Term of Use

A. General

  1. “Us”, “our” and similar terms means 13th Floor North Co-Operative Society Limited trading as 13 Wentworth Selborne.
  2. “You” and similar terms means the person and/or entity accessing this website for any purpose.
  3. Your use of, and access to our website indicates acceptance of these terms as in force from time to time.

B. Limitation of Liability

  1. While we make all reasonable efforts to ensure the accuracy of this website, it is an essential pre-condition of your use of this website that you hereby agree to hold us harmless and release us for any loss or damage you may suffer related to your use of this website, whether arising from errors, acts or omissions in our documents or information provided to you.
  2. None of the information contained on our website is, or should be considered to constitute, legal advice in any way shape or form. If you require legal advice you should formally retain a competent legal practitioner.
  3. You agree that you have not and will not rely on any of the information on this site as legal advice.
  4. Barristers who are members of our floor may link to or make available papers dealing with matters of law on our site. Those papers are reproduced with permission and may not represent the current state of the law. They are provided for educational purposes only and should not be used as a substitute for proper legal advice.
  5. You agree that we will not be liable to you in any circumstances for any loss of profit, loss of chance, damages, taxation penalties, general interest charges levied by the Australian Taxation Office or other fines or fees which are levied on you or found to be payable as a result of your failure to meet any Australian law including taxation laws or your reliance upon any information on this website, whether that information is correct or incorrect.
  6. You agree that your use of this website and service is at your own risk. We cannot warrant that the website will remain free of malware or viruses and you should take all necessary steps to protect your computer or mobile device from infection from these, and other possible hostile threats.

C. Links to Other Websites

  1. We may provide links to other websites for your information. We do not sponsor, endorse or approve any of these sites unless otherwise stated on our website. We do not accept any responsibility for the content on any websites to which we provides links.

D. Australian Consumer Law

  1. For the purposes of the Australian Consumer Law contained within the Competition and Consumer Act 2010 (Cth), our liability for any breach of a term of this agreement is limited to (a) supplying to you the services again; or (b) payment for the costs of having the services supplied to you again.

E. Disclaimers

  1. To the furthest extent permissible under law, we absolutely and irrevocably disclaims all warranties, either express or implied, including, but not limited to: implied warranties of merchantability and fitness for any particular purpose.
  2. We provides you with no warranty that the website service will be free from errors, or that any defects in the site will be corrected or that this website will be free from viruses or any harmful components.
  3. We do not warrant or make any representations to you regarding the use or the result from the use of any document, link or information provided to you on this website or as to the correctness, suitability, accuracy, reliability or otherwise of the information on this website.
  4. The applicable law in your state or territory may not permit some of the above exclusions. To the extent that any of the above exclusions are not allowed at law, they do not form part of this agreement. You should consult the laws in your state or territory to determine whether some of these exclusions do not apply to you.

E. Privacy

  1. We respect your privacy and keeps your personal information confidential. We adhere to the privacy principles set out in the Privacy Act 1988 (Cth). Please see our privacy policy for more information.
  2. We do not sell or deal in personal or customer information. Please note that we do not generally collect your personal information but we may use your information in aggregate form without any identifying data to create marketing statistics and improve our website.

F. Jurisdiction

  1.  This agreement and this website are subject to the law of New South Wales and Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute which arises under this agreement.

G. Dispute Resolution

  1. Any dispute or difference whatsoever arising out of or in connection with these terms and conditions shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules prior to either party taking action.

H. Breach and indemnity

  1. In the event that you breach this agreement, you agree to indemnify us for any and all loss or damage suffered by us in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.

I. Copyright

  1. You may not reproduce the information contained in this website for sale, reverse engineering or use by a third party without our written consent, which may be withheld in our absolute discretion.
  2. This website and the “13 WENTWORTH SELBORNE” logo are the copyright property of us. Other than icons within the website which are used under license and are copyright their respective owners, all page, interface and site design is our property. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use. Apart from any use as permitted under the Copyright Act 1968 (NSW), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any kind of derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website without our written permission.
  3. You must not attempt to gain unauthorised access to the database or source code in this website, misuse the site, attempt to reverse engineer programming code, or otherwise use this website service other than as permitted in these terms.

J. Whole Agreement

  1. These terms and conditions represent the entire agreement between you and us concerning your use of and access to our website. No other term is to be included or implied into this agreement other than where required by any Commonwealth, State or Territory legislation.
  2. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

K. Severability

  1. If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.
  2. The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.
  3. The exclusion of any term under this section will not affect or change the enforceability or construction of the other clause of these terms and conditions.
  4. In these Terms and Conditions, unless the context otherwise requires: (a) headings and underlinings are for convenience only and do not affect the interpretation of this document; words importing the singular include the plural and vice versa; (b) words importing a gender include any gender; an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate or any government, governmental authority, agency or instrumentality of whatever nature or kind and however named or called and vice versa; (c) a reference to a document or an agreement includes an amendment or supplement to, or replacement or novation of, that document or agreement; (d)  a reference to a party or in any other document or agreement includes that party’s permitted successors and permitted assigns; (e) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms or any part of them; and (f) to the extent there is an ambiguity in the interpretation of these terms, such ambiguity is to be interpreted in the manner most favourable to us.

L. Amendments to These Terms

  1. From time to time, we may need to amend these terms. You agree to regularly review these terms, and agree that your ongoing use of this website after any change to the terms will constitute acceptance of the change to the terms.