The terms and conditions governing your use of Prime Murray Pty Ltd's website and professional services.
By accessing or using the website at primemurraypty.site, or by engaging Prime Murray Pty Ltd (ABN 97 695 438 316, ACN 695 438 316) ("we", "us", "our") to provide professional services, you ("you", "your") agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or engage our services.
You may use our Website for lawful purposes only. You must not use the Website in any way that:
The specific scope, deliverables, fees, and timelines for any Services will be set out in a separate engagement agreement or statement of work negotiated between the Company and the Client. These Terms of Service apply as a general framework governing the relationship, but do not themselves constitute an offer to provide specific Services.
We will perform our Services with due care, skill, and diligence, in accordance with applicable professional standards and any agreed scope of work. We will act in the best interests of the Client within the terms of the engagement.
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where the ACL applies, you are entitled to the guarantees it provides, including that our Services will be rendered with due care and skill and that any materials supplied in connection with those Services will be reasonably fit for the purpose for which they are supplied.
Where the Company provides Services to a business for the purpose of the business acquiring the Services (and the business does not acquire the Services as a consumer), the ACL guarantees may be modified or excluded in accordance with the applicable provisions of the ACL. Any such modification or exclusion will be set out in the relevant engagement agreement.
Fees for Services will be as agreed in the applicable engagement agreement. Unless otherwise specified:
To the maximum extent permitted by law, and subject always to any non-excludable guarantees under the Australian Consumer Law:
All intellectual property rights in the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, are the property of Prime Murray Pty Ltd or its licensors and are protected by Australian and international intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from the Website without our prior written consent.
Unless otherwise agreed in a specific engagement agreement, intellectual property created by the Company in the course of providing Services ("Deliverables") remains the property of the Company until full payment has been received. Upon full payment, the Company assigns to the Client such intellectual property rights in the Deliverables as are expressly set out in the engagement agreement.
Each party agrees to keep confidential all confidential information received from the other party in connection with the Services. Confidential information includes but is not limited to business plans, financial data, technical information, client lists, and any information designated as confidential by the disclosing party. This obligation survives the termination of any engagement for a period of two years.
Either party may terminate an engagement agreement by providing 30 days' written notice to the other party. The Company may terminate an engagement immediately by written notice if the Client:
Upon termination, the Client shall pay the Company for all Services rendered and expenses incurred up to the date of termination. Termination does not affect any rights or obligations that have accrued before the date of termination, including any limitation of liability provisions.
The Client indemnifies the Company against all claims, losses, damages, costs, and expenses (including legal costs on a solicitor-client basis) arising out of or in connection with the Client's use of the Services, the Client's breach of these Terms, or any negligent or unlawful act or omission by the Client.
If a dispute arises out of or in connection with these Terms or any engagement, the parties will first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within 30 days of a party providing written notice of the dispute, either party may initiate legal proceedings in accordance with the governing law clause below.
These Terms of Service are governed by and construed in accordance with the laws of the State of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia in relation to any dispute arising out of or in connection with these Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that comes as close as possible to the original intent of the parties.
The Company reserves the right to amend these Terms of Service at any time by publishing the updated terms on the Website. Continued use of the Website or Services after any such amendment constitutes acceptance of the revised terms. For existing engagements, material changes to these Terms will be communicated to the Client directly.
These Terms of Service, together with any applicable engagement agreement or statement of work, constitute the entire agreement between the parties in relation to their subject matter and supersede all prior agreements, representations, and understandings.
For any questions regarding these Terms of Service, please contact us:
Effective date: 1 January 2026