TERMS OF USE
Welcome to our website. Koffels Pty Ltd,
Koffels Solicitors and Barristers and RKS Services Pty Limited (hereafter referred to as Koffels) maintain this website. By proceeding
past the Home Page and using our website, you are acknowledging
that you have read and understood, and that you agree to comply
with and be bound by, these terms of use ("Terms of Use").
You also agree to comply with all laws and regulations applicable
to the use of this website, to the use of the Internet, and to the
activities involved in using this website. Please review the following
terms carefully.
Compliance with Law
This website is owned by RKS Services Pty Limited. Visitors who
choose to use this website do so on their own initiative and are
solely responsible for compliance with all laws, rules and regulations
-- federal, state, local or foreign -- applicable to the use of
this website and the information, content, material and services
contained herein.
Venue and Jurisdiction
Claims relating to this website, to the use of this website, and
to the information, content and material available through this
website are governed by the local laws of the State of New South
Wales and the federal laws of Australia, as applicable. You hereby
unconditionally, voluntarily and irrevocably consent to submit to
the exclusive jurisdiction of the state and federal courts situated
in Sydney in New South Wales, Australia in any claim or dispute
concerning, relating to, or arising from this website and any information
received through this website. You agree not to plead forum non
conveniens in any such action and you consent to service of process.
Member and Visitor On-line Conduct
- You agree to use this website only for lawful purposes.
- You agree to use this website only for its intended purposes.
- Koffels reserves the right to prohibit any conduct involving
this website that it deems to be inappropriate.
- You agree not to disrupt this website.
- You agree not to interfere with or compromise the security of
this website, or any computer, server, account, network, data,
software and/or hardware associated with this website.
- You agree not to disrupt or interfere with any other visitor's
use of this website.
- You agree not to attempt to obtain access to any portion of
this website, any computer, server, account, network, software
and/or hardware associated with the website, from which you are
restricted.
- You agree that you are solely responsible for any actions you
undertake while visiting this website and that you will comply
with all applicable local, state, national and international laws
and regulations applicable to this website and the Internet, including
all applicable copyright and export regulations.
- You warrant that all information that you provide to gain access
to the information provided by this website is accurate and truthful.
Copyright, Trademark and Intellectual Property
All information, content and material ("Content") comprising
or made available by Koffels through this website (including, without
limitation, any computer source or object code comprising this website)
is owned by or licensed to Koffels, which retain all rights in this
Content.
All Content, including, but not limited to the website design,
text, drawings, photographs, graphics, sound recordings and video
recordings, are protected by copyrights owned by Koffels and their
licensors. The Content and any and all such copyrighted material
may not be modified, copied, distributed, downloaded, displayed,
e-mailed, transmitted, sold or otherwise transferred, conveyed or
used in any form or by any means, in whole or in part, without the
prior written consent of the respective copyright owner.
Koffels grants you permission to display, copy, distribute, print
and/or download the Content on this website for your personal, non-commercial
use only. Except as expressly authorized by the Koffels, if you
display, copy, distribute, print and/or download the Content on
this website, you may not modify such Content, and you must retain
all copyright and other proprietary notices contained in the Content.
The permission granted herein terminates automatically if you breach
these Terms of Use. Upon termination of the permission, you must
immediately and permanently delete and destroy any Content you displayed,
copied, distributed, printed and/or downloaded.
Koffels, the Koffels logo, and www.koffels.com.au are either registered
trademarks, trademarks, trade names, service marks, or otherwise
protected property of Koffels and may not be used, copied or imitated
without the prior written consent of Koffels.
Koffels' intellectual property may not be used in connection with
any information that is not provided by Koffels. Koffels' intellectual
property may not be used in any manner that is likely to cause confusion
among consumers or in any manner that disparages Koffels. Other
trademarks, trade names, company names, service marks and otherwise
protected property displayed on this website are the property of
their respective owners and are subject to the terms and conditions
applied by those owners to their intellectual property.
The compilation of the Content on this website is the exclusive
property of Koffels and is protected by Australian and International
copyright law.
You may not mirror any Content contained in this website or any
other website or server.
Copyright Act, Transmission of Third Party Content
You may not copy, print, download, upload, post or otherwise distribute
on this website anything protected by copyright or other proprietary
rights unless the owner of the applicable copyright or proprietary
right has given you express authorization for such copying, printing,
downloading, uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of
Content protected by copyright or other proprietary rights is illegal
and may subject the person violating such rights to civil penalties
and criminal prosecution.
Koffels its officers, directors, employees, agents, administrators
and any such similarly situated persons or entities are not liable
for damages caused by any infringement resulting from your actions
involving copyrighted or proprietary right protected material.
Koffels, pursuant to the Copyright Act, will receive complaints
and notices of suspected copyright infringements. If you believe
that your work has been copied and is accessible on Koffels' website
in a way that constitutes infringement, you may notify Koffels by
providing them the following information:
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been
infringed, including the URL (i.e. web page address) of the location
where the copyrighted work exists or a copy of the copyrighted
work;
3. Identification of the URL or other specific location on Koffels'
website where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
6. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or are authorized to act on the copyright
owner's behalf.
You are prohibited from copying, downloading, uploading, posting
or otherwise distributing on this website any unlawful, threatening,
obscene, improper, intimidating, libelous, defamatory or slanderous
comments, jokes, images or content that are intended to or are likely
to offend a reasonable person on the basis of his or her age, physical
or mental disability, gender, race, religion, national origin, physical
attributes, or any other classification that could produce any civil
or criminal liability for either yourself or for Koffels, its employees,
agents or any such similarly situated persons or entities.
Ownership of Third Party Content
Koffels may display Content supplied by visitors and other third
parties on its website. The Content supplied by visitors and other
third parties belongs to the respective owners of that Content.
KOFFELS, ITS EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED
PERSONS OR ENTITIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD
PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss,
damage or harm caused by your or anyone else's reliance on Content
available on this website that is the property of visitors or third
parties. You are solely responsible for evaluating and acting on
any Content available on this website.
Editing, Deleting and Modification
We reserve the right in our sole discretion to change, suspend
or discontinue any feature, aspect, product or service available
through this website at any time. Koffels may alter the availability
of any feature of this website or service related to any feature
of this website at any time. Koffels may add, remove or modify any
content of this website, including that of third parties, at any
time.
Indemnification
You agree to indemnify, defend and hold Koffels and its employees,
staff and affiliates (collectively "Affiliated Parties")
harmless from any damages, liability, loss, claim and expense, including
legal fees, related to your violation of these Terms of Use as a
result of your providing inaccurate or untruthful information to
gain access to the services provided through this website.
Nontransferable
Your right to use the website is not transferable. Any password
or right given to you to obtain information or documents is not
transferable.
Disclaimer
This website is provided "AS-IS," and "AS AVAILABLE."
The parties agree that, notwithstanding anything contained herein
to the contrary, Koffels makes no representations or warranties
of any kind, express or implied, concerning the operation of this
website, the content, information and/or services available on or
through this website.
YOU AGREE TO VISIT THIS WEBSITE AND TO USE THIS WEBSITE AND ANY
CONTENT AND INFORMATION AVAILABLE THROUGH THIS WEBSITE SOLELY AT
YOUR OWN RISK.
We do not warrant that this website will be available at all times
or that a visitor's use will be continuous and/or error free.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT AND/OR INFORMATION
AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.
Koffels disclaims, to the maximum extent permissible, all warranties,
express or implied, including but not limited to implied warranties
of fitness for a particular purpose and implied warranties of merchantability.
Limitation of Liability
KOFFELS AND ITS AFFILIATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS
WEBSITE.
Neither Koffels, nor any of our affiliated parties, nor any other
party involved in creating, producing, serving, hosting, maintaining
and/or updating this website shall be liable, under any circumstances
for any damages, including but not limited to direct indirect, incidental,
punitive, and/or consequential damages, and including but not limited
to damages arising from mistakes, omissions, interruptions, deterioration
or corruption of files, deletion or corruption of e-mail, errors,
loss of data, loss of profits, defects, viruses, and/or delays,
that result from your use of or inability to use this website, resulting
from any acts or omissions, including but not limited to acts of
God, network failure, hardware or software failure, theft unauthorised
access, our negligence or your own errors or omissions, and any
other cause, even if Koffels has been advised of the possibility
of such damages. You agree that this section applies to all content
and goods available through this website.
In any jurisdiction where exclusion or limitation of liability
for any type of damages is prohibited, Koffels' liability is limited
to the maximum extent allowed by that jurisdiction.
Use of Information
We reserve the right, and you authorize us, to use and distribute
all of your personal information provided by you in the manner consistent
with our Privacy Policy. To know what privacy measures Koffels has
taken and what information we retain from your visit to Koffels'
website, please read our website Privacy Policy, which is incorporated
herein by reference.
Change of Terms
By using this website, you agree to these Terms of Use as well
as any posted changes to these Terms of Use. We reserve the right
to change these Terms of Use at any time. We ask that you review
these Terms of Use from time to time to ensure you are familiar
with the most current version of it.
Links to Other Websites
The site contains links to other third-party websites. We are not
responsible for the content, accuracy or opinions expressed in such
websites, and such websites are not investigated, monitored or checked
for accuracy or completeness by Koffels. Inclusion of any linked
website on our website does not imply approval or endorsement of
the linked website by us. If you decide to leave our website and
access these third-party or member sites, you do so at your own
risk.
Hold Harmless
You agree to indemnify, defend and hold Koffels and its Affiliated
Parties harmless from and against all damages, losses, costs and
expenses that Koffels or any of its Affiliated Parties may incur
as a result of your use of this website or your use of the Content
and other information available through this website.
Severability
If any provision of these Terms of Use is held invalid or unenforceable
in whole or in part in any jurisdiction, that provision shall be
ineffective in that jurisdiction without affecting the validity
of enforceability of the remaining provisions of these Terms of
Use.
Headings of the Terms of Use
The section headings used in these Terms of Use are for reference
and the convenience of the readers and shall not constitute part
of these Terms of Use for interpretation purposes.
Integration Clause
These Terms of Use constitute the entire and only agreement between
you and Koffels, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
website, the Content, or the other information provided by or through
the website, and the subject matter hereof.
No Waiver
Koffels' failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce
such provision.
Acceptance
I understand that by using the Koffels website I am subject to
the terms and conditions set forth herein. I agree to and accept
and to be bound by all such terms and conditions.
If you do not agree to the terms and conditions herein, DO NOT
use our website.
Date of Last Update: 1 September 2001
©Koffels Pty Limited, 2001. All rights reserved.
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