Terms & Conditions
1) Acknowledgment and acceptance
This website (“Website”) is owned and operated by The Pen Accounting Services Pty Ltd (“The Pen Accounting”, “we”, “our”, “us”).
By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We may update these Terms and Conditions from time to time without prior notice. Continued use of this Website constitutes your acceptance of any amendments.
2) Links to other websites
This Website may contain links to third-party websites. These are provided for convenience only. The Pen Accounting does not warrant, endorse, or accept responsibility for the accuracy, ownership, or any other aspect of content on those websites.
3) Copyright
Unless otherwise stated, all content and design elements of this Website are the intellectual property of The Pen Accounting or used under licence.
You may:
- Temporarily copy part or all of this Website onto a local computer for personal viewing.
- Print one hard copy of a full page for personal use, provided copyright notices remain intact.
You may not, without prior written consent or applicable legal permission:
- Reproduce, adapt, store, transmit, display, publish, or create derivative works from any content or design.
- Embed or frame any Website content in another website.
- Use Website content for commercial purposes.
4) Virus warning
The Pen Accounting does not guarantee that files or information from this Website are free from viruses, malware, or other faults. You are responsible for scanning material before use.
We accept no liability for any loss, damage, or costs (direct or indirect) resulting from the use of this Website or from harmful code transmitted from it.
5) Release and indemnity
You agree to release and indemnify The Pen Accounting, its related bodies corporate, directors, employees, and representatives from any claims, losses, liabilities, costs, or expenses (including legal costs) arising out of:
- Your use of this Website or its content.
- Any breach of these Terms and Conditions.
- Any action or inaction you take in reliance on Website information.
6) Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales. You and The Pen Accounting agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
7) Limitation of liability
The Pen Accounting will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Pen Accounting has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of The Pen Accounting for any breach of such term, condition or warranty shall be limited, at the option of The Pen Accounting, to any one or more of the following:
If the breach relates to goods:
- The replacement of the goods or supply of equivalent goods.
- The repair of such goods.
- The payment of the cost of replacing the goods or of acquiring equivalent goods.
- The payment of the cost of having the goods repaired.
- If the breach to services:
- The supplying of the services again.
- The payment of the cost of having the services supplied again.
8) Disclaimer
The information contained on this Website is provided by The Pen Accounting in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website.
None of The Pen Accounting, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Website. To the fullest extent permitted by applicable law, The Pen Accounting disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Pen Accounting makes no warranty that the Website or any products or services advertised on the Website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.