1. Disclaimer of Warranties & Limitation of Liability
1.1. this Site is provided by Dolman Bateman & Co Pty Ltd on an “as is” basis without any express or implied warranty of any kind;
1.2. the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
1.3. Dolman Bateman & Co Pty Ltd does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.4. Dolman Bateman & Co Pty Ltd does not warrant anything it advises or comments on or about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Site;
1.5. Dolman Bateman & Co Pty Ltd may change any of the material on the Site at any time without notice;
1.6. Dolman Bateman & Co Pty Ltd makes no commitment to update any material on the Site;
1.7. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
1.8. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;
1.9. neither Dolman Bateman & Co Pty Ltd nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use the material or information available on or accessible through the Site, even if the Dolman Bateman & Co Pty Ltd has been advised of the likelihood of such damages.
1.10. Where the laws of any country or state in which these terms and conditions are effective implies into, or expressly includes in, these terms and conditions any term, condition, guarantee or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition, guarantee or warranty shall be deemed to be included in these terms and conditions provided that the liability of the Dolman Bateman & Co Pty Ltd, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition, guarantee or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of the Dolman Bateman & Co Pty Ltd, to:
1.11. in the case of services, the supply of the services again, or the payment of having the services resupplied and
1.12. in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
2.1. You agree to indemnify, defend, and hold harmless the Dolman Bateman & Co Pty Ltd, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site or your failure to comply with these terms and conditions, or from your violation of any applicable law.
3. System Integrity & User Conduct
3.1. You must not use the Site to:
3.1.1. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
3.1.2. post, disclose or transmit any material that is defamatory, obscene, misleading or deceptive, or which infringes Dolman Bateman & Co Pty Ltd’s or any third party’s intellectual property or breaches any duty of confidence or contractual obligation owed to Dolman Bateman & Co Pty Ltd or any third party;
3.1.3. send junk, obscene, indecent, offensive or threatening electronic mail or “spam” to any person or company;
3.1.4. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
3.1.5. conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
3.1.6. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
3.1.7. attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
3.1.8. send or upload any material that contains viruses, worms, trojan horses, time bombs, cancelbots or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.1.9. commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
3.1.10. vilifies, insults humiliates any person on basis of race, religion, ethnicity, gender, age, sexual orientation of any physical or mental disability
3.1.11. promotes, advertises goods or services, websites, schemes and other matters
3.1.12. collect, store, post, disclose or transmit personal information or data about others, including, without limitation, tax file number information and email addresses; or
3.1.13. breach the Privacy Act 1988 as amended, or the National Privacy Principles, or contravene or breach any other applicable state, Commonwealth or international law, convention or regulation.
3.1.14. You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for the Site. You agree to notify Dolman Bateman & Co Pty Ltd immediately of any unauthorised use of your password or any other breach of security.
4. LAWYERS SECTION ACCESS
4.1. Trial policy
4.1.1. When You first sign up for access to the Lawyers Section, You can evaluate the Lawyers Section under the defined trial usage conditions, with no obligation to continue to use the Lawyers Section. If You choose to continue using the Lawyers Section thereafter, You will be billed from the day You first added Your billing details into the Lawyers Section.
4.2. Prepaid Subscriptions& Refunds
4.2.1. Dolman Bateman & Co Pty Ltd will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
4.3. No-fault termination:
4.3.1. These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
4.4.1. If You:
4.4.2. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
4.4.3. breach any of these Terms and the breach is not capable of being remedied or any payment of Access Fees that are more than 30 days overdue); or
4.4.4. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
4.5. Dolman Bateman & Co Pty Ltd may take any or all of the following actions, at its sole discretion:
4.5.1. Terminate this Agreement and Your use of the Services and the Website;
4.5.2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
4.5.3. Suspend or terminate access to all or any Data.