Terms & Conditions
- These Conditions are in effect at all times while you are using the Website. By using the Website, you agree to these Conditions. Please read them carefully.
- We reserve the right to amend these Conditions at any time.
While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
- the use of the Website will be uninterrupted or virus and error free;
- any information contained in the Website is complete, accurate or up to date.
- Where the Website contains information, opinions or advice of or given by third parties, we do not endorse such information, opinions or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions or advice.
- You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.
- Access to the Website may be terminated at any time by us without notice.
- While we take all reasonable care in the construction, operation and content of the Website, we make no guarantee or warranty that:
LINKS TO OTHER WEBSITES
- Any links to third party websites located on the Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to the Website, you do so at your own risk.
You must not post or send to or from the Website any information or other material:
- that is inaccurate or misleading or deceptive in any material respect;
- that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);
- for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate or otherwise use the material for any purpose;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia;
- that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
- that may be used in connection with spamming, spimming, phishing, trolling or similar activities.
You must not use the Website for:
- the advertising, promotion or sale of goods or services or any other commercial activity;
- any conduct that would be a criminal offence, give rise to a civil liability, or otherwise be contrary to the law in Australia,
- nor may you solicit any Other User for such purposes.
- You must not through the Website or in any other manner, harass, annoy, intimidate or threaten us or our employees or agents or any Other Users.
- We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.
- You must not post or send to or from the Website any information or other material:
- Except to the extent permitted by the Australian Consumer Law, this clause does not limit our liability in respect of any Consumer Guarantees.
Except where otherwise required by law (including the Australian Consumer Law):
- all guarantees, conditions, warranties or other terms which may be implied by law or otherwise in connection with these Conditions or your use of the Website and the licence in clause 7.3 are excluded;
- we are not liable in tort for any loss or damage suffered by you or by any other person;
- we do not accept responsibility for any Liabilities which you may incur in connection with these Conditions, your use of the Website or any linked website, or the licence in clause 7.3, and you release us from any Claim relating to such Liabilities;
- in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with these Conditions, your use of the Website or the licence in clause 7.3;
- you indemnify us against all Liabilities which we may incur and release us from any Claim in connection with these Conditions, your use of the Website and the licence in clause 7.3.
- We are committed to protecting the privacy of individuals. We collect personal information to provide professional legal services to our clients, to market our services and events, and to let our clients and contacts know about developments in the law.
- We may disclose personal information we collect to our employees and to other persons where required in connection with the provision of our services. We may also disclose that personal information to our contractors and others who assist us in our business.
- If you do not provide us with any Personal Information we may request from you, we may not be able to provide you with our services or otherwise assist you.
INTELLECTUAL PROPERTY RIGHTS
- Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.
- Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us.
- We grant you a non exclusive non transferrable royalty free licence to print and download material from the Website for your personal and non commercial use, provided that you do not modify such material without our consent.
- The licence in clause 7.3 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Conditions.
Subject to the limited licence in clause 7.3, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not, in any form or by any means:
- download, print, display, perform, reverse engineer, modify, reproduce, transmit, disseminate or publish such material;
- create derivative works from any part of such material; or
- commercialise any information, products or services obtained from any part of the material, without our consent or, in the case of third party material, the consent of the owner of the copyright in that material.
By posting or sending material to or from the Website or otherwise providing material to us, you:
- warrant to us that such material does not infringe any Intellectual Property Rights of any person; and
- grant us an irrevocable, perpetual non exclusive royalty free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
- You must notify us as soon as practicably possible, in the event you believe that any material on the Website constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request
RESERVATION OF RIGHTS
- We reserve the right to remove or modify any material on the Website at any time.
- We reserve the right to carry out our own investigations by various means for the purposes of verifying any information which you send or post to or from the Website and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such enquiries and will not be responsible to you for any information incorrectly verified.
- You indemnify us against all Liabilities which we may incur in respect of your breach of these Conditions.
- Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
- Please do not hesitate to send us any queries, comments or requests for information you may have regarding these Conditions. Please click [email protected].
- Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.
- You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.
- These Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.
- If there is any conflict between anything in these Conditions and anything else in the Website, these Conditions prevail.
- A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
- The failure, delay, relaxation or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.
- An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.
- Any indemnity or release in these Conditions survives termination of access to or closure of the Website. Any other provision in these Conditions intended to do so, survives the suspension or termination of access to or closure of the Website.
- The validity and interpretation of these Conditions are governed by the laws of South Australia. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of South Australia.
DEFINITIONS – In these Conditions, unless the context otherwise requires:
- Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Claim means any claim, demand, action or cause of action, whether in contract, tort, equity or under statute, and any loss, cost, expense or Liability arising from or in connection with such claim, demand, action or cause of action.
- Conditions means these Terms and Conditions as amended from time to time.
- Consumer Guarantees means the consumer guarantees under the Australian Consumer Law.
- Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
- Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent.
- Other User means a third party using the Website.
- Personal Information has the meaning set out in the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth).
- Website means the website at www.pmhccn.com.au and includes all information tools and other material posted or accessible from that website.
- We, our and us refers to Henry Carus & Associates ABN 97 872 505 795.
- You, your and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part and includes a person who makes a payment in connection with the use of the Website.
INTERPRETATION – In these Conditions, unless the context otherwise requires:
- headings do not affect interpretation;
- singular includes plural and plural includes singular;
- words of one gender include any gender;
- a reference to a party includes its employees, officers, contractors, executors, administrators, successors and permitted agents and assigns;
- a reference to a person includes a partnership, corporation, association, government body and any other entity;
- a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;
- a provision is not to be construed against us only because we prepared it;
- an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force, unless this would materially change the intended effect of these Conditions;
- the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions.
Giveaway Terms and Conditions
These are just a few rules to follow…
- “LIKE” Henry Carus + Associates Facebook page.
- Must “COMMENT/SHARE” on the pinned giveaway post for 2019.
- Must be 18 years old to enter or have a parent or written consent.
- Must be a legal resident of Victoria, Australia.
- Must agree to the terms of these official rules.
Other than that, just keep in mind that the Henry Carus + Associates Australian Open giveaway is not a solicitation for referrals or recommendations for its services. Henry Carus + Associates is not seeking through this program any referral or recommendation of its services. Henry Carus + Associates also advises you that by visiting Henry Carus + Associates Facebook page, entering this giveaway, or posting any comment or question on any social media page affiliated with Henry Carus + Associates you are not entering into a legal agreement of any kind with Henry Carus + Associates and Henry Carus + Associates is not agreeing to represent you. Do not post any questions related to legal representation on Henry Carus + Associates Facebook page. However, if you do have a legal question, please feel free to contact our office directly to schedule a consultation by calling 03 9001 1318. Henry Carus + Associates is responsible for the content of this promotion, and can be reached at 03 9001 1318.
Official Australian Open Giveaway Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. The Henry Carus + Associates Australian Open Giveaway sweepstakes submission period commences on January 8th, 2019 and ends on January 21st, 2019. The contest program is sponsored by Henry Carus + Associates, Level 11, 607 Bourke Street Melbourne VIC 3000.
Eligibility: Eligibility: Henry Carus + Associates Australian Open Giveaway (the “Promotion”) is open only to legal residents of Melbourne Australia who are 18 years of age or older, or who has written consent from a parent or legal guardian. Entrants must also be an Australian citizen who also locally resides in Victoria at the time of entry. Employees, contractors, directors and officers of Henry Carus + Associates (“Sponsor/Administrator”) and its respective parents, subsidiaries and affiliated companies, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible. Void elsewhere and where prohibited by law.
- Promotion Period: The Promotion begins on January 8th, 2019 and ends on January 21st, 2019 (the “Promotion Period”).
- How to Enter: (all entrants acknowledge their information will not be used or sold for other marketing or promotional purposes.)
- During the Promotion Period, go to the Henry Carus + Associates Facebook page, then post a comment or share who you’re pulling for in the Australian Open. Entrants must like the Henry Carus + Associates Facebook page, comment on a giveaway post, and or share that post with family and friends on Facebook.
- Entrants under 18 years of age at time of entry must have parent or guardian’s approval to enter contest. If it is discovered that an entry by a minor was made without their parent’s or guardian’s written consent was not granted, that entry will be disqualified or forfeited.
- LIMIT ONE (1) ONLINE ENTRY PER PERSON, PER/ DAY. For purposes of this Promotion, a day is defined as a 24-hour period beginning at 12:00 am AEST and ending at 11:59 pm AEST.
- 4. Prize & Odds: 1 winner will be randomly selected and announced on the Henry Carus + Associates Facebook page. Prize winnings will be awarded to the winner within 1-6 weeks after the Promotion Period ends. No substitution or transfer of prize is permitted except at Sponsor’s sole and absolute discretion. All taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winner. Arrangement for pick up of the prize will be performed after winner validation. Odds of winning the prize depend on the total number of entries received. *PRIZE WILL BE AWARDED IN TICKET FORM*
General Rules: Henry Carus + Associates Australian Open Giveaway. Summary of submission rules and guidelines:
- All submissions must be entered during the official time frame of the Promotion to be eligible.
- Comments must be Rated G and clean in topic. Sponsor reserves the right to remove and invalidate from this Promotion posts, or comments that Sponsor determines in its sole discretion are inappropriate.
- You must be 18 or older to participate, or have written consent from a parent or legal guardian.
- All federal, state and local laws apply. Winner will be notified through Facebook. Each potential winner may be required to sign and return an Affidavit of Eligibility and Release of Liability and a Publicity Release and an IRS W-9 form within ten (10) days of attempted delivery or prize will be forfeited. The return of any prize/prize notification as undeliverable or failure to respond to notices or return any documents in a timely manner, as determined by the Administrator, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability or damages associated with this Promotion or acceptance, use or misuse of any prize received in this Promotion. Promotion Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Promotion. Acceptance of prize constitutes permission for the Sponsor and their agencies to use winner’s names and likenesses for purposes of advertising and publicity without further compensation, unless prohibited by law. By participating in this Promotion, participants agree to be bound by the Official Rules and decisions of Henry Carus + Associates Management, which shall be final in all matters relating to the Promotion. Promotion Parties are not responsible for lost, late, misdirected, illegible, incomplete, non-delivered or postage-due mail; or for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, or other error, which may occur in this Promotion. If, in the Administrator’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion, or if technical difficulties compromise the integrity of the Promotion, the Henry Carus + Associates Management reserves the right to void suspect entries and/or modify and/or suspend and/or terminate the Promotion and/or conduct a random drawing to award the prizes in a manner deemed appropriate by the Administrator. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the name appearing on the online entry. Sponsor reserves the right to disqualify any individual who tampers with the Promotion or acts in a disruptive manner. This Promotion is offered only in Australia and is governed by the laws of the State of Victoria. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the state courts of the Victoria for any action, suit or proceeding arising out of or relating to this Promotion.
- Waiver: By participating in this Promotion, a participant waives all rights to claim punitive, incidental and consequential damages, legal fees or any damages other than actual out-of-pocket costs incurred to participate. The winner waives all rights and indemnify Sponsor against any loss or liability resulting from the Prize.
- Winner’s name and photograph will be posted on Henry Carus + Associates Facebook page at https://www.facebook.com/HenryCarusAndAssociates/.
- Sponsor: Henry Carus + Associates, Level 11, 607 Bourke Street Melbourne VIC 3000.
- Facebook is not a sponsor of the Henry Carus + Associates Australian Open Giveaway and any entrants agree to release Facebook from all liability related to the contest.
- Henry Carus + Associates Management reserves the right to modify, change, or cancel this promotion at any time, without notice.
- By entering this giveaway, entrants acknowledge they should NOT communicate any legal questions on any social media channel to include, Facebook, Twitter, Google+, or Instagram.
- Disputes: Each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Henry Carus + Associates Australian Open Giveaway, or any prizes awarded shall be resolved through the sole and exclusive jurisdiction of the courts of the
State of Victoria shall be resolved individually, without resort to any form of class action, and exclusively by an appropriate State Court, and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, or statutory damages, but in no event attorneys’ fees. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Victoria without giving effect to any choice of law or conflict of law rules (whether of the State of Victoria or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Victoria.