Liability Disclaimer

Important Notice

This disclaimer should be read in conjunction with our Terms of Service. By using the services of Andrew Roberts Advisory, you acknowledge and agree to the limitations and disclaimers set out below.

1. General Disclaimer

The information and services provided by Andrew Roberts Advisory are intended for general guidance purposes only and do not constitute legal, regulatory, or financial advice. While we strive for accuracy and currency, governance and regulatory requirements are complex and subject to change.

2. Professional Advisory Services

Our advisory services are provided on a professional consulting basis. We provide independent assessment, frameworks, and recommendations, but:

• Implementation decisions remain solely with the client organisation
• We do not guarantee specific outcomes or results
• Advice is based on information provided by the client at the time
• Regulatory and compliance landscapes evolve continuously
• Recommendations should be reviewed with legal and financial advisors

3. Not Legal or Regulatory Advice

Andrew Roberts Advisory does not provide legal advice or regulatory compliance certifications. Our governance advisory services are complementary to, not a substitute for:

• Legal counsel from qualified lawyers
• Regulatory compliance advice from registered professionals
• Financial or accounting services from licensed practitioners
• Technical cybersecurity audit and penetration testing
• Information security certifications (ISO 27001, SOC 2, etc.)

Clients should seek appropriate professional advice for specific legal, regulatory, and technical matters.

4. Website Content Disclaimer

Content on our website, including articles, resources, and frameworks, is provided for general information only. This content:

• Does not constitute advice for specific situations
• May not reflect the most current legal or regulatory developments
• Should not be relied upon without seeking professional guidance
• May contain links to third-party content for which we are not responsible

5. Limitation of Liability for Services

To the maximum extent permitted by Australian law:

• Our total liability for any engagement is limited to the fees paid for that specific engagement
• We are not liable for indirect, consequential, special, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for third-party acts, omissions, or breaches
• We are not liable for client decisions or implementation failures

6. Third-Party Links and Resources

Our website and materials may reference or link to third-party resources, including:

• Regulatory authority websites and guidance
• Industry framework documentation
• Professional body resources
• External publications and research

We do not endorse, control, or accept responsibility for third-party content. Users access external links at their own risk.

7. No Warranty

Our services and website content are provided "as is" without warranties of any kind, whether express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, completeness, or currency
• Warranties that services will be uninterrupted or error-free
• Warranties regarding specific outcomes or results

8. Client Responsibility

Clients remain solely responsible for:

• Compliance with all applicable laws and regulations
• Accuracy and completeness of information provided to us
• Implementation decisions and associated risks
• Testing and validating any recommendations before implementation
• Obtaining appropriate approvals from boards, management, and regulators
• Maintaining adequate insurance and risk management programs

9. Regulatory and Framework Evolution

Cyber and AI governance regulations, standards, and best practices evolve rapidly. Guidance and frameworks that are current at the time of engagement may require updates as:

• New legislation and regulations are enacted
• Regulatory guidance and expectations change
• Industry standards are updated
• Technology and threat landscapes evolve
• Court decisions and precedents are established

Clients should implement processes for ongoing monitoring and adaptation.

10. Board and Director Accountability

Our advisory services support board governance processes but do not replace board oversight responsibilities. Directors and officers remain personally accountable under applicable corporate and regulatory requirements, including:

• Corporations Act 2001 (Cth) director duties
• Privacy Act 1988 (Cth) and notifiable data breach obligations
• Security of Critical Infrastructure Act 2018 (Cth)
• Prudential standards (for regulated entities)
• Continuous disclosure and ASX Corporate Governance Principles

11. Force Majeure

We are not liable for failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, cyber incidents, government actions, or telecommunications failures.

12. Australian Consumer Law

To the extent our services are supplied to consumers (as defined in the Australian Consumer Law), nothing in this disclaimer excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified.

Where our liability cannot be excluded but can be limited, our liability is limited to (at our option):

• Supplying the services again; or
• Paying the cost of having the services supplied again

13. Indemnification

Clients agree to indemnify and hold harmless Andrew Roberts Advisory from claims, damages, and expenses arising from:

• Client's breach of engagement terms
• Inaccurate or incomplete information provided by client
• Client's implementation decisions and actions
• Third-party claims related to client's use of our services

14. Professional Indemnity Insurance

Andrew Roberts Advisory maintains professional indemnity insurance appropriate to the nature and scale of our advisory services.

15. Jurisdiction

This disclaimer is governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the Victorian courts, except where prohibited by law.