Terms & Conditions
Please read this legal statement carefully before using this site.
Your use of this site and the information available on this site is subject to the
following terms and conditions:
- Ownership: This site — www.cla.org.au ('Website') — is owned and operated by the Commercial
Law Association of Australia Limited (CLA).
- Acceptance of Terms and Conditions: Your access and use of the Website is conditional
upon your acceptance and compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on the Website (known collectively as the 'Terms and Conditions'). Your use of and/or continued access to the Website constitutes
your agreement to the Terms and Conditions. The CLA may amend the Terms and Conditions
at any time by posting the amended terms and conditions on the Website. The amended
terms and conditions will be effective immediately and you will be bound by the
amended terms and conditions from that time. This agreement may not be amended otherwise.
You should visit this page periodically to review the Terms and Conditions. If you
violate any Terms and Conditions your right to use and access the Website automatically
terminates.
- Restrictions on Use: The Website is available only for your personal, non-commercial
use. The CLA has the right to change or discontinue any feature of the Website including
the Materials defined in clause 5, hours of availability and equipment required
for access. You may not copy, reproduce, republish, frame, post, upload, distribute,
transmit or modify in any way all or any part of the material contained on this
Website, unless expressly provided for on the Website or expressly authorised in
writing by the CLA. Our Website is available only to, and may only be used by, individuals
who can form legally binding contracts under their applicable law. Without limiting
the foregoing, our services are not available to and may not be used by persons
under 18 years of age. If you do not qualify, please do not use our services.
- Trademarks: All names, logos and trademarks are the property of the CLA or the
third parties who have contributed to the Website. Nothing on the Website should
be interpreted as granting any rights to use or distribute any names, logos or trademarks,
without the express written agreement of the CLA or the relevant contributor. Nothing
displayed on the Website should be construed as granting any licence or right to
use any trademark without the express permission of the CLA, or the relevant third
party contributor.
- Copyright: The content of this Website, including all information such as text,
graphics, images and other material ('Materials'), is protected by Australian and
international copyright law. Unauthorised use of the Material may violate these
laws.
- No Representations: The CLA makes no representations about the accuracy, reliability,
completeness or timeliness of the Material. The Material may contain inaccuracies
or typographical errors. The use of the Website and the Material is at your own
risk. Changes are periodically made to the Website and may be made at any time.
- No Warranties: The Website and Material are provided on an as is basis without
any warranties of any kind. The CLA, to the fullest extent permitted by law, disclaim
all warranties. The Competition and Consumer Act 2010 and all corresponding
state legislation implies terms, conditions and warranties into some contracts for
the supply of goods and services and prohibits the exclusion, restriction and modification
of such terms ("Prescribed Terms"). Except as provided by the Prescribed Terms,
all warranties express or implied by law in any way relating to access to, or non
access to, the Website or the use of or reliance upon the Website or the Materials
are excluded. In addition, the CLA does not warrant that the Website will operate
error free or that this Website and its servers are free of computer viruses and
other harmful goods. If your use of the Website or the material results in the need
for servicing or replacing equipment or data, the CLA is not responsible for those
costs.
- Limitation of Liability: Except as provided by the Prescribed Terms, the CLA, its
suppliers, or any third parties mentioned on the Website shall not be liable for
any damages whatsoever (including, without limitation, incidental and consequential
damages, lost profits, or damages) resulting from the use or access of or inability
to use and access the Website and the Material.
- Taxes: Certain taxes and government charges may be payable in relation to the use
of our services. The CLA has no responsibility for such taxes and other government
charges on transactions on or in anyway connected with the Website.
- Internet Service Providers: If you are an internet service and/or access provider,
which supplies the material to your subscriber, you must not use the Website in
any manner or for any purpose which is unlawful or in any manner which violates
any right of the CLA or which is prohibited by the Terms and Conditions
- Hyperlinks: The Website contains hyperlinks and other pointers to internet websites
operated by third parties ('Linked Sites'). The Linked Sites are not under the control
of CLA and CLA is not responsible for the contents of any Linked Site or any hyperlink
contained in a Linked Site. The inclusion of any link does not imply any endorsement
of the Linked Site by CLA. You link to any such Linked Site entirely at your own
risk. The Website acts as a venue to link charities and members with online retail
stores. We are not involved in the actual transaction between you, the online retail
store and charity. As a result, we exercise no control over the quality, safety
or legality of the items advertised or sold and statements made through any Linked
Sites. The Material on any Linked Site, including product information and prices,
are the responsibility of the operator of the Linked Site. Any information contained
on a Linked Site is subject to change without notice by the operator of that website.
The CLA is not liable for the prices or price changes, including where price changes
have not been reflected on the relevant site. Any purchases or dealings you have
with a Linked Site are done at your own risk. The CLA is not a party to any transaction
between you and a Linked Site. Your use of a Linked Site is subject to the terms
and conditions of that site in addition to the CLA Terms and Conditions. If there
is any inconsistency, to the extent of the inconsistency the CLA Terms and Conditions
prevail.
- Advertisements: The Website contains third party advertisements which contain embedded
hyperLinks or which include referral buttons to Websites operated by third parties
or their licensees or contractors (Advertisers). Clause 11 also applies to sites
operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements
by the CLA.
- Disputes with Linked Sites and Advertisers: As we do not and cannot be involved
in your interaction with Linked Sites and Advertisers, in the event that you have
a dispute with one or more Linked Sites or Advertisers, to the extent permitted
by law, the CLA (and our agents and employees) is released from any claims, demands
and damages (actual and consequential) of every kind and nature known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
- Termination: The Terms and Conditions are effective until terminated by the CLA.
The CLA may terminate this agreement and your access to the Website at any time
without notice. ln the event of termination, you are no longer authorised to access
the Website. All restrictions imposed on you, disclaimers and limitations of liability
set out in the Terms and Conditions will survive termination.
- Governing Law: The Terms and Conditions are governed by and construed in accordance
with the laws of New South Wales, Australia. You irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of New South Wales.
Miscellaneous: If any provision of the Terms and Conditions is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability will not
affect the remainder of the Terms and Conditions which will continue in full force
and effect. All rights not expressly granted are reserved. This agreement sets out
the entire understanding and agreement between the CLA and you with respect to the
subject matter.