1 - Definitions
In these Terms, unless the context requires otherwise:
Content means any information, material and content (including all text, graphics, logos, audio and software) made available on this Website.
Data means all data, information, content or communications transmitted, uploaded or inputted to the Website by You or on Your behalf or otherwise as a result of Your use of the Website.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct or consequential.
Moral Rights means moral rights as defined in section 189 of Part IX of the Copyright Act 1968 (Cth) (namely the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship) and any similar rights in any other jurisdiction.
Services means any survey, questionnaire, online forum, legal information, legal advice or other service made available by Anika on or through this Website from time to time.
Unacceptable Content means any:
- content which, in our opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
- content which is incorrect, false or misleading; or
- files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
You or Your means the person who wishes to access and use this Website.
We, Us or Our means Anika Legal Ltd ABN 34 627 816 808
Website means http://anikalegal.com/ and all subdomains and pages connected with this domain name.
Works means any work product that You create for, contribute to or distribute or display on the Website, including any concepts, ideas, designs, models, artwork, engravings, photos, images, data, information, processes, techniques, inventions, research results, documents or materials or parts, adaptations or drafts, in any form, resulting directly or indirectly from Your use of or access to the Website, Content or Services.
2 - Licence
We grant You a non-exclusive licence to access and use this Website subject to and in accordance with these Terms.
3 - Your representations and warranties
You represent and warrant that to Us that:
- all information supplied by You to us on or through this Website is true, accurate, current and complete (and not misleading or deceptive whether by inclusion or omission);
- You are at least 18 years of age (if you wish to register for an Anika User Account and/or contribute to our Website); and
- You have the legal authority and capacity to accept these Terms and to use this Website in accordance with the Terms. If You are accessing this Website as, or for, a corporate entity or as agent, You warrant that You have the authority to bind that entity or person to the Terms. If You are accessing this Website in your capacity as trustee of a corporate entity or person, You warrant that you have the capacity to enter into the Terms on behalf of the relevant trust.
4 - Content not legal advice
- Subject to paragraph 4(2) any Content created by us, whether published on the Website or transmitted through any other means:
- does not in any way constitute legal advice;
- is designed and intended to provide general information in summary form only on legal topics, current at the time of publication, for general informational purposes only;
- is not intended to be a substitute for professional legal or financial advice and should not be relied upon as such; and
- is general in nature and does not take into account Your particular circumstances, and You should seek legal advice or other professional advice specific to Your circumstances if required by You.
- Content will only constitute legal advice where, subject to applicable laws:
- we enter into a written engagement agreement with you to provide legal services to You in accordance with our engagement agreement and appointment terms; and
- the relevant Content is created by us, whether published on the Website or transmitted through any other means, for the purposes of providing legal advice to You in accordance with Our engagement agreement and appointment terms.
5 - No client-solicitor relationship created
The transmission or receipt of any Content is not intended to create, nor should such transmission or receipt be taken as creating, a solicitor-client relationship between Us and You, except where described in paragraph 4(2) above.
6 - Jurisdiction for legal information
We operate in Victoria, Australia. The information published on this Website relates to the jurisdiction of Victoria, Australia unless otherwise stated. We do not represent that the information We publish on this Website is accurate or relevant in each jurisdiction from which this Website may be viewed. You should make Your own enquiries.
7 - Intellectual property
Unless otherwise indicated, all intellectual property (including copyright, designs, patents, trade marks and other intellectual property rights whether registered or not) used on this Website or the Content are owned, or used under licence, by Us. Nothing contained on this Website should be construed as granting any licence or right to use or reproduce any intellectual property right. All Content is protected by copyright laws and, unless otherwise stated, is owned, or used under licence, by Us. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, stored, published, displayed or transmitted in any form by any process. You may not create derivative works from any part of this Website or commercialise the Content without Our specific written consent.
8 - Moral Rights
- You give consent for Us to act in any way which may otherwise infringe Your Moral Rights in the Works.
- Without limiting the generality of paragraph 8(1), You consent to Us :
- not identifying You as the author or contributor of the Works;
- not mentioning or acknowledging Your authorship of the Works;
- not mentioning or acknowledging Your authorship of the Works in any reproduction, adaptation, transmittal or publication; or
- amending the shape, configuration, design, appearance or any other feature of the Works, changing the purpose of use of the Works for any reason, including use of the design on the Website or any other medium for promotional purposes.
- You represent and warrant to Us that You will execute further documentation as may be required by Us to perfect the consents and undertakings You have given to Us regarding Your Moral Rights.
- You acknowledge that any consents which have been given in respect of Your Moral Rights are given freely and genuinely.
9 - Prohibited Use
The Content as well as the infrastructure used to provide such Content, is proprietary to Us. Without Our prior written consent, You agree not to:
- copy, reproduce, replicate, post or redistribute the Content or any portion thereof;
- modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, products or services obtained from or through this Website;
- use this Website or the Content to further any commercial purpose, including any advertising;
- access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose;
- take any action that imposes, or may impose, in our discretion, an unreasonably or disproportionately large load on our infrastructure (including our servers and server bandwidth);
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website or the Services; or
- take any action that we would deem to be inappropriate or is unlawful.
You agree not to post, upload to, email, transmit, distribute, store, create or otherwise publish any Unacceptable Content on or through the Website.
10 - Suspension and termination
We may at any time in Our sole discretion and without notice to You:
- temporarily suspend Your access to the Website and / or Content; or
- permanently disable Your access to the Website and / or Content;
- permanently cease operating the Website.
If any of the events in paragraph 10(1) to (3) occurs, the licence granted to You under clause 2 of these Terms is revoked. .
11 - Variation
We may, at our sole discretion, vary or modify these Terms by posting our updated terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that We may vary the provisions of these Terms or the features of functionality of this Website from time to time without any requirement to provide prior notice to You.
12 - Compliance with directions
You agree to comply with all directions or instructions We give You from time to time regarding Your access to and use of the Website (including notice provided via the Website).
13 - Accuracy of Content
Whilst We will endeavour to keep this Website up to date and accurate, we cannot and do not guarantee that the information on this Website will be up to date or accurate at all times. You should conduct Your own investigations and satisfy Yourself as to whether information on this Website is accurate and up to date.
14 - Links
This Website may contain links to other websites. These links are provided for convenience only and may not remain current or be maintained. We accept no responsibility whatsoever in relation to any linked websites. We are not responsible for the content or privacy practices associated with linked websites.
15 - Errors and defects
We do not guarantee that this Website will be free from errors or viruses or that this Website will function as intended or that Your access to the Website will be uninterrupted. You must take Your own precautions to ensure that accessing this Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with Your use of this Website.
16 - Security
We take steps to ensure the security of this Website, including by implementing and maintaining data protection procedures and technologies. However data transmissions over the internet cannot be guaranteed to be totally secure. Whilst we strive to protect information You transmit to us or which We store, We do not warrant and cannot ensure the security of such information.
17 - Liability
- We are not liable for any Content posted, stored or uploaded by You or any third party, or for any Loss to You. We are not liable for any mistakes, defamation, slander, libel, omissions, falsehoods or any other inappropriate information on the Content You may encounter when You access the Website.
- As a provider of interactive services, We are not liable for any statements, representations, misleading or deceptive information or Content provided by users of the Website in any public forum, personal home page or other part of the Website. We have no obligation to screen, edit or monitor any of the Content posted to or distributed through any part of the Website. However, We reserve the right and discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf.
- Nothing in these Terms, including without limitation paragraphs 13, 14 and this paragraph 17 should be interpreted as attempting to exclude, restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law.
- We do not accept responsibility for any Loss caused (including through negligence) which You may directly or indirectly suffer in connection with Your use of this Website, or any linked website, nor do we accept any responsibility for any Loss arising out of Your use of or reliance on any Content.
- If You do not access this Website and the Content as a Consumer (as defined in accordance with the Australian Consumer Law), then to the extent permitted by law, We exclude all liability for any Loss incurred by You, caused (including by Our negligence), suffered by You in connection with Your access and use of this Website and the Content. This paragraph applies even if We knew or ought to have known that the relevant Loss would be suffered.
- We reserve the right to restrict, suspend or terminate without notice Your access to this Website or any Content at any time without notice and We will not be responsible for any Loss that may arise as a result.
18 - User comments, feedback and other submissions
- If We request specific information, creative ideas, submissions, comments or any other material (Comments) from You, You agree that We may edit, copy, publish, distribute or otherwise use any Comments. You acknowledge that We have no obligation to maintain any Comments in confidence, respond to any Comments or pay any compensation for any Comments.
- If You upload Data to the Website or otherwise submit Data to us, then You grant Us a worldwide, non exclusive, perpetual, transferable, royalty free licence to use and modify the Data, and intellectual property rights subsisting in the Data, for the purposes of, and as contemplated by, these Terms, including without limitation for providing Services to You and other members of the public.
19 - Overseas access
This Website may be accessed throughout Australia and overseas. We make no representations that the Content or the Website complies with the laws of any country outside Australia. If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the site.
20 - General
- You may not assign or otherwise deal with Your rights or obligations under these Terms.
- If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
- You must ensure that Your use of this Website complies with all applicable laws and regulations.
- These Terms are governed and are to be construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.