Terms Of
Use
Chapman Shanks owns and operates this website Terms of Use
Agreement states the terms and conditions under which you may
access and use this website. By accessing and using this website
you agree to be bound by these terms and conditions.
If you do not accept the terms and conditions of the Chapman Shanks
owned website, you must discontinue using it.
Chapman Shanks may revise this Agreement at any time by updating
this website. Use of the website after such changes are posted will
indicate your agreement to these revised terms. You should visit
this page periodically to review this Agreement.
Ownership of Material, Software Licences & Intellectual
Property Rights
All materials displayed or otherwise accessible through this
website, including, without limitation, articles, text,
photographs, images, illustrations, computer software and code, and
the website, itself, are protected under Australian and foreign
copyright or other laws, and are owned by Chapman Shanks.
Any use, reproduction, modification, alteration, public performance
or display, uploading or posting onto the internet ( including
placing on another website ), transmission, redistribution or other
exploitation of this website or of any content, whether in whole or
in part, other than expressly set out herein, is prohibited without
the express written permission of Chapman Shanks.
All software embedded in or located on or at this website,
including, without limitation, all computer code of all types,
including all files and/or images contained in or generated by such
software (Software) is protected by copyright and may be protected
by other rights. All such Software is owned by Chapman Shanks, its
licensors or the party accredited with ownership of such Software.
You are hereby granted the right to access and use the Software
embedded and integrated into this website, subject to
• (i) the terms and conditions of this Agreement, and
• (ii) any additional conditions which may be imposed on your
access and use of such Software.
If this website provides Software for download, unless otherwise
provided, you are hereby granted, subject
• (i) to the terms of this Agreement and
• (ii) to any other terms and conditions that may apply to your
downloading and use of such Software, a personal, non-transferable,
non-exclusive license to
o (i) install and run one copy of the Software in object-code
format on a non-networked computer for your personal,
non-commercial use; and
o (ii) to reproduce the Software only as reasonably required to
install, run and make reasonable backup copies as allowed by
law.
Except to the extent expressly permitted in this Agreement, you may
not:
• (i) use, reproduce, modify, adapt, translate, upload, download or
transmit the Software in whole or in part;
• (ii) sell, rent, lease, licence, trade, transfer or otherwise
provide access to the Software;
• (iii) alter, remove or cover any trademarks or proprietary
notices included in the Software; and/or
• (iv) disassemble, decrypt, extract or reverse engineer the
Software or assist others in doing so.
Nothing contained in this website shall be construed as granting
you any right, title, interest or other license in or to any
Software embedded or integrated into this website or made available
for download from this website, including, but not limited, to any
intellectual property rights in the Software.
All Software embedded or integrated into this website is provided
as Is, without warranties of any kind, either expressed or implied,
including, without limitation, any warranty
• (i) that the Software is of merchantable quality or is fit for
any particular purpose;
• (ii) that the Software will conform with any specification(s)
relating to the Software;
• (iii) that the Software will be free from material defects;
• (iv) that the Software contains no computer viruses or other
contaminants; or
• (v) that the Software shall process date-related and time-related
data without causing any processing interruptions, abnormal
termination or process or manipulate any time-related
data.
Disclaimer
This website and all content is
provided on an 'as is' basis. By accessing and using this website
you acknowledge and agree that use of this website and the content
is entirely at your own risk.
Chapman Shanks makes no representations nor warranties regarding
this website and the content, including, without limitation, no
representation or warranty:
• (i) that this website and/or content will be complete, accurate,
reliable, suitable or timely;
• (ii) that any content, including, without limitation, any
information, data, software, product or service contained in or
made available through this website will be of merchantable quality
or fit for a particular purpose;
• iii) that the operation of this website will be uninterrupted or
error free;
• (iv) that defects or errors in this website will be
corrected;
• (v) that this website will be free from viruses or harmful
components; and
• (vi) that communications to or from this website will be secure
or not intercepted.
The information contained on this website is for information
purposes only. It is not intended to provide accounting, legal,
investment, financial, or other advice to you, and you should not
rely upon the information to provide any such advice.
All information posted on this website is intended only as a basis
for further discussion, enquiry and study. Chapman Shanks
disclaims any liability for direct, indirect or consequential loss
arising in connection with the use of the contents of this website
or reliance on those contents by any person or organisation,
whether in its original form or altered in some way by the
user.
Chapman Shanks gives no warranties nor does Chapman Shanks make any
representation in respect of the contents of this website.
Chapman Shanks advises users of this website to seek their own
appropriate independent professional advice to matters raised in
this website.
Limitation of Liability
(A) To the extent permitted by law Chapman Shanks aggregate
liability to you, whether for breach of these terms or in
negligence or in any other tort or for any other common law or
statutory cause of action arising in relation to these terms, the
site or the content is limited to the following, the choice of
which is at Chapman Shanks sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent
goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied
again.
(B) To the extent permitted by law Chapman Shanks will not be
liable for any direct, incidental, consequential or indirect
damages, loss or corruption of data, loss of profits, goodwill,
bargain or opportunity or loss of anticipated savings resulting
from your access to, or use of, or inability to use the site and
the content, whether based on warranty, contract, tort, negligence
or any other legal theory, and whether or not we know of the
possibility of such damage.
(C) If a jurisdiction does not
allow the exclusion or limitation of liability in accordance with
paragraph (a) or (b) but allows a limitation of a certain maximum
extent then our liability is limited to that extent.
Chapman Shanks expressly disclaims any and all liability for the
acts, omissions or conduct of any third-party user of this website
or any advertiser or sponsor of the website. Under no
circumstances shall Chapman Shanks and its officers, directors,
employees, agents licensors, be liable for any injury, loss, damage
(including special, indirect, incidental or consequential damages)
or expense arising in any manner whatsoever from (i) the acts,
omissions or conduct of any third-party user; and (ii) any use or
inability to use any materials, software, content, goods or
services located at or made available at any web site linked to or
from this website.
If you decide to access or use any linked web site or content,
materials, software, goods or services from a web site linked to
this website, you do so entirely at your own risk.
You hereby release Chapman Shanks and its officers, directors,
employees, agents and their respective successors and assigns, from
any damages that you incur, and agree not to assert any claims
against them, arising from your purchase or use of any products or
services made available through this website or by third parties
through this website.
Links, Downloads, Features and Advertisements
This website contains links to third-party web sites. These links
are provided solely as a convenience to you and not as an
endorsement by Chapman Shanks of the contents of such third-party
web sites.
We take no responsibility for the accuracy, content, or any aspect
of that material, and disclaim any liability to you for such
material or for any consequence of your decision to use the links
provided or your use of such material. We also disclaim all
liability and make no representations or warranties for any
products or services sold or provided to you by any third party.
Your purchase of products or services through one of those other
sites is subject to agreements and/or the terms and conditions in
effect between you and the providers of products and services at
those other sites. You agree that you shall not bring a suit or
claim against Chapman Shanks or any of our affiliates arising from
or based on your purchase or use of products or services through
those other sites. Links do not imply that Chapman Shanks or any of
our affiliates sponsors, endorses, is affiliated or associated
with, or is legally authorised to use any trademark, trade name,
logo, or copyright symbol displayed in or accessible through the
links, or that any linked site is authorised to use any trademark,
trade name, logo, or copyright symbol of Chapman Shanks or any of
our affiliates.
Chapman Shanks is not responsible for the content of any
third-party web site, nor does it make any representation or
warranty of any kind regarding any third-party web site including,
without limitation
• (i) any representation or warranty regarding the legality,
accuracy, reliability, completeness, timeliness, suitability of any
content on any third-party web site;
• (ii) any representation or warranty regarding the merchantability
or fitness for a particular purpose of any material, content,
software, goods or services located at or made available through
such third-party web sites; or
• (iii) any representation or warranty that the operation of the
third-party web sites will be uninterrupted or error free, that
defects or errors in such third-party websites will be corrected or
that such third-party websites will be free from viruses or other
harmful components.
While Chapman Shanks encourages links to this website, it does not
wish to be linked to or from any third-party web site which:
• (i) contains, posts or transmits any unlawful, threatening,
abusive, libellous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including, without
limitation, any content constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate any local, state, national or
international law, regulation which may be damaging or detrimental
to the activities, operations, credibility or integrity of Chapman
Shanks or which contains, posts or transmits any material or
information of any kind which promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual, could be
harmful to minors, harasses or advocates harassment of another
person, provides material that exploits people under the age of 18
in a sexual or violent manner, provides instructional information
about illegal activities, including, without limitation, the making
or buying of illegal weapons; or
• (ii) contains, posts or transmits any information, software or
other material which violates or infringes upon the rights of
others, including material which is an invasion of privacy, or
which is protected by copyright, trademark or other proprietary
rights. Chapman Shanks reserves the right to prohibit or refuse to
accept any link to this website, including, without limitation, any
link which contains or makes available any content or information
of the aforementioned nature, at any time. You agree to remove any
link you may have to this website upon the request of Chapman
Shanks.
Indemnity
You agree to indemnify, defend and hold harmless Chapman Shanks and
its officers, directors, employees, agents, licensors and their
respective successors and assigns, from and against any and all
claims, demands, liabilities, costs or expenses whatsoever,
including, without limitation, legal fees and disbursements
resulting directly or indirectly from: (i) your breach of any of
the terms and conditions of this Agreement; (ii) your access, use
or inability to access or use the Chapman Shanks website or any
Chapman Shanks website Content or other content to which the
Chapman Shanks website is or may be linked to from time to time;
(iii) your use of, reliance on, publication, communication or
distribution, uploading or downloading of anything on or from the
Chapman Shanks website; and/or (iv) your violation of any law or
regulation.
Registration and Use of Passwords
To access particular pages and
features of this website, you may be asked to register with Chapman
Shanks. You agree:
• (i) that Chapman Shanks reserves the right to refuse registration
access to any individual or organisation at any time
• (ii) to provide true, accurate, current and complete information
about yourself as prompted by any form provided by Chapman Shanks
and
• (iii) to maintain and promptly update the information you provide
to keep it true, accurate, current and complete.
If Chapman Shanks has reasonable grounds to suspect that such
information is misleading, inaccurate, not current or incomplete,
Chapman Shanks has the right to suspend or terminate your access to
and use of this website. Chapman Shanks use of any personally
identifying information you provide as part of the registration
process is governed by the terms of Chapman Shanks Privacy
Policy.
To access particular pages of
this website, you may need to use a username and password, which
you will receive through our website registration process. It is
your responsibility to maintain the confidentiality of the password
and account, and you are responsible for all activities that occur
using your password or account. You agree to notify Chapman Shanks
immediately of any unauthorised use of your password or account or
any other breach of security, and to ensure that you exit from your
account at the end of each session. Chapman Shanks cannot and will
not be liable for any loss or damage arising from your failure or
Chapman Shanks failure to protect your password or account
information.
Security of Information on the Internet
You should note that information sent or received over the
Internet is generally unsecure and Chapman Shanks cannot and does
not make any representation or warranty concerning security of any
communication to or from this website or any representation or
warranty regarding the interception by third parties of personal or
other information.
Governing Law and Jurisdiction
This website (excluding linked
Web sites) is controlled by Chapman Shanks based in the state of
New South Wales, Australia. By accessing or using this website, you
agree that all matters relating to your access to, or use of, this
website shall be governed by the laws of the state of New South
Wales and and the laws of Australia. You agree and hereby submit to
the non-exclusive jurisdiction of the Federal Court of Australia
and/or the courts of the state of New South Wales with respect to
such matters.
These terms and conditions are to be read in conjunction with our
privacy policy
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