Website Terms

1. Acceptance of these terms

These terms govern your use of the website at benchmarkadvisory.au (Website), operated by Benchmark Performance Advisory (BPA, we, us or our), ACN 625 637 023. By accessing or using the Website, you agree to these terms. If you do not agree, please do not use the Website.

We may update these terms from time to time by publishing a revised version on the Website. Continued use after publication constitutes acceptance of the revised terms.

2. General information only

The Website provides general information about BPA and our advisory capabilities. Content is not professional, legal, financial, governance or other advice and should not be relied on as a substitute for advice tailored to your circumstances.

While we aim to keep content useful and current, we do not promise that it is complete, accurate, current or suitable for a particular purpose. You should make your own assessment and obtain appropriate professional advice before acting.

3. Advisory engagements

Any advisory services will be governed by a separate written proposal, engagement letter or agreement. If these Website Terms conflict with an executed client agreement concerning our services, the client agreement will apply to the extent of the conflict.

Submitting a contact form does not oblige either party to proceed with an engagement. We may accept or decline an enquiry at our discretion.

4. Acceptable use

You must not:

• use the Website unlawfully, fraudulently or in a way that infringes another person's rights;
• introduce malicious code, interfere with security, or attempt unauthorised access to the Website or related systems;
• scrape, harvest or systematically extract Website content or personal information without permission;
• misrepresent your identity or affiliation when contacting us; or
• use Website material to mislead others or imply BPA endorsement without written consent.

We may restrict or suspend access where we reasonably believe these terms have been breached or the Website or others may be at risk.

5. Intellectual property

Unless stated otherwise, BPA owns or licenses the Website and its content, including text, graphics, branding, layouts and downloadable materials. Australian and international intellectual property laws protect this material.

You may view and print reasonable extracts for personal, internal and non-commercial reference. You must not reproduce, modify, distribute, publish, sell, commercially exploit or create derivative works from Website content without our prior written permission, except where permitted by law.

Third-party names, logos and trade marks remain the property of their respective owners.

6. Third-party websites

The Website may contain links to external websites for convenience. We do not control or endorse those websites and are not responsible for their content, availability, security or privacy practices. Accessing third-party websites is at your own risk and subject to their terms.

7. Disclaimers and limitation of liability

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law, the Website and its content are provided “as is” and “as available”. We exclude warranties that may otherwise be implied and are not liable for loss arising from your reliance on Website content, inability to access the Website, malicious code, external links, or unauthorised access beyond our reasonable control.

Where our liability cannot be excluded but can lawfully be limited, it is limited to the maximum extent permitted by law. This clause does not limit liability where doing so would be unlawful.

8. Indemnity

To the extent permitted by law, you indemnify BPA and its personnel against loss, liability, damage and reasonable costs arising directly from your unlawful use of the Website, your material breach of these terms, or your infringement of another person's rights. Your liability under this clause will be reduced to the extent that our acts or omissions contributed to the loss.

9. Privacy

Our Privacy Policy explains how we handle personal information collected through the Website and in our business activities.

10. Availability and changes

We may change, suspend or discontinue any part of the Website without notice. We do not guarantee uninterrupted, error-free or secure access. You are responsible for maintaining your own systems, security and backups.

11. Governing law

These terms are governed by the laws of the Australian state or territory in which BPA's principal place of business is located. You and BPA submit to the non-exclusive jurisdiction of the courts of that place and courts entitled to hear appeals from them.

If any provision is invalid or unenforceable, it will be read down where possible and otherwise severed without affecting the remaining provisions. A failure to enforce a right is not a waiver of that right.

12. Contact