Welcome to www.lleytonandbechewitt.com.au ("Website").

This document describes the terms and conditions that govern your use of the Website ("Terms and Conditions").  These Terms and Conditions comprise a legal agreement ("Agreement") between you (either an individual or a single entity) ("You" or "Your") and Lleyton Hewitt Marketing Pty Ltd of Suite 35, 209 Toorak Road, South Yarra, Victoria, 3141, its nominees, successors and permitted assigns ("LHM") in relation to Your use of the services offered by LHM on the Website.

You must read these Terms and Conditions prior to accessing or using the Website.  By accessing and/or using the Website and/or any contents or services therein, You, as a user of the Website, hereby accept and agree to abide by these Terms and Conditions, and any additional terms & conditions and/or site policies governing specific services provided on the Website, as may be added from time to time.

LHM reserves the right in its sole and absolute discretion to modify without prior warning or notice these Terms and Conditions. You agree that Your continued use of the Website after such modification shall constitute acceptance of the modifications to abide by and be bound by such modifications.  LHM recommends and advises You to regularly visit this web page to review the prevailing Terms of Use.

If You do not agree with any of the above, please discontinue Your use of the Website and/or any content or services therein.

1.    Conditions of Use

1.1    The Website contains hyperlinks to entities which are associated with LHM ("Corporate Partners").

1.2    You must not:

(a)    use or register as a trade mark, business name or domain name any trade mark, name or logo similar to those used by or associated with LHM or any Corporate Partner;

(b)    subject to clause 1.3, use or copy any of the material or content located on the Website;

(c)    do anything that would cause LHM or the Website to be brought into disrepute; or

(d)    copy, reverse engineer or decompile any component of the Website, without LHM's prior written consent, such consent to be provided or withheld in LHM's absolute discretion.

1.3    You may use material available for download through the Website ("Materials") for Your own personal use only.  For the avoidance of doubt, you must not use, copy or distribute any Materials for commercial purposes.

2.1    In using the Website, You may provide certain personal information through the Website.  LHM respects your privacy and will handle Your personal information in accordance with its Privacy Policy (www.lleytonandbechewitt.com).

2.2    You agree that LHM may use Your personal information for the purpose of operating its business through the Website and for direct marketing purposes.

2.3    You must advise LHM of any changes to Your personal details.  LHM excludes any liability resulting from or in connection with any failure by You to advise LHM of any change to your personal details.

2.4    In using the Website, You must provide information that is not false or misleading in any way.

3.    Term and Termination

3.1    The Agreement between You and LHM shall commence on the date You accept the Terms and Conditions and shall continue until terminated by LHM.

3.2    LHM may terminate this Agreement by giving You written notice if You have breached a material term of this Agreement which is either incapable of remedy, or is capable of remedy and that You have failed to remedy that breach within seven (7) days of receiving written notice of that breach.

3.3    Termination of this Agreement will not affect the accrued rights and remedies of either party.

4.    Acknowledgements

You acknowledge that:

4.1    Your use of the Website is entirely at Your own risk and any services provided through the Website are provided on an "as is" basis.

4.2    LHM makes no representation or warranty in relation to the quality, safety or fitness for purpose for any goods and/or services purchased through the Website.

5.    Limitation of Liability

5.1    To the fullest extent permitted by law, LHM disclaims all liability (including any indirect, special, incidental or consequential damage or loss) suffered or incurred by any person, whether directly or indirectly by reason of any use or misuse of, or reliance upon, the Website, or any of the information on the Website being incomplete, incorrect or misleading or deceptive.

5.2    To the maximum extent permitted by law, all terms, conditions and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage are expressly excluded from this Agreement.

5.3    If You become entitled to obtain any legal remedy for breach of this Agreement then that remedy will be limited to the right:

(a)    if the breach relates to goods – the replacement of the goods, the supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(b)    if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

5.4    LHM will not be liable to You for any indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by You, whether caused by a breach by LHM, negligence on the part of LHM or any of its representatives and whether LHM was aware or should have been aware of the possibility of such loss or damage.

5.5    You hereby indemnify LHM in respect of any loss or damage suffered by You or a third party as a result of Your use of the Website.

6.    Goods and Services Tax

6.1    In this clause:

(a)    GST Law means A New Tax System (Goods & Services Tax) Act 1999 and Regulations and any other similar or related Act or Regulation; and

(b)    taxable supply, tax invoice, recipient, supplier and supply have the same meaning as defined in the GST Law.

6.2    Unless otherwise provided for in this Agreement, any amount payable pursuant to this Agreement is expressed exclusive of GST.

6.3    If a supply made pursuant to this Agreement is a taxable supply, the recipient shall pay on demand to the supplier, any GST payable on that supply in addition to any other amount that may be payable by the recipient to the supplier for that supply pursuant to this Agreement provided that the supplier provides to the recipient a valid tax invoice in the form prescribed by the GST Law within fourteen (14) days of such payment.

7.    General

7.1    This Agreement is governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

7.2    This Agreement may be amended by LHM at any time, such amendments to take effect 14 days after posting of the amendments on the Website.

7.3    You must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of LHM.  LHM may assign or transfer its rights or obligations under this Agreement at any time without obtaining Your consent.

7.4    Each party must do everything necessary or reasonably required by another party to give full effect to the purposes, and transactions contemplated by, this Agreement.

7.5    The relationship between the parties is and will remain that of independent contractors, and nothing in this Agreement constitutes the parties as partners or joint venturers or constitutes any party as the agent of another party or gives rise to any other form of fiduciary relationship between the parties.

7.6    No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this Agreement.

7.7    This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and had no further effect.

7.8    If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

8.    Definitions and Interpretation

8.1    In this Agreement:

(a)    Business Day means any day on which trading banks are open for the conduct of general banking business in South Australia.

8.2    In this Agreement unless the contrary intention appears:

(a)    a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements or any of them;

(b)    singular includes the plural number and vice versa and a reference to any one gender includes each other gender (as the case may require);

(c)    headings are for convenience only and do not affect interpretation;

(d)    the word "person" includes a firm, corporation, body corporate, unincorporated association or any governmental authority, and includes a reference to the person's executors, administrators, legal personal representatives, successors and permitted assigns;

(e)    an agreement on the part of, or in favour of, two or more persons binds or is for the benefit of them or any one or more of them jointly and severally;

(f)    "includes" means includes without limitation;

(g)    where a word or phrase is given a defined meaning in this document, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning; and

(h)    "$" or "dollars" means the currency used in Australia.

(i)    If the day on which any act, matter or thing is to be done under or pursuant to this Agreement is not a Business Day, that act, matter or thing must be done on the next succeeding Business Day.