Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
DivorceResource.com.au does not provide qualified professional services.
So, the information on this site does not replace the need for a financial planner, accountant or mental health therapist to provide advice specific to your unique circumstances.
Although the information on this site and available from Divorce Resource has been prepared with the utmost care and attention to accuracy, this site does not claim in any way to negate the necessity for you to seek professional advice from a qualified lawyer before making your own decisions. Your circumstances are unique. The information on this site is generalised and not to be construed as advice. Although the site provides a variety of useful tips for conciliation, financial arrangements and personal growth which have been provided by specialist practitioners, many of have been provided by users. In compiling the information contained on, and accessed through, this website ('Information') the Divorce Resource Pty Limited has used its best endeavours to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein.
To the extent permitted by law, Divorce Resource Pty Limited and its employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Divorce Resource Pty Limited limits its liability to the extent permitted by law, to the re-supply of the Information.
This website and its contents, including but not limited to pages, documents, online graphics, audio and video, are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright is owned by Christine Weston, Divorce Resource Pty Limited or in the case of some materials, third parties.
You may view this website and its contents and save an electronic copy, or print out a copy, or parts of this website solely for your own personal, non-commercial use, information, research or educational purposes within your organisation, but only if you (a) do not modify the copy from how it appears on Divorce Resource Pty Limited’s website; (b) retain all headers and footers; (c) include the copyright notice © Divorce Resource Pty Limited 2012 on the copy.
You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by Divorce Resource Pty Limited.
Trademark Notice and DivorceResource Pty Limited’s Name and The Split Kit
This site includes registered trademarks and trademarks that are the subject of pending applications or which are otherwise protected by law including, but not limited to the words DivorceResource.com.au and the DivorceResource.com.au logo, Divorce Resource: working through it piece by piece, The Split Kit and the Split Kit Logo. Unless otherwise indicated, they are owned by Christine Weston or Divorce Resource Pty Limited in Australia and may be the subject of rights in other countries.
You may not use Divorce Resource Pty Limited’s trademarks or the name Divorce Resource Pty Limited unless with Christine Weston, Director of Divorce Resource Pty Limited’s prior written consent. You may request consent by contacting Christine Weston at firstname.lastname@example.org
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice to you. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Our last update was January 20, 2016. Your continued access and use of DivorceResource.com.au following the posting of any such changes shall automatically be deemed your acceptance of all changes. It is your duty to check this Agreement to determine if there have been any changes to this Agreement and to review such changes.
Consideration and Your Compliance with this Agreement
Identification of Anyone Involved In Family Law Issues Is Against the Law
Because of the special nature of family law proceedings, which often involve children, section 121 of the Family Law Act makes it an offence to publish proceedings that identify persons or witnesses involved in family law proceedings. This prohibition also extends to the publication of any picture. This means it is an offence for you to identify your ex-partner or your children specifically in any public entry on DivorceResource.com.au. For exceptions to this general prohibition, see section 121(9) of the Family Law Act.
Collection of Personally Identifiable Information
Certain features of DivorceResource.com.au require you to provide personally identifiable information. Personally identifiable information generally includes information that could be used to determine your identity, such as your name, address, phone number, e-mail address, and birth date. The following are certain situations in which we may collect personally identifiable information from you:
- Registration. When you register with us, we may ask for personally identifiable information like your e-mail address and birth date. We collect this personally identifiable information from you.
- Use of Forums. If you choose to transmit, submit or post information through any forums available on DivorceResource.com.au, we will collect the information you provide.
- Forms. We may collect personally identifiable information from you if you choose to fill out any forms, profiles, or surveys on DivorceResource.com.au.
- Correspondence. If you send us personal correspondence, such as e-mails or letters, or if other users or third parties send us correspondence about your activities or postings on DivorceResource.com.au, we may collect that information about you.
- Business Partners. We may receive your personally identifiable information from one of our business partners.
- Newsletters. We collect the e-mail address of visitors that subscribe to our newsletter. These emails are only used for sending Newsletter or Notices. We send only verified, double-opt-in e-mails, specifically requested by our subscribers.
- Other Sources. We may receive and collect information about you from other sources, such as instant messaging services, blogs, newspapers, and other users of our products and services.
For each visitor to our Web page, our Web server automatically recognizes your ISP address, ISP provider and region.
Use of Personally Identifiable Information
We use your personally identifiable information within our business as follows:
- to fulfil your requests for certain products and services;
- to contact you and deliver information to you such as administrative notices, offerings, and other communications relevant to your use of DivorceResource.com.au;
- to analyse site usage, conduct market research, improve marketing and promotional efforts, and improve and customise our content, layout, products and services;
- to provide customer support and troubleshoot and resolve problems and disputes;
Disclosure of Personally Identifiable Information
The following describes some of the ways that your personally identifiable information may be disclosed in the normal scope of business:
- Forums.Any information that you place or submit to be placed within any forum on DivorceResource.com.au may be disclosed to the public.
- Advertisers. We may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes.
- Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, product and service operations (e.g., technology, Forums, analytical tools, advertising campaign management) and therefore we may provide some of your personal information directly to these internal service providers. We implement reasonable contractual and technical protections limiting the use of your personally identifiable information by internal service providers, unless you have provided permission for additional uses.
Your details would only be disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorised use of our Website.
Once we have fulfilled our obligation to you in terms of service delivery, your personal information is discarded.
DivorceResource.com.au is not Intended for Minors
DivorceResource.com.au is not intended to be used by, and is not directed to, anyone less than 18 years of age. You represent that you are at least 18 years of age. We do not knowingly permit registration of personally identifiable information by anyone under the age of 18. You hereby agree not to submit any information to us about anyone under the age of 18. We cannot verify that a submission does not constitute information about a person under the age of 18.
Your Access and Use of DivorceResource.com.au
Your access and use of DivorceResource.com.au may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of DivorceResource.com.au or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of DivorceResource.com.au and/or any portion or feature of DivorceResource.com.au at any time in our sole discretion and without prior notice.
You shall not:
- metatag or frame DivorceResource.com.au, without our prior express written permission;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of DivorceResource.com.au are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt DivorceResource.com.au or servers or networks connected to DivorceResource.com.au;
- “stalk” or otherwise harass other users;
- harm minors in any way
- impersonate any person or entity, including, but not limited to, any employee, officer or director of Divorce Resource Pty Limited., forum leader, guide or host, or falsely state or misrepresent your affiliation with a person or entity;
- forge headers;
- disguise the origin of any content transmitted through DivorceResource.com.au;
- collect or store personal data about other users; or
- directly solicit business for yourself or others.
If you do not want to receive e-mail from us in the future, please let us know by updating your preferences in your My Account profile. Please note, although we do not provide your details to third parties, your details may have come to us from them so after you opt-out of our use of your personally identifiable information, third parties may continue to use any personally identifiable information that may be in their possession and you may still receive offers from third parties. You must contact these third parties directly to opt-out of their use of your personally identifiable information. We are not responsible for any third party's use or failure to stop using your personally identifiable information.
User Account, Password and Security
You may receive a password and account. You are responsible for all activities that occur under your account and with your password. You must protect your password and account from unauthorized use. You must immediately notify us of any unauthorized use of your account or password or any other breach of security.
DivorceResource.com.au may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements, including, without limitation, any responses to legal questions posted on DivorceResource.com.au and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (“User Generated Content”). We are not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, we do not approve or endorse any User Generated Content in the Forums.
WE DO NOT MONITOR, REVIEW, OR SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION POSTED ON DIVORCERESOURCE.COM.AU OR PROVIDED TO US BY OTHERS.
YOU SHOULD NOT PROVIDE PERSONAL INFORMATION TO OTHER USERS OR POST PERSONAL INFORMATION IN A PUBLIC PLACE WHERE SUCH INFORMATION MIGHT BE USED TO HARM OR HARASS YOU. QUESTIONS AND ANSWERS OR OTHER POSTINGS TO DIVORCERESOURCE.COM.AU ARE NOT CONFIDENTIAL AND ARE NOT SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.
You hereby acknowledge and agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any User Generated Content in the Forums. In addition, although we reserve the right to review, remove or edit any content from DivorceResource.com.au, we do not routinely screen, monitor, review, remove, or edit the content of any User Generated Content, including, without limitation, any responses to legal questions posted on DivorceResource.com.au and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information (collectively "Legal Information"). As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Generated Content, Legal Information or the qualifications of those posting User Generated Content and Legal Information.
While we endeavour to provide and to allow others to provide useful information regarding lawyers, financial advisers and other service providers, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that the information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information), and that information on DivorceResource.com.au may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that the information contained in an lawyer's profile, and other data, summaries or descriptions on DivorceResource.com.au, are based on the data obtained by or submitted us, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to us. Designations and/or ratings of contributors to DivorceResource.com.au are based solely on the number of contributions made or other user input and do not reflect any endorsement or approval by us.
Immediately report problems with the Forums to us at misuse@DivorceResource.com.au or use the flags to indicate improper use.
We assume no responsibility for information posted on DivorceResource.com.au by others, including, but not limited to, users and advertisers.
Consent to Receive Emails
By using DivorceResource.com.au, you consent to receive emails from DivorceResource.com.au and/or Christine Weston, provided such emails are in accordance with the preferences you select in the account info page of the My Account section of DivorceResource.com.au. You may change such preferences by changing your account settings in your user profile. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from DivorceResource.com.au.
Directories of Lawyers and other Professionals; No Endorsement or Recommendation
Neither any directory of lawyers or other professionals or service providers nor any of the other information contained on DivorceResource.com.au are an endorsement of any particular lawyer or service provider or are a guarantee of an their quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
The information provided on DivorceResource.com.au is intended to be a starting point to gather information about legal issues and lawyers who may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire an lawyer or how to resolve legal matter.
Reference to any lawyers, law firms, or other legal service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company. Designations and/or ratings of contributors to DivorceResource.com.au are based solely on the number of contributions made do not reflect any endorsement or approval by us.
Lawyer and Other Professionals Advertising and Communications
It is solely the responsibility of lawyers to ensure that any information or advertisements they post or place on DivorceResource.com.au (including, without limitation, any responses to legal questions posted on DivorceResource.com.au and any other comments, opinions, recommendations, answers, analysis, references, referrals or legally related content or information), and any communications they may have with prospective clients through DivorceResource.com.au, fully comply with all applicable rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
Transmissions, Submissions and Postings to DivorceResource.com.au
If you transmit, submit or post information to DivorceResource.com.au that is not Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior written permission from us to transmit, submit or post information to DivorceResource.com.au that is Federally trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not upload, transmit, submit or post the following to DivorceResource.com.au:
- Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, pyramid schemes, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without our written permission; or
- Federally trademarked and/or copyrighted information without our written permission.
You shall be solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Our Intellectual Property Rights
The names "DivorceResource.com.au" and "Divorce Resourne Working through it piece by piece" and “The Split Kit”, our graphics, logos, page headers, button icons, scripts, and service names are our or our affiliates’ trademarks or trade dress, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on DivorceResource.com.au. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, DivorceResource.com.au (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on DivorceResource.com.au (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You are solely responsible for any damage resulting from your infringement of our or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior written permission, which permission may be withheld in our sole discretion.
You may not use any metatags or any other “hidden text” utilizing our name or trademarks without our express written permission, which permission may be withheld in our sole discretion.
We encourage and permit you to include text links to content on DivorceResource.com.au on your Web site(s), provided that: (a) any text-only link must clearly be marked “DivorceResource.com.au,” (b) any link that is not text-only must be our approved logo and accompanying code; (c) the link must further DivorceResource.com.au and its purpose; (d) the appearance, position, and other aspects of the link and host Web site may not be misleading, fraudulent, or in any other manner damage or dilute the goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance, position and other aspects of the link and host Web site may not create the false appearance than an entity other than us is associated with the link, or that the host Web site is sponsored by us; (f) the link, when activated by an internet user, must display DivorceResource.com.au full-screen and not with a “frame” on the linked Web site; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon notice to you or by amending this Agreement.
We are not responsible for any information, content, or materials contained or provided for on any such host Web site. Links to DivorceResource.com.au are allowed solely for convenience to internet users and to further DivorceResource.com.au and its purpose, and are not intended as an endorsement by us of the organization or individual operating the host Web site or a warranty of any type regarding the host Web site or the information on the host Web site.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor DivorceResource.com.au or any portion of DivorceResource.com.au or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from DivorceResource.com.au without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of DivorceResource.com.au or any activities conducted on DivorceResource.com.au; or (iv) bypass measures we may use to prevent or restrict access to DivorceResource.com.au. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials form DivorceResource.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from DivorceResource.com.au. You shall not use any communication systems provided on DivorceResource.com.au (i.e., Forums or e-mail) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of DivorceResource.com.au without our prior, written consent.
When you visit DivorceResource.com.au or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on DivorceResource.com.au. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use DivorceResource.com.au, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of DivorceResource.com.au.
Third Party Links
There may be provided on DivorceResource.com.au links to other Web sites belonging to our advertisers, business partners, affiliates and other third parties. Such links do not constitute our endorsement of those Web sites, nor the products or services listed on those Web sites. We are not responsible for the activities or policies of those Web sites. We do not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. You agree that we are not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, for any failure to deliver any merchandise or services promised, or for any losses or damages you may incur as the result of your dealings win any advertisers, business partners, affiliates and other third parties.
NO LEGAL ADVICE
Information posted or made available on or through DivorceResource.com.au, including without limitation Legal Information is not intended to constitute legal advice or to create an lawyer-client relationship between you and any lawyer. Such Legal Information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. Such Legal Information is not a substitute for an in-person or telephone consultation with an lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such Legal Information.
You understand that questions and answers or other postings to DivorceResource.com.au are not confidential and are not subject to lawyer-client privilege.
We do not select, screen, approve, endorse or limit who can post Legal Information, including those who contribute responses to legal questions posted on DivorceResource.com.au.
Although we reserve the right to review, remove or edit any content from DivorceResource.com.au, we do not routinely screen, monitor, review, remove, or edit the content of User Generated Content, including without limitation, Legal Information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Legal Information or the qualifications of those posting User Generated Content, including without limitation, Legal Information.
We Make No Representations or Warranties
The content, including user generated content and all legal information, and all services and products associated with divorceresource.com.au are provided to you on an "as-is" and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of divorceresource.com.au or the information, content, materials, products or services included on or associated with divorceresource.com.au. You expressly agree that your use of divorceresource.com.au and all content, products and services included on or associated with divorceresource.com.au is at your sole risk.
We do not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the content or the services and products associated with divorceresource.com.au, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the services and products associated with divorceresource.com.au. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services and products associated with divorceresource.com.au. We make no representation, warranty or guarantee that the content that may be available for downloading from divorceresource.com.au is free of infection from any viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
DivorceResource.com.au is controlled and offered by us from our facilities in Australia. We make no representations that DivorceResource.com.au is appropriate or available for use in other jurisdictions. If you access or use DivorceResource.com.au from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
We shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this agreement; (ii) your access and use of divorceresource.com.au; (iii) your delay in accessing or inability to access or use divorceresource.com.au for any reason; (iv) your downloading of any of the content or the collective work for your use; (v) your reliance upon or use of the content or the collective work, or (vi) any information, software, products or services obtained through divorceresource.com.au, or otherwise arising out of the use of divorceresource.com.au, whether resulting in whole or in part, from breach of contract, tortuous behaviour, negligence, strict liability or otherwise, even if we, our affiliates and/or our suppliers had been advised of the possibility of damages. Our liability and the liability of our affiliates, directors, officers, employees and agents arising out of this agreement shall not exceed $AUD100.
We are not responsible for errors or omissions in any information or materials contained on divorceresource.com.au, including without limitation, attorney, Accountant or other service provider profile information.
We have no responsibility or liability of any kind for any legal information you encounter on or through divorceresource.com.au, and any use or reliance on legal information is solely at your own risk.
You specifically acknowledge that we shall not be liable for user generated content or the defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from such user-generated content and third-party conduct rests entirely with you.
You and we agree that any cause of action arising out of or related to divorceresource.com.au must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, lawyers' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of DivorceResource.com.au; (iv) access or use of DivorceResource.com.au under any password that may be issued to you; and/or (v) your transmissions, submissions or postings (i.e., your own User Generated Content).
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of Western Australia. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
This website (excluding any linked third party sites) is controlled by DivorceResource Pty Limited. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in Western Australia in accordance with the laws in force in Western Australia (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. DivorceResource Pty Limited makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH DIVORCERESOURCE.COM.AU OR NY OF OUR PRODUCTS OR COMMUNICATIONS, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.