Last Updated: July 2023
The IP House Lawyers Pty Ltd (ACN 606 474 962) (collectively ‘we’, ‘us’ and ‘our’) owns and operates this website at http://www.theiphouse.com.au/ including any subdomains (Website).
You expressly understand and agree that the access to and use of this Website and services and functionality available through the Website (collectively, Services) is subject to the following terms, conditions and notices (Terms of Use).
These Terms of Use are between the permitted users (collectively “you” and “your”) and us (Parties).
- Acceptance of the Terms of Use
(a) By using the Services, you agree to all of the Terms of Use, which may be updated by us from time to time at its sole discretion, including to consider new laws, technology or service (Amendments). Amendments will be effective immediately from the date of their publication on the Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms of Use as amended.
(b) By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms of Use. If you disagree with the Terms of Use, you must cease usage of the Website, or any of Services, immediately.
(c) You expressly understand and agree that the Website only provides you with general guidance on legal topics, and it is not a substitute for legal advice or financial advice.
2. The Use of the Website
(a) Access to this Website is permitted by us on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.
(b) At our sole discretion, from time to time, we may restrict access to some parts or all of the Website or terminate your account by reason of breach of the Terms of Use or inappropriate use of the Website or the Services.
(c) Access to this Website is permitted by us when you expressly understand and warrant that you are of legal age to form a binding contract.
(d) You warrant that all information provided by you to us is accurate and lawful.
(e) You expressly understand and agree that the use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without guarantees, warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors makes any express or implied representation or warranty about the Services or other services referred to on the Website. This includes (but is not restricted to) loss or damage (including consequential loss or damage) you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services-related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of; and
(iv) the Services or operation in respect to links that are provided for your convenience.
3. Linked Sites
This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
4. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at http://www.theiphouse.com.au/privacy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
5. Prohibitions
(a) You must not misuse this Website. You will not:
(i) commit or encourage a criminal offense;
(ii) unlawfully use the Website in any way, including breaching non-Australian laws;
(iii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; or in any way damage the operation of the Website
(iv) hack into any aspect of the Service; corrupt data; cause annoyance to other users; bypass any security;
(v) infringe upon the rights of any other person’s proprietary rights;
(vi) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6. Intellectual Property, Software and Content
(a) The intellectual property rights, including but not limited to title and interest in all software and content including, but not limited to photographic images, text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features or the Services, are owned or controlled for these purposes made available to you on or through this Website, remain our property or of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved us and our licensors.
(b) Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark 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).
(c) You may store, print and display the content supplied solely for your own personal use, but it does not grant you any other rights whatsoever in relation to the Website or the Services.
(d) You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
7. Disclaimer of Liability
(a) You expressly understand and agree that we accept no liability whatsoever for the misuse of your passwords and Accounts or your failure to complete an inquiry form or application for our service via the Website.
(b) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. You expressly understand and agree that to the fullest extent permitted by law, our liability for a breach of such a non-excludable consumer guarantee is limited to the supplying of the services again.
(c) You expressly understand and agree that to the fullest extent permitted by law, we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any loss and damage (including consequential loss or damage) whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort (including negligence), equity, restitution, by statute, at common law or otherwise.
(d) Subject to Clauses 7 (b) and 7 (c), You expressly understand and agree that our maximum aggregated liability for all losses, damages and claims arising in contract, tort (including negligence), equity, restitution, by statute, at common law or otherwise in connection with the use of the Website is limited to the sum of AUD100.00.
8. Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
9. Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
10. Indemnity
(a) You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, 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 from your use of this Website or your breach of the Terms of Use arise in contract, tort (including negligence), equity, restitution, by statute, at common law or otherwise;
(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 of Use.
11. Variation
We have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
12. Invalidity
If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
13. Governing Law
These Terms of Use will be governed by the laws of New South Wales, Australia and the Parties agree that they will submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts entitled to hear appeals from those courts.