Effective Date: January 2025

General Service Disclaimers

1. Services provided by Luke McFarland Consulting are based on the scope agreed upon in the client engagement contract and do not extend beyond the outlined deliverables.
2. The client acknowledges that the effectiveness of services from Luke McFarland Consulting depends on the accuracy and completeness of the information provided.
3. All strategies, frameworks, and recommendations from Luke McFarland Consulting are subject to ongoing review and updates as per industry standards.
4. While every effort is made to provide accurate advice, the client is responsible for independently verifying its applicability to their situation.
5. Services provided by Luke McFarland Consulting are on an "as-is" basis, with no guarantee of specific results unless explicitly stated in the engagement agreement.

Legal and Compliance Disclaimers

1. All services provided by Luke McFarland Consulting comply with the Australian Privacy Act 1988 and GDPR requirements where applicable.
2. Recommendations and deliverables are developed by Luke McFarland Consulting based on the assumption of compliance with relevant laws and regulations by the client.
3. Data shared during the engagement with Luke McFarland Consulting will be managed in line with applicable data protection laws.
4. The client is responsible for obtaining all necessary legal, regulatory, and compliance approvals.
5. Luke McFarland Consulting does not provide legal advice; clients are advised to consult legal counsel for compliance matters.

Privacy and Data Protection

1. Personal information collected during engagements with Luke McFarland Consulting will be handled in accordance with the Australian Privacy Principles (APPs).
2. Data shared by the client will not be disclosed to third parties by Luke McFarland Consulting without prior consent, except where required by law.
3. Information security measures are implemented by Luke McFarland Consulting to protect client data but are not guaranteed against all potential threats.
4. Any breaches of data confidentiality identified by Luke McFarland Consulting must be reported to the client within the legally stipulated timeframe.
5. The client is responsible for ensuring their data sharing with Luke McFarland Consulting complies with applicable laws and standards.

Limitation of Liability

1. The liability of Luke McFarland Consulting for any damages resulting from the use of services is limited to the total fees paid for the engagement.
2. Luke McFarland Consulting is not liable for indirect, incidental, or consequential damages arising from the use of services.
3. The client accepts responsibility for decisions made based on advice provided by Luke McFarland Consulting.
4. Liability exclusions apply except where prohibited by law, including Australian Consumer Law.
5. Services by Luke McFarland Consulting do not include indemnification for third-party claims unless expressly stated.

Intellectual Property

1. All materials and frameworks developed by Luke McFarland Consulting remain its intellectual property unless transferred by agreement.
2. The client is granted a non-exclusive license by Luke McFarland Consulting to use deliverables for the intended purposes only.
3. Unauthorized distribution or reproduction of deliverables provided by Luke McFarland Consulting is prohibited.
4. All intellectual property disputes involving Luke McFarland Consulting are governed by Australian law.
5. Any third-party intellectual property used will be duly acknowledged by Luke McFarland Consulting, and the client must ensure compliance with related licenses.

Service Delivery and Performance

1. Service timelines provided by Luke McFarland Consulting are estimates and subject to change based on project complexity or unforeseen circumstances.
2. Force majeure events may impact service delivery by Luke McFarland Consulting and release associated obligations.
3. The client must ensure all necessary resources are available to facilitate the delivery of services by Luke McFarland Consulting.
4. Feedback and revisions must be provided within agreed timelines to avoid project delays.
5. Deliverables are based on the information provided at the time of engagement and may require adjustments for accuracy.

Cybersecurity and IT Services

1. Recommendations for IT infrastructure provided by Luke McFarland Consulting are based on current standards but may require future updates.
2. Cybersecurity services by Luke McFarland Consulting are aimed at mitigating risks but cannot guarantee immunity from all cyber threats.
3. Implementation of recommendations is the client's responsibility unless explicitly included in the engagement with Luke McFarland Consulting.
4. Vulnerability assessments and audits conducted by Luke McFarland Consulting are limited to the scope agreed upon in the contract.
5. Luke McFarland Consulting disclaims responsibility for any existing or undisclosed vulnerabilities.

Training and Consultancy

1. Training sessions provided by Luke McFarland Consulting are designed to provide guidance and are not a substitute for professional certification or accreditation.
2. Consultancy services by Luke McFarland Consulting are advisory in nature; final decisions and implementations are the client’s responsibility.
3. Results of strategy implementation depend on external factors beyond the control of Luke McFarland Consulting.
4. Luke McFarland Consulting does not guarantee financial outcomes from recommendations or strategies.
5. Feedback on training materials is encouraged but does not obligate Luke McFarland Consulting to make all suggested changes.

Consumer Protection

1. Services by Luke McFarland Consulting comply with Australian Consumer Law, ensuring accuracy, quality, and fairness.
2. Refunds and remedies are available for major failures, as defined under Australian Consumer Law.
3. Misrepresentation of service capabilities by Luke McFarland Consulting is avoided, and all terms are communicated transparently.
4. The client must notify Luke McFarland Consulting of any dissatisfaction within a reasonable timeframe.
5. Any disputes with Luke McFarland Consulting are subject to resolution under Australian Consumer Law guidelines.

Engagement and Termination

1. Engagement terms with Luke McFarland Consulting may be terminated by either party with appropriate notice as per the agreed contract.
2. Unused pre-paid services from Luke McFarland Consulting are non-refundable unless otherwise stated in the agreement.
3. All materials provided by Luke McFarland Consulting at the end of the engagement must be returned or securely destroyed.
4. Any post-termination obligations, including confidentiality, remain enforceable with Luke McFarland Consulting.
5. Disputes arising from engagements with Luke McFarland Consulting are subject to Australian jurisdiction and laws.