Deborah Kleinert & Associates Pty Ltd
ABN 79 576 305 935
Website terms of use
Updated May 2016
1.
This website at www.thebusinessspecialist.com.au, www.deborahkleinert.com and www.deborahkleinert.com.au (“Site“) is owned and operated by Deborah Kleinert & Associates Pty Ltd as trustee for The Kleinert Family Trust trading as Deborah Kleinert & Associates ABN 79 576 305 935 (“DKA“).
2.
Via this Site, DKA provides access to materials, including but not limited to forms, policies, seminar notes, videos, manuals, resources, precedents and publications (“Materials”).
3.
By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms of Use“). Please read these Terms of Use carefully before using this Site. These Terms of Use are in addition to any terms and conditions that may apply to your membership with DKA or the sale of the Materials by DKA. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site.
4.
DKA may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.
5.
DKA reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site or Materials, without notice and without liability.
6.
DKA may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to DKA’s Online Privacy Statement. Your continued use of the Site and your provision of your personal information constitutes your approval for DKA to deal with your personal information.
7.
General access to the website is provided free of charge. However, at times we may offer website membership to enable members to access additional functionality, content and/or services or to receive our special offers.
8.
If memberships are offered, certain areas of the Site will only accessible to DKA members (“Member’s Section”).
9.
To become a member you are required to complete the application forms available on this Site. You are required to provide true and accurate information in completing this application. Failure to do so will result in the immediate termination of your membership by DKA.
10.
To access the Member Section, you will need to enter your Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site, which occur under your Member ID and password.
11.
DKA reserves the right to terminate your membership or disable access to the Member’s Section at any time without notice or liability.
12.
You may terminate your membership at any time by emailing DKA at [email protected].
13.
Upon our request, you agree to provide us with identification and other information as we may reasonably require verifying your identity and compliance with the Terms of Use, or as may be required by any law or government agency. We may also collect and disclose information about you in the instances set out in the Privacy Policy.
14.
From time to time, you may use communication facilities, such as a blogs, forums, bulletin boards, news services and chat room offered over the website to enable you to comment on and contribute to website content (“messaging service”).
15.
Prior to publishing a comment or other content on the website you will be required to provide your name and email address.
16.
You irrevocably grant to DKA a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of DKA all moral rights in any jurisdiction.
17.
Messaging services may only be used for the limited purposes of contributing to topics we have posted for discussion in a manner, which is, in the context of the topic and audience, reasonable and appropriate, considerate and respectful.
18.
You must not use a messaging service to:
(a) provide any information or content which is misleading, deceptive or inaccurate;
(b) transmit content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred ;
(c) exploit or embarrass any person, provide any image or information about someone without their consent, impersonate someone or falsifying or deleting any author attributions, legal or other notices;
(d) promote, provide information about, cause or contribute to an activity which is unlawful or the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person;
(e) to advertise, discuss, or provide information or any other content about any products or services that are related to the adult entertainment industry or a topic/industry which is otherwise subject to legal restrictions;
(f) to advertise, offer to sell or buy any goods or services or provide professional advice for any business purpose (including in competition with the website); or
(g) to download any content that you know, or reasonably should know, cannot be legally distributed in such manner.
19.
Additional rules of use may be specified on other pages of the website.
20.
You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify DKA for any losses, costs, expenses or damages that DKA may suffer or incur as a result.
21.
DKA reserves the right – but not the obligation – to review, edit or delete any Submissions that DKA deems to be illegal, offensive or otherwise inappropriate.
22.
The website may contain links to or from other external websites not operated by us (“Linked Sites“). The Linked Sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website and/or any other negative impact it may have upon your computer.
23.
Unless otherwise specified, the Linked Sites are not under DKA’s control. The Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, DKA is not responsible for the content of any Linked Sites, or any changes or updates to such sites. DKA provides these links for your convenience only. You link to any such Linked Sites at your own risk. DKA is not a party to any transaction between you and a Linked Site. Unless specified, DKA does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
24.
DKA does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (“Information”) or that it is suitable for your intended use. The Information is provided by DKA in good faith on an “as is” basis without warranty of any kind.
25.
DKA does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
26.
DKA makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.
27.
All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
28.
Certain Information may include material from third parties.
29.
Any opinions, advice, comments or other content contributed by our third party suppliers or other website users, including our members, do not represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor.
30.
You agree that DKA is not responsible for examining or evaluating the content or accuracy of the third party material and DKA, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
31.
You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that DKA is not in any way responsible for any such use by you.
32.
You agree that you will not use the website for any of the following purposes:
(a) to bring us or the website into disrepute;
(b) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
(c) for the purpose of commercial resupply of products or services offered over or available from the website; or
(d) to harvest or otherwise collect information about others, including email addresses, or to send any junk mail or unsolicited commercial messages.
33.
You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of DKA or third party suppliers as the case may be.
34.
No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without DKA’s prior written consent. However, you may download and print these Terms of Use and the Online Privacy Statement for your personal noncommercial use.
35.
All trade marks and trade names which appear on this Site are proprietary to DKA and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
36.
The publication of DKA’s email addresses on this Site is to facilitate communications relating to the services supplied by DKA. It must not be inferred as consent by DKA to receive unsolicited commercial electronic messages.
37.
Materials available in the Member’s Section only are available for your own professional needs and not for use outside of your business field.
38.
You acknowledge and agree that all Materials are protected by copyright or other intellectual property rights and laws and remain the property of DKA or third party suppliers as the case may be.
39.
Other than for the purpose set out at clause 27 above, you may not and may not authorise any third person to:
(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Materials;
(b) modify or make any alterations, additions or amendments to any part of the Materials;
(c) create derivative works from, any content, information, software, or services obtained from the Materials;
(d) convert the Materials into an electronic format other than the one in which it was supplied;
(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Materials or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.
40.
Regardless of whether the Materials includes security technology that limits your use of the Materials you must comply with these use of Materials provisions or you may infringe copyright.
41.
None of the Materials constitute legal or professional advice.
42.
Use of the Materials by professionals does not in itself equate to compliance with applicable professional standards and regulations. You must be aware of your professional obligations. If you are not aware of your obligations, DKA, its authors and suppliers recommend that you seek advice, before using the Materials.
43.
You acknowledge that you have not made known either expressly or by implication to DKA any purpose for which you require the Materials and you have the sole responsibility of satisfying yourself that the Materials are suitable for your use.
44.
DKA does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Materials or that they are suitable for your intended use. The use of the Materials is at your own risk.
45.
DKA will use reasonable endeavours to ensure that the date a Material was last updated will be displayed on the Site or Material. It is your responsibility to check if the Material is the latest version and most up to date version of the publication.
46.
DKA does not warrant or represent that the Materials are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
47.
Materials may include material from third party authors or suppliers in which case the statements, opinions and conclusions are those of the third party authors or suppliers.
48.
You agree that DKA is not responsible for examining or evaluating the content or accuracy of the third party material and DKA, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
49.
DKA, its authors or its suppliers may make changes to Materials at any time in their sole discretion without notice or liability.
50.
DKA reserves the right to suspend, remove or disable access to the Materials at any time without notice or liability.
51.
DKA will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information or Materials on this Site. Under no circumstances will DKA be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, DKA will not be liable for those costs.
52.
Where liability cannot be excluded, any liability incurred by DKA is limited to the re-supply of the Information or Materials on the Site or the reasonable costs of having the Information or Materials re-supplied.
53.
If you become one of our clients, we will enter into a separate agreement with you in respect of the products and/or services to be provided. Fees and charges will apply as set out in that agreement. These Terms of Use are only in relation to your use of the website and our client agreement with you will prevail to the extent of any inconsistency.
54.
You may only use the website within Australia. As an individual, you must be at least eighteen years of age and an Australian resident. As a company you must be incorporated and conducting business within Australia. If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company. You must not assign sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.
55.
These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.
56.
By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
