LawAlert.info Terms of Use
All Users of the Website "LawAlert.info", by their use of the website, agree to be bound by these Terms of Use. All information is provided in good faith, with no liability for inaccuracies. Contact LawAlert.info for any queries or to advise of any errors.
1. REGISTRATION
A person who wishes to be a Subscriber on LawAlert must apply for registration by completing the sign-up form on the website. By submitting the sign-up form the person and their agents agree to be bound by these Terms of Use. In completing and submitting the registration form the User will warrant that all information in the registration form is accurate, true and complete.
LawAlert has the right to accept or reject, for any reason, any lodgement of an application from a person who wishes to be a User on LawAlert.info.
2. SERVICE
LawAlert provides a free notification service providing email alerts when legislative changes have been detected electronically by our legislation crawler software.
While LawAlert will use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week, it does not make any representations or warranties that access will be uninterrupted or error free. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond LawAlert's control. LawAlert reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time. Users are not permitted to transfer any services or features provided by LawAlert to any other person for commercial purposes.
3. RELATIONSHIP
The User and LawAlert are independent contractors with respect to each other and no agency, partnership, joint venture or employment relationship is intended or created.
4. SECURITY AND ACCESS
The User acknowledges that it:
is responsible for maintaining the confidentiality and security of its LawAlert username and password (and acknowledges that it is solely responsible for all actions which take place using it's username and password);
is wholly responsible for all activities that occur under its LawAlert username and password;
agrees to immediately notify LawAlert of any unauthorised use of its LawAlert username or password; and
must ensure that it exits from the LawAlert account at the end of each session.
LawAlert may at any time request a form of identification to verify the User's identity and/or compliance with the Terms of Use.
5. TERMINATION, SUSPENSION AND LIMITATION TO ACCESS
LawAlert at any time, without limitation reserves the right to without limiting the User's responsibilities under the Terms of Use, permanently or temporarily restrict or terminate the User's access to the Website for any reason by providing notice to the User by email (however, notice is not required where the User is in breach of the Terms of Use).
6. LIABILITY
The User acknowledges that it uses the Website at its own risk. LawAlert will not be liable to the User or any person for any incidental or consequential damages (including, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information) arising in connection with use of the Website or a Linked Website.
For the avoidance of doubt, LawAlert is not liable for any damage to a User's computer or system or any interference which may occur in connection with any use of the Website or any other Linked Website. Users must take their own safety precautions to ensure that items they select for their use from the Website are virus free and free from all corruption software or code (including, worms) which may interfere with or damage the operations of their computer system.
LawAlert does not guarantee the accuracy or timeliness of the data provided within the Website or Email Notification Service. LawAlert excludes all liability for any Loss incurred in affiliation to these.
The User acknowledges that it releases and indemnifies LawAlert (and its employees and agents) against all actions, claims and demands including the cost of defending or settling any action, claim or demand which may be instituted against LawAlert arising from the User's use of the Website, a breach of the Terms of Use, or the negligence of the User, its agents, employees or subcontractors or any other person for whose acts or omissions it is liable. As LawAlert is not involved in the transactions between Users, this release and indemnity applies without limitation to disputes arising between Users.
In the event that LawAlert's liability cannot be excluded by law, the maximum damages payable by LawAlert will be limited in the case of a User, to the invoiced fees paid by the User in that calendar month, if applicable.
7. AMENDMENT TO TERMS
LawAlert may from time to time, change or add to the Website, these Terms of Use, the information, products or services (including pricing) without any notice in which case, an amended version including the changes will be posted on the Website. The User acknowledges that LawAlert will endeavour to keep the Website up to date, but LawAlert will not be liable if any errors occur regarding any information contained on the Website and if that information is not up-to-date. The User acknowledges it is responsible for regularly reviewing the Terms of Use and hereby agrees that any use of the Website after any changes are made to the Terms of Use, will be deemed to constitute an acceptance of those changes. If the User objects to or is dissatisfied with any changes made to the Terms of Use, they may either discontinue use of the Website and/or terminate any existing agreement with LawAlert.
8. DATA MANAGEMENT SECURITY
The LawAlert website is hosted in a secure data centre with 24 hour surveillance. We have implemented a range of intrusion & fraud detection systems to alert our administrators in the event of a security breach.
9. DOES LawAlert USE "COOKIES" ?
SESSION COOKIES
We offer certain features that are only available through the use of a cookie. You're always free to decline cookies if your browser permits. However, if you decline cookies, you may not be able to use certain features on the Website, and therefore your user experience may be affected.
LawAlert uses session cookies to enable Users to make full use of the Website. The session cookie is a tiny text file stored on the Website, identified by a random number (SessionID) that is automatically generated by the Website. The SessionID is stored on the User's computer, which is transmitted to the website whenever they visit a page. The session cookie allows LawAlert to authenticate User's when they login and track their preferences. The session cookie will automatically expire after 24 hours. The only information that is obtained from the User is their IP address, which is stored to assist the Police with fraud investigation if required. Please note that the session cookie allows the User to remain logged in to the site - LawAlert recommends that the User leaves the Website by clicking on the logout button if applicable, as this will close their login on the Website. This is useful in preventing other people from using the User's login on their PC without their knowledge.
PERSISTENT COOKIES
To help improve the quality of the Website and the services we provide, LawAlert also utilises "persistent cookies" which are longer term cookies designed to store user preferences and website specific variables. Persistent cookies are stored on the User's computer. We do not store personal information in cookies. The use of "cookies" allows information about use of the Website to be collected by LawAlert to provide more customised services to the User on subsequent visits to the Website. This makes navigating the Website more efficient for the User. The use of "cookies" is a standard industry practice.
THIRD PARTY COOKIES
LawAlert uses Google, a third-party ad serving and web analytics technology, to serve ads and analyse the traffic patterns of the Website. LawAlert does not permit Google to collect any personal information through the use of cookies. Please visit Google's website (www.google.com) for more information about its business practices and privacy policies.
10. PRIVACY POLICY All Personal Information provided to LawAlert will be treated in accordance with LawAlert's Privacy Policy. Subject to LawAlert's obligations under its Privacy Policy the User grants LawAlert the right to communicate with the User by email to notify the User of any new features or law related information and services that may be relevnt to the User. The User warrants that they have the right to grant LawAlert such rights.
LawAlert respects each User's privacy and will not sell or disclose any Personal Information to third parties unless:
the information is in the public domain (but not because of a breach of this policy);
disclosure is required by law, legal proceedings or a regulatory body;
it is to LawAlert's employees and agents, the User's authorised representatives, LawAlert's professional advisers or credit-reporting agencies (with the User's approval);
it is necessary for LawAlert or User to protect their rights;
it is to improve the products, services, systems and infrastructure offered by LawAlert; or
the User acknowledges that LawAlert may disclose their Personal Information.
11. TRADEMARK AND COPYRIGHT
All logos, designs, trademarks and content displayed on the Website are copyright (c) LawAlert.info, with the exception of the legislative data for which the copyright is controlled by the respective data sources.
All the intellectual property rights on LawAlert.info are the sole property of LawAlert. Users must not in any form or by any means:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise any information, products or services obtained from any part of the Website, without LawAlert's prior written consent, other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) including the download or printing of legislation for private or non-commercial use.
If LawAlert's trade mark is used in reference to it's activities, products or services, a statement attributing that trade mark to it must also be used. Users must not use LawAlert's trade mark:
in whole or part of their own trade marks;
in association with products or services which are not LawAlert's;
in a misleading or deceptive manner;
in a manner that discredits LawAlert, it's information, products or services including the Website.
12. LINKED WEBSITES
The Website contains links to other websites not maintained or controlled by LawAlert and such sites form no part of the LawAlert site and are provided solely for convenience (and may not be current or maintained). LawAlert makes no representations or warranties regarding third party websites, and does not endorse, approve or recommend those other websites for any information, products or services referred to on them, and accepts no responsibility for their content.
13. ADVERTISING
The Website may contain advertisements for other services. The appearance of advertisements on the Website will not be construed as any endorsement, approval, recommendation, or preference by LawAlert of the advertisers, or for any information, products or services advertised.
14. GENERAL
LawAlert's failure or delay to exercise a right, power or remedy does not operate as a waiver of that right, power or remedy.
If any term is prohibited by or rendered unlawful or unenforceable under any law applied by a court of competent jurisdiction that term will be severed and deemed to be replaced with a provision or provisions which are not unlawful or unenforceable and which so far as is possible achieves the same economic or other benefit or protection for LawAlert which the severed part was intended to achieve.
The Terms and Conditions remaining to be performed or capable of having future operation (including any indemnity, warranty or obligation of confidence) continue in force although these terms have otherwise been fully performed or terminated.
The Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. LawAlert and the Users irrevocably and unconditionally submit to exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts in respect of any litigation involving the Terms and Conditions or Policies.
15. DEFINITIONS
The following definitions apply in the Terms of Use.
"Loss" means any loss, damage, cost or expense however caused, including through negligence which may be directly or indirectly suffered by any person.
"Advertiser" means any entity that offers goods or services for sale or rent, solicit funds, etc., by means of advertisements, banners or any other commonly known method of communication to potential customers or, LawAlert website visitors on the LawAlert website at www.LawAlert.info or LawAlert's other marketing channels such as E-mail lists and any other commonly know method of marketing online and offline.
"Linked Websites" means websites of people other than LawAlert.info which are hyperlinked from the Website.
"Personal Information" means information from which a User's identity is made apparent.
"LawAlert" means LawAlert.info.
"Subscriber" means any person who has signed up to the LawAlert email notification service.
"Terms of Use" means the terms of use applicable to all Users of the Website.
"User" means any person who accesses the Website, including LawAlert Website Visitors, Subscribers and Advertisers.
"Website" means the whole or any part of the web pages located at www.LawAlert.info including the layout of this website, individual elements of design, underlying code elements, text, sounds, graphics, animation or any other content contained in this website.
16. INTERPRETATION
In this document, unless the contrary intention appears:
(a) words importing any gender includes the other gender and the singular includes the plural, and vice versa; and
(b) a reference to a person includes a natural person, partnership, corporation, body corporate, association, governmental or local authority or agency or other entity.
1. REGISTRATION
A person who wishes to be a Subscriber on LawAlert must apply for registration by completing the sign-up form on the website. By submitting the sign-up form the person and their agents agree to be bound by these Terms of Use. In completing and submitting the registration form the User will warrant that all information in the registration form is accurate, true and complete.
LawAlert has the right to accept or reject, for any reason, any lodgement of an application from a person who wishes to be a User on LawAlert.info.
2. SERVICE
LawAlert provides a free notification service providing email alerts when legislative changes have been detected electronically by our legislation crawler software.
While LawAlert will use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week, it does not make any representations or warranties that access will be uninterrupted or error free. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond LawAlert's control. LawAlert reserves the right to change or discontinue any service or feature on the Website in whole or in part at any time. Users are not permitted to transfer any services or features provided by LawAlert to any other person for commercial purposes.
3. RELATIONSHIP
The User and LawAlert are independent contractors with respect to each other and no agency, partnership, joint venture or employment relationship is intended or created.
4. SECURITY AND ACCESS
The User acknowledges that it:
is responsible for maintaining the confidentiality and security of its LawAlert username and password (and acknowledges that it is solely responsible for all actions which take place using it's username and password);
is wholly responsible for all activities that occur under its LawAlert username and password;
agrees to immediately notify LawAlert of any unauthorised use of its LawAlert username or password; and
must ensure that it exits from the LawAlert account at the end of each session.
LawAlert may at any time request a form of identification to verify the User's identity and/or compliance with the Terms of Use.
5. TERMINATION, SUSPENSION AND LIMITATION TO ACCESS
LawAlert at any time, without limitation reserves the right to without limiting the User's responsibilities under the Terms of Use, permanently or temporarily restrict or terminate the User's access to the Website for any reason by providing notice to the User by email (however, notice is not required where the User is in breach of the Terms of Use).
6. LIABILITY
The User acknowledges that it uses the Website at its own risk. LawAlert will not be liable to the User or any person for any incidental or consequential damages (including, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information) arising in connection with use of the Website or a Linked Website.
For the avoidance of doubt, LawAlert is not liable for any damage to a User's computer or system or any interference which may occur in connection with any use of the Website or any other Linked Website. Users must take their own safety precautions to ensure that items they select for their use from the Website are virus free and free from all corruption software or code (including, worms) which may interfere with or damage the operations of their computer system.
LawAlert does not guarantee the accuracy or timeliness of the data provided within the Website or Email Notification Service. LawAlert excludes all liability for any Loss incurred in affiliation to these.
The User acknowledges that it releases and indemnifies LawAlert (and its employees and agents) against all actions, claims and demands including the cost of defending or settling any action, claim or demand which may be instituted against LawAlert arising from the User's use of the Website, a breach of the Terms of Use, or the negligence of the User, its agents, employees or subcontractors or any other person for whose acts or omissions it is liable. As LawAlert is not involved in the transactions between Users, this release and indemnity applies without limitation to disputes arising between Users.
In the event that LawAlert's liability cannot be excluded by law, the maximum damages payable by LawAlert will be limited in the case of a User, to the invoiced fees paid by the User in that calendar month, if applicable.
7. AMENDMENT TO TERMS
LawAlert may from time to time, change or add to the Website, these Terms of Use, the information, products or services (including pricing) without any notice in which case, an amended version including the changes will be posted on the Website. The User acknowledges that LawAlert will endeavour to keep the Website up to date, but LawAlert will not be liable if any errors occur regarding any information contained on the Website and if that information is not up-to-date. The User acknowledges it is responsible for regularly reviewing the Terms of Use and hereby agrees that any use of the Website after any changes are made to the Terms of Use, will be deemed to constitute an acceptance of those changes. If the User objects to or is dissatisfied with any changes made to the Terms of Use, they may either discontinue use of the Website and/or terminate any existing agreement with LawAlert.
8. DATA MANAGEMENT SECURITY
The LawAlert website is hosted in a secure data centre with 24 hour surveillance. We have implemented a range of intrusion & fraud detection systems to alert our administrators in the event of a security breach.
9. DOES LawAlert USE "COOKIES" ?
SESSION COOKIES
We offer certain features that are only available through the use of a cookie. You're always free to decline cookies if your browser permits. However, if you decline cookies, you may not be able to use certain features on the Website, and therefore your user experience may be affected.
LawAlert uses session cookies to enable Users to make full use of the Website. The session cookie is a tiny text file stored on the Website, identified by a random number (SessionID) that is automatically generated by the Website. The SessionID is stored on the User's computer, which is transmitted to the website whenever they visit a page. The session cookie allows LawAlert to authenticate User's when they login and track their preferences. The session cookie will automatically expire after 24 hours. The only information that is obtained from the User is their IP address, which is stored to assist the Police with fraud investigation if required. Please note that the session cookie allows the User to remain logged in to the site - LawAlert recommends that the User leaves the Website by clicking on the logout button if applicable, as this will close their login on the Website. This is useful in preventing other people from using the User's login on their PC without their knowledge.
PERSISTENT COOKIES
To help improve the quality of the Website and the services we provide, LawAlert also utilises "persistent cookies" which are longer term cookies designed to store user preferences and website specific variables. Persistent cookies are stored on the User's computer. We do not store personal information in cookies. The use of "cookies" allows information about use of the Website to be collected by LawAlert to provide more customised services to the User on subsequent visits to the Website. This makes navigating the Website more efficient for the User. The use of "cookies" is a standard industry practice.
THIRD PARTY COOKIES
LawAlert uses Google, a third-party ad serving and web analytics technology, to serve ads and analyse the traffic patterns of the Website. LawAlert does not permit Google to collect any personal information through the use of cookies. Please visit Google's website (www.google.com) for more information about its business practices and privacy policies.
10. PRIVACY POLICY All Personal Information provided to LawAlert will be treated in accordance with LawAlert's Privacy Policy. Subject to LawAlert's obligations under its Privacy Policy the User grants LawAlert the right to communicate with the User by email to notify the User of any new features or law related information and services that may be relevnt to the User. The User warrants that they have the right to grant LawAlert such rights.
LawAlert respects each User's privacy and will not sell or disclose any Personal Information to third parties unless:
the information is in the public domain (but not because of a breach of this policy);
disclosure is required by law, legal proceedings or a regulatory body;
it is to LawAlert's employees and agents, the User's authorised representatives, LawAlert's professional advisers or credit-reporting agencies (with the User's approval);
it is necessary for LawAlert or User to protect their rights;
it is to improve the products, services, systems and infrastructure offered by LawAlert; or
the User acknowledges that LawAlert may disclose their Personal Information.
11. TRADEMARK AND COPYRIGHT
All logos, designs, trademarks and content displayed on the Website are copyright (c) LawAlert.info, with the exception of the legislative data for which the copyright is controlled by the respective data sources.
All the intellectual property rights on LawAlert.info are the sole property of LawAlert. Users must not in any form or by any means:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or
(b) commercialise any information, products or services obtained from any part of the Website, without LawAlert's prior written consent, other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) including the download or printing of legislation for private or non-commercial use.
If LawAlert's trade mark is used in reference to it's activities, products or services, a statement attributing that trade mark to it must also be used. Users must not use LawAlert's trade mark:
in whole or part of their own trade marks;
in association with products or services which are not LawAlert's;
in a misleading or deceptive manner;
in a manner that discredits LawAlert, it's information, products or services including the Website.
12. LINKED WEBSITES
The Website contains links to other websites not maintained or controlled by LawAlert and such sites form no part of the LawAlert site and are provided solely for convenience (and may not be current or maintained). LawAlert makes no representations or warranties regarding third party websites, and does not endorse, approve or recommend those other websites for any information, products or services referred to on them, and accepts no responsibility for their content.
13. ADVERTISING
The Website may contain advertisements for other services. The appearance of advertisements on the Website will not be construed as any endorsement, approval, recommendation, or preference by LawAlert of the advertisers, or for any information, products or services advertised.
14. GENERAL
LawAlert's failure or delay to exercise a right, power or remedy does not operate as a waiver of that right, power or remedy.
If any term is prohibited by or rendered unlawful or unenforceable under any law applied by a court of competent jurisdiction that term will be severed and deemed to be replaced with a provision or provisions which are not unlawful or unenforceable and which so far as is possible achieves the same economic or other benefit or protection for LawAlert which the severed part was intended to achieve.
The Terms and Conditions remaining to be performed or capable of having future operation (including any indemnity, warranty or obligation of confidence) continue in force although these terms have otherwise been fully performed or terminated.
The Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia. LawAlert and the Users irrevocably and unconditionally submit to exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts in respect of any litigation involving the Terms and Conditions or Policies.
15. DEFINITIONS
The following definitions apply in the Terms of Use.
"Loss" means any loss, damage, cost or expense however caused, including through negligence which may be directly or indirectly suffered by any person.
"Advertiser" means any entity that offers goods or services for sale or rent, solicit funds, etc., by means of advertisements, banners or any other commonly known method of communication to potential customers or, LawAlert website visitors on the LawAlert website at www.LawAlert.info or LawAlert's other marketing channels such as E-mail lists and any other commonly know method of marketing online and offline.
"Linked Websites" means websites of people other than LawAlert.info which are hyperlinked from the Website.
"Personal Information" means information from which a User's identity is made apparent.
"LawAlert" means LawAlert.info.
"Subscriber" means any person who has signed up to the LawAlert email notification service.
"Terms of Use" means the terms of use applicable to all Users of the Website.
"User" means any person who accesses the Website, including LawAlert Website Visitors, Subscribers and Advertisers.
"Website" means the whole or any part of the web pages located at www.LawAlert.info including the layout of this website, individual elements of design, underlying code elements, text, sounds, graphics, animation or any other content contained in this website.
16. INTERPRETATION
In this document, unless the contrary intention appears:
(a) words importing any gender includes the other gender and the singular includes the plural, and vice versa; and
(b) a reference to a person includes a natural person, partnership, corporation, body corporate, association, governmental or local authority or agency or other entity.