Disclaimer and Limitation of Liability

1. General Disclaimer

The information, content, and services provided on the BowerNest website and platform are provided for general informational purposes only. While BowerNest endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website, its content, or the services provided through it.

2. No Professional Advice

The content on the BowerNest platform does not constitute professional advice, including but not limited to legal, financial, employment, educational, or safety advice. Users should seek independent professional advice before making decisions based on information obtained through the platform.

3. No Guarantee of Outcomes

BowerNest does not guarantee any specific outcomes from the use of the platform, including but not limited to:

• securing an apprenticeship placement;
• finding a suitable apprentice or employee;
• completing a qualification or training program;
• achieving specific career outcomes; or
• the accuracy or reliability of employer or apprentice profiles.

4. Platform Availability

BowerNest does not warrant that the platform will be available at all times, uninterrupted, or free from errors, viruses, or other harmful components. We reserve the right to modify, suspend, or discontinue any part of the platform at any time without notice.

5. Third-Party Content and Links

The platform may contain links to third-party websites, content, or services that are not owned or controlled by BowerNest. We do not endorse, guarantee, or assume responsibility for any third-party content, products, or services. Your interactions with third parties are solely between you and the third party.

6. Australian Consumer Law

Nothing in this Disclaimer is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL"), or any equivalent State or Territory legislation, which cannot be excluded, restricted, or modified by agreement. If the ACL applies to you, BowerNest's liability for breach of a consumer guarantee is limited to (at BowerNest's election):

• the re-supply of the services; or
• the payment of the cost of having the services re-supplied.

7. Limitation of Liability

To the maximum extent permitted by law, BowerNest, its directors, officers, employees, agents, and affiliates shall not be liable for any:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, data, or business opportunities;
• personal injury or property damage arising from your use of the platform; or
• any damages arising from unauthorised access to or alteration of your data or transmissions.

In any event, BowerNest's total aggregate liability to you for all claims arising out of or relating to the use of the platform shall not exceed the greater of: (a) the total amount paid by you to BowerNest in the 12 months preceding the claim; or (b) AUD $100.

8. Force Majeure

BowerNest shall not be liable for any failure or delay in performing its obligations under these terms where such failure or delay results from circumstances beyond BowerNest's reasonable control, including but not limited to natural disasters, acts of government, pandemic, epidemic, war, terrorism, civil unrest, power failure, internet or telecommunications failure, or cyberattack.

9. Indemnification

You agree to indemnify, defend, and hold harmless BowerNest, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the platform;
• your breach of these terms or any applicable law;
• your violation of the rights of any third party; or
• any content you submit to the platform.

10. Severability

If any provision of this Disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.