Terms AND CONDITIONS.

Welcome to www.astutemed.com.au (the ‘Website’).

The Website is owned and operated by Medtax Business Services Pty Ltd ABN 54 626 016 608 trading as AstuteMed® (‘Us’, ‘We’).

We may periodically change the Terms, so please check back from time to time. If you are an AstuteMed® client accessing our Client Portal, please take time to read the Client Portal Terms and Conditions which together with these Terms govern your use of the Client Portal.

These Terms were last updated on 19 January 2023. By accessing, browsing or using this Website, including any portal or hidden page you signify your acceptance of these Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1. Copyright and Intellectual Property

The Website, the content and all of the related products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Us or our contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Us. We grant to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

We do not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Us.

We retain all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not without the express written permission from Us and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

2. Privacy

We take your privacy seriously and any information provided through your use of the Website and/or content is subject to our Privacy Policy.

For an explanation of our practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

3. Disclaimer

The information contained in this Website is for general guidance on matters of interest only and does not constitute financial or other professional advice. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this application.

Accordingly, the information in this application is provided with the understanding that the authors and publishers are not herein engaged in rendering accounting, tax, financial or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, financial, or other competent advisers.

You acknowledge and agree that it is Your responsibility to evaluate all information that is provided through the Website or other Items in consultation with Your own professional adviser or advisers as appropriate.

While we have made every attempt to ensure that the information contained in this Website has been obtained from reliable sources to the extent permitted by law. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Medical Financial Planning and AstuteMed® is responsible for any errors, omissions, misrepresentations or misstatements or for the results obtained from the use of this information.

All information in this application is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

(d) the content or operation in respect to links which are provided for your convenience.

4. Exclusion of Liability

(a) To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.

(b) To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Items.

(c) To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.

(d) To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.

(e) for Goods and/or Services sold by third parties via the Website or via Third Party Links (hereinafter "Third Party Goods and Services"):

You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of Third Party Goods and Services.
For any claim You may have against the third party provider of the Third Party Goods and Services (such as the manufacturer or vendor) You agree to pursue that claim directly with that third party provider of the Third Party Goods and Services and not with Us.
To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.

5. Acceptable Use

(a) You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or the website Items in any way that could damage the Website, the Items, or Our general business.

(b) You further agree not to use the Website or the Items:

to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
to violate any intellectual property rights of Us or of any third party;
to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
to commit any kind of fraud;
to publish or distribute any obscene or defamatory material;
to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
to unlawfully gather information about others.

6. Third Party Links

(a) You hereby acknowledge that We may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by Us.

(b) You hereby acknowledge that these Third Party Links are provided for your information only and that We do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.

7. Spam Policy

You are prohibited from using the Website for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

8. Governing Law and Jurisdiction

The Services offered by Us is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested.

The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Terms AND CONDITIONS.

EXPERTLY UNDERSTANDING YOU