About the Website

1. ​Welcome to https://sitali.com (Website). Sitali project management, mobilisation and bidding consulting services (Services).

2. The Website is operated by Sitali Pty Ltd (Sitali). Access to and use of the Website, or any of its associated Services, is provided by Sitali. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3. Sitali reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sitali updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sitali in the user interface.

Copyright and Intellectual Property

1. The Website and the Services of Sitali are subject to copyright.

2. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sitali or its contributors.

3. All trademarks, service marks and trade names are owned, registered and/or licensed by Sitali. Your access to the Website does not licence you use those marks in any commercial way without Sitali’s written permission. 

4. Sitali does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sitali.

5. Sitali retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

   1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or

   2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or

   3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

6. You may not, without the prior written permission of Sitali and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

​Prohibited Conduct

1. ​​You may use the Website for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Website, any content that is any of the following:

   1. is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Sitali in the its sole discretion;

   2. contains computer viruses, worms, moles or other contaminating or destructive elements;

   3. violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;

   4. contains any false or misleading statement;

   5. contains advertising; or

   6. otherwise violates any applicable criminal or civil law. You may not use the Website for any commercial purpose and may not distribute over the Website any solicitation of funds, goods and services. In addition, you may not use the Website to solicit subscribers to join other online information services that are competitive with the Site.

Privacy

1. Sitali takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Sitali’s Privacy Policy, which is available on the Website.

General Disclaimer

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

2. Subject to this clause, and to the extent permitted by law:

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

   2. Sitali will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sitali make any express or implied representation or warranty about the Services or any products or Services (including the Services of Sitali) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

   3. costs incurred as a result of you using the Website, the Services or any of the products of Sitali; and

   4. the Services or operation in respect to links which are provided for your convenience.

Limitation of liability

1. Sitali’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

2. You expressly understand and agree that Sitali, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

1. The Terms will continue to apply until terminated by either you or by Sitali as set out below.

2. Sitali may at any time, terminate the Terms with you if:

   1. you have breached any provision of the Terms or intend to breach any provision;

   2. Sitali is required to do so by law;

   3. the provision of the Services to you by Sitali is, in the opinion of Sitali, no longer commercially viable.

3. Subject to local applicable laws, Sitali reserves the right to discontinue or cancel, suspend at any time, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sitali’s name or reputation or violates the rights of those of another party.

Indemnity

1. You agree to indemnify Sitali, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

   2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or 

   3. any breach of the Terms.

Dispute Resolution

1. Compulsory:

   1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice:

   1. A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution:

   1. On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

      1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

      2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the NSW Fair Trading or his or her nominee;

      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

      4. The mediation will be held in Sydney, New South Wales, Australia.

4. Confidential:

   1. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

5. Termination of Mediation:

   1. If 30 Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Jurisdiction

1. The Services offered by Sitali is intended for residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

1. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

​Independent Legal Advice

1. ​Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Website Disclaimer

1. When you are visiting this Website (www.sitali.com) you accept the terms of the Website Terms of Use, Disclaimer, Privacy Policy and other policies by remaining on the website. Do not use this Website if you think that any of the following disclaimers are unreasonable.

2. All care is taken in the preparation of the information and published materials on this site. Sitali does not make any representations or give any warranties about its accuracy, reliability, completeness, or suitability for any particular purpose. To the extent permissible by law, Sitali will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

3. No liability for any errors or omissions. The information on the Website does not constitute legal, professional or commercial advice. While every care has been taken to ensure that the content is useful and accurate, Sitali gives no guarantees, undertakings or warranties in this regard, and does not accept any legal liability or responsibility for the content or the accuracy of the information so provided, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. Any errors or omissions brought to the attention of Sitali will be corrected as soon as possible. The information in this website may contain technical inaccuracies and typographical errors. The information in this website may be updated from time to time and may at times be out of date. Sitali accepts no responsibility for keeping the information in this website up to date or any liability whatsoever for any failure to do so.

4. Material on this website does not constitute legal and/or professional advice. Any views, opinions, and guidance set out in this website are provided for information purposes only, and do not purport to be legal and/or professional advice or a definitive interpretation of any law. Anyone contemplating action in respect of matters set out in this website should obtain advice from one of our suitably qualified professional advisors based on their unique requirements.

5. No Warranty or Endorsement. Reference in this website to any specific commercial products, process or service by trademark, trade name, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favouring by Sitali. The views and opinions of authors expressed herein do not necessarily state or reflect those of Sitali and shall not be used for advertising or product endorsement purposes.

6. No responsibility for other websites. When you access other external websites through a link from the Sitali website, please note that Sitali has no control over the content on external websites. The links to external websites are provided as a matter of convenience only, and should not be taken as an endorsement by Sitali of the contents or practices of those external websites, for which Sitali assumes no responsibility or liability.

7. Third Party Company and Products. Sitali does not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites. Any reference or mention to third party companies and/or products on the website of Sitali, is for purely informational purposes only. This information does not constitute either an endorsement or a recommendation. Unless clearly stated otherwise, all third-party products and/or services must be ordered directly from the vendor and all licenses and warranties take place between you and the vendor. Sitali accepts no liability whatsoever for the use or misuse of any third-party companies and their products and/or services. This site may contain hypertext links, frames or other references to other parties and their websites. Sitali cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. Sitali does not necessarily approve of, endorse, or sponsor any content or material on such sites. Sitali makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

8. Licence to use this site. Material on this site, including text and images, is protected by copyright law and is copyrighted by Sitali unless otherwise copyrighted and/or owned. No material on this site may be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any way except for your own personal, non-commercial use. No part of this site may be distributed or copied for any commercial purpose or financial gain. All intellectual property rights in relation to this site are reserved and owned by Sitali, unless otherwise reserved and owned.

9. If you have any concerns regarding the content of the Website, please contact us at hello@sitali.com .