Terms and Conditions of Use
- Acceptance of Terms and Conditions
By using the Site you acknowledge and agree that you have been asked to read the Terms and that you agree to be bound by them. If you do not agree to the Terms, you must refrain from using the Site.
- Amendments to Terms and Conditions
We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on the Site, without further notice to you. Your continued use of the Site following such notification will represent an agreement by you to be bound by the Terms as amended.
- Licence to use Site
3.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms set out in this Agreement.
3.2 You must not use the Site in any manner:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that would bring us, or the Site, into disrepute;
(v) that infringes the intellectual property or other rights of any person;
(vi) that is not for your personal and non-commercial use;
(vii) that promotes any other business which provides a website or service that is the same or substantially similar to the Site; or
(viii) causes or induces other users of the Site to use another website or service that is the same or substantially similar to the Site.
3.3 You may hold material from the Site in your computers cache or have a single permanent copy for your personal use but you must not without the prior written approval of us:
(i) alter, transmit, perform, display, reproduce, distribute, license or publish any material;
(ii) frame or mirror the site or embed material from the Site;
(iii) use or attempt to use any material published on the Site for purposes relating to another web site, publication or searchable database;
(iv) use any process, automated or otherwise, to query, scape, retrieve, data-mine or copy any material on the Site or formulate any document, index or database on the material published on the Site;
(v) transfer or sell any products, services, information or features offered on the Site;
(vi) undertake any other action which is in breach of the Terms or the terms contained in other policies.
3.4 You acknowledge and agree that:
(i) there are certain areas of the Site including our Case Management Service that are inaccessible unless we have accepted and admitted you as Registered Member of our Association;
(ii) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion;
(iii) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
(iv) whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated; and
(v) the Site may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
- Intellectual Property Rights
4.1 All information, text, materials, graphics and software on the Site are copyright unless otherwise indicated.
4.2 Nothing in these Terms constitutes a transfer of any Intellectual Property Rights including all copyright, patents, trade marks, design rights, moral rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
4.3 You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights in the Site.
4.4 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- Goods and Services Provided by Third Parties
5.1 To the extent that any goods and Services are offered on the Site by third parties:
(i) you are responsible for making all relevant searches, enquiries and investigations for any goods and services;
(ii) we do not act as any persons agent or broker; arrange any contract between you and any person; or provide any warranty in relation to any persons goods and services including but not limited to any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended or safe for the purpose intended; and
(iii) we will not be responsible for the terms of any transaction between you and any person, any goods and services purchased by you from any person or; resolve any dispute between you and any other person.
6.1 To the full extent permitted by law, we (including our officers, members, related entities as defined pursuant to section 50 of the Corporations Act 2001 (CTH), employees, agents, contractors or other third parties associated with operating the Site) disclaim all liability and responsibility for any loss or damages arising from a user’s use of the Site in any way whatsoever, including, but not limited to, any loss or damage arising from any tortious act, omission, negligence, breach of contract or breach of statutory duty.
6.2 To the full extent permitted by law, you agree to release, indemnify and hold us harmless (including our officers, members, related entities as defined pursuant to section 50 of the Corporations Act 2001 (CTH), employees, agents, contractors or other third parties associated with operating the Site) from all damages, actions, suits, causes of actions, claims, costs and demands whatsoever and wheresoever arising out of or relating to your use of the Site. This includes your agreement to indemnify us (including our directors, officers, shareholders, employees, agents, contractors or other third parties associated with running the Site) from any claim made against it from a third party arising from your use of the Site.
6.3 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in the Terms.
6.4 The Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
7.1 The Terms terminate automatically if, for any reason, we cease to operate the Site;
7.2 We may otherwise terminate the Terms immediately, on notice to you, if you have breached the Terms in any way.
- Force Majeure
We will not be liable for the consequences of any circumstance reasonably beyond our control which affects our obligations under this Agreement.
- Governing Law
This agreement shall be governed by the laws of the State of South Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
A provision of these terms and conditions that is illegal, invalid or unenforceable in a jurisdiction is ineffective in that jurisdiction to the extent of the illegality, invalidity or unenforceability. This does not affect the validity or unenforceability of that provision in any other jurisdiction, nor the remainder of this document in any jurisdiction.
You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms without our prior written consent.
Unless the context requires otherwise
(a) a reference to a person includes a corporation or any other legal entity;
(b) the singular includes the plural and vice versa;
(c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
(d) the term “includes” (or any similar term) means “includes without limitation”; and
(e) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.