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Terms of Use

    1. ExpertsDirect is Australasia’s first online directory of experts, expert witnesses, consultants and keynote speakers. ExpertsDirect is primarily intended for use by lawyers, barristers, law firms, judges and court personnel, government and law enforcement agencies, insurance companies and others in the legal, business, insurance and forensic communities seeking to retain experts, expert witnesses, consultants, investigators and professional service providers.ExpertsDirect is owned and operated by ExpertsDirect Pty Ltd T/A ExpertsDirect, ABN 99 164 648 980 (“ExpertsDirect”). All content and information provided on or through the Website may be used solely under the following Terms and Conditions of Use.
    2. The information contained on this site is protected under the Copyright Laws of the Australia and other applicable laws. ExpertsDirect is a registered trademark under the laws of Australia. Improper use of this Website may be a violation of Australian law and subject violators to severe civil and criminal sanctions. ExpertsDirect is vigorous in its enforcement of its rights.
    3. Certain of the information contained on this site has been provided by the experts listed. In as much as portions may have been verified by ExpertsDirect, users are cautioned that they should always independently verify the qualifications and background of any expert, expert witness, consultant, investigator or legal service provider.
    4. Although ExpertsDirect and its affiliates take no responsibility for the accuracy or completeness of any listing or other information on this site, and all information is provided AS IS, we invite your input and comments, as well as your recommendations of experts to be included in this directory.

Terms  and Conditions of Use

    1. Your use of the ExpertsDirect website (http://expertsdirect.com.au/newsite) (the “Website”) constitutes your acceptance of and agreement with these Terms and Conditions of Use. ExpertsDirect may change these Terms and Conditions of Use from time to time by posting updated versions on this Website and such changes are effective immediately upon posting. You are responsible for regularly reviewing the Terms and Conditions of Use, and continued use of the Website after any such changes constitutes your consent to such changes. These Terms and Conditions of Use were revised as of 10 July 2013.
    2. Use of this site constitutes agreement by the user to accept service by e-mail or electronic transmission.
    3. This Website provides extensive information about experts and the use of experts, expert witnesses and consultants in litigation, legal and forensic matters generally. Although many leading experts, barristers, lawyers and law firms have worked with this Website, and ExpertsDirect to prepare and edit the content on this Website, ExpertsDirect is a content publisher, and does not serve as your expert, consultant, barrister, solicitor, law firm, or other advisor.
    4. By using this Website, you are agreeing that under no circumstances will ExpertsDirect, its affiliates, or any expert, consultant, legal support or services provider, lawyer, barrister or law firm listed on the Website be responsible for: (1) any information contained on or omitted from the site(s), (2) any person’s reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the Website. ExpertsDirect and its affiliates also have no responsibility for (4) any person’s satisfaction with any expert, consultant, provider, lawyer or law firm, whether relating to competence, diligence, or otherwise, (5) the results of any information, testimony or services provided given by or representation from any expert, consultant, provider, barrister, lawyer, or law firm or (6) the failure or refusal of any expert, consultant, provider, lawyer or law firm to respond to you.
    5. You may have the ability to send (by e-mail or otherwise) messages directly to experts and ExpertsDirect through the Website. ExpertsDirect shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorised use by ExpertsDirect or third parties of any information you send through our systems. You are solely responsible for your interactions with experts on and through the Website.

Use of this Website and any Information or Materials

    1. The Website contains information, content, text, photographs, designs, graphics, images, recordings, advertisements, animation and other materials and effects (collectively, the “Materials”) that are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual or proprietary rights owned by ExpertsDirect and/or third parties which have authorised its use by ExpertsDirect. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
    2. This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, copying, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission by a senior officer of ExpertsDirect or the applicable rights holder. The Materials on the Website may not be used by you or other third parties, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any of the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
    3. Any permitted use of the Website does not extend to using the Website or Materials for any illegal or immoral purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of ExpertsDirect or any third party using the Website or Materials.

License

    1. By virtue of your use of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Materials for non-commercial purposes solely in accordance with these Terms and Conditions of Use. ExpertsDirect may terminate this license at any time for any reason and/or bar you from future access. By using the Website, uploading content to or submitting any materials for use on the Website, you grant ExpertsDirect a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed.

Automated Activity

    1. You agree not to use any automated script to submit any form or other database entry to this Website. This Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary to ExpertsDirect or is licensed to ExpertsDirect by third parties. You agree that if and to the extent prohibited in the then current robots.txt file or HTML meta tags on the Website, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission. Additionally, you agree that you will not: (1) take any action that is likely to impose an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (3) harvest email addresses from the Website for any purpose whatsoever, or (4) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

Linking

    1. ExpertsDirect generally welcomes links to the Website from other reputable websites. You may link freely to the Website PROVIDED THAT (1) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page, (2) you do not, by framing or otherwise create an impression that you own, control or have any rights to any part of the Website, (3) you do not link to any secure page (a secure page is one with an https:// prefix), and (4) you agree to discontinue providing links to this Website if and when requested by ExpertsDirect.

Disclaimer

    1. ExpertsDirect makes efforts to try to assure that the information it presents in the portions of the content it authors on the Website is accurate. ExpertsDirect cautions, however, that because of the volume, complexity of the material, the ever changing laws and regulations and court decisions, and significant state by state (and sometimes community to community) differences, and because ExpertsDirect communicates information provided and created by advertisers, consumers, software developers, publishers, marketing agents, resellers and other third parties, ExpertsDirect may have little or no control over the accuracy of such information, and regardless of any control, ExpertsDirect makes no guarantee or representation as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or for any resulting loss or damage.

No Warranty, No Liability, Indemnification

    1. ExpertsDirect makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that ExpertsDirect shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
    2. THE WEBSITE AND THE MATERIALS ARE PROVIDED BY EXPERTSDIRECT ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EXPERTSDIRECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
    3. IN NO EVENT SHALL EXPERTS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS OR SITES LINKED FROM THE WEBSITE OR MATERIALS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. EXPERTSDIRECT SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.
    4. ExpertsDirect reserves the right to revise any or all of the Materials on the Website and/or to modify any features, specifications, or materials without notice.

Registration

    1. Certain sections of the Website require you to register to gain access or to use features. Additional Terms and Conditions of Use may apply to sending of e-mails through the Website or use of any section in which registration is required. If registration is requested, you agree to provide accurate, complete registration information. It is your responsibility to make any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. ExpertsDirect does not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you should notify ExpertsDirect immediately by emailing admin@expertsdirect.com.au or telephoning 1300 847 855.
    2. To review ExpertsDirect’s Privacy Policy, please go to ExpertsDirect Privacy Policy. ExpertsDirect has no responsibility for any sites linked from the Website or for sites operated by third parties, and such outside sites each have their own privacy policies.

Miscellaneous

  1. ExpertsDirect reserves the right to investigate complaints or reported violations of the Terms and Conditions of Use and to take any action ExpertsDirect deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ExpertsDirect reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to ExpertsDirect’s Website. This constitutes the agreement with respect to your access to and use of the Website, together with any Additional Terms and Conditions of Use which you may have expressly accepted by use of other features on the Website. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that the Terms and Conditions of Use will be governed and construed in accordance with the laws of the Australia without giving effect to conflict of laws principles, and agree that any action you or your successors or assigns may bring against ExpertsDirect related to this Website may only be brought in an Australian court and you further agree to submit to personal jurisdiction in such courts should ExpertsDirect initiate action against you related to your use or abuse of this Website, and to pay any and all damages related to your violation of these Terms and Conditions of Use, and to also pay ExpertsDirect such costs, fees and expenses as it reasonably incurs or expends (including legal costs) if and to the extent ExpertsDirect successfully prevails against you for your actions in violation of any of the Terms and Conditions of Use, or any false representation you make, or any breach of a warranty you commit.