These Terms and Conditions (“Terms”) set out the legally binding agreement between Mollard Advisory Pty Ltd (ACN 634 007 275; ABN 59 634 007 275) (“Broker”, “we”, “us” or “our”) and any person who accesses or uses our website, portal, publications, marketing materials, social-media pages, or any other online content or services we provide(collectively, "Site Users" or "you").
By accessing or using our Site or any of its content, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use our Site or services.
1.1 “Site” means all webpages, portals, emails, documents and digital content we publish, host or control.
1.2 “Services” means the general information, resources, and access to our business brokerage services provided via the Site.
1.3 Other terms used in these Terms have their ordinary meaning unless otherwise defined.
2.1 These Terms apply to all persons who access or use our Site, including but not limited to visitors, browsers, and contributors of content (collectively, "Site Users").
2.2 If you engage us to provide childcare business brokerage services, that engagement will be governed by a separate written agreement, and theseTerms do not apply to the terms of that engagement.
3.1 You warrant that you are at least 18 years old or have the necessary legal capacity to enter into these Terms, and that any information you provide to us is true, complete and not misleading. You will promptly update us if circumstances change.
4.1 Our Site provides general information, resources, and access to information about our business brokerage services, which are primarily focused on the childcare sector. Any engagement for brokerage services will be subject to a separate written agreement.
4.2 The Site may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services on or available from those websites or resources.
5.1 You must keep confidential any non-public information you obtain through your use of the Site, except as required by law.
5.2 We will treat any personal information you provide in accordance with our Privacy Policy.
5.3 This clause survives termination of your use of the Site.
6.1 We collect, hold and use personal information in accordance with theAustralian Privacy Principles under the Privacy Act 1988 (Cth). Our PrivacyPolicy (available on request) forms part of these Terms.
6.2 We implement reasonable administrative, technical and physical safeguards (including encryption, password protection and restricted access) to protect personal data.
6.3 Despite our safeguards, you acknowledge that transmission over the internet is not completely secure and we do not guarantee absolute data security.
7.1 All intellectual property rights in our Site, content, branding and marketing materials are and remain our property.
7.2 We grant you a non-exclusive, non-transferable, revocable licence to access and use the Site and its content for your personal, non-commercial use only.
7.3 You must not reproduce, adapt or distribute our materials for any other purpose without our written consent.
8.1 Site content is provided in good faith for general information only and does not constitute legal, accounting or financial advice. You rely on it at your own risk.
8.2 You must not:
a) use the Site in any unlawful, defamatory or fraudulent manner;
b) introduce viruses or harmful code; or
c) copy, scrape or harvest data without our permission.
8.3 We may, at any time and without notice, modify the Site, suspend access or terminate user accounts that breach these Terms.
9.1 To the maximum extent permitted by law:
a) all warranties, guarantees and conditions not expressly set out in theseTerms are excluded;
b) we are not liable for any indirect, special or consequential loss, loss of profit, revenue, good will or business opportunity arising from your use of the Site or its content.
9.2 Nothing in these Terms excludes liability for fraud, wilful misconduct or any liability that cannot be excluded by law.
You indemnify and hold us (and our directors, employees and agents) harmless against all claims, losses, damages, costs and expenses (including reasonable legal costs) arising from your breach of these Terms or your misuse of the Site, except to the extent caused by our negligence or misconduct.
11.1 If a dispute arises, either party must give the other written notice describing the dispute (“Dispute Notice”). Senior representatives must meet (in person or virtually) within seven (7) days to negotiate in good faith.
11.2 If unresolved within fourteen (14) days after the Dispute Notice, the parties must refer the dispute to mediation administered by the Queensland Law Society (or similar body) before commencing court proceedings, except for urgent injunctive relief.
11.3 Each party bears its own costs of mediation and shares the mediator’s costs equally.
These Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
13.1 We hold all licences required to act as a business broker inQueensland and comply with the Property Occupations Act 2014 (Qld), theAustralian Consumer Law and any childcare-sector specific regulations applicable to our activities.
14.1 We may amend these Terms from time to time by posting the updated version on our Site.
14.2 Continued use of the Site constitutes acceptance of the amendedTerms.
15.1 Any notice under these Terms must be in writing and delivered by hand, prepaid post or email to the latest contact details we hold for you.
15.2 A notice is deemed received:
a) if delivered by hand, upon delivery;
b) if sent by post within Australia, three (3) business days after posting; or
c) if sent by email, when the email leaves the sender’s server unless the sender receives an automated message that the email was not delivered.
If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remainder of the Terms continue in full force.
These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede all prior discussions, representations or agreements relating to your use of the Site. Any separate written engagement agreement (such as an Appointment Form) will govern any specific engagement for services.