Website Terms of Service

Thank you for visiting our website

This website is operated by Lift Legal Marketing Pty Ltd ABN 57 167 389 853 referred to in these terms as “we”, “us” or “our”.

By using this website you agree to these terms and conditions (terms of service). If you do not accept these terms of service, you must refrain from using this website. We reserve the right to amend these terms of service from time to time. Amendments will be effective immediately upon addition to this website and your continued use of this website represents an agreement by you to be bound by the terms as amended.

If you use other services provided by us please refer to these additional terms:

• Website Development Services
• Website Hosting Services
• Website Maintenance Services
• Search Engine Optimisation

These terms also govern all use of the Content, in these terms and in any agreement that includes these terms by reference Content means any content on our website and any content of any kind provided to you by us, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, newsletter articles, blog posts, website content, interactive features and the like.

You acknowledge and agree that if you use any services provide by us you are further subject to our Privacy Policy located at https://liftlegal.com.au/privacy (“Privacy Policy”).

We reserves the right, at our sole discretion, to alter or update these terms of service or the Privacy Policy at any time with or without notice including, without limitation, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics.

By continuing to use our website or any content (of any kind) provided to you by us after any such changes, you agree to be bound by subsequent changes and acknowledge that we shall have no liability to you as a result of any such changes.

Website

These terms of service apply to all users and visitors to our website, including users who are also contributors of content, information, and other materials or services on the website.

Our website may contain links to the websites of third parties on which you may be able to obtain content and/or download software.

Except as otherwise noted, such third party websites, and such content and software are provided by companies which are not affiliated with and independent of us. We do not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor do we necessarily endorse such websites or sources.

By using our website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, when you leave our website we encourage you to read the terms and conditions and Privacy Policy of each other website that you visit.

Website access

We hereby grant you permission to use the website as set out in these terms of service, provided that:

• your use of the website as permitted is solely for your personal, non-commercial use;
• you will not copy or distribute any part of the website in any medium without our prior written authorisation; and
• you will otherwise comply with the terms and conditions of these terms of service and will not use the website in violation of the law or these terms of service.

Intellectual property rights

The Content and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

The Content is provided to you as is for your information and personal use in accordance with any agreement between you and us only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent or the consent of the respective owners.

We reserve all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted in these terms of service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our website or features that prevent or restrict use or copying of any content or enforce limitations on use of our website or the Content.

It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the applicable intellectual property laws.

Display of the Content

Copyright in the Content will remain with us at all times. If you are a paying client or customer of ours you are free to use the Content in accordance with the terms of your agreement with us. Your right to use the Content is otherwise limited to the display of the Content on you website, in any newsletter distributed on your behalf by us or as otherwise consented to in writing by us in our absolute discretion. The licence to display the Content on your website will be renewed annually and will continue during the period that you remain as our paying customer or client.

User content

Unless otherwise agreed in writing signed by us, by submitting content of any kind, including without limitation, text, photos, video, data or other materials either directly to us or through the website (collectively, “materials”), you hereby grant us a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sub-license the foregoing rights through multiple tiers.

You further grant us a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the materials.

Interactive areas

Our website may offer forums, blogs, comment areas, bulletin boards and chat rooms (collectively, “forums”) that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums.

Please use your best judgment, and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language.

You may not use the forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the website without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Any information you disclose when posting a message in these forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting.

Our rights

We do not monitor all of the materials posted or transmitted by you and other third-party information providers via the website, including, without limitation, any materials posted via the forums. You expressly agree that we:

• will not be liable for such materials; and
• reserves the right to review, reject, delete, remove, modify, or edit any materials at any time for any reason, without liability and without notice to you.

Representations and Warranties

You hereby represent and warrant that:

• you have all necessary authority, rights and permissions to submit the materials and grant the licenses described in these terms,
  the materials are accurate, current and complete,
• the materials and your use of our website shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights,
• the materials and your use of our website shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person;
• your participation on or use of our website shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify and hold us, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, losses or expenses, including, without limitation, reasonable legal fees, arising from or related to:

• the materials you provide,
• your use of our website in breach of these terms,
  your breach of these terms, and
• any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.

Prohibited activities

The following is a non-exhaustive list of the kinds of activities that are prohibited on or through our website:

• submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• engaging in activities or submitting materials that could be harmful to minors;
• engaging in activity or submitting materials that harasses or advocates harassment of another person;
• engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about site users, including names, phone numbers, addresses, email addresses, (collectively, “user data”) without their consent;
• engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• submitting materials that contain restricted or password only access pages, or hidden pages or images;
• submitting materials that displays pornographic or sexually explicit material of any kind;
• submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• submitting materials that contain viruses, trojan horses, worms, or any other similar forms of malware,
• engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
• engaging in unauthorised commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
• using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorised purpose without our prior written consent;
• using any device, software, or routine to interfere or attempt to interfere with the proper working of the website;
• decompiling, reverse engineering, or disassembling the software or attempting to do so; or
• taking any action that imposes an unreasonable or disproportionately large load on our website or our hardware and software infrastructure or that of any of its licensors or suppliers.

Warranty disclaimer

You agree that your use of our website shall be at your sole risk. We make no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility, including, without limiting to, for any:

• errors, mistakes, or inaccuracies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
• any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our website,
• any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via our website.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, whether express or implied, as to any matter whatsoever relating to the website and any information, content, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of liability

In no event shall we, our officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever relating to this agreement, including, without limited to, those resulting from any:

• errors, mistakes, or inaccuracies of content,
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
• any unauthorised access to, or use resulting therefrom, of our secure servers and/or any and all personal information and/or financial information stored therein,
• any interruption or cessation of transmission to or from our website,
• any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You specifically acknowledge that we shall not be liable for the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Ability to accept terms of service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of service, and to abide by and comply with these terms of service.

In any case, you affirm that you are over the age of 16, as our website is not intended for children under 16. If you are under 16 years of age, then please do not use our website.

Termination

If, for any reason, you cease to be our paying customer or client your right to use the Content, including the display of the Content on your website, will automatically terminate 12 months after termination of your agreement with us or 12 months after the expiration of the term of your contract with us whichever is the earlier.

Assignment

These terms of service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Service changes

Subject to the terms of any agreement to the contrary, we reserve the right with or without notice to the user at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service. We shall have no liability to any user or any third party should we modify or discontinue service.

General

You agree that:

• the our Website shall be deemed solely based in Sydney, New South Wales; and
• these terms of service shall be governed by the internal substantive laws of the State of New South Wales, without respect to its conflict of laws principles.
• any claim or dispute between you and us that arises in whole or in part from our Website shall be decided exclusively by a court of competent jurisdiction located in New South Wales.
• these terms of service and any other legal notices published by us on the Website, shall constitute the entire agreement between you and us concerning the our Website.
• if any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect.
• no waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.

We reserve the right to amend these terms of service at any time and without prior notice, and it is your responsibility to review these terms of service for any changes.

Your use of the our Website or any content (of any kind) provided to you by us following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.

You and we agree that any cause of action arising out of or related to our website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.