Terms of Service
Engaging Brand Advocate
A company (hereinafter referred to as ‘the Client’) engaging with Brand Advocate is subject to the following terms of business.
Engagement Terms
1. Brand Advocate Operations
1.1 Brand Advocate offers the In-house Creative Counsel of Andrew W Morse or another experienced consultant at the discretion of Brand Advocate.
1.2 The Client agrees and accepts that contract terms are twelve (12) months unless otherwise stipulated in writing by Brand Advocate
1.3 Dates for the Brand Advocate consultant’s presence in the Client’s office will be mutually agreed in writing in advance.
1.4 Should for any reason the Client’s office or personnel not be available on a scheduled date, 72 hours notice in writing is required in order to substitute another date, or the day will be considered to be worked
1.5 Brand Advocate retains the right to substitute scheduled dates without notice to the Client should it be unavoidable
1.6 Service fees are to be paid by the Client in advance
1.7 External fees will be quoted on an itemised basis and must be accepted in writing by the Client or contracted directly with a supplier with Brand Advocate approval, if preferred
1.8 External fees will be payable by the Client in advance, upon approval, upon delivery, or within 14 days, subject to prior written confirmation
Your use of the Brand Advocate Website is governed by these
Terms of Use
2. Use of Brand Advocate Website and Materials
2.1 The information, graphics and materials on the Brand Advocate Website (“Materials”) are intended to summarise our services and general matters of interest.
2.2 Brand Advocate through the Brand Advocate Website is not representing that Brand Advocate holds the authorisations and permissions necessary to provide legal advice in all jurisdictions in which the Materials may be received.
2.3 Brand Advocate makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Materials. You should seek legal or other professional advice before acting or relying on any of the Materials. Use of the Brand Advocate Website and /or the Materials is not intended to and does not create any solicitor-client relationship.
2.4 Brand Advocate does not warrant or represent that the Brand Advocate Website or the Materials will not cause damage or are free from any computer virus or any other defects or errors.
2.5 Brand Advocate is not liable to users of the Brand Advocate Website for any loss or damage however caused resulting from the use of the Brand Advocate Website and/or the Materials.
2.6 The Internet is not a secure medium and communications to and from the Brand Advocate Website may be intercepted or altered in transit. We do not warrant that the Brand Advocate Website is free from anything which may damage any computer which accesses the website or data on such computer.
2.7 In using the Brand Advocate Website, you are deemed to accept our Privacy Policy which appears on this site.
3. Limitations of liability
3.1 To the maximum extent permitted by law, we exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Materials and/or any use of the Brand Advocate Website. This includes, but is not limited to, the transmission of any computer virus.
3.2 Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the services again, or the payment of the cost of having them supplied again.
3.3 Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under the Trade Practices Act 1974.
3.4 Under no circumstances will Brand Advocate be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the Materials or the Brand Advocate Website.
3.5 Liability is limited by the Solicitors’ Limitation of Liability Scheme, approved under the Professional Standards Act 1994 (NSW)
4. Copyright in material on this site
4.1 Unless otherwise indicated, we reserve all copyright in the content and design of this website. We own all such copyright or use it under licence or applicable law.
4.2 Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968(Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Brand Advocate.
4.3 Brand Advocate is the owner of several registered trademarks which appear on this website. Unauthorised use of these trademarks will infringe our intellectual property rights.
4.4 Brand Advocate reserves all other rights in the Materials and the Brand Advocate Website.
5. Links to or from this website
5.1 You must not create or maintain any link from another website to this Brand Advocate Website without our written consent. We are not liable for the content on those websites.
5.2 Brand Advocate makes no warranties or representations that material on other web sites to which the Brand Advocate Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
5.3 Brand Advocate is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites.
6. Applicable Law
6.1 The law applicable to use of the Brand Advocate Website and the Materials and to disputes arising out of the Brand Advocate Website and the Materials is governed by, and construed in accordance with the laws of the state of Victoria, Australia.
6.2 We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on this website as they are changed. This legal disclaimer is in no way limited or altered by any other terms or conditions on this website.