Terms of Use
In this policy, “us”, “we”, or “our” means Nine Yards Consulting, operators of this website. These terms of use govern your use of and access to this website.
We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.
These terms were last updated on 21 October 2024.
1. Accuracy of product description
All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
Human error in entry of information
Incorrect information provided to us by suppliers or distributors
Failure of suppliers or distributors to supply updated information to us
We reserve the right to change any information without notice.
2. Security
You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.
3. Limitation of liability
Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages resulting from the purchase, delivery, use, or return of any product or service purchased from this website beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.
4. General terms
4.1 Jurisdiction
These terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these terms.
4.2 Access
While we make every reasonable effort to ensure that the website is available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to this website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any feature or service on the site at any time without notice.
We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.
4.3 Conduct
You must not use, or attempt to use this website:
in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction
to impersonate any person or entity
to solicit money, passwords, personal information or other property from any person or entity
to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
to publish or facilitate publication of personal information of a third party without their consent
to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
to publish or facilitate publication of pornographic or offensive material
to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so
Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice.
4.4 Privacy
Please review our Privacy Policy, which also governs your visit to this website, to understand our practices.
4.5 Copyright
Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.
This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:
Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser's cache).
4.6 Third parties
Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.
Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.
Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.
4.7 Limitation of liability
Your use of this website is undertaken at your own risk.
To the extent permitted under the Australian Consumer Law or the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.
By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.
In the case of goods or services supplied or offered via this website, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.