We may amend the Agreement at any time, without notice. The amended Agreement will be posted on the Website and You are responsible for ensuring that You are aware of all amendments to the Agreement.
We may contact You to let You know about Our Products and Services.
Brand Features means the copyright, trade marks, domain names, patents and confidential information of Worthington Clark Pty Ltd.
Privacy Statement means the privacy statement located on the Website.
Services means the genealogical search and asset research services provided by Us as listed on the Website.
Website means the website located at https://www.worthingtonclark.com.au.
You means a user of the Website.
2. Your obligations
2.1 You must:
(a) ensure that You comply with this Agreement;
(b) provide current, accurate, identification, contact and other information as may be required.
2.2 You must not do, and You must not authorise or encourage any third party to do, any of the following:
(a) prevent others from using the Website;
(b) use the Website for any illegal, fraudulent or inappropriate purpose;
(c) use the Website in any other way, including for the following purposes:
(i) intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(ii) impersonating another person (including via the use of an email address) or otherwise misrepresent Yourself or the source of any email or communication;
(iii) using the website to violate the legal rights (such as rights of privacy and publicity) of others;
(iv) interfering without reasonable cause in the reasonable use by other users of the Website;
(v) selling, trading, reselling, transferring or otherwise attempting to exploit any content on the Website for any unauthorised commercial purpose;
(vi) modifying, adapting, translating or reverse engineering any part of the Website;
(vii) removing any copyright, trade mark, or other proprietary right notices contained in or on the Website; or
(viii) misrepresenting Us or the Website as being associated with content on another website, web service, software service, software or other service without Our prior permission;
(d) interfere with or construct Your own system to access the information on the Website;
(e) act in any way that violates this Agreement.
3. Intellectual Property
3.1 You acknowledge that We own all right, title and interest in and to the Website, including without limitation all intellectual property rights (Our Rights), and Our Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Website. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Website. Our Rights include rights to the Website developed and provided by Us, all software associated with the Website and the Brand Features. Our Rights do not include third-party content used as part of Website, including the content of third party advertisements or communications appearing on the Website.
4. Limitation of liability
4.1 To the extent permissible by law, We exclude any and all liability:
(a) for any failure of performance, error, omission, interruption, deletion, defect or delay in transmission or operation; or
(b) for any injury, loss or damage arising out of Our provision of the Website.
4.2 You acknowledge that We assume no liability and make no representations impliedly or expressly to assume or contribute in any form towards any costs You may incur through Your use of the Website.
4.3 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the provision of or failure to provide the Website or otherwise arising out of the Website, whether based on contract, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
4.4 You expressly agree that use of the Website is at Your own risk and is provided on as AS IS and AS AVAILABLE basis. To the extent allowed by law, Our liability for breach of a term implied into this Agreement by any law is excluded.
4.5 We give no warranty in relation to the Website. Under no circumstances are We liable or responsible in any way to You or to any other person for any loss, damage, costs, expenses, or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect, of any defect, deficiency or discrepancy in the Website, including without limitation for and in relation to any of the following:
(a) Our provision of the Website;
(b) any delay or failure in the provision of the Website;
(c) any technical or non-technical failure; or
(d) any content or information accessed via the Website.
4.6 We do not warrant the accuracy of information on the Website prepared or provided by a third party supplier.
5. Warranties and indemnity
5.1 You acknowledge that You have not relied upon or been induced by any representation by Us and We make no warranty or representation as to:
(a) the accuracy, reliability or otherwise of any information obtained through the Website (including any testimonials);
(b) the provision of the Website being uninterrupted, timely or error free; or
(c) whether Your use of the Website is legal.
5.2 You indemnify and keep indemnified Us and Our officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon Your use of the Website and any breach of any warranty or other term of this Agreement.
6.1 We reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following:
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce this Agreement, including investigation of breaches or potential breaches of it;
(c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam);
(d) respond to user support requests; and
(e) protect the rights, property or safety of Us, Our users and the public.
7. Dispute Resolution
7.1 Any dispute, controversy or claim arising out of or in connection with this Agreement which has not been resolved by negotiation within 90 days, including (without limitation) any question regarding the existence, validity, breach or termination of this Agreement must first be the subject of arbitration, administered by the Australian Commercial Disputes Centre Limited (ACDC) conducted and held in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law in force at the date of this Agreement.
7.2 The arbitrator must be agreed between the parties from a panel suggested by ACDC or failing agreement, an arbitrator appointed by the Secretary General of ACDC.
7.3 The arbitration must be conducted and held in accordance with and subject to the laws of New South Wales.
7.4 Any arbitration proceedings must be held in Sydney.
8. Governing Law
8.1 The law in force in New South Wales governs this Agreement. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with this Agreement. You irrevocably waive any objection You may now or in the future have to the venue of any proceedings, and any claim You may now or in the future have that any proceedings have been brought in an inconvenient forum where that venue falls within New South Wales.