Website Terms & Conditions

About these terms

Please read these terms carefully before using our Site.

These are the Terms and Conditions for use of this website, scottitsorted.com.au (the Site).

This Site is the website of Scott It Sorted (ABN 61 590 672 899) ("Scott It Sorted", "we", "us" or "our").

Please take the time to read these Terms and Conditions, which apply to your use of this Site and the content made available to you (the Terms). These Terms, together with our Privacy Policy, are binding on all Site visitors, clients, customers and other users of the Site ("user", "you" and "your").

Governing law and jurisdiction

By using the Site, you accept these Terms in full, including any modifications made by Scott It Sorted from time to time.

If you use an online form, contact us through the Site, or engage our services following contact made through the Site, you expressly agree to these Terms, including any modifications made from time to time.

Our Site, like any other website, is accessible to anyone, which means it may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access it.

These Terms are construed in accordance with, and governed in all respects by, the laws of the State of Western Australia, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute as quickly, cost-effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia.

Consent to these terms

By accessing and using this Site, our social media channels and any other materials we make available to you, you are taken to accept these Terms in full, including any modifications made from time to time.

By using the Site, you warrant that:

• you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
• you have read and accepted these Terms; and
• you will comply with these Terms.

Your continued use of this Site is deemed acceptance of any modification or amendment of these Terms. You may also accept these Terms by clicking "Agree" or "Accept" where that option is made available to you. If you are uncertain about these Terms or anything else on our Site, please contact us.

Enquiries and information on this site

Information about our services on this Site is general in nature and is provided so that you can decide whether to contact us. It does not constitute an offer capable of acceptance, a quote, or advice specific to your business.

Submitting an enquiry through this Site does not create a contract between us and does not oblige either party to proceed. Any engagement begins only when we have agreed the scope, fees and terms in writing.

We try to describe our services accurately and clearly. Even so, information on the Site may occasionally contain typographical errors, inaccuracies or omissions. We may correct such errors and update information at any time without prior notice.

We reserve the right, in our sole discretion and without prior notice or liability, to add, modify, suspend or discontinue any part of the Site or its features, to impose limitations on any aspect of the Site, to restrict or cancel access to any part or all of the Site, and to alter these Terms.

Privacy

Our Privacy Policy forms part of these Terms.

Data collection and use

By using the Site, you acknowledge and agree that:

• Scott It Sorted collects, uses and discloses your personal information in accordance with our Privacy Policy;
• we may use your information to send you marketing communications and promotions, and you may opt out at any time;
• we use cookies and similar technologies as described in our Privacy Policy; and
• you are responsible for maintaining the accuracy of your personal information.

Data security

While we implement reasonable security measures to protect your personal information, you acknowledge that no method of electronic transmission or storage is completely secure, that we cannot guarantee absolute security, and that you must notify us immediately of any suspected unauthorised access.

Data breach notification

In the event of a data breach that is likely to result in serious harm to you, we will notify you and the Office of the Australian Information Commissioner as required by the Privacy Act 1988 (Cth).

Intellectual property

Ownership

The interfaces, content, arrangement and layout of the Site — including the Scott It Sorted name, logo, trade marks, copyright material, designs, text, artwork, graphics, images, buttons, user interfaces, information and any compilation of these (our Intellectual Property), and material licensed to us by third parties (Third-Party Licensed Intellectual Property) — are:

• the property of Scott It Sorted, except where otherwise noted;
• protected from copying, imitation, communication or simulation under Australian and international law; and
• not to be reproduced, modified, communicated, displayed, distributed or transmitted without our prior written permission.

Your use of the Site and access to any content does not grant or transfer any right, title or interest in the Site or its content to you. By visiting the Site, you do not acquire, by implication or otherwise, any licence or right to use or make additional copies of any material displayed on the Site.

No commercial use

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format, the Site or its content, our Intellectual Property or Third-Party Licensed Intellectual Property, in whole or in part, without our prior written consent. We reserve the right to immediately remove your access to our Site if you are found to be violating these Terms.

When accessing the Site, you agree to obey the law and respect the intellectual property rights of others. You are solely responsible for any violation of relevant laws, and any infringement of third-party rights caused by content you provide or transmit.

Prohibited activities

You agree that you will not, in connection with your use of the Site, violate any applicable law or regulation. Without limiting that, you agree not to:

• make available through the Site any material that infringes any copyright, trade mark, patent, trade secret or other right of any party, including rights of privacy or publicity;
• institute, assist or become involved in any attack on the Site, including denial-of-service attacks, or otherwise attempt to disrupt the Site or any other person's use of it; or
• attempt to gain unauthorised access to the Site, to accounts registered to other users, or to computer systems or networks connected to the Site.

You may not use the Site to develop, generate, transmit or store information that:

• is defamatory, derogatory, harmful, abusive, obscene or hateful;
• obstructs or interferes with another person's use of the Site;
• constitutes unsolicited commercial communication not permitted by law;
• constitutes harassment or a violation of privacy, or threatens other people or groups;
• is harmful to children in any manner;
• violates any applicable law, regulation or ordinance;
• makes any false, misleading or deceptive statement about Scott It Sorted or the Site; or
• constitutes phishing, pharming, impersonation or identity theft, or assumes any person's identity, whether real or an online alias.

You also agree not to obtain or attempt to obtain information from the Site, including the details of other users; to intercept, examine or observe any proprietary communications protocol used by the Site through network analysers, packet sniffers or other devices; or to use any bot, spider, virus, worm, software lock, Trojan horse, trap door, time bomb or other code designed to provide unauthorised access to, or to distort, delete, damage or disassemble, the Site.

Links to other websites

Our Site and social media channels may contain links to sites operated by third parties. We provide these links as a convenience, and use of those sites is at your own risk. Unless we expressly tell you otherwise, we do not endorse, control or approve of, and are not responsible for, the content on those sites, and we disclaim all liability in relation to your access to and use of them.

Linking to our Site

You may not place a link to the Site on another website without our prior written consent. Without limiting that, you must adhere to the following linking policy:

• the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our name and trade marks;
• the link may not create a false impression that your organisation is endorsed by, affiliated with, or associated with Scott It Sorted;
• when selected, the link must display the Site full-screen and not within a frame on the linking site; and
• we reserve the right to revoke consent to any link at any time in our sole discretion.

Competitors

You may not use or access any documents or content on our Site in any way that competes with our business. Scott It Sorted reserves the right to exclude any person from using this Site or accessing its content, in its sole discretion.

Warranties and disclaimers

This Site is provided on an "as is" and "as available" basis and, to the fullest extent permitted by law, we make no representations, guarantees or warranties of any kind about our Site, including that:

• it is suitable, reliable, complete, secure, accurate or fit for any particular purpose;
• access will be free of harmful components, including viruses, or other code that is harmful or may assist in causing harm; or
• there is no possibility of failure to store communications or other data.

Site availability and support

• The Site is provided without guarantee of uninterrupted or error-free access;
• Scheduled maintenance will be given 24 hours' notice where possible, typically during off-peak hours. Emergency maintenance may occur without notice;
• We are not responsible for your internet, device or browser issues, compatibility problems, third-party service failures, or force majeure events including natural disasters, war, pandemics, government actions, cyberattacks, power outages and labour disputes;
• For issues with the Site, contact us at beki@scottitsorted.com.au with a description of the issue, any error messages, the steps you took, your device and browser, and screenshots where possible. We aim to respond within two business days (Monday to Friday, 9am–5pm AWST, excluding public holidays);
• To use the Site you need a compatible device, an internet connection, a current browser (Chrome, Firefox, Safari or Edge), JavaScript and cookies enabled, and a valid email address; and
• During force majeure events we will use reasonable efforts to minimise disruption and resume normal operation as soon as practicable.

Consumer law rights

Nothing in these Terms excludes, restricts or modifies your rights under the Australian Consumer Law (ACL) or other consumer protection law.

• The ACL guarantees that services are rendered with due care and skill, are fit for any specified purpose, and are delivered within a reasonable time; and that goods are of acceptable quality, fit for purpose, and match their description or sample;
• The ACL distinguishes between major and minor failures, with different remedies for each;
• To the extent permitted by law, our liability for breach of a non-excludable guarantee is limited, for services, to re-supplying the services or paying the cost of re-supply and, for goods, to replacement, repair, or payment of the cost of replacement or repair; and
• The liability limitations in these Terms do not apply to liability that cannot be excluded under the ACL.

Limitations on liability

The disclaimers of liability set out in these Terms apply to all clients, customers and visitors.

Except as set out above, and to the extent permitted by law, we do not accept liability for any loss, damage, costs or expenses, including legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of this Site.

Indemnity

You indemnify Scott It Sorted and any associated party, and undertake to keep us indemnified, against all losses, costs, liabilities and expenses — including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute — arising from any breach by you of any provision of these Terms, or from any claim that you have breached any provision of these Terms.

Breaches of these terms

Without prejudice to our other rights, if you breach these Terms, or if we reasonably suspect that you have, we may:

• send you one or more formal warnings;
• temporarily suspend your access to the Site;
• permanently restrict you from accessing the Site;
• block computers using your IP address from accessing the Site;
• contact your internet service provider and request that they block your access to the Site; and/or
• bring court proceedings against you for breach of contract or otherwise.

Where we suspend, prohibit or block your access to the Site or part of it, you must not take any action to circumvent that suspension, prohibition or blocking.

Changes to these terms

• We may revise these Terms at any time, with the "Last updated" date and version number updated accordingly;
• For material changes — including to liability terms or data practices — we will provide at least 14 days' notice by email or by notice on the Site;
• Non-material changes, such as clarifications and corrections, may be made without notice;
• Revised Terms take effect on posting unless otherwise specified;
• Your continued use of the Site after a revision constitutes acceptance of the revised Terms;
• Previous versions are available on request and are retained for two years; and
• Where you have given us your email address, you should keep it current and check your email regularly, including your spam folder.

General

Assignment

You may not transfer, sub-contract or otherwise deal with your rights or obligations under these Terms without our prior written consent. We may transfer, sub-contract or otherwise deal with our rights and obligations under these Terms.

Severability

If any of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the remaining provisions continue in effect.

Third-party rights

These Terms are for the benefit of you and us, and are not intended to benefit or be enforceable by any other person.

Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site. Where you engage us to provide services, that engagement is governed by a separate services agreement.

Contact us

If you have any questions about these Terms, please get in touch.