Overview
Introduction
Set out below are the terms and conditions on which you agree to engage in the activities of the Website including:
(a) contributing Material to the Website;
(b) using any other features of the Website.
By participating in the activities of the Website, you accept these terms and conditions.
You acknowledge that these terms and conditions constitute a legally enforceable contract between Adam Law and you in relation to your use of the Website.
If you do not accept these terms and conditions, you must not participate in the activities of the Website.
1. The following words and phrases have the meanings given to them:
(a) Website means the website having the domain name www.adamlaw.com.au or such other domain names as may be advised by Adam Law in the future.
(b) you means the person who is using the Website under these terms and conditions.
(c) Copyright Act means the Australian Copyright Act 1968 (Cth).
(d) Material means any material posted by you on the Website including any chat, testimonial, comment, written material, or any other subject matter posted by you on the Website.
2. Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.
Activities
3.On agreeing to engage in the activities of the Website , you warrant and represent that:
(a) The information you provide to Adam Law is true, complete, accurate and up to date.
(b) You are at least 18 years old.
4. You must not:
(a) Register in activities if you are less than 18 years old.
(b) Allow any other person to use your name.
(c) Divulge registration information to any other person.
5. You must immediately notify Adam Law of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and you indemnify Adam Law for any loss or damage suffered as a result of such Material.
6. Adam Law may at any time terminate or suspend access to the Website at his absolute discretion.
Copyright
7. You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.
8. You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright.
9. Without limiting the above, you must not (except where expressly permitted by these terms and conditions):
(a) Copy or publish any content or work or other subject matter contributed by any other person.
(b) Download any content or work or other subject matter.
(c) Send a copy of any content or work or other subject matter to any other person.
(d) Communicate any content or work or other subject matter contributed by any other person.
(e) Sell, let or hire, or offer for sale, let or hire, or distribute any article which is an infringing copy of any content or work or other subject matter contributed by any other person.
9. By placing Material on the Website, you grant a licence to other users to store and display your Material on the user’s computer and to make a single hard copy for the user’s own personal use.
10. In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person. You must not contribute Material which will result in an infringement of copyright or other intellectual property rights.
11. You warrant and represent to Adam Law that:
(a) Subject to (c) below, you are the sole owner of copyright in all Material posted on the Website.
(b) Subject to (c) below, you are the sole author of all Material posted on the Website.
(c) Where the Material is a work of joint authorship or there are joint owners of copyright, you are a joint author and/or joint owner of copyright and all other joint authors and joint owners of copyright have agreed to you making the Material available on the Website;
(d) The making of any Material and its inclusion on the Website will not infringe the copyright or other intellectual property rights of any other person.
(e) You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the making of the Material or its inclusion on the Website.
(f) You have not entered into any agreement with any other person which is inconsistent with these terms and conditions.
(g) Subject to (h), you are entitled to be named as the author of any Material and you being named as author will not infringe the moral rights or any other rights of any other person.
(h) Where the Material is a work of joint authorship, you are entitled to be named as a joint author of the Material and you have identified all other joint authors and the moral rights of any other person are not infringed.
12. By making Material available on the Website, you grant to Adam Law a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to copy the Material as permitted by these terms and conditions.
13. You may at any time request Adam Law to remove any Material made by you from the Website and Adam Law will comply with such a request within a reasonable period.
Intellectual Property
14. Adam Law retains all intellectual property rights in relation to the Website including the content of the Website provided by Adam Law.
Restrictions on Material
15. You must not post or attempt to post any Material on the Website which contains any material or content which: (a) is defamatory; (b) is abusive, threatening or offensive; (c) is obscene; (d) is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise; (e) is maliciously false or which falsely denigrates any person, product or services; (f) breaches any obligation of confidence owed to any person; (g) is misleading or deceptive; (h) involves the use of a trade mark, name or indicia which is not owned by you; (i) amounts to harassment, stalking or similar conduct; (j) would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings; (k) involves the sale or promotion of commercial products, surveys, contests or advertising; (l) is otherwise unlawful or which may give rise to legal action against you.
16. In using the Website, you must not: (a) attempt to impersonate any person; (b) state or imply that you represent any person, company or other entity when this is not the case; (c) attempt to alter or edit any material or content posted by another person or other content of the Website; (d) engage in spamming or other conduct involving the sending of unsolicited emails; (e) solicit for business by placing advertising or other Material or other content on the Website (except where expressly permitted by Adam Law); (f) do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website; (g) use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website (except where permitted by Adam Law); (h) engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems through the Website; (i) attempt to access any person’s personal information held by Adam Law; (j) attempt to disable, circumvent or otherwise interfere with the security features of the Website; (k) place any link on the Website or other means by which users of the Website can access other unauthorised websites; (l) unfairly denigrate the Website or any activities engaged in by any users of the Website; (m) place any unauthorised advertisement on the Website.
17. You acknowledge that the material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such material are not made or provided by Adam Law. Adam Law is not responsible for such material or any reliance on such material by you. In addition all material provided by Adam Law is subject to the Website’s disclaimer. The information provided by this website is of a general nature only and is not legal advice. Adam Law accepts no liability for any loss or damage suffered by reason of any reliance on or use of the information on the website by any person.
Monitoring and Removal of Material
18. You acknowledge and agree that Adam Law may at any time and at his absolute discretion remove any Material from the Website and without giving any reason for its removal.
19. You acknowledge that Adam Law is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to Adam Law’s legal obligations under privacy and other laws).
20. Adam Law may at any time and at his absolute discretion discontinue the Website or any part of it.
Indemnity
21. You will indemnify Adam Law and keep Adam Law indemnified against any loss or damage suffered by Adam Law (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against Adam Law by any other person as a result of any Material placed by you on the Website or any use of the Website by you.
22. Without limiting the above, you will indemnify Adam Law and keep Adam Law indemnified against any loss or damage suffered by Adam Law (including any legal costs incurred) arising out of any claim alleging that:
(a) Any Material made by you infringes the copyright or other intellectual property rights of any other person;
(b) Any Material made by you contains material or content which is prohibited pursuant to these terms and conditions.
No Warranties
23. Adam Law gives no warranties and makes no representations regarding the Website or the contents or availability of the Website or any of the materials to or other material contained on the Website. Except to the extent that any law or statute prohibits the exclusion of any condition or warranty, all other conditions or warranties are excluded. All implied terms, conditions and warranties in any Sale of Goods legislation are excluded as required by law.
24. Adam Law’s liability and your sole remedy for breach of any express warranty, or warranty or right implied or conferred by law, is limited to, at Adam Law’s option, one or more of: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.
Liability
25. Adam Law will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the inclusion of your Material on the Website, Material posted on the Website by third parties or your use of the Website.
26. Without limiting the generality of clause 25 above, Adam Law will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the inclusion of your Material on the Website, the Material posted on the Website by third parties, the Material provided by Adam Law, or your use of the Website, even if Adam Law has been advised of the possibility of such damages.
27. You acknowledge that the websites of third parties may be accessed through the Website and that Adam Law has no control over such third party websites. Adam Law will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.
28. You acknowledge that the content and material posted by third parties on the Website are made pursuant to these terms and conditions but that Adam Law is not responsible for such content or material. Adam Law will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any Material posted by third parties on the Website or any criticism, comment or other content of any third party material which are made in relation to your Material or which are otherwise posted on the Website.
29. You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. While Adam Law takes reasonable steps to prevent such copying, Adam Law cannot guarantee that your Material will not be copied. Adam Law will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.
General
30. If any of these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement
31. These terms and conditions are governed by and construed in accordance with the laws of Western Australia. The parties consent to the exclusive jurisdiction of the courts of Western Australia.
32. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Western Australia.
33. Adam Law may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future sale of items on the Website or Material posted by you on the Website from the date of such notice.
34. Adam Law will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of Adam Law including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.