1. Agreement, Parties, Applicability
Astral Consulting Services Pty Ltd (Astral) is a strategic consulting company that focuses on the delivery of professional services relating to information management and associated business processes. Astral is registered in and subject to the law of Victoria, Australia.
2. Commencement, Availability, Termination
3. Intellectual Property
The Website includes intellectual property such as domain name, copyright, trademark, and design, protected under Australian law and international agreements. We own or are licensed to use this intellectual property. We grant You a limited license to make a temporary electronic copy of all or part of the Website and to print limited hard copy versions for Your personal use providing that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, link to, or incorporate Our Website content elsewhere without Our prior written consent.
4. Website Information and Records
5. Acceptable Use of Website and Email Functionality
You agree to the acceptable use of Our Website and the email functionality connected with the Website. You undertake not to use these services in an unlawful way or in any way that interferes with Our or other visitors’ use and enjoyment of, or access to these services. You agree that You are personally liable for the consequences of the improper use of these services and failure to comply with law. If You are aware of unacceptable use by a third party, please contact Us at [Insert email address] and tell Us about it.
6. Access, Monitoring, Interception and Privacy
To comply with the law and in line with international standards and best practices relating to the use of information technology, We may access static records and, monitor and intercept live communications and Website activity (blocking, filtering, scanning, etc.). While You have Our assurance that we will do this in compliance with law, and to manage business risk, You agree that You have no expectation of privacy in this regard.
You agree that We may approach You or send You information including, information about Our services. You will always have the choice to inform Us in writing that You do not want Us to communicate with You and/or to opt-out of these communications.
8. Damages Arising from Emails from Astral
Information technologies including telecommunication systems and networks expose Astral to dynamic information security and business risk. Astral manages this risk in accordance with Australian law and through its policies, procedures, and guidelines to prevent unauthorised access to or abuse of its systems and networks. While Astral is committed to a reasonable standard of care and diligence, Astral cannot and will not be liable for damages arising from the use of its Website which are beyond its control.
9. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.
10. Complaints and Alternative Dispute Resolution
You agree to submit all complaints relating to this Agreement to Us first so that We have an opportunity to resolve Your complaint before You proceed to any relevant authority. Please direct all complaints to info@Astral.com. Subject to the above, You agree to confidential arbitration prior to proceeding to court or other forum. You expressly acknowledge that the arbitration proceeding agreed to prevent You from entering into a class action lawsuit against Us in relation to any dispute arising from this Agreement. Nothing in this Agreement prevents either Us or You from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
You Agree that any electronic record, message, copy, printout, or extract of these, signed by one of Our personnel will be absolute proof of the contents of the record, message, copy, printout, or extract. No failure or delay by Us or You to exercise a right in this Agreement shall prevent Us or You from exercising Our rights in the future. If a term of this Agreement is invalid, unenforceable, or illegal, the remaining terms shall continue in full force and effect unless the invalidity, unenforceability, or illegality goes to the root of this Agreement.
12. Limitation of Liability, Indemnity, No Warranty
You agree that the Website is provided on an “as is” and “as available” basis and that Your use of this Website is at Your sole discretion and risk. You agree that We will not be liable for any direct, indirect, or consequential damages suffered by You arising from Your visit to the Website, this Agreement, or otherwise. We will take reasonable care to ensure the accuracy of the information and the availability of the Website, but make no representations, warranties, or guarantees in any way because it is provided for general information purposes only and at Our discretion alone. To the fullest extent permissible in law, You hereby unconditionally and unreservedly indemnify and hold Us, Our directors, employees, consultants, agents, licensors, and service providers, harmless against all loss, damages, claims, liability, and/or costs, of whatsoever nature, howsoever and whensoever arising.
13. Links to External Third Party Websites and Social Media
For Your convenience, We provide links to external third party websites and various social media resources. You agree that this does not mean that We endorse these and that You are entirely responsible for Your use and access to all other websites and media. The terms and conditions pertaining to external third party Websites and media will prevail where relevant.
14. Skill, Diligence, Care
We will exercise reasonable skill, diligence, and care as may reasonably be expected from a similar Website provider.
15. Company Information
Name: Astral Consulting Services Pty ltd
Physical address and the address for receipt of legal service of documents: Level 2 Suite 2, 45 William Street, Melbourne VIC 3000
Postal address: Level 2 Suite 2, 45 William Street, Melbourne VIC 3000
Phone numbers: +61 1300 290 075
Website address: www.astral.com.au
Email address: firstname.lastname@example.org
ABN: 67 095 048 776
Directors: D.J Felsbourg, M.L Minson