1. WHO WE ARE AND HOW TO CONTACT US
www.sunbirdconsulting.com.au is a website (Site) operated by Sunbird Consulting Services Pty Ltd
(ACN 658 990 866) of PO Box 4, Yorkeys Knob, Qld 4878 (Sunbird, we, us and our).
To contact us, please email enquiries@sunbirdconsulting.com.au or telephone on 1300 452 408.

2. BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our Site, you confirm that you accept these terms of use and that you agree to comply with
them. If you do not agree to these terms, you must not use our Site.

3. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Site, please check these
terms to ensure you understand the terms that apply at that time.

4. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes to our products, our users’
needs, changes in law and our business priorities. We will try to give you reasonable notice of any
major changes.

5. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be
error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for
business and operational reasons. We will try to give you reasonable notice of any suspension or
withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet
connection are aware of these terms of use and other applicable terms and conditions, and that they
comply with them.

6. ELIGIBILITY TO USE OUR SITE
Our Site is directed to users who are at least 18 years old and are residing in and using this Site
within Australia. We do not represent that content available on or through our Site is appropriate for
use or available in other locations. If you access our Site from outside Australia, you do at your risk
and you are responsible for compliance with laws applicable to your accessing the Site from your
location.

7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of
information as part of our security procedures, you must treat such information as confidential. You
must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or
allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the
provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password,
you must promptly notify us at enquiries@sunbirdconsulting.com.au.

8. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site, and in the material
published on it. Those works are protected by copyright laws and treaties around the world. All such
rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your
personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded
in any way, and you must not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always
be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a
licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to
use our Site will cease immediately and you must, at our option, return or destroy any copies of the
materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as
are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from
copies of materials from this Site.

9. DO NOT RELY ON INFORMATION ON THIS SITE
This Site is provided on an “as is” and “as available” basis, and we make no representations or
warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It is not intended to amount to
advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no
representations, warranties or guarantees, whether express or implied, that the content on our Site
is accurate, complete or up-to-date.

10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites (including banner advertisements and sponsored links)
and resources provided by third parties, these links are provided for your information only. Such
links should not be interpreted as approval by us of those linked websites or information you may
obtain from them. We have no control over the contents of those sites or resources, and you access
third party websites entirely at your own risk and subject to the terms and conditions of use for
those websites.

11. LIMITATION OF LIABILITY
Subject at all times to clause 12 of these terms of use, in no event will we, our affiliates or their
licensors, service providers, employees, agents, officers or directors be liable for damages of any
kind, under any legal theory, arising out of or in connection with your use, or inability to use, our
Site, any websites linked to it, any content on our Site or such other websites or any services or
items obtained through our Site or such other websites, including any direct, indirect, special,
incidental, consequential or punitive damages, including but not limited to, personal injury, pain and
suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings,
loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law.
Without limiting this, if you constitute a consumer under the Australian Consumer Law while using
the Site, nothing in these terms is intended to remove your rights under the Australian Consumer
Law, including to statutory guarantees that may apply to the Site. If we are entitled to limit the
remedies available to you for breach of such guarantees, we expressly limit our liability to either
supplying the affected services again or paying the cost of supplying the services again. We do not
exclude or limit in any way our liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors and for fraud or fraudulent misrepresentation.

12. INDEMNITY
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each
of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors
and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your
violation of these terms or your use of the Site, including, but not limited to, your use of any
information obtained from the Site and any use of the Site’s content, services and products other
than as expressly authorised in these terms.

13. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of
malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own
antivirus software.

14. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of
our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please
contact enquiries@sunbirdconsulting.com.au.

15. GOVERNING LAW
These terms of use, their subject matter and their formation, are governed by the laws of the State
of Queensland, Australia. You and we both agree that the courts in the State of Queensland will have
non-exclusive jurisdiction.

16. OUR TRADE MARKS ARE REGISTERED
“Sunbird” and “Sunbird Consulting Services” and all related names, logos, product and service
names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You
must not use such marks without our prior written permission unless they are part of material you
are using as permitted under Clause 8. Other names, logos, product and service names, designs and
slogans on this Site are the trade marks of their respective owners and are used by us under licence.

17. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to
use the Site:
• in any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material without
our prior written consent, including any “junk mail”, “chain letter” or “spam” or any
other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or
any other person or entity (including, without limitation, by using email addresses or
screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of
the Site, or which, as determined by us, may harm us or users of the Site or expose them
to liability.
Additionally, you agree not to:
• use the Site in any manner that could disable, overburden, damage, or impair the Site or
interfere with any other party’s use of the Site, including their ability to engage in real
time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for
any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any
other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the
Site;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file,
program or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of
the Site, the server on which the Site is stored, or any server, computer or database
connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will
cooperate with those authorities by disclosing your identity to them. In the event of such a breach,
your right to use our Site will cease immediately.

18. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Site.
All such additional terms and conditions are incorporated by this reference into these terms.
Without limiting this, all purchases through our Site or other transactions for the supply of services
or information formed through the Site or as a result of visits made by you are governed by our
terms of supply (accessible by contacting enquiries@sunbirdconsulting.com.au), which are
incorporated into these terms of use.