This website is owned and operated by McSwan and Wood Pty Ltd (ACN 653 554 226) and is herein referred to as “the Website”.
Your access to and use of the Website and the data available hereon is subject to:
Website or opting into our mailing list service. By using and continuing to use the Website, you will be deemed to have accepted and agreed to these Terms. If you do not agree to these Terms, you should not continue to use this Website.
McSwan and Wood reserves the right to amend the Terms at any time. These
changes may be made at any time without notice to You. By using this Website or opting into Our mailing list, You consent to any changes made to these Terms or to this Website.
In this Agreement:
1.1 “McSwan and Wood”, “Us”, “Our” and “We” means McSwan and Wood Pty Ltd
(ACN 653 554 226) of Level 2 310 Edward Street, QLD 4000, Australia.
1.2 “You” and “Your” means the user interacting with Our Website in order to view and agree to this Agreement.
2.1 Words importing the singular are deemed to include the plural and vice versa.
2.2 Headings and subheadings are inserted for convenience only and will not be
used to interpret the text.
2.3 Words denoting a natural person will include a corporation and vice versa.
2.4 “Including” and similar words are not words of limitation.
2.5 Words importing gender include every gender.
2.6 References to any document (including this Agreement) are references to that
document as amended, consolidated or supplemented from time to time.
2.7 References to parties or to any party will include their or its respective
successors, permitted assignors, executors and administrators.
2.8 Reference to any legislation, regulation, code or local law includes any modification, re-enactment or substitution of it.
3. Legal relations
3.1 This Agreement is a legal contract.
3.2 This Agreement is intended to create a legally binding contract between You and
Us, on the terms set out herein.
4. Use of Our Website
4.1 In relation to material on the Website, You may:
4.1.1. view the material online;
4.1.2. print the material;
4.1.3. download and save the material in an electronic form and print such material
4.2 In relation to material on the Website, without the express permission of
McSwan and Wood, You may not:
4.2.1. load the material onto another website;
4.2.2. post the material in any Internet newsgroup or other online forum;
4.2.3. submit the material for the purpose of publication;
4.2.4. reproduce or distribute the material in any way not expressly permitted in
4.3 In relation to the Website, You may not:
4.3.1. use any device, software, process or means to access, retrieve, scrape or
index the Website or any material on the Website;
4.3.2. use any robots, spiders or webcrawlers or similar devices with respect to the
4.3.3. use any device, software, process or means to interfere or attempt to
interfere with the proper working of the Website;
4.3.4. undertake any action that will impose a burden or make excessive traffic
demands on Our infrastructure that We deem, in Our sole discretion to be
unreasonable or disproportionate site usage;
4.3.5. use any content on, or index the Website for purposes of constructing or
populating a searchable database of the material on the Website;
4.3.6. pose as any person or entity or attempt to solicit money, passwords or
Personal Information from any person;
4.3.7. transmit or attempt to transmit any computer viruses, worms, defects, Trojan
horses or other items of a destructive nature.
4.4 All copyright in the materials, text, graphics, information, software and
advertisements on the Website belongs to McSwan and Wood unless expressly
indicated otherwise and is protected by Australian and international laws.
4.5 The contents of the Website must not be copied, reproduced, modified,
republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of McSwan and Wood, except where authorised expressly either on the Website or in writing by McSwan and Wood.
5.1 We may collect Your Personal Information, including information about Your usage of the Website, through the Website.
5.3 We may retain your Personal Information indefinitely if We have reason to believe that Your conduct on or in relation to the Website may result in litigation between You and Us.
5.4 The functionality of the Website requires that You enable cookies.
6. Use of Your Personal Information
6.1 “Personal Information” is defined by law as any information or opinion which
identifies or could reasonably identify an individual. This can include an email
6.2 We may use Your Personal Information for the sole purposes of:
6.2.1. sending You newsletters and survey requests;
6.2.2. sending You advertising material, including advertising material from third
7. Sharing Your Personal Information
7.1 We will not share Your Personal Information with third parties.
7.2 We may share non-identifying information about You and Your use of the
Website with third parties, provided that such information does not constitute
7.3 While We will use best endeavours to safeguard the Personal Information that
We hold, We do not warrant that Your Personal Information will not be hacked into or
otherwise accessed without Our permission and We will not be liable for such unauthorised access.
8.1 Notices given under this Agreement must be in English and writing.
8.2 Notices under this Agreement may be given by email.
8.3 We may give notices to You at the email address that You provided to Us at registration or subsequently.
9.1 The terms that apply to our supply of this Website and the Content are those that
are set out in the documents that make up the Terms (as listed above) and those
implied by consumer protection laws to the supply of this service that are unable to
be excluded. No other terms apply.
9.2 To the maximum extent permitted by law, we exclude any liability to you for any
loss or damage you suffer resulting from your use of the website or your reliance on any content.
9.3 You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that
it is caused by us (for example through our negligence or breach of contract).
9.4 By visiting the Website on your computer or mobile device, You are automatically
agreeing to indemnify McSwan and Wood from any liability in the unlikely event of a malicious disruption of any kind which may occur through no fault of ours.
9.5 You are liable to indemnify McSwan and Wood for any loss, damage or costs
incurred in connection with any breach by You of these Terms or any other legal obligation.
10.1 We do not warrant the correctness of any information contained on the
Website. Such information is intended as a guide only.
10.2 We warrant that any Publications that we sell or make available to You through
the Website are either:
10.2.1. Works in which We hold copyright; or
10.2.2. Works for which We hold a licence from the copyright owner to reproduce
and distribute the Work.
10.3 We do not warrant that the Website will be available 100% of the time, and You
agree that We will not be liable to You where the Website is unavailable from time to time due to:
10.3.1. maintenance; or
10.3.2. server or internet connection outages; or
10.3.3. for any other reason.
11.1 You acknowledge that the information contained on the Website is general in
nature and does not constitute personal or financial advice.
11.2 You agree to exercise Your own judgement in applying any of the information
contained on the Website, and subject to clause 9.1, We will not be liable for any
resulting loss, liability or cost that You may incur.
12.1 These Terms remain effective until terminated by McSwan and Wood, and
McSwan and Wood may terminate this agreement and access to the Website at any
time without notice.
12.2 In the event of termination, users are no longer authorised to access the
12.3 Should You wish to opt-out of the mailing list, you must contact Content
Republic via email and express this intention, or by clicking on the unsubscribe link at
the bottom of each email.
13. Applicable law
This Agreement and any orders made through this Website are subject to the laws
and exclusive jurisdiction of the courts and tribunals of QLD, and the federal courts
and tribunals of Australia.
If any provision of this Agreement shall be held to be invalid or in any way
unenforceable, it shall be severed and the remaining provisions shall not in any way
be affected or impaired and this Agreement shall be construed so as to most nearly
give effect to the parties’ intention when it was originally executed.
15.1 This Agreement shall be binding upon and endure for the benefit of the
successors in title of the parties.
15.2 You may not assign this Agreement.
15.3 We may assign this Agreement by notice to You.