Terms & Conditions
1. These terms and conditions relate to https://westernrocklobster.org/ (the Website).
2. The Website it operated by Western Rock Lobster Inc (WRL) (ABN 25 938 811 829). By viewing and using the Website and its information you are agreeing to the Terms and Conditions identified in this document.
3. Definitions
a. References to ‘We/Us/Our’ relates to WRL its subsidiaries, affiliates, employees, officers, agents or assigns.
b. References to ‘You’ mean the user of the Website.
4. Use
a. By using this website, You agree to the following :
i. You will use the Website only for the purposes that are permitted by:
1. The Terms and Conditions; and
2. Any applicable law, regulation or generally accepted practises or guidelines in the relevant jurisdiction;
ii. You have the sole responsibility for protecting the confidentiality of any information you provide to WRL pursuant to your use of the Website;
iii. You will not use the Website for any illegal and/or unauthorised use.
5. Intellectual property and copyrights
a. The Website, and all of its content are subject to copyright and is protected by copyright under the laws of Australia. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to creative works, information, text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes and reserved by WRL or its contributors.
b. WRL retains all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer any:
i. Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright; or
ii. A right to use or exploit a business name, trading name, domain, trademark, or industrial design; or
iii. A thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system or process), to you.
6. Disclaimer and Limitation of Liability
a. WRL takes no responsibility for the accuracy, suitability, or currency of any information or statements on the Website (including third party material and advertisements on the Website). Statements made are by way of general comments. You should satisfy yourself as to their accuracy. You should consult an appropriately qualified adviser for advice on any specific question or problem.
b. Whilst every effort is made to ensure that the Website does not contain any error, defect, malfunction or corruption, WRL does not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any content made available via the Website.
c. We accept no liability for loss or damage arising out of or in connection to your use of links to third party websites. You acknowledge and accept that We shall not be responsible for any damages, loss, costs or expenses arising from the use of such third party websites, or products or services available through such third party websites.
d. Without affecting the above statements, and except as expressly stated in these Terms and Conditions, We disclaim, as far as the law allows, all warranties and representations, express or implied, in respect of any of the content, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.
e. WRL and its employees and agents accept no liability for any indirect or consequential loss or damage or for any loss of data, profit, business, revenue or anticipated savings (whether direct or indirect) that arise out of or that are related to the use of this Website or its content.
f. Nothing in these Terms shall exclude or limit any liability that cannot be limited or excluded by law.
7. Indemnity
a. You agree to indemnify WRL, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
i. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Website;
ii. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
iii. any breach of the Terms and Conditions.
8. Information Collection
a. Information you have provided us with, or that We have collected and retained relating to your use of the Website is governed by our Privacy Policy. By using this Website you are agreeing to the Privacy Policy.
9. Dispute Resolution
a. If a dispute arises out of or relates to the Terms and Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
b. Notice
i. A party to the Terms and Conditions claiming a dispute (‘Dispute’) has arisen under the Terms and Conditions, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (‘Notice’).
ii. On receipt of the Notice, the parties to the Terms and Conditions (‘Parties’) must:
1. Within 30 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Western Australia;
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. The mediation will be held in Perth, Western Australia.
e. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
f. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Termination
a. The Terms and Conditions are effective until terminated by WRL. WRL may terminate this agreement, and/ or your access to the Website at any time without notice, including but not limited to, for breach of these Terms and Conditions. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses and waivers granted by you and all WRL disclaimers and limitations of liability set out in these Terms and Conditions (as amended) will survive.
11. Confidentiality
a. All personal information you give us will be dealt in accordance with our Privacy Policy. However, due to circumstances outside of our control, We cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
12. Future Modifications
a. You acknowledge and accept that We may, from time to time, alter, suspend or discontinue any aspect of the Website or the content available through it, as We think fit and without notice to you.
b. Further, We may alter the Terms from time to time. If We do so, the updated version will be effective as soon as it is uploaded to this site. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that We have made to these Terms and Conditions. By continuing to use the Website, following any amendments to the Terms and Conditions, you indicate agreement to such amendments.
c. You accept that you will have no claim for breach of contract or otherwise in respect of such alterations to the Website or these Terms and Conditions.
13. Governing Law
a. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Western Australia.
b. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
14. Independent Legal Advice
a. You declare that the provisions of the Terms are fair and reasonable and that you have taken the opportunity to obtain independent legal advice.
15. Severance
a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
