1.1. The following terms and conditions govern all use of the French Australian Lawyers Society Inc. (“FALS”) website and content, services and products available at or through the website (taken together the “website”). The website is owned and operated by FALS.
1.2. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including FALS’ Privacy Policy) and procedures that may be published from time to time on this site by FALS (collectively, the “Agreement”).
1.3. Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any services. If these terms and conditions are considered an offer by FALS, acceptance is expressly limited to these terms.
2.1. Copyright (c) FALS.
2.2. Subject to the express provisions of these terms and conditions:
(a) FALS, together with our licensors, own and control all the copyright and other intellectual property rights in the website and the material on the website; and
(b) All the copyright and other intellectual property rights in the website and the material on the website are reserved.
3.1. You may:
(a) view pages from the website in a web browser;
(b) download pages from the website for caching in a web browser;
(c) print pages from the website;
(d) stream audio and video files from the website;
(e) use the website services by means of a web browser; and
(f) download, save, print, republish, or redistribute pages advertising FALS’ events,
subject to the other provisions of these terms and conditions.
3.2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the website or save any such material to your computer.
3.4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the website.
3.5. Except as expressly permitted by these terms and conditions, or if you own or control the relevant rights in the material, you must not:
(a) republish material from the website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) exploit material from the website for a commercial purpose; or
(e) redistribute material from the website.
3.6. Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7. FALS reserves the right to restrict access to areas of the website, or indeed the whole website, at its discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4.1. You must not:
(a) use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) use the website to distribute or make available illegal, offensive, pornographic or confidential material;
(e) use the website to defame, harass or abuse anyone or violate their privacy;
(f) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without the express written consent of FALS;
(g) access or otherwise interact with the website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(h) violate the directives set out in the robots.txt file for the website; or
(i) use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2. You must not use data collected from the website to contact individuals, companies or other persons or entities.
4.3. You must ensure that all the information you supply to FALS through the website, or in relation to our website, is true, accurate, current, complete and not misleading.
5.1. You may register for an account with the website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
5.2. You must not allow any other person to use your account to access the website.
5.3. You must notify FALS in writing immediately if you become aware of any unauthorised use of your account.
5.4. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
6.1. If you register for an account on the website, you will be asked to choose a user ID and password.
6.2. Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person.
6.3. You must keep your password confidential.
6.4. You must notify FALS in writing immediately if you become aware of any disclosure of your password.
6.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7.1. FALS may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2. You may cancel your account on our website using your account control panel on the website.
8.1. FALS does not guarantee or warrant that any materials posted on the website (including computer software) are accurate, complete, non-harmful, free from errors or suitable for any particular purpose.
8.2. By operating the website, FALS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, complete, useful, non-harmful, free from errors or suitable for any particular purpose. The content on this website is for informational purposes only. You are solely responsible for deciding whether any materials on the website are appropriate for your particular purposes.
8.3. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content with technical inaccuracies, typographical mistakes, or other errors.
8.4. To the extent permitted by law, FALS disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
9.1. FALS has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FALS links and that link to FALS. Such websites and webpages may have their own terms of use and privacy policy.
9.2. FALS does not have any control over those non-FALS websites and webpages. FALS is not responsible for their contents or their use. By linking to a non-FALS website or webpage, FALS does not represent or imply that it endorses such website or webpage. If you choose to access such links, you do so at your own risk.
9.3. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
9.4. To the extent permitted by law, FALS disclaims any responsibility for any harm resulting from your use of non-FALS websites and webpages.
10.1. This Agreement does not transfer from FALS to you any FALS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FALS or the third party licensor (as applicable).
10.2. FALS, FALS’ website and FALS’ logo, and all other trademarks, service marks, graphics and logos used in connection with FALS, or the website are trademarks or registered trademarks of FALS or FALS’ licensors.
10.3. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any FALS or third-party trademarks.
11.1. FALS does not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or the service on the website will remain available.
11.2. FALS reserves the right to discontinue or alter any or all of the website services, and to stop publishing information on our website, at any time in FALS ’s sole discretion without notice or explanation. Save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if FALS stops publishing information on the website.
11.3. To the maximum extent permitted by applicable law and subject to Clause 11.1, FALS excludes all representations and warranties relating to the subject matter of these terms and conditions, the website and the use of the website.
12.1. To the extent that the website and the information and services on the website are provided free of charge, FALS will not be liable for any loss or damage of any nature.
12.2. FALS will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.3. FALS will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill or for any amounts that exceed the fees paid by you to FALS under this Agreement during the twelve (12) month period prior to the cause of action.
12.4. FALS will not be liable to you in respect of any loss or corruption of any data, database or software.
12.5. FALS will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.6. You accept that FALS has an interest in limiting the personal liability of their officers, employees and members and, having regard to that interest, you acknowledge that FALS is a not-for-profit and independent association. You agree that you do not have and will not have any claim personally against our officers, employees or members in respect of any losses you suffer in connection with the website or these terms and conditions.
13.1. You represent and warrant that your use of the website will be in strict accordance with FALS’ Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside).
13.2. You also represent and warrant that your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
14.1. You agree to indemnify and hold harmless FALS, its contractors, and its licensors, and their respective officers, employees, members and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
15.1. Without prejudice to FALS’ other rights under these terms and conditions, if you breach these terms and conditions in any way, or if FALS reasonably suspects that you have breached these terms and conditions in any way, FALS may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) suspend or delete your account on our website.
15.2. Where FALS suspends or prohibits or blocks your access to the website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including creating and/or using a different account).
16.1. FALS may revise these terms and conditions from time to time.
16.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
16.3. FALS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. FALS may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
17.1. You hereby agree that FALS may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.1. Subject to Clause 12.1, these terms and conditions shall constitute the entire agreement between you and FALS in relation to your use of the website and shall supersede all previous agreements between you and FALS in relation to your use of the website.
20.1. These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.
20.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
21.1. This website is owned and operated by FALS.
21.2. FALS is a not-for-profit and independent association in Australia, and our mailing address is Suite 2, 52 Spring Street Bondi Junction, NSW 2022 Australia.
21.3. Our principal place of business is at Suite 2, 52 Spring Street, Bondi Junction, NSW 2022, Australia
21.4. You can contact FALS:
(a) by post, using the postal address given above;
(b) using the website contact form;
(c) by telephone, on the contact number published on the website; or
(d) by email, using the email address published on the website.