TERMS AND CONDITIONS OF USE OF VICTORIAN REPORTS WEBSITE USE

Welcome to VICTORIAN REPORTS

This page sets out the Terms of Use (Terms) governing your use of the online service and delivery platform VICTORIAN REPORTS. These Terms also govern your participation in any discussion groups or forums on the VICTORIAN REPORTS site. The VICTORIAN REPORTS online services include software, services, materials and content available on the VICTORIAN REPORTS.

You must comply and adhere to these Terms in order to access and use Victorian Reports. If you do not agree to these Terms, you do not have the right to access or use VICTORIAN REPORTS. Your use of VICTORIAN REPORTS (and any of its constitutive features, such as email notifications) constitutes your agreement to these Terms. By using VICTORIAN REPORTS you acknowledge, accept and agree with the Terms, including the Privacy Policy, will apply to the use and treatment of your account information and your Content in accordance with these Terms.

This Agreement is between you (by which we include your servants and agents and any person otherwise acting on your behalf) and Little William Bourke Pty Limited (ABN 65 610 951 089) with its registered office at Level 22, 52 Martin Place, Sydney NSW 2000, Australia. (LWB).

You acknowledge that VICTORIAN REPORTS is in active development. You are hereby informed and you acknowledge that VICTORIAN REPORTS may not be error free and may not always operate as intended.

Change to these Terms may be made from time to time. At any time and from time to time, LWB may (without giving any reason or justification) in its sole discretion:

  • change, limit, suspend, or discontinue any aspect of VICTORIAN REPORTS, including the availability of any feature, database or content.
  • change these terms and conditions.

However, if you have given LWB a valid email address, and if sufficient time permits, LWB may notify you of these changes before making them. LWB will also announce changes on the VICTORIAN REPORTS site. If LWB does change the Terms you are free to decide to stop using the VICTORIAN REPORTS services, your continued use of VICTORIAN REPORTS after changes to the Terms take effect will constitute your agreement to the revised Terms.

Using VICTORIAN REPORTS - your general obligations

  1. To create a VICTORIAN REPORTS account you will need to provide an email address and create a password (Account Information).
  2. You must comply with these Terms and any additional acceptable use policies which LWB may issue from time to time concerning the access and use of VICTORIAN REPORTS.
  3. You must keep any passwords secure and protected and not permit unauthorised persons to use those passwords to access VICTORIAN REPORTS. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information. You will be responsible for all activities that occur under your account, including activities of others to whom you provide your Account Information.
  4. You acknowledge and agree that your Account Information is the means by which LWB identifies you for the purposes of access to VICTORIAN REPORTS and that our systems will allow anyone who provides your username and password to access your VICTORIAN REPORTS account including your Content in that account. LWB will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
  5. If you discover any unauthorised use of your VICTORIAN REPORTS account or suspect that anyone may be able to access your Content, you should immediately change your password and notify the support team at support@lwb.com.au
  6. You must not use or attempt to use VICTORIAN REPORTS:

    (a) for any unlawful purpose or in a way that breaches another person's rights, including copyright or other intellectual property rights; or

    (b) in any way which, in the reasonable opinion of LWB may damage, interfere or interrupt any part of the VICTORIAN REPORTS service or the LWB network, equipment and facilities.
  7. You agree to indemnify LWB against all costs, expenses, loss or liability that LWB may suffer resulting from your breach of these terms or your misuse of VICTORIAN REPORTS.
  8. LWB recommends that parents/teachers supervise children's access to material on the internet including material on the VICTORIAN REPORTS site.

Using VICTORIAN REPORTS - Content contributed by you

Without limiting your general obligations, you agree that the following terms and conditions will apply to any content including bookmarks, VICTORIAN REPORTSmarks, tags, comments or other material which you may upload in any format or submitted by you to the VICTORIAN REPORTS site (Content):

  1. Apart from the rights you grant to LWB in these Terms, LWB acknowledges and agrees that LWB does not obtain any right, title or interest from you under these Terms in relation to your Content.
  2. For the purpose of the operation and maintenance of the VICTORIAN REPORTS site you grant to LWB a royalty free, non-exclusive, worldwide licence of the Content to allow processing, maintenance, storage, technical reproduction, back-up, communication and related handing necessary for the operation of the VICTORIAN REPORTS service.
  3. You are solely responsible for the Content that you upload to VICTORIAN REPORTS.
  4. You warrant that your Content is your own original work, is not defamatory, does not infringe any Australian laws and that you have the right to upload that Content to VICTORIAN REPORTS and give LWB permission to use that Content in accordance with these Terms.
  5. LWB may from time to time need to contact you for administrative or verification purposes in relation to contributions submitted by you. For details of when and how we may contact you please refer to our Privacy Policy.
  6. All material published on VICTORIAN REPORTS is published at LWB's sole discretion and may be edited, removed or not published by LWB for any reason.
  7. LWB reserves the right to archive and republish all public contributions to the VICTORIAN REPORTS site.
  8. When you submit public contributions in any format to VICTORIAN REPORTS you warrant to us that you have all necessary rights, including copyright, in the material that you submit and you grant to LWB a non-exclusive irrevocable worldwide royalty free licence to use that material (including on all current and future versions of VICTORIAN REPORTS and associated products and services).
  9. In submitting public contributions for inclusion in VICTORIAN REPORTS you do so on the basis that attribution of authorship of such contributions may not be included on VICTORIAN REPORTS and will be subject to editorial policies of VICTORIAN REPORTS.

Using VICTORIAN REPORTS – Commercial terms

Using VICTORIAN REPORTS – Commercial terms

You may access VICTORIAN REPORTS through:

  1. Free VICTORIAN REPORTS Service: free of charge service; or
  2. VICTORIAN REPORTS Service: this is a premium subscription fee based service which allows you access to additional features.

Codes and other Limited Offers

From time to time LWB may offer access to the VICTORIAN REPORTS Professional Service according to a special code or offer (Limited Offer). If you are accessing VICTORIAN REPORTS through a Limited Offer any separate terms and conditions presented to you with the Limited Offer will also apply to your access to the VICTORIAN REPORTS service.

VICTORIAN REPORTS Service

For subscribers to the VICTORIAN REPORTS Service the following additional commercial terms also apply to the use of VICTORIAN REPORTS.

(a)  Term

When you sign up to VICTORIAN REPORTS you can choose to take a monthly subscription or a fixed term subscription (6 months or 12 months).

If you are not entirely satisfied with VICTORIAN REPORTS, you may terminate your VICTORIAN REPORTS subscription at any time. Simply send an email to  support@victorianreports.com.au.

We will process your request to cancel your subscription as soon as possible and it will take effect from the date of your notice to us.

If you are on a monthly subscription, we will refund your current month, even if it is on the last day of the month.

If you are on a fixed term subscription, we will refund the current month and the months remaining of your term.

In the month before your fixed term subscription is due to expire we will contact you to ask you if you would like to extend your subscription.

(b)  Fees

You have two choices for payment, by credit card (AMEX, MasterCard or Visa) or by PayPal. Payments must be made in Australian Dollars.

When you sign up to a VICTORIAN REPORTS service you are agreeing that you will fulfill your obligation to pay for VICTORIAN REPORTS by the date on which the payment is due.

Credit Card transactions are processed by our ecommerce provider eWay. Our merchant provider is the NAB. We do not store credit card information on our own systems.

Monthly subscriptions will be processed on the monthly anniversary of the date on which you activated your subscription. Fixed term subscriptions are processed on the date on which you activate or renew your subscription. Fees are processed as follows:

  • for credit card transactions, our provider, eway will process the relevant charge on your nominated credit card;
  • for PayPal transactions, PayPal will process the relevant charge and forward the funds to LWB’s PayPal account.

Of course our prices for VICTORIAN REPORTS don’t cover any third-party fees you incur in connection with using VICTORIAN REPORTS including charges for internet access from your internet service provider.

You can find the current prices for VICTORIAN REPORTS on the VICTORIAN REPORTS website.

From time to time we may change the fees but we will send advance notice of these changes to you by email to the address in your Account Information. These changes will not apply until the expiration of your current billing cycle and will become effective the next time you would be charged for VICTORIAN REPORTS. If you do not agree with the new fees you may simply terminate your VICTORIAN REPORTS service.Our Responsibilities (warranties and disclaimers)

Whilst LWB attempts to ensure that information included on VICTORIAN REPORTS is accurate and reliable, because of the possibility of human and mechanical error and other factors LWB does not accept any responsibility for any errors. If you find an error or a problem on the site please let us know at support@victorianreports.com.au.

These Terms do not exclude or limit any guarantee, condition, warranty, right or liability implied into it by law (including by the Australian Consumer Law in the Competition and Consumer Act 2010), the exclusion of which would contravene the law or cause these Terms to be void ('Consumer Guarantees').  These Terms are to be read subject to such Consumer Guarantees.

LWB does not give any guarantee, undertaking or  warranty that the VICTORIAN REPORTS services and materials accessed through that service will be continuously available, uninterrupted or error-free and makes no warranties concerning VICTORIAN REPORTS other than those set out in these terms.

LWB's liability to you for breach of any term of these Terms or of any non-excludable consumer warranties is limited, at LWB's option (and to the extent allowed by law), to repairing or re-supplying VICTORIAN REPORTS or refunding any subscription payment you have made to LWB which we will treat as the cost of re-supplying VICTORIAN REPORTS.

LWB will not be liable to you for any loss of data or corruption of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in any way arising from your use of or inability to use VICTORIAN REPORTS.

You are responsible for making your own assessment of the suitability of VICTORIAN REPORTS for your purposes and any information or advice generated from the use of VICTORIAN REPORTS.

LWB will not be responsible for any loss or damage arising from circumstances outside LWB's reasonable control.

VICTORIAN REPORTS may include links to third party sites and material. LWB does not control those sites and is not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of LWB.

If you are interested in making a link from your site to VICTORIAN REPORTS  please contact support@victorianreports.com.au

Intellectual Property (including permissions)

VICTORIAN REPORTS contains proprietary material of LWB and may contain material licensed from third parties which is protected by copyright and other laws. LWB retains all rights in the VICTORIAN REPORTS site and its materials included in the site.

VICTORIAN REPORTS is made available for personal or internal business use only. You are granted a nonexclusive, nontransferable licence to access and use VICTORIAN REPORTS for the purpose of your own research or study and for the provision of professional legal advice and services to your clients. You may not publish, transmit, sell or otherwise redistribute VICTORIAN REPORTS for commercial purposes. Use of VICTORIAN REPORTS via mechanical, programmatic or automatic devices or by manual processes to monitor or copy the pages or material on VICTORIAN REPORTS is not permitted.

LWB or third parties own all right, title and interest including intellectual property rights to VICTORIAN REPORTS  including software and content. Software used on VICTORIAN REPORTS is protected by applicable copyright, patent or other intellectual property rights of LWB or third parties.

VICTORIAN REPORTS may includes links to material on third party websites. Use of such material is governed by terms of use and copyright policies as set out on those sites.

You may not use VICTORIAN REPORTS in any way that infringes the copyright or other proprietary rights in VICTORIAN REPORTS including material accessed through VICTORIAN REPORTS. You may not remove or obscure any copyright notice or other notice on VICTORIAN REPORTS or on material accessed through VICTORIAN REPORTS.

VICTORIAN REPORTS, LWB and the LWB star device are trade marks of LWB.

Except where otherwise specified the contents of the VICTORIAN REPORTS site are protected by copyright.

Information you provide

It is LWB's policy to maintain your privacy when you use VICTORIAN REPORTS. Please read our Privacy Policy for more information. LWB's privacy policy forms part of these Terms and use of VICTORIAN REPORTS is subject to you agreeing to the terms of our Privacy Policy.

Termination and suspension

If LWB reasonably believes it is necessary to do so to maintain or restore any part of the LWB network we may temporarily suspend or restrict the VICTORIAN REPORTS service.

LWB may, without liability, immediately suspend or restrict your access to VICTORIAN REPORTS if:

  1. there is an emergency or other event outside our reasonable control which means that we are temporarily unable to provide VICTORIAN REPORTS to you; or
  2. you misuse VICTORIAN REPORTS or fail to comply with your obligations as to the use and access of VICTORIAN REPORTS as set out in these terms and conditions.

General

If any provision of this agreement is held to be void or unenforceable then such provision will be taken to be removed from this agreement. The remaining terms will continue to have full effect.

Governing law

These terms and conditions will be governed by the laws of the State of New South Wales, Australia.

VICTORIAN REPORTS, LWB and the LWB star device are all trade marks of Little William Bourke Pty Limited

Copyright © 2016 Little William Bourke Pty Limited (ABN 65 610 951 089) ("LWB"). All Rights Reserved.