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Last updated: January 2024

Agreement to Terms

By accessing or using the birch-port website ("Site"), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our Site.

Use of the Site

You may use our Site only for lawful purposes and in accordance with these Terms. You agree not to:

Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design) are owned by birch-port and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any material on our Site without our prior written consent.

Information Accuracy

While we strive to provide accurate and up-to-date information on our Site, we make no representations or warranties about the completeness, accuracy, reliability, or availability of the information. Any reliance you place on such information is strictly at your own risk.

Services Information

Information about our consulting services, including pricing, is provided for general informational purposes only. Actual service terms, deliverables, and pricing will be confirmed in writing through separate service agreements. We reserve the right to modify service offerings and pricing at any time without notice on the Site.

Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by birch-port. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

User Submissions

By submitting any information through our contact forms or other communication channels, you grant us the right to use that information for the purpose of responding to your enquiry and providing our services. You represent that you have the right to submit such information and that it does not violate any third-party rights.

Disclaimer of Warranties

The Site is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that:

Limitation of Liability

To the fullest extent permitted by applicable law, birch-port shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Indemnification

You agree to defend, indemnify, and hold harmless birch-port and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Site.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, to resolve any legal matter arising from these Terms.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be indicated by updating the "Last updated" date at the top of these Terms. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and birch-port regarding the use of our Site.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

Email: [email protected]
Address: Level 8, 123 Collins Street, Melbourne VIC 3000, Australia