Terms and Condition

1 . About the Website
  • Welcome to  aegisforensics.com.au (Website). T he Website is  Financial ForensicInvestiatigations (Services).
  • The Website is operated by A egis Forensics (ABN  62 822 698 560). A ccess to and use ofthe Website, or any of its associated Products or Services, is provided by A egis Forensics.Please read these terms and conditions (Terms) carefully. By using, browsing and/orreading the Website, this signifies that you have read, understood and agree to be boundby the T erms. If you do not agree with the T erms, you must cease usage of the Website, or any of Services, immediately.
  • Aegis Forensics reserves the right to review and change any of the T erms by updating this page at its sole discretion. When A egis Forensics updates the T erms, it will use reasonable endeavours to provide you with notice of updates to the  Terms. A ny changes to the T ermstake immediate effect from the date of their publication. Before you continue, werecommend you keep a copy of the T erms for your records.
2. Acceptance of the Terms

You accept the T erms by remaining on the Website. Y ou may also accept the T erms by clicking to accept or agree to the T erms where this option is made available to you by A egis Forensics in the user interface.

3. Registration to use the Services
  • In order to access the Services, you must first register for an account through the Website (Account).
  • As part of the registration process, or as part of your continued use of the Services, youmay be required to provide personal information about yourself (such as identification orcontact details), including:
    1. Email address
    2. Telephone number
    3. Name & Enquiry
  • You warrant that any information you give to A egis Forensics in the course of completingthe registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the T erms.
  • You may not use the Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with A egis Forensics; or
    2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
  • you will use the Services only for purposes that are permitted by:
    1. the T erms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your passwordand/or email address. Use of your password by any other person may result in theimmediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, isstrictly prohibited. Y ou agree to immediately notify A egis Forensics of anyunauthorised use of your password or email address or any breach of security ofwhich you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the soleuse of the Website by you for the purposes of Aegis Forensics providing theServices;
  • you will not use the Services or the Website in connection with any commercialendeavours except those that are specifically endorsed or approved by themanagement of Aegis Forensics;
  • you will not use the Services or Website for any illegal and/or unauthorised usewhich includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking tothe Website;
  • you agree that commercial advertisements, affiliate links, and other forms ofsolicitation may be removed from the Website without notice and may result intermination of the Services. A ppropriate legal action will be taken by A egisForensics for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Servicesis prohibited.
5. Payment
  • All payments made in the course of your use of the Services are made using  at thedescretion of Aegis Forensics. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the  at the descretion of Aegis Forensics terms andconditions which are available on their website.
  • You acknowledge and agree that where a request for the payment of the  Services Fee isreturned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges,associated with the  Services Fee.
  • You agree and acknowledge that A egis Forensics can vary the  Services Fee at any time.
6. Refund Policy
  • Aegis Forensics will only provide you with a refund of the  Services Fee in the event theyare unable to continue to provide the Services or if the manager of Aegis Forensics makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
  • Any benefits set out in this T erms and Conditions may apply in addition to consumer'srights under the Australian Consumer Law.
7. Copyright and Intellectual Property
  • The Website, the Services and all of the related products of Aegis Forensics are subject to copyright. T he material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (includingcopyright) in the Services and compilation of the Website (including but not limited to text,graphics, logos, button icons, video images, audio clips, Website code, scripts, designelements and interactive features) or the Services are owned or controlled for thesepurposes, and are reserved by A egis Forensics or its contributors.
  • All trademarks, service marks and trade names are owned, registered and/or licensed byAegis Forensics, who grants to you a worldwide, non-exclusive, royalty-free, revocablelicense whilst you are a Member to:
    1. use the Website pursuant to the Terms;
    2. copy and store the Website and the material contained in the Website in your device's cache memory; and
    3. print pages from the Website for your own personal and non-commercial use.

    Aegis Forensics does not grant you any other rights whatsoever in relation to the Website or the Services. A ll other rights are expressly reserved by A egis Forensics.
  • Aegis Forensics retains all rights, title and interest in and to the Website and all relatedServices. Nothing you do on or in relation to the Website will transfer any:
    1. business name, trading name, domain name, trade mark, industrial design, patent,registered design or copyright, or
    2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    3. a thing, system or process that is the subject of a patent, registered design orcopyright (or an adaptation or modification of such a thing, system or process).
  • You may not, without the prior written permission of Aegis Forensics 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 Services or thirdparty Services for any purpose, unless otherwise provided by these  Terms. T his prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy

Aegis Forensics takes your privacy seriously and any information provided through your use ofthe Website and/or Services are subject to A egis Forensics's Privacy Policy, which is available on the Website.

9. General Disclaimer
  • Nothing in the T erms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the A ustralian Consumer Law (or anyliability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:

    1. all terms, guarantees, warranties, representations or conditions which are notexpressly stated in the T erms are excluded; and

    2. Aegis Forensics will not be liable for any special, indirect or consequential loss ordamage (unless such loss or damage is reasonably foreseeable resulting from ourfailure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these  Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise.
  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of anykind. None of the affiliates, directors, officers, employees, agents, contributors andlicensors of Aegis Forensics make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of AegisForensics) referred to on the Website. T his includes (but is not restricted to) loss ordamage you might suffer as a result of any of the following:

    1. failure of performance, error, omission, interruption, deletion, defect, failure tocorrect defects, delay in operation or transmission, computer virus or other harmfulcomponent, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    2.the accuracy, suitability or currency of any information on the Website, the Services,or any of its Services related products (including third party material andadvertisements on the Website);

    3. costs incurred as a result of you using the Website, the Services or any of theproducts of Aegis Forensics; and

    4. the Services or operation in respect to links which are provided for yourconvenience.
10. Limitation of liability
  • Aegis Forensics's total liability arising out of or in connection with the Services or theseTerms, however arising, including under contract, tort (including negligence), in equity,under statute or otherwise, will not exceed the resupply of the Services to you.
  • You expressly understand and agree that A egis Forensics, its affiliates, employees, agents,contributors and licensors shall not be liable to you for any direct, indirect, incidental,special consequential or exemplary damages which may be incurred by you, howevercaused and under any theory of liability. T his shall include, but is not limited to, any loss ofprofit (whether incurred directly or indirectly), any loss of goodwill or business reputationand any other intangible loss.
11. Competitors

If you are in the business of providing similar Services for the purpose of providing them to usersfor a commercial gain, whether business users or domestic users, then you are a competitor ofAegis Forensics. Competitors are not permitted to use or access any information or content onour Application. If you breach this provision, A egis Forensics will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12. Termination of Contract
  • The Terms will continue to apply until terminated by either you or by A egis Forensics as set out below.
  • If you want to terminate the T erms, you may do so by:

    1. providing A egis Forensics with  14 days' notice of your intention to terminate; and
    2. closing your accounts for all of the services which you use, where A egis Forensics has made this option available to you. Your notice should be sent, in writing, to A egis Forensics via the 'Contact Us' link on our homepage.
  • Aegis Forensics may at any time, terminate the Terms with you if:

    1. you have breached any provision of the Terms or intend to breach any provision;
    2. Aegis Forensics is required to do so by law;
    3. the provision of the Services to you by A egis Forensics is, in the opinion of Aegis Forensics, no longer commercially viable.
  • Subject to local applicable laws, A egis Forensics reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your accessto all or any portion of the Website or the Services without notice if you breach anyprovision of the T erms or any applicable law or if your conduct impacts A egis Forensics'sname or reputation or violates the rights of those of another party.
13. Indemnity

You agree to indemnify A egis Forensics, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (includinglegal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.
14. Dispute Resolution
  • 14.1 . Compulsory:
    If a dispute arises out of or relates to the  Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • 14.2. Notice:
    A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • 14.3. Resolution:
    On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties)must:

    1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

    2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;

    3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. T he Parties must each pay their own costs associated with the mediation;

    4. The mediation will be held in  Sydney, A ustralia.
  • 14.4. Confidential
    All communications concerning negotiations made by the Parties arising out of and inconnection with this dispute resolution clause are confidential and to the extent possible,must be treated as "without prejudice" negotiations for the purpose of applicable laws ofevidence.
  • 14.5. Termination of Mediation:
    If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so..
15. Venue and Jurisdiction

The Services offered by A egis Forensics is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of  New South Wales, Australia.

16. Governing Law

The Terms are governed by the laws of  New South Wales, 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  New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. T he 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.

17. Severance

If any part of these T erms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the  Terms shall remain in force.