Acceptance of these Terms
These Terms apply to your use of this website and its content. By accessing or using the website, you acknowledge that you have read, understood and agreed to these Terms.
Where a particular product, service, software item, research activity, online purchase or engagement is subject to separate terms, licence conditions, a statement of work, contract or other agreement, those specific terms apply in addition to these Terms and prevail to the extent of any inconsistency.
Permitted use of the website
You may access and use this website for lawful personal, professional or business-information purposes. Unless otherwise stated, you may view, print or download reasonable extracts for internal, non-commercial reference provided that copyright, trade mark and proprietary notices are retained.
You may not reproduce, republish, distribute, modify, commercialise, create derivative works from, systematically extract, scrape or reuse substantial portions of GABEY content without prior written permission or another lawful basis.
Prohibited conduct
You must not use the website:
- for unlawful, fraudulent, deceptive, defamatory, abusive or malicious purposes;
- to interfere with, damage, disable, overload or disrupt the website or associated systems;
- to attempt unauthorised access to systems, accounts, data, administrative functions or security controls;
- to introduce malicious code, automated abuse, unauthorised scanning or other harmful activity;
- to impersonate another person or misrepresent your authority or affiliation;
- to circumvent technical, access, rate-limit, licensing or security restrictions; or
- in a manner that infringes intellectual property, privacy, confidentiality or other legal rights.
Intellectual property
Unless otherwise stated, the website and original material published by GABEY Consulting — including text, graphics, designs, research, methodologies, software-related material, visual assets, documentation and other content — are owned by GABEY Consulting Pty. Ltd. or used under licence.
No ownership right is transferred to you by your use of the website. All rights not expressly granted are reserved.
Software, downloads & digital materials
Software, tools, documents, datasets or other digital materials made available through the website may be subject to a separate licence agreement, end-user licence agreement, access condition or usage restriction.
You must read and comply with any applicable licence terms before installing, executing, copying, redistributing, modifying or otherwise using such material. Where no express licence is granted, no right to reproduce or redistribute software or protected digital material should be inferred.
User submissions & communications
Information submitted through enquiry forms, email or other communications will be handled in accordance with applicable privacy requirements and GABEY's Privacy Policy.
You should not submit trade secrets, highly sensitive information or confidential information through a general website enquiry form unless GABEY has expressly agreed to receive it through that channel.
Unlike GABEY's previous website terms, submission of material does not automatically give GABEY unrestricted commercial rights to confidential or proprietary information. Any rights necessary to use submitted material will depend on the purpose of the submission, applicable law and any specific agreement between the parties.
Online shop & purchases
Where GABEY operates an online shop, purchases may be subject to separate Online Terms of Sale, product-specific terms, service descriptions, licence terms, delivery conditions, warranty information and returns or refund conditions.
Placing an order does not necessarily mean that GABEY has accepted the order. Acceptance may occur when the order is confirmed, payment is accepted, goods are dispatched, services are scheduled or another acceptance event specified in the applicable sales terms occurs.
Nothing in these Terms excludes, restricts or modifies rights that cannot lawfully be excluded, including applicable consumer guarantees under the Australian Consumer Law.
Pricing, availability, delivery & fulfilment
Product descriptions, service descriptions, availability, delivery estimates and pricing may change. GABEY may correct errors, withdraw items, change specifications or refuse or cancel orders where permitted by law and the applicable Online Terms of Sale.
Delivery times are estimates unless expressly guaranteed. Separate delivery, fulfilment, returns, refund or cancellation conditions may apply to physical goods, digital goods, professional services and subscription services.
Third-party websites & services
This website may link to third-party websites, platforms, products, publications or services for convenience, reference or research purposes. GABEY does not control third-party resources and is not responsible for their content, security, availability, privacy practices or terms.
Use of third-party services is subject to the terms and policies of the relevant third party.
Linking to this website
You may create a fair and lawful link to publicly accessible GABEY website content provided that the link does not:
- replicate or frame GABEY content in a misleading manner;
- suggest sponsorship, endorsement, partnership or affiliation where none exists;
- misrepresent GABEY, its products, research or services;
- use a GABEY logo or trade mark without permission where permission is required; or
- otherwise infringe GABEY's rights or applicable law.
GABEY may request removal of a link where it reasonably considers the linking context misleading, unlawful or damaging to its rights or reputation.
Trade marks & branding
Trade marks, service marks, business names, product names, logos and trade dress appearing on this website remain the property of their respective owners.
GABEY-owned marks and branding may not be used in a manner that implies endorsement, affiliation, origin or authorisation without appropriate permission.
Website disclaimers
Website content is provided for general informational, educational, research and business-information purposes. Unless expressly stated otherwise, content is provided "as is" and "as available".
GABEY does not warrant that the website will always be available, uninterrupted, error-free, free from malicious interference, or that every item of information will remain current or complete.
Products and services are governed by the specific agreements under which they are supplied. Nothing on the website changes or overrides those agreements unless expressly stated.
Limitation of liability
To the maximum extent permitted by law, GABEY Consulting excludes liability for loss, damage, cost or expense arising from or in connection with access to, use of, reliance upon or inability to use this website or its content.
Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.
Cybersecurity, research & technical material
Cybersecurity material, demonstrations, research outputs and technical discussions are provided for legitimate informational, educational, defensive and research purposes.
You must not interpret publication of technical material as authorisation to access, test, interfere with or assess systems that you do not own or for which you do not have explicit authority.
A laboratory result, prototype or demonstrator applies to its stated evidence, scope and conditions and should not automatically be generalised to other systems or environments.
Privacy
Personal information collected through the website is handled in accordance with GABEY's published Privacy Policy and applicable privacy obligations.
Security-related logs, enquiry information, transaction information and other technical records may be collected or retained where reasonably necessary for website operation, security, fraud prevention, business administration, legal compliance or service delivery.
International access
GABEY operates from Australia. We do not represent that every product, service, publication or item of website content is appropriate, lawful, available or suitable in every jurisdiction.
If you access the website from outside Australia, you are responsible for complying with laws applicable to you, including any restrictions relating to technology, software, encryption, exports, imports or regulated products and services.
Changes to these Terms
GABEY may update these Terms from time to time to reflect changes to the website, business operations, online shop, technology, services or legal requirements.
The version published on this website with the most recent update date is the current version. Specific notices or contractual terms applying to particular products or services may supersede these general Terms to the extent expressly stated.
Governing law & jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia, subject to applicable Commonwealth legislation and any other laws that cannot lawfully be excluded.
Nothing in these Terms is intended to exclude statutory rights, jurisdictional protections or remedies that cannot lawfully be excluded.