These terms govern your use of this website. By using the site you accept them. If you do not accept them, please do not use the site.
This website is operated by Fucharmonk.
A note on the square brackets below. Text in square brackets is a detail the business must confirm before this page is complete. It is marked rather than guessed, because a plausible invented detail on a page like this is worse than a visible gap.
These terms are about the website, not about an engagement
Nothing on this site is an offer capable of acceptance, and submitting an enquiry does not create a contract for services. If you engage us, that work is governed by a separate written agreement: scope, fees, timelines, deliverables, ownership of the work produced, confidentiality and termination all belong there rather than here. Where that agreement and these terms differ about the engagement, that agreement governs.
Acceptable use
Use the site lawfully and in the way it was plainly intended. In particular:
Do not attempt to reach anything you have not been given access to, including the administration area, any account, or any part of the underlying system.
Do not interfere with the site's operation. That covers flooding the enquiry form by automated means, retrieving pages at a rate that degrades the service for others, and probing for weaknesses.
Do not submit an enquiry in somebody else's name, or with contact details that are not yours to give.
Do not harvest addresses published here for a mailing list. They are published so that clients and colleagues can reach us. Using them for unsolicited commercial messages breaches these terms and, separately, the Spam Act 2003 (Cth).
Do not republish the site's content as your own. See the section on content below.
The enquiry form carries an anti-automation field and server-side rate limits. Submissions that trip either are discarded without notice.
What you tell us in an enquiry
When you submit an enquiry you confirm that the details are accurate so far as you know, and that you are entitled to give us any personal information about another person that you include. What happens to that information afterwards is set out in our privacy policy.
The content on this site
The text, structure, layout, design, graphics and compilation of this site, together with the Fucharmonk name and marks, are owned by us or used with permission, and are protected by copyright and other laws.
You may read the site, print or save pages for your own use, and quote from it — including in professional work — provided the quote is attributed to Fucharmonk and links to the page it came from. What you may not do without our written permission is republish a substantial part of it, present it as your own, or reproduce it in a competing publication or service.
Where we publish another party's material, such as a quotation or a mark used with permission, that material remains theirs and the permission above does not extend to it.
General information, not advice
Everything published here, including the articles that describe Australian regulation, is general information. It is not legal, financial, tax, planning or other professional advice, it is not tailored to your practice, and it is no substitute for advice from someone who knows your circumstances. Our disclaimer sets out the limits in detail, including the fact that we do not guarantee search or advertising outcomes.
Links to other sites
This site links to other websites — regulators, standards bodies, platform documentation — because naming a source is more useful to you than paraphrasing it. We do not control those sites, we are not responsible for their content, availability or privacy practices, and a link is not an endorsement.
Availability and changes to the site
We may change, move or withdraw any part of this site at any time, and we do not promise it will always be available or free from error. Content that describes an Act, a scheme or a platform's rules was accurate as we understood it when it was written, and those things change.
Liability
Read this section together with the next one. It does not do what an exclusion clause usually tries to do.
To the extent the law allows, we are not liable for loss or damage arising from your use of this website, from the site being unavailable, or from reliance on general information published on it — including indirect or consequential loss, loss of profits, loss of a business opportunity, or loss of data.
Your rights under the Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right, warranty or remedy you have under the Australian Consumer Law — Schedule 2 to the Competition and Consumer Act 2010 (Cth) — or under any other law, where doing so would be unlawful. Any part of these terms that would have that effect does not apply to that extent.
Where the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee to be limited, and the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited at our option to supplying the services again or paying the cost of having them supplied again.
The reason this is written narrowly rather than broadly: a term that purports to sign away consumer guarantees is not merely unenforceable. Representing to a consumer that they do not have those rights is itself conduct the Australian Consumer Law prohibits, so an overreaching exclusion clause creates the exposure it was meant to prevent.
Changes to these terms
We may update these terms. The date of the current version appears at the top of this page. Continuing to use the site after a change means you accept the updated terms.
Governing law
These terms are governed by the laws of New South Wales and of the Commonwealth of Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales.
That is not intended to make anything harder for you. If you live or carry on business in another state or territory, nothing here affects your right to bring a claim, or to use a tribunal or a remedy, there.
Contact
Questions about these terms can go to contact@fucharmonk.com or through our contact page.