acutech may require that each Solution Provider:
  1. has the necessary licensing or certification to perform the relevant Professional Services;
  2. maintains the usual insurances as required by a prudent provider of similar services; and
  3. has professional experience relevant to the particular Professional Services.

Acutech does not have any responsibility to review, approve or verify any information provided by the Solution Provider or guarantee the accuracy of the information to users of the Website.

You warrant that any information you give to Acutech in the course of completing the registration process will always be accurate, correct and up to date and you have not registered under a false or misleading name, a fake account, an alias or falsely stated the organisation you represent or that employs you.
Once you have completed the registration process, you will be a registered member of the Website (‘Acutech Member’) and agree to be bound by the Terms. An Acutech Member includes an Acutech Community Member who has accepted the Terms.
Acutech may include tools to help Acutech Members to verify the identity of other Acutech Members (‘Identity Verification Services’). These tools may include mobile phone verification technology, verification of payment information, a “Reviews” feature (allowing an Acutech Member to request other Acutech Members to post a reference on the Website endorsing that Acutech Member or a solution listed as part of Acutech Services), and integration with social networking sites such as Facebook, Twitter and Linked In.
You agree that Identity Verification Services may not be accurate as they are dependent on member-supplied information, and that Acutech makes no warranty as to the accuracy of the Identity Verification Services.
The Acutech Services Identity Verification Services may be modified at any time.
At its absolute discretion, Acutech may refuse to allow any person to register or create an Account with Acutech, cancel or suspend any existing Account.
You may not use the Acutech Services and may not accept the Terms if:
1. you are not of legal age to form a binding contract with Acutech;
2. you are a person barred from receiving the Acutech Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Acutech Services; or
3. you do not have a genuine bona fide intention of using the Acutech Services as a Solution Provider or Solution Receiver of Professional Advice or as an Acutech Community Member or you intend to use the Acutech Services for non-bona fide or fake commercial purposes including the gathering of confidential data or intelligence for commercial, academic or regulatory purposes or commercial or industrial espionage.
Your obligations as an Acutech Member
1. As an Acutech Member, you agree to comply with the following:
  1. you will not share your profile with any other person;
  2. you will use the Acutech Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  3. you have sole responsibility for protecting the confidentiality of your password, username and/or email address. Use of your password by any other person may result in the immediate cancellation of the Acutech Services;
  4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Acutech of any unauthorised use of your password, username or email address or any breach of security of which you have become aware;
  5. you must not expressly or impliedly impersonate another Acutech Member or use the profile or password of another Acutech Member at any time;
  6. any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content’) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
  7. you agree not to harass, impersonate, stalk, threaten another Acutech Member of the Website (where interaction with other Acutech Members is made available to you);
  8. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Acutech Services;
  9. you will not use the Acutech Services or the Website in connection with any commercial, academic or regulatory endeavours except those that are specifically endorsed or approved by the management of Acutech;
  10. you will not use the Acutech Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Acutech Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  11. you will not use the Acutech Services or Website for non-bona fide fake, misleading or fraudulent purposes including the gathering of confidential data or for commercial, academic or regulatory purposes or commercial or industrial espionage.
  12. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Acutech Member profiles without notice and may result in termination of the Acutech Services. Appropriate legal action will be taken by Acutech for any illegal or unauthorised use of the Website; and
  13. you acknowledge and agree that any automated use of the Website or its Acutech Services is prohibited.
2. Using the Website as the Solution Receiver
  1. The Solution Receiver is an individual or organisation which is an Acutech Member requesting Professional Services either for the benefit of themselves or the company or organisation they represent as an end-user or an adviser (‘Client Adviser User) who requests the Professional Services in order to assist them in advising their own client (‘Client of Client Adviser User’).
  2. The Solution Receiver will access the Website to browse and read about solutions that may be able to help with the issue or problem for which they are seeking professional assistance, including accessing pricing details available on the Website or through communications with Acutech. Once the Solution Receiver becomes an Acutech Member of the Website they can obtain pricing details and make an order requesting the Professional Services described on the Website which they choose as being a solution they require (‘Acutech Solution’) for the price disclosed in the order.
  3. Acutech will arrange for a contract (‘Professional Services Contract’) to be issued by the Solution Provider to the Solution Receiver which will disclose the scope, price and terms of the Professional Services to be provided by the Solution Provider in relation to the Acutech Solution under the Professional Services Contract. Neither Acutech nor the Solution Provider are responsible for whether you choose the correct or appropriate Acutech solution for your circumstances. Neither Acutech nor the Solution Provider are responsible to an Client Adviser User’s Client under any circumstances. The Client Adviser User will be solely responsible to the Client Adviser User’s Client.
  4. On accepting the terms of the Professional Services Contract, Acutech will provide access to the Acutech e-Meeting room or other software to allow the Solution Receiver to provide information, answers or responses to questions in order to enable the Solution Provider to issue the Professional Advice tailored to the information you provide for the Acutech Solution you have requested. The Professional Advice will be based solely on the responses you provide in the e-Meeting room or other software and no other information. Failure to complete responses to questions marked as “required” in the e-Meeting room or in other software may preclude the delivery of the Acutech Services and you will not be able to rely on the Professional Advice provided by the Solution Provider.
  5. Following submission of the completed responses, Acutech will arrange with the Solution Provider to issue the Professional Advice which will be delivered by Acutech to the Solution Receiver, at which time the Professional Services and Acutech Services will be completed and no further correspondence or work will be conducted. Any additional work should be arranged directly with the Solution Provider under a separate Professional Services Contract which is not covered by the Acutech Services provided by the Website. Acutech does not provide professional advice and its role is solely limited to providing the Acutech Services. PLEASE NOTE ACUTECH IS NOT A LAW FIRM, TAX AGENT, CHARTERED ACCOUNTANT OR OTHER PROFESSIONAL ADVISER AND DOES NOT PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE. OTHER THAN THE PROFESSIONAL ADVICE ISSUED BY A SOLUTION PROVIDER UNDER A PROFESSIONAL SERVICES CONTRACT, ANY INFORMATION OR DOCUMENTS PROVIDED BY OR OTHERWISE OBTAINED FROM ACUTECH OR ON THE WEBSITE IS NOT LEGAL OR PROFESSIONAL ADVICE.
  6. Acutech will provide the Solution Receiver with an invoice issued by the Solution Provider for the Professional Services which must be paid in accordance with the terms of the Professional Services Contract either immediately and prior to the issue of the Professional Advice, or within such time as allowed in writing at the sole discretion of either the Solution Provider or Acutech. Payment of the invoice must be made as directed by Acutech in accordance with the Contract for Professional Services.
  7. All communications and deliveries of the Professional Services will be made by Acutech to the email address the Solution Receiver provided on registration, or through an online account, or as otherwise determined, at the sole choice and discretion of Acutech. The Solution Receiver will not make any direct contact with the Solution Provider in connection with the Profession Services ordered using the Acutech Services other than by using the Website, unless agreed at the sole choice and discretion of Acutech.
3. Using the Website as the Solution Provider
  1. The Solution Provider is a professional adviser selected by Acutech, based on the Solution Provider’s representations as to its qualifications, skills and experience, to provide the Professional Services in relation to a particular Acutech Solution (‘Solution Provider’s Acutech Solution’).
  2. For each Solution Provider’s Acutech Solution, the Solution Provider will have overall responsibility to exercise their professional skill and judgement to create and / or review the content for the questions and possible response choices in the e-Meeting room or in other software used to understand the Solution Receiver’s circumstances relevant to the Solution Provider’s Acutech Solution, create and/or review questions and responses which will assist in determining whether or not the solution is relevant to a particular Solution Receiver, create and/or review the content and format of possible alternative versions of the resulting Professional Advice, review the processes and functions on the Website and other relevant software to form a view and agree to the issue of a signed Professional Advice to a Solution Receiver under a Professional Services Contract which satisfies the requirements determined by the Solution Provider (‘Solution Provider’s Agreed Content’). Acutech has the right to withhold inclusion of an Acutech Solution on the website until the Solution Provider has notified their agreement with the Solution Provider’s Agreed Content and in any event the agreement to a Professional Services Contract for a Solution Provider’s Acutech Solution will constitute agreement with the Solution Provider’s Agreed Content. For the purposes of the Solution Provider’s Agreed Content, the Solution Provider will be granted confidential access to the processes, functions, programs, software and other details of software and technology developed, purchased, licensed and / or deployed by Acutech for the purposes of the Acutech Services in relation to the Solution Provider’s Acutech Solution.
  3. The Solution Provider will monitor the laws and any interpretations relevant to the fields of their expertise and notify Acutech of any changes which may materially impact the accuracy of the Professional Advice in relation to the Solution Provider’s Acutech Solution offered on the Website, and advise of changes to the Solution Provider’s Acutech Solution or other recommended actions.
  4. The Solution Provider will provide an article to Acutech (of between 300 to 800 words) outlining the purpose and benefits of the Solution Provider’s Acutech Solution which will be published on the Website with accreditation to the Solution Provider. Further more detailed summaries (not exceeding 800 – 2000 words) may be requested to assist with enabling Solution Receivers to search and locate the Acutech Solution on the worldwide web and gain further understanding of the issue and problem they are seeking to solve before placing an order on the Website. Acutech has the right to withhold inclusion of an Acutech Solution on the website until such information (‘Solution Provider’s Acutech Solution Information’), once requested, is provided.
  5. You grant Acutech an unrestricted, non-exclusive, worldwide, royalty-free license to use, reproduce, modify and adapt any Solution Provider’s Acutech Solution Information or other content and information posted on the Website and other mediums including social media and as otherwise may be required to provide the Acutech Services, for general promotion of the Acutech Services and as permitted by the Terms.
  6. The Solution Provider will provide an engagement letter or cost agreement on letterhead in Microsoft Word format with appropriate terms to enable the provision of the Professional Advice in relation to the Solution Provider’s Acutech Solution under the Website in accordance with the Solution Provider’s applicable professional standards and obligations, including terms as required to enable to delivery of the engagement letter, the collection of the Solution Receiver’s details, answers to questions and other information, the collation and delivery of the professional advice on the Solution Provider’s letterhead by Acutech directly to the Solution Receiver, issue of the Solution Provider’s tax invoice, receipt of payment, deduction of Acutech’s fees and other communications between the Solution Receiver and Acutech to be conducted as an agent for the Solution Provider as part of the Acutech Services. The Solution Provider will include any other terms in the Professional Services Contract to ensure consistency with these Terms and Conditions.
  7. All communications by Acutech will be made to the email address the Solution Provider provided on registration, or through an online account, at the sole choice and discretion of Acutech. The Solution Provider will not make any direct contact with the Solution Receiver in connection with the Profession Services ordered using the Acutech Services other than by using the Website, unless agreed at the sole choice and discretion of Acutech. The Solution Provider is not prevented from communicating with the Solution Receiver for other purposes and services not included in the Acutech Services.
  8. The fee payable to Acutech (‘Acutech Service Fee’) for each order of the Solution Provider’s Acutech Solution will be advised separately in an email or online account which will be acknowledged by return email or through the online account and be binding on both Acutech and the Solution Provider (‘Agreed Fees’). This will include disclosure of any fees payable to any other Professional Solutions Advisers, Acutech Partners, suppliers, payment gateway providers or other third parties. The Acutech Service Fee can be varied for subsequent orders if the variation is emailed by Acutech and acknowledged by the Solutions Provider prior to issue of a Professional Services Contract for the order.
  9. Copyright in Solution Provider’s Agreed Content and Solution Provider’s Acutech Solution Information will be shared non-exclusively by Acutech and the Solution Provider and any other authors or contributors in relation to a particular Acutech Solution. The Solution Provider may retain and use the content of the Professional Advice to deliver manual traditional professional advice separately to the Website but may not publish the content of the Professional Advice, make it available in an online or other digital format, otherwise use the Website or otherwise distribute the content to third parties other than through the Website.
  10. Acutech, and any other party, cannot use the Solution Provider’s Agreed Content and the Solution Provider’s Acutech Solution Information for any purpose other than for the purposes of the Acutech Services under the Website.
4. Interactions with Professional Solutions Builders

1. A Professional Solutions Builder is an Acutech Member who has agreed with Acutech to provide services in assisting to develop the content of Professional Advice, Acutech Services or other content used on the Website.
2. A Professional Solutions Builder agrees to receive fees for services rendered based on a scope of work and an hourly rate notified in a separate email or through other correspondence based on the Terms unless agreed separately.

Fees and payments
1. Registering and creating an Account with Acutech as an Acutech Member or Acutech Community Member is free.
2. If you are a Solution Receiver and you have ordered an Acutech Solution and entered into a Professional Services Contract with a Solution Provider, you agree that you will pay the fee amount (exclusive of GST) in the Professional Services Contract on issue of an invoice as directed by Acutech.
3. If you are a Solution Provider and you have entered into a Professional Services Contract with a Solution Receiver, you agree that you will pay the Acutech Service Fee (exclusive of GST) agreed with Acutech.
4. For professional services performed by the Solution Provider for the Solution Receiver in addition to the Professional Services provided in relation to an Acutech Solution under the Professional Services Contract (‘Additional Non-Acutech Services’), including any further work performed in relation thereto, under a cost agreement or professional engagement letter entered into within 12 months from the date of the Professional Services Contract, a referral fee will be payable by the Solution Provider to Acutech calculated as 10% of the fee (excluding GST). By accepting requesting Additional Non-Acutech Services, the Solution Receiver consents to this referral fee payable by the Solution Provider to Acutech.
5. All Acutech Members agree to pay any third-party fees arising out of any transaction on the Website, which may include fees charged by Acutech’s payment gateway partners and your financial institution.
6. All fees and charges payable to Acutech are non-cancellable and non-refundable, subject to these Terms.
7. Unless stated otherwise, Goods and Services Tax (‘GST’) is not included in pricing, fees, expenses charged in connection with the Website, Acutech Services, the Professional Services Contract or otherwise payable under the Terms. You shall pay an additional amount on account of any liability to GST as a result of the supply of goods and services to you. If required under the GST laws, a tax invoice will be provided to you.
Refund Policy
1. Since Acutech is only a facilitator in introducing the Solution Receiver to the Solution Provider and providing a system to locate, communicate, request, offer, arrange payment and deliver the Professional Advice as part of the Acutech Services, Acutech does not hold any liability to the Solution Receiver directly and will not personally refund them any payments made in the use of Website or under the Professional Services Contract.
2. Notwithstanding the above clause, if a Solution Receiver is unsatisfied with the Professional Services provided by the Solution Provider or believes that they may be entitled to a refund, then Acutech requires the Solution Receiver to: contact Acutech through the ‘Contact Us’ section of the Website or by email at [email protected] outlining why you believe you are entitled to a refund so we are able to determine if the Solution Provider should be requested to make a refund.
3. If the Solution Provider agrees to a refund it is acknowledged that the Solution Provider will make payment of the agreed refund amount to Acutech and instruct Acutech to refund all or part of the payments made to the Solution Receiver directly, less any fees and charges incurred by Acutech in processing the refund.
4. If the Solution Provider does not agree to the refund it is acknowledged by the Solution Provider and the Solution Receiver, that the rights to any refunds will be determined by the terms of the Professional Services Contract which is paramount, with any further communication and correspondence to be conducted directly between the Solution Receiver and Solution Provider.
5. Both the Solution Receiver and Solution Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
Default in Transactions
1. If you, as an Acutech Member or Acutech Community Member, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Acutech’s rights under these Terms (including any Acutech Policy) to suspend (temporarily or indefinitely) or terminate any Account, you may be in breach of your obligations to both Acutech and the Solution Receiver or Solution Provider with whom you are transacting, under a Professional Services Contract.
Copyright and Intellectual Property
1. The Website, the Acutech Services, each Acutech Solution and all of the related products of Acutech are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Acutech Services, each Acutech Solution and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, podcasts, Website, code, scripts, design elements and interactive features) or the Acutech Services are owned or controlled for these purposes, and are reserved by Acutech or its contributors.
2. All trademarks, service marks and trade names are owned, registered and/or licensed by Acutech, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are an Acutech Member to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
  3. save and print pages from the Website for your own personal and non-commercial use.
3. Acutech does not grant you any other rights whatsoever in relation to the Website or the Acutech Services. All other rights are expressly reserved by Acutech.
4. Acutech retains all rights, title and interest in and to the Website and all related Acutech Services. Nothing you do on or in relation to the Website will transfer any:
  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
  3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
5. You may not, without the prior written permission of Acutech and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Acutech Services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
6. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Acutech a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content. You acknowledge that Your Content including personal data that you submit, post, publish or otherwise make available to the public through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others in these circumstances. Acutech will never post, publish or otherwise make available to the public Your content without your permission or through your actions in accordance with the Acutech Services Privacy Policy.
Variations to the Terms
1. Acutech reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Acutech updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Each time you use the Website in any manner after the date of publication of any changes to the Terms, you acknowledge any changes to Terms and confirm your agreement to be bound by the Term as varied.
3. If you do not agree with any changes to the Terms, you must terminate your Account and stop using the Website. Except as specifically described in or authorised by the Terms, the Terms cannot be amended by you except in writing signed by both you and Acutech.
No Agency or other Legal Relationship
1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind Acutech, its related entities, directors, officers, employees or affiliates in any way whatsoever. Acutech confirms that all third-party services that may be promoted on the Acutech service are provided solely by such third-party service providers. To the extent permitted by law, Acutech specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such third-party service.
2. Without limiting 12.1, each Solution Provider is an independent contractor and no agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. Acutech acts solely as the provider of the Acutech Services in order to perform the actions described in these Terms.
Privacy and Confidentiality
1. Acutech Intelligence takes your privacy seriously and any information provided through your use of the Website and/or Acutech Services are subject to Acutech Intelligence’s Privacy Policy, which is available on the Website.
2. You should also carefully read the Privacy Policy disclosed on the Website before using the Acutech Services. The Privacy Policy forms part of these Terms, and acceptance of our Terms includes acceptance of our Acutech Services Privacy Policy.
3. In addition to our obligations under the Privacy Act 1988 (Cth), confidential information received by us in the course of the Acutech Services is subject to strict confidentiality requirements (‘Confidential Information’). Confidential Information will not be disclosed to by us to other parties, without your express consent, except as required by law, by regulatory bodies, by our insurers or to a Solution Provider with which you have entered a Professional Services Contract in relation to an Acutech Solution.
4. Any confidential information you receive from us in the course of the Acutech Services is subject to strict confidentiality requirements (‘Acutech Confidential Information’). Acutech Confidential Information will not be disclosed by you to other parties, without the express consent of Acutech, except as required by law, by regulatory bodies, by your insurers or to a Solution Provider or Receiver with which you have entered a Professional Services Contract in relation to an Acutech Solution.
General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to this clause, and to the extent permitted by law:
  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. Acutech will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Acutech Services or these Terms (including as a result of not being able to use the Acutech Services or the late supply of the Acutech Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the Acutech Services is at your own risk. Everything on the Website and the Acutech Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Acutech make any express or implied representation or warranty about the Acutech Services or any products or Acutech Services (including the products or Services of Acutech) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, hacking, communication line failure, unlawful third party conduct, or theft, destruction, alteration, commercial or industrial espionage or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Acutech Services, or any of its Acutech Services related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website, the Acutech Services or any of the products of Acutech;
  4. the content or operation in respect to hyperlinks which are provided for your convenience;
  5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
4. You acknowledge that Acutech Website and the Acutech Services are only intended to facilitate the interactions between the Receiver and the Solution Provider and does not offer any services other than the Acutech Services and Acutech holds no liability to you as a result of any conduct of the Acutech Members, including Acutech Community Members, or the misuse of Your Content by any party (including other Acutech Members).
Disclaimer of information provided – no legal or other professional advice
1. The information contained on the Website and otherwise provided by Acutech through the Acutech Services is of a general nature and is not intended to address the objectives, financial situation, or other circumstances or needs of any particular individual, entity or organisation. It is provided for information purposes only and does not constitute, nor should it be regarded in any manners whatsoever, as advice and is not intended to influence a person in making a decision, including, if applicable, in relation to any financial product. Although we endeavour to provide accurate and timely information, there can be no guarantees that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation and circumstances.
2. For foreign residents who access the Website or become an Acutech Member, the content of the Website is primarily focused on Australia and the tax laws, rules and other laws of other countries are not considered by Acutech or Solution Providers unless specifically included in an Acutech Solution and provided as Professional Advice under and subject to a Professional Services Contract. You should seek professional advice on the operation of foreign laws to the extent these are not covered in Professional Advice you obtain under a Professional Services Contract.
3. To the extent permissible by law, Acutech Intelligence and its affiliates, directors, officers, employees, agents, contributors and licensors shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information, including for reasons of negligence, negligent misstatement or otherwise.
4. All Website users, visitors and Acutech Members acknowledge they have taken the opportunity to consider seeking independent professional advice according to their specific circumstances and needs. Acutech recommends that you consider obtaining independent professional advice from the Solution Provider for an issue or a problem in relation to the Acutech Solutions under a Professional Services Contract.
5. For the avoidance of doubt, Acutech does not provide legal advice as a legal practitioner, advice as an accountant, tax advice as a Tax Agent, financial or any other professional advice under any circumstances.
Limitation of Liability
1. Acutech’s total liability arising out of or in connection with the Acutech Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Acutech Services to you, which excludes any services under a Professional Services Contract between a Solution Provider and a Receiver.
2. You expressly understand and agree that Acutech, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. You acknowledge and agree that Acutech Intelligence holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
Termination of Terms
1. If you want to terminate the Terms, you may do so by providing Acutech with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Acutech via the ‘Contact Us’ link on our homepage or email [email protected] however such notice will not constitute termination of the Terms and in any event termination will not relieve you or your obligations under the Terms which will continue.
2. Acutech may at any time, terminate the Terms with you at its absolute discretion, including if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. Acutech is required to do so by law;
  3. Acutech is transitioning to no longer providing the Acutech Services to Acutech Members in the country in which you are resident or from which you use the service; or
  4. the provision of the Acutech Services to you by Acutech is, in the opinion of Acutech, no longer commercially viable.
3. Subject to local applicable laws, Acutech reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Acutech Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Acutech’s name or reputation or violates the rights of those of another party.
4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Acutech have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
1. You agree to indemnify Acutech, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.
2. Dispute Resolution
  1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  2. Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
    1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed as nominated by the President of Chartered Accountants in Australia and New Zealand or his or her nominee;
    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    4. The mediation will be held in Sydney, Australia.
  4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
3. Venue and Jurisdiction
  The Acutech Services offered by Acutech are primarily intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
4. Governing Law
  The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
5. Independent Legal Advice
  Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
6. Severance
  If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.