Website Terms and Conditions

Welcome to the website of McGregor Gourlay Pty Ltd (“McGregor Gourlay”). These terms and conditions govern your use of the website (the “Website”). By using the Website, you agree to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website.

1. Introduction
1.1. The Website is owned and operated by McGregor Gourlay Pty Ltd, ABN 80 619 661 988.
1.2. These terms and conditions constitute a legal agreement between you and McGregor Gourlay.
1.3. By accessing or using the Website, you agree to be bound by these terms and conditions.
1.4. If you do not agree to be bound by these terms and conditions, you may not use or access the Website.

2. Intellectual Property Rights
2.1. The content and materials on the Website, including but not limited to text, graphics, logos, images, software, and audio clips (the “Content”), are owned or licensed by McGregor Gourlay and are protected by applicable copyright, trademark, and other intellectual property laws.
2.2. You may view and download the Content for your personal, non-commercial use only. You may not modify, reproduce, distribute, display, perform, or otherwise use the Content in any other way without the express written permission of McGregor Gourlay.
2.3. You may not use any of McGregor Gourlay’s trademarks or service marks without the prior written consent of McGregor Gourlay.

3. User Content
3.1. The Website may allow you to post or upload content, such as comments or reviews (the “User Content”).
3.2. By posting or uploading User Content to the Website, you grant McGregor Gourlay a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
3.3. You represent and warrant that you have all rights necessary to post or upload the User Content to the Website and that the User Content does not infringe any intellectual property rights, privacy rights, or other rights of any third party.
3.4. McGregor Gourlay reserves the right to remove any User Content from the Website at any time, for any reason, without notice to you.

4. Disclaimer
4.1. The Website is provided on an “as is” and “as available” basis, without any representation or warranty of any kind, whether express or implied.
4.2. McGregor Gourlay does not warrant that the Website will be error-free, uninterrupted, or free from viruses or other harmful components.
4.3. McGregor Gourlay makes no representation or warranty regarding the accuracy, reliability, completeness, or timeliness of any information or Content on the Website.
4.4. McGregor Gourlay is not responsible for any loss or damage arising from your reliance on any information or Content on the Website.

5. Limitation of Liability
5.1. To the maximum extent permitted by law, McGregor Gourlay will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website, or from any content or services obtained through the Website, even if McGregor Gourlay has been advised of the possibility of such damages.
5.2. In no event shall McGregor Gourlay’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Website.

6. Indemnification
6.1. You agree to indemnify, defend, and hold harmless McGregor Gourlay, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising out of or relating to your use or misuse of the Website or any violation of these terms and conditions.

7. Governing Law and Jurisdiction
7.1. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law.
7.2. Any dispute arising out of or in connection with these terms and conditions or the use of the Website shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

8. Modifications
8.1. McGregor Gourlay reserves the right to modify these terms and conditions at any time, without notice to you.
8.2. Your continued use of the Website following any such modification constitutes your agreement to be bound by the modified terms and conditions.

9. Termination
9.1. McGregor Gourlay may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.
9.2. All provisions of these terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Miscellaneous
10.1. These terms and conditions constitute the entire agreement between you and McGregor Gourlay regarding the use of the Website.
10.2. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.3. The failure of McGregor Gourlay to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.
10.4. You may not assign or transfer these terms and conditions or any rights hereunder, and any attempt to do so is void.
10.5. McGregor Gourlay may assign these terms and conditions without restriction.