Terms of Use - Bolter

Welcome to the website of Bolter Make it Happen.

This website (referred to in these Terms of Use as the Website) and your use of the and your use of products made available on the software platform accessible at https://autom.io/o/bolter (referred to in these Terms of Use as the Platform) is owned and/or operated by CG Law (Trading) Pty Ltd ACN 143 426 028 trading as Bolter Make It Happen ABN 89 143 426 028, who is referred to in these Terms of Use as “Bolter” “we”, “us”, “our” and similar grammatical forms.

Access to and use of this Website and the Platform and the products and services made available through this Website and the Platform (collectively, the Services) is conditional upon your acceptance and subject to the following terms, conditions and notices (Terms of Use) without alteration.

By accessing, browsing and using the Website and/or Platform, or by continuing to use the Services, or by providing upload material or information, you warrant that you:

are at least eighteen (18) years of age and have legal capacity to enter into a binding contract;
have had sufficient opportunity to access and read these Terms of Use;
have accepted that these Terms of Use apply to your use of the Website and/or Platform;
will comply with the Terms of Use.

You agree to be legally bound by these Terms of Use, including where they are updated by us from time to time without notice to you. You should regularly check the Services to take notice of any changes we may make to these Terms of Use. By continuing to access, browse or use the Website and/or Platform or by using the Services, then doing so is deemed to be your acceptance of any amendment to these Terms of Use.

General Information – content is not legal advice
1. The content of the Website and Platform is for general information purposes only and should be viewed as current only at the time of first publication. This content does not take into account your specific needs, objectives or circumstances. The content of the Website and Platform is not and must not be used as legal advice or any other form of legal service. If you want legal advice, you must seek specific advice tailored to your circumstances. Any reliance you place on any content of the Website and/or Platform is at your own risk.
Linked sites
1. This Website and/or Platform contains links to sites on the Internet owned and operated by third parties and which are not under our control (Linked Sites). In relation to the other sites on the Internet, which are linked to the Website and/or Platform, we:
  - provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the Linked Site; and
  - is not responsible for the material contained on those Linked Sites.
Prohibitions
1. You must only use the Website and/or Platform in accordance with these Terms of Use, the Platform’s own additional terms and conditions, and any applicable law.
2. You must be at least eighteen (18) years of age and have the capacity to enter into a legally binding agreement with us in order to access or use this Website and the Services. If you are under eighteen (18) years of age, you may only access or use this Website and/or Platform and the Services with the involvement and consent of a parent or guardian – we do not sell or supply products or services for the purchase by children.
3. You must not misuse this Website or the Platform. Accordingly, through your access or use of this Website and/or Platform and the Services, you agree that you will not:
  - commit or encourage a criminal offence;
  - transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  - hack into any aspect of the Service;
  - corrupt data;
  - cause annoyance to other users;
  - infringe upon the rights of any other person’s proprietary rights;
  - send any unsolicited advertising or promotional material, commonly referred to as “spam”;
  - attempt to affect the performance or functionality of any computer facilities of or accessed through this Website;
  - manipulate, reproduce, distribute, re-transmit any of the material in any material form by any medium of communication;
  - upload or repost any of the Website and/or Platform to any other site on the Internet; or
  - “frame” any of the material on the Website and/or Platform with other material on any other website.
4. The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.
5. Breaching this provision would constitute a criminal offence, and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
6. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website and/or Platform or to your downloading of any material posted on it, or on any Linked Sites.
4 Intellectual property, software and copyright
1. Unless otherwise indicated, we own or licence from third parties all rights, title and interests (including copyright, designs, patents, trademarks and other intellectual property rights whether domestically or internationally) and in all of the material (including all text, graphics, logos, audio and software) in all content of the Website and/or Platform and all Services (Content). We reserve all of our rights and the rights of our licensors, including reservation of intellectual property rights, including, but not limited to, copyright in material or services provided by it.
2. Despite the above restrictions on the use of the material on the Website and/or Platform, you may download material from the Website for your personal non-commercial use provided that you do not remove any copyright and trademark notices contained on the material.
3. Your use of the Website and/or Platform and all Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Services or the Content. However, we do grant you a licence on the terms and conditions set out in this Terms of Use and, where applicable, as expressly authorised by us and/or our third party licensors.
4. You may not modify or copy:
  - the layout of the Website; or
  - any computer software and code contained in the Website and/or Platform.
5. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, Products, software, products or services contained within the Website and/or Platform.
6. If you wish to reproduce any content (including Content) published or otherwise accessible via the Website and/or Platform, you must make a written request for and obtain our written permission before doing so. If we grant our permission, you must give appropriate attribution to the author, firm and date of first publication. Please direct all requests to hello@bolter.com.au.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
1. Unless otherwise indicated, all logos, icons, brand names or service names that identifying the owner and operator of this Website and/or Platform are our copyright property or our trade marks or service marks.
2. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website and/or Platform are in no way associated, linked or affiliated with Bolter and you should not rely on the existence of such a connection or affiliation.
3. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Bolter. All other trade marks or service marks on this Website and/or Platform are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website and/or Platform. Any unauthorised use of the materials appearing on this Website and/or Platform may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
Additional Disclaimer – General Information Products
1. Bolter publishes certain products known as general information products. These products can be accessed on the Website (by the embedding of the Platform) and the Platform itself. These products are general information products that are in the form of interactive tools that you can use to create customised documents. These documents are automatically generated based on your instructions and input of data and information – in some instances these documents are not reviewed by a lawyer or anyone else before they are made available for download.
2. These products and the automatically generated documents generated by use of the products (collectively referred to thereafter as the Products) are not legal advice or a substitute for legal advice, and we will be not acting as your lawyer by making the Products available to you. The Products: do not take into account the individual requirements and circumstances of you or your business; may contain mistakes, inaccuracies and/or errors; and may not be accurate, complete and/or suitable for your purposes. Your use of any Product is at your own risk.
3. You should consider whether a Product is accurate and appropriate for your circumstances, carry out your own research, and seek appropriate legal and financial advice before relying on any content or document.
4. We exclude, to the fullest extent permitted by law, any liability for any direct, indirect, special or consequential loss or damage which may be suffered as a result of use of the Products. By using the Products, you agree to indemnify us for any loss or liability arising out of you and/or your employees, contractors or agents using the Website and/or Platform.
5. Bolter is not acting as your legal representative by providing the Products. If you require legal advice or legal services, you should instruct a lawyer to provide these services. Please contact us if you would like us to find out more about how we can provide these services to you.
6. This clause survives termination of these Terms of Use.
Purchases on the Website or Platform
1. You may choose to purchase products on the Platform, as well as the Website (by the embedding of the Platform). By electing to order or purchase a product, you agree to pay the advertised price and any additional fees including transaction fees listed when you place your order, using your elected form of payment.
2. You warrant that:
  - you are authorised to use the credit card, merchant account or other account that you use to make this payment; and
  - you will keep all billing information current at all times.
3. In some instances, your payments will be managed and processed by Automio Limited (NZBN 9429039101686) (Automio) as a third-party merchant. Automio is the software provider of the Platform. Accordingly, we will receive a portion of your payment from Automio, less any fees. We are not otherwise involved in the processing of your purchase, nor do we collect or use any of your credit card or other personal payment information.
4. If you believe there has been a mistake or unauthorised transaction on your account, we encourage you to notify Automio. You may also notify us along with details of the transaction. You may also have rights to dispute transactions with your financial institution. Please contact Automio and your financial institution (as applicable) for more information.
Additional Agreements & Terms and Conditions
1. Your use of the Website and/or the Platform may also be governed by other terms of use/agreement(s) between you and Automio (referred to as the Additional Agreements). You must ensure, and are solely responsible for ensuring, that you read, understand and agree to be bound by the Additional Agreements before using the products published on the Platform or the Site. By using, ordering or purchasing a product, you warrant that you are at least eighteen (18) years of age and have legal capacity to enter into a binding contract, have had sufficient opportunity to access and read the Additional Agreements, and agree to be bound by those Additional Agreements and their terms and conditions.
Disclaimer of liability
1. We may make the Website and/or Platform available for others to publish information without assuming a duty of care to users. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, we give no warranty, conditions, guarantees or representations about the accuracy, reliability or timeliness or otherwise, of the material or information contained on the Website and/or Platform or Linked Sites on the Internet.
2. We are not responsible to you or anyone else for any direct or consequential loss suffered in connection with the use of the Website and/or Platform. We exclude, to the fullest extent permitted by law, any liability for any direct, indirect, special or consequential loss or damage which may be suffered as a result of the use of the Website and/or Platform. By using the Website and/or Platform, you agree to indemnify us for any loss or liability arising out of you and/or your employees, contractors or agents using the Website and/or Platform.
3. To the full extent permitted by law, we disclaim any and all warranties, express or implied, regarding:
  - the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites; and
  - merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or Platform or any Linked Sites.
4. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
  1. acting, or failing to act, on any information contained on or referred to on the Website and/or Platform or any of the Linked Sites; and
  2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or Platform or any Linked Sites.
5. We do not warrant, guarantee or make any representation that:
  1. the Website and/or Platform or the server that makes the site available on the Internet are free of software viruses;
  2. the functions contained in any software contained on the Website and/or Platform will operate uninterrupted or are error-free; and
  3. errors and defects in the Website and/or Platform will be corrected.
6. We are not liable to you for:
  - errors or omissions in the Website and/or Platform, or Linked Sites on the Internet;
  - delays to, interruptions of or cessation of the services provided on the Website and/or Platform, or Linked Sites; and
  - defamatory, offensive or illegal conduct of any user of the Website and/or Platform, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
7. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
8. The disclaimers above may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law, our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
  - if the breach of an implied warranty or condition relates to services:
  - the advertised price of the re-supply of the services; or
  - the payment costs of having the services supplied again capped at our advertised price of those services (if any); and
  - if the breach of an implied warranty or condition relates to goods:
  - the replacement of the goods or the supply of equivalent goods;
  - the repair of such goods; or
  - the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired, capped at our advertised price of those goods (if any).
9. This clause survives termination of these Terms of Use.
Collection of Personal Information & our Privacy policy
1. Our Privacy Policy, which sets out how we will use your information, can be found at http://www.bolter-wordpress.local/privacypolicy. By accessing or using this Website and/or Platform, you consent to the collection, use, handling, disclosure and processing of your personal information outlined in our Privacy Policy and warrant that all information that is provided by you is accurate and up to date. We will comply with the Australian Privacy legislation concerning your personal information. Please refer to our Privacy Policy for further details.
2. We, and any people or legal entities authorised by us, may gather and process the personal information:
  1. which you may provide when accessing the Website or the Platform, such as your name, address, e-mail address and other personal information about you; and
  2. regarding how you use the Website and/or the Platform, including (without limitation) information acquired through the use of “cookies” delivered to your computer when you access our Website or the Platform.
3. We may authorise others to offer you goods and services using the information that we have collected.
4. There is no method of transmission over the Internet or through electronic storage through our engaged providers that is fully secure. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, then we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).
5. Our Website, the Platform and any of our social media profiles do not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Anyone using these sites is encouraged to exercise care in sending their personal information via the Internet.
Linking to this website
1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. You must not establish a link from any website that is not owned by you. This Website and the Platform must not be framed on any other site, nor may you create a link to any part of this Website and/or Platform other than the home page. We reserve the right to withdraw linking permission without notice.
Access & Termination to this website
1. Access to this Website and/or the Platform is permitted on a temporary basis, and we reserve the right to withdraw, restrict or amend the Services without notice. Also, we may terminate access to the Website and/or Platform at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website and/or Platform.
Indemnity
1. 13.1 You agree to indemnify, defend and hold harmless Bolter, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from your use (or misuse) of this Website and/or Platform or your breach of these Terms of Use.
Variation
1. We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website and/or Platform.
Whole Agreement & Relationship
1. These Terms of Use represent the whole agreement between you and Bolter concerning your use of the Website and Platform and supersedes any prior conduct, arrangement, agreement or understanding in relation to its subject matter. All implied terms are expressly excluded to the maximum extent permitted by law.
2. Your use of the Website and/or Platform does not automatically create a lawyer-client relationship between you and us, even in circumstances where Content has been authored by a lawyer. Such a relationship is generally formed only through entering into a formal Costs Agreement with you.
Jurisdiction & Invalidity
1. These Terms of Use will be governed by and interpreted in accordance with the law of Queensland of Australia, without giving effect to any principles of conflicts of laws.
2. You agree to the jurisdiction of the courts of Brisbane, Queensland of Australia to determine any dispute arising out of these Terms of Use.
3. If any part of these Terms of Use is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
Making a Complaint
1. You may contact us at any time if you have any questions or concerns about our Terms of Use. You may make a complaint to us using the contact details set out below.
Contact Information
1. We welcome your comments and questions about our Terms of Use. All enquiries should be directed to our Privacy Officer at the following:
  
  Attention: Privacy Officer
  Email: hello@bolter.com.au