1. LCI Partners Group of Entities
For the purpose of these terms and conditions (‘Terms’) the LCI Partners group of entities (‘LCI Partners’) consists of the following Companies and their directors, officers, employees, agents, contributors, and licensors.
- LCI Advisory Pty Ltd (ACN: 124 037 163)
- LCI Insurance Pty Ltd (ACN: 608 442 057)
- LCI Legal Pty Ltd (ACN: 141 794 827)
- LCI Lending Pty Ltd (ACN: 064 584 103)
- LCI Partners Pty Ltd (ACN: 603 778 187)
- LCI Property Pty Ltd (ACN: 150 487 522)
- LCI Sports Pty Ltd (ACN: 659 179 129)
- LCI Wealth Pty Ltd (ACN: 124 037 136)
2. About the Website
a. Welcome to www.lcipartners.com (the ‘Website’). The Website provides business advisory services (the ‘Services’).
b. The Website is operated by LCI Partners Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by LCI Partners. Please read these Terms carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
c. LCI Partners reserves the right to review and change any of the Terms by updating this page at its sole discretion. When LCI Partners updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
3. Acceptance of the Terms
a. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by LCI Partners in the user interface.
4. Your Obligations
a. You agree to comply with the following:
i. you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of LCI Partners providing Services;
iii. you will not use the Services or the Website in connection with any commercial except those that are specifically endorsed or approved by the management of LCI Partners;
iv. you will not use the Services or Website for any illegal and/or unauthorised use;
v. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by LCI Partners for any illegal or unauthorised use of the Website; and
vi. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Copyright and Intellectual Property
a. The Website, the Services and all the related products of LCI Partners are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) 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, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by LCI Partners or its contributors.
b. All trademarks, service marks and trade names are owned, registered and/or licensed by LCI Partners, who grants to you a wor1dwide, non-exclusive, royalty-free, revocable license to:
i. use the Website pursuant to the Terms;
ii. copy and store the Website and the material contained in the Website in your device’s cache memory; and
iii. print pages from the Website for your own personal and non-commercial use.
LCI Partners does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by LCI Partners.
c. LCI Partners retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
ii. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
iii. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
d. You may not, without the prior written permission of LCI Partners 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 third-party Services for any purpose. unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7. General Disclaimer
a. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b. Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
ii. LCI Partners will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure 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), in equity, pursuant to statute or otherwise.
c. 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 any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of LCI Partners make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of LCI Partners) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i. failure of performance, error, omission. interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
ii. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
iii. costs incurred as a result of you using the Website, the Services or any of the products of LCI Partners; and
iv. the Services or operation in respect to links which are provided for your convenience.
8. Limitation of Liability
a. LCI Partners’ total liability arising out of in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
b. You expressly understand and agree that LCI Partners, 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, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
a. You agree to indemnify LCI Partners, its affiliates, employees, agents. contributors, third party content providers, and licensors from and against:
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
ii. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii. any breach of the Terms.
10. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
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.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
i. Within 14 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;
ii. If for any reason whatsoever, 21 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 President of the Law Society of NSW Mediation Program or his or her nominee;
iii. 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 to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
iv. The mediation will be held in Sydney, Australia
All communications concerning negotiations made by the Parties arising out of and in connection 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 of evidence.
e. Termination of Mediation:
If 30 days 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.
11. Venue and Jurisdiction
a. The Services offered by LCI Partners 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.
12. Governing Law
a. 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. The 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.
13. Independent Legal Advice
a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
a. If any part of these Terms 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.