Terms of use

Last updated 27 August 2026

Agreement to our legal terms

We are Charnwood Industries Pty Ltd (ABN 87 690 793 358) ('Company', 'we', 'us', or 'our'), a company registered in Australia and based in Perth, Western Australia.

These legal terms (the 'Legal Terms') govern charnwood.io and its subdomains, which are Charnwood's own website and the surfaces on which you create and use a Charnwood account (together, the 'Site'). The Site, together with any other related products and services that refer or link to the Legal Terms, is collectively the 'Services'.

You can contact us by email at enquiries@charnwood.io.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Charnwood Industries Pty Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents apply to your use of a particular part of the Services only where we present them to you before or at the time you use that part, and they apply only to that part. They do not change these Legal Terms except in the way the section headed 'Changes to these Legal Terms' below allows.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Changes to these Legal Terms

We may change these Legal Terms, and we may do so only for one or more of these reasons: to reflect a change to the Services or to the products, features, or content we offer; to reflect a change in the law, in a regulation or industry code that applies to us, or in a decision of a court, regulator, or other authority; to address a security, safety, technical, or legal risk; to correct an error, ambiguity, or inconsistency, or to make these Legal Terms clearer, where doing so does not reduce your rights or increase your obligations; or to reflect a reasonable change in how we operate our business. A change never applies to anything you have already done, or already paid for, before that change takes effect.

A change is material if it reduces your rights, increases your obligations, or materially changes the Services or what we do with your personal information. A change that is not material is minor, however substantial it is, and the list that follows gives examples of minor changes rather than the whole of them: correcting a typographical error, updating a link, a name, or a contact detail, reformatting, or clarifying wording without changing what it means.

We tell you about a material change, and you do not have to come looking for it. Before a material change takes effect we will publish a prominent notice on the Services and, where you hold an account with us, email you at the address on that account. The notice will say what is changing and when it takes effect, and the change will take effect no earlier than thirty (30) days after we give it. Where a change is required by law, or is needed to address a security or legal risk, it may take effect sooner, and the notice will say so and say why.

For a minor change we update the 'Last updated' date at the top of these Legal Terms. That date records every change we make, minor or material, so you can always tell when this document last moved. We do not ask you to monitor this page, and nothing you could learn only by monitoring it can reduce your rights or increase your obligations: a change that does either of those things is material, and it carries the notice described above.

If a material change does not suit you, you can leave. You may stop using the Services at any time before that change takes effect, and close any account you hold with us. If you have paid us for something under these Legal Terms and a material change takes effect during a period you have already paid for, you may end that arrangement without penalty and we will refund the unused part of what you paid. Nothing can be paid for through the Services today, so that last sentence has nothing to operate on yet; it is settled here in advance of the day it does.

If you keep using the Services after a change we have notified in the way this section requires has taken effect, you accept that change. A change we have not notified in the way this section requires does not bind you.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use the Services.

Accounts, and registrations of interest

The pages of the charnwood.io website carry no form. The forms the Services do provide are the ones through which you create and manage a Charnwood account, on subdomains of charnwood.io. We may also offer, from time to time, forms through which you can register your interest in one of our products or in another opportunity; where we do, this section applies to them as well. When you submit any of these forms, we use the details you provide, and any document you choose to upload, to create and operate your account, to respond to you, and to assess a possible opportunity or interest, as described in our Privacy Policy. Submitting a registration of interest places you under no obligation, and creates no engagement, retainer, offer of employment, or other agreement between you and us, unless and until a separate written agreement is signed. Section 24 below deals with the Charnwood Systems consultancy service, which these Legal Terms do not govern.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Australia and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'Prohibited activities' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: enquiries@charnwood.io. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'Prohibited activities' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our 'Prohibited activities' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
consent, in relation to each such Submission, to the acts described under 'Moral rights' below;
warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

Moral rights. Moral rights belong to the author personally. Under the Copyright Act 1968 (Cth) they cannot be assigned, and Australian law gives no way to waive them; what it gives instead is a written consent to acts that would otherwise infringe them, under section 195AWA of that Act. This paragraph is a consent of that kind, and it is not a waiver. Each time you send us a Submission you consent, freely and in relation to that Submission, to us and to anyone we authorise doing any of the following without identifying you as its author: reproducing it, communicating or publishing it, adapting or translating it, editing, abridging, or adding to it, and combining it with other material. Those acts are the whole of what you consent to. You do not consent to your authorship being falsely attributed to another person, and we do not ask you to. You may ask us to credit you as the author of a Submission at any time, and where it is reasonable to do so we will. Where the law of another country applies to a Submission, this consent has effect under that law so far as that law allows.

You are responsible for your Submissions. Where a Submission of yours breaches this section, a third party's intellectual property rights, or an applicable law, what you can be required to pay us is governed by section 20 and is limited as section 19 sets out. This section does not impose a separate or wider obligation to reimburse us.

3. User representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. Products

We may from time to time offer products or services through the Services. Where we do, what is offered is described on the page that offers it. We may add to what we offer, and we may change or discontinue any of it, in the way section 14 sets out. We may change a published price, and a change applies to purchases made after it takes effect; section 5 sets out how a price change works and what happens if a published price is wrong.

5. Purchases and payment

There is nothing you can buy through the Services today. This section applies if and when we offer a product or a subscription for purchase through them, so that the terms of a purchase are settled before there is one to make.

Where we do offer one, the page that offers it will state its price and the payment methods we accept at the time, and payment is taken through a payment provider's own checkout rather than by us collecting your card details. You agree to provide current, complete, and accurate purchase and account information, and to keep your account and payment details up to date, so that we can complete your transactions and contact you as needed. Prices are stated in AUD, and goods and services tax is added where it applies. We may change the prices we publish, and a change applies to purchases made after it takes effect: the price that applies to your purchase is the price shown to you when you place it. If a published price is obviously wrong, we may correct it, and where you have already paid at that price we will either supply at the price you paid or cancel the purchase and refund you in full. We will not charge you more than the price you were shown for something you have already paid for.

We may refuse or cancel a purchase, and limit the number of subscriptions or licences taken under a single account, where we reasonably believe that the information given to us is untrue, inaccurate, or incomplete, or that the purchase is fraudulent or in breach of these Legal Terms.

6. Refunds policy

This section applies if and when we offer a product or a subscription for purchase through the Services. Where we do, the cancellation and refund terms for it will be stated on the page that offers it or in the agreement for it, and those are the terms that apply to it.

Nothing in these Legal Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law, including any right you may have under it to a repair, replacement, refund, or cancellation. Any refund terms we publish operate subject to those rights. Section 19 sets out how our liability for a failure to comply with a consumer guarantee is limited, which section 64A of the Australian Consumer Law permits, and this section does not cancel that limit.

7. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

8. User generated contributions

The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. Contribution licence

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. Feedback of that kind is a Submission, not a Contribution. A Submission is something you send directly to us, and section 2 sets out the intellectual property position for it; a Contribution is content you create, post, upload, or otherwise make available on the Services, as section 8 describes. They are separate defined terms, and the rest of this section is about Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Your Contributions are yours: you are responsible for them and for the statements and representations in them, and we do not adopt or endorse them by making them available on the Services.

Our liability in connection with your Contributions is limited as section 19 sets out. This section does not exclude or limit that liability separately, and it does not ask you to give up any right of action.

10. Third-party websites and content

The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites are made on those websites and from those companies: such a purchase is a contract between you and that third party, and we are not a party to it. We do not endorse the products or services offered on Third-Party Websites.

Our liability in connection with Third-Party Websites and Third-Party Content is limited as section 19 sets out. This section does not exclude or limit that liability separately, and it does not ask you to give up any right of action.

11. Services management

We may, but need not: (1) monitor the Services for breaches of these Legal Terms; (2) take the legal action available to us against a person we reasonably consider has breached the law or these Legal Terms, including reporting them to law enforcement authorities; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions, where we reasonably consider that they breach these Legal Terms or the law, or where we are required to do so; (4) remove or disable files and content that are so large or so demanding of our systems that they affect the Services for others; and (5) otherwise manage the Services so that they work properly and so that our rights and property are protected.

Where we act on a Contribution of yours under this section and it is practicable to tell you, we will tell you what we have done and why. Our liability for anything we do under this section is limited as section 19 sets out, and this section does not exclude or limit it separately. There is no way to submit or post content through the Services today, so paragraphs (3) and (4) have nothing to operate on unless and until there is.

12. Privacy policy

We care about data privacy and security. Please review our Privacy Policy: charnwood.io/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are operated from Australia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the Services, you are transferring your data to Australia, and you expressly consent to have your data transferred to and processed in Australia.

13. Term and termination

These Legal Terms remain in full force and effect while you use the Services. You may stop using the Services, and close any account you hold with us, at any time and for any reason.

We may suspend or withdraw your access to the Services, in whole or in part, where we reasonably consider it necessary: because you have breached these Legal Terms or an applicable law; because your use is harming, or is likely to harm, the Services, our systems, or another person; because we reasonably suspect fraud or unauthorised access; or because we are required to act by law or by a court, regulator, or other authority. Where it is practicable to do so, we will tell you what we have done and why, and where the reason is one you can put right, we will give you a reasonable opportunity to put it right and will restore your access if you do.

If you think we have got that wrong, write to us at the address in section 25 and we will look at it again. Withdrawing the Services themselves, or a part of them, is dealt with in section 14 rather than here.

Where we have closed your account for one of the reasons above, we may decline to open a new one for you, whether in your own name, a borrowed or false name, or the name of a third party, and we may take the legal action available to us. Our liability in connection with a suspension or a closure is limited as section 19 sets out.

14. Modifications and interruptions

We may change, update, add to, or remove any part of the content of the Services where we reasonably consider it appropriate to operate, improve, protect, or correct them, to reflect a change to what we offer, or to comply with the law. We have no obligation to keep any particular page, feature, or piece of information available, and nothing in these Legal Terms obliges us to maintain or support the Services or to supply corrections, updates, or releases.

Withdrawing something you rely on is different, and we treat it differently. If we discontinue a paid product or subscription you hold, or permanently close an account surface you use, we will give you reasonable notice before we do, unless the law, or a security, safety, technical, or legal risk, requires us to act sooner. Where we discontinue something you have paid for before the period you paid for has ended, you may end that arrangement and we will refund the unused part of what you paid. Nothing can be paid for through the Services today, so that last sentence has nothing to operate on yet; it is settled here in advance of the day it does.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors, and we may suspend access while we deal with them. Our liability for any loss, damage, or inconvenience caused by a change to the Services, an interruption to them, or their discontinuance is limited as section 19 sets out, and this section does not exclude or limit it separately.

15. Governing law

These Legal Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, including the Corporations Act 2001 (Cth) and the Australian Consumer Law. Charnwood Industries Pty Ltd and yourself irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia to resolve any dispute which may arise in connection with these Legal Terms.

16. Dispute resolution

Talking first

If a dispute, controversy, or claim arises in connection with these Legal Terms or the Services (each a 'Dispute'), we would both rather resolve it quickly and cheaply than litigate it. Either of us may raise a Dispute by written notice to the other, and we each agree to try in good faith to resolve it by discussion, and to consider mediation in Perth, Western Australia with the mediator's costs shared equally, before starting proceedings.

That is something we both agree to attempt, and it is not a hurdle you have to clear. It is not a precondition to starting proceedings, it does not stop time running under any limitation period, and it does not prevent either of us from applying to a court at any time for urgent injunctive or other interlocutory relief, or from acting to protect or enforce intellectual property rights.

Where a Dispute is decided

A Dispute we do not resolve between us is decided by the courts, under section 15 above. These Legal Terms contain no arbitration clause, and nothing in them requires you to arbitrate.

Nothing in these Legal Terms prevents you from making a complaint to a regulator or an ombudsman, from bringing a claim in any court or tribunal that has jurisdiction over it, including a small claims or consumer tribunal, or from taking part in a representative or class proceeding. We do not ask you to give up any of those rights, and the costs of a forum are not used here to put a small claim out of reach.

17. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, and subject to any rights or guarantees that cannot be excluded under the Australian Consumer Law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

19. Limitations of liability

Nothing in these Legal Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) a party's obligation to pay an amount due; or (d) any liability that cannot lawfully be limited or excluded. That list is exhaustive, it does not limit or affect the Australian Consumer Law paragraphs below, and it does not itself impose liability on either of us.

Subject to the paragraph above, neither we nor our directors, employees, or agents will be liable to you or to any third party for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage, or for any loss of profits, revenue, business, data, goodwill, or anticipated savings, however arising, even if we have been advised of the possibility of such loss.

Subject to the first paragraph of this section, each party's maximum aggregate liability to the other under or in connection with these Legal Terms and the Services, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total amount paid or payable by you to us under these Legal Terms in the twelve (12) month period immediately before the first event giving rise to the claim. There is nothing you can pay us through the Services today, so that amount is nil unless and until we offer something you can buy through them.

Where the Australian Consumer Law or any other legislation implies a condition, warranty, or guarantee that cannot be excluded, our liability for a breach of that non-excludable condition, warranty, or guarantee is limited (at our option) to: (a) in respect of goods, other than a guarantee under section 51, 52, or 53 of the Australian Consumer Law, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in respect of services, the supply of the services again or the payment of the cost of having the services supplied again.

Nothing in these Legal Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited. That does not cancel the paragraph above it. Section 64A of the Australian Consumer Law expressly permits our liability for a failure to comply with a guarantee to be limited in the way that paragraph sets out, and it is limited in that way.

Neither of us may commence proceedings in respect of a claim under or in connection with these Legal Terms more than twelve (12) months after the date on which the party bringing it first became aware, or ought reasonably to have become aware, of the facts giving rise to the claim. This does not apply to a claim for an amount due, to any liability listed in the first paragraph of this section, or to any right or remedy conferred by the Australian Consumer Law.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by a third party and arising out of: (1) your use of the Services in breach of these Legal Terms or of an applicable law; (2) your breach of these Legal Terms; (3) any breach of the representations and warranties you give in these Legal Terms; or (4) your infringement of the rights of a third party, including intellectual property rights.

We give you the same undertaking. We agree to defend, indemnify, and hold you harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by a third party and arising out of our breach of these Legal Terms, or our infringement of the rights of a third party in operating the Services.

Whichever of us claims under this section will tell the other about the claim promptly after becoming aware of it. The party giving the indemnity may take over the conduct of the claim at its own cost, provided it conducts it in a way that does not prejudice the other and does not settle it on terms that impose an obligation on the other without that party's consent, and the other party will cooperate at the cost of the party conducting it. Neither of us has to indemnify the other to the extent the loss was caused by the other's own act or omission.

What either of us can be required to pay under this section is subject to the limits in section 19, in the same way and to the same extent in both directions.

21. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, and we perform regular routine backups of it. You are responsible for keeping your own copy of anything you send us that you would need again, and we recommend that you do.

Our liability for loss or corruption of that data is limited as section 19 sets out. This section does not exclude or limit that liability separately, and it does not ask you to give up any right of action.

22. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services, consistent with the Electronic Transactions Act 1999 (Cth). You may withdraw that consent for the future by writing to us at the address in section 25.

23. Miscellaneous

These Legal Terms, together with our Privacy Policy and any supplemental terms we have presented to you in the way the section headed 'Changes to these Legal Terms' allows, are the entire agreement and understanding between you and us about your use of the Services. Our failure to exercise or enforce any right or provision of these Legal Terms does not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. Neither of us is in breach of these Legal Terms because of a delay in performing, or a failure to perform, an obligation under them that is caused by something beyond that party's reasonable control, and that obligation is suspended for as long as the cause continues. Our liability for any such delay or failure is limited as section 19 sets out, and this section does not exclude or limit that liability separately. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

We may assign or transfer our rights and obligations under these Legal Terms to another entity, provided that doing so does not reduce your rights under them, and we remain responsible to you for performing anything we have assigned unless you agree otherwise. You may assign your rights under these Legal Terms with our consent, and we will not unreasonably withhold it.

24. Charnwood Systems consultancy services

Charnwood Industries Pty Ltd also provides systems consulting and software engineering services under the registered business name Charnwood Systems. That service is not offered on this Site and is not governed by these Legal Terms, which govern this Site alone. It has its own terms of use, published where the service is offered, and those are the terms that apply to it. This section is here so that you can tell the two apart rather than assume these Legal Terms cover that service.

The company you would be contracting with is the same either way. Charnwood Industries Pty Ltd is the single legal person behind the Charnwood brands, so your counterparty for a Charnwood Systems engagement is Charnwood Industries Pty Ltd, and 'Charnwood Systems' is a registered business name of that company rather than a separate company. An engagement is formed only under a separate written agreement (such as an action plan or statement of work) agreed between you and us; requesting a consultation places you under no obligation and creates no engagement or retainer by itself.

Nothing on this Site is an offer of the Charnwood Systems service, and this Site carries no form for requesting one.

25. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Charnwood Industries Pty Ltd
ABN 87 690 793 358
Perth, Western Australia
Australia
Email: enquiries@charnwood.io
Phone: +61 8 6385 1871

These are the contact details for every matter covered by these Legal Terms.