Please read these Terms of Use carefully before using this website.

The www.benedictmackay.com.au website (“Website”) is owned and operated by Benedict Mackay™. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these Terms of Use and elsewhere on the Website.

Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use, Privacy Policy and the Disclaimer.

If you do not accept these Terms of Use you must refrain from using this Website.

Since you are bound by these Terms of Use, you should periodically refer to them in this document which we will update from time to time.

For the purposes of these terms and conditions, “us”, “our” and “we” refers to benedictmackay.com.au and “you” and “your” refers to you, the client, visitor, Website user or person using our Website.

This Website uses cookies.  By using this Website and agreeing to these terms of use, you consent to the use of cookies.

1. Amendment of Terms

We may change the Terms of Use from time to time by publishing an updated version of this Website. By continuing to use the Website you will be deemed to accept the updated Terms of Use and agree to be bound by them. Please check these terms regularly prior to using our Website to ensure you are aware of any changes.

2. Content and Intellectual Property

All copyright and other intellectual property rights subsisting in the Website and the material on the Website (including, without limitation, the software, design, text and graphics comprised in the Website and the selection and layout of the Website) are owned by use and protected by the laws of Australia and other countries.

We expressly reserve all copyright and trademark rights in all documents, information and materials on our Website and we reserve the right to take action against you if you breach any of these terms.

You are authorised to view the Website and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

3. Exclusion and Limitation of Liability

It is an essential pre-condition to you using our Website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

The Competition and Consumer Act 2010 (Cth) and other legislation in Australia may confer rights and remedies on you in relation to our provision of goods and services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). We do not exclude any Non-excludable Rights but do exclude all other conditions and warranties implied by custom, law or statute to the extent that we are able to do so.

Except as provided for by the Non-excludable Rights:

3.1. All content is provided ‘as is’ and without warranties of any kind, either express or implied;

3.2. We expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;

3.3. We do not warrant that the functions contained in any content on the Website or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components;

3.4. We do not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any content on the Website in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;

3.5. you (and not us) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content on the Website;

3.6. Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website. You expressly acknowledge and agree that we may not exert control over users of the Website or other parties or websites referred to on the Website (including but not limited to individuals referred to on the Website as guests and/or experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct;

3.7. We are not liable for any loss or damage to the extent that it is caused by you; and

3.8. To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Website.

It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4. Links to Other Websites

We may from time to time provide on its Website, links to other Websites, advertisements and information on those Websites for your convenience. In this Website, any frames, links or other references to other websites, persons or information are produced solely for convenience. Those references are not an endorsement of those parties or their products or services. We do not warrant the accuracy or suitability of any information contained in this or any other website.

Our Website may contain information or advertisements provided by third parties for which benedictmackay.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

5. Disclaimer

Please read our separate Website disclaimer carefully which contains our medical information disclaimer.

6. Your Privacy

Our Privacy Policy sets out how we will manage your personal information and other information. In this policy ‘your information’ means your personal information, as defined under the Privacy Act 1988 (Cth). For parents, your child’s information will be treated in the same manner as ‘your information’ is treated throughout this provision.

Depending on your particular circumstances, we may collect and hold a range of different information. We are committed to protecting your privacy. We use your information to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

We may collect your information in a number of ways, including directly from you (such as where you provide information to us or contact us with a query or request, from our records or from publicly available sources of information. If you choose not to provide certain information about yourself, we may not be able to provide you with the services of information you require.

We will not collect personal information that would be unlawful, unnecessary or unrelated to our business.

We may disclose your information as required or authorised by law, including to law enforcement and national security agencies, and other government and regulatory authorities, or to third parties who assist us to manage or develop our business. We do not intend to disclose your information to third parties outside of Australia.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our Website servers.

7. Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and services but not for any other use.

8. Warnings

You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.

9. Indemnity

We rely on your continued observance of these Terms of Use and the Disclaimer. If we suffer any loss or damage (whether direct or indirect) or incur any costs in connection with a breach of these Terms of Use or any other legal obligation then you agree to indemnify use for those losses, damages and costs.

10. Whole Agreement

These Terms of Use represent the whole agreement between you and us concerning your use and access to the Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

11. Exclusion of Unenforceable Terms

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

If there is any inconsistency between these Terms of Use and any other terms displayed on individual pages of the Website, the other terms will govern to the extent of the inconsistency.

12. Jurisdiction

This agreement and this Website are subject to the laws of Queensland and Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

13. Rights Reserved

All rights vesting in us which are not expressly granted in these Terms of Use are reserved.

If you have any queries or concerns about our Terms of Use or any of the information on the Website, please contact us.