Terms & Conditions
WEBSITE TERMS & CONDITIONS OF USE
Comparative ASEAN Animal Law Library Inc
28 July 2021
1. About the Website
- Welcome to caall.net (the ‘Website’). The Website allows you to access and use the Comparative ASEAN Animal Law Library Inc database (the ‘Services’).
- The Website is operated by the Comparative ASEAN Animal Law Library Inc, ACN/ABN 79528316632 . Access to and use of the Website, or any of its associated Products or Services, is provided by the Comparative ASEAN Animal Law Library Inc (‘CAALL’). Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- the CAALL reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the CAALL updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the TermsYou accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
- CAALL database is a repository of animal law, legal documents, links to legal documents or third party websites and information about the ASEAN region and animal law.
- No accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
4. Acceptable use of the Service
- CAALL database, its related features, and website must only be used lawfully. CAALL reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
- Tampering with, reverse-engineering, or hacking our servers.
- Modifying, disabling, or compromising the performance CAALL database or other the Comparative ASEAN Animal Law Library services.
- Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
- Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by the CAALL.
- For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
- To stalk, harass or threaten users and any member of the public.
- To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with the CAALL or any third party.
- To access or search any part of the Service, or any other Service owned by the CAALL other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
- To post, upload, share, or otherwise circulate content in violation of the CAALL database’s content policy
5. Security and Data Privacy
- Payments made in the course of your use of CAALL database may be made using third-party applications and services not owned, operated, or otherwise controlled by the Comparative ASEAN Animal Law Library . You acknowledge and agree that the Comparative ASEAN Animal Law Library will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for CAALL database services.
- You acknowledge and agree that where a request any payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.
8. Refund Policy
will only provide you with a refund of a payment in the event they are unable to continue to provide the Services or if the manager of the Comparative ASEAN Animal Law Library makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the payment that remains unused by the Member (the ‘Refund’).
9. Copyright and Intellectual Property
The Website, the Services and all of the related products of CAALL are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to 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, and are reserved by CAALL or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by the CAALL, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in device’s cache memory and
- print pages from the Website for your own personal and non-commercial use.
- CAALL does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by the CAALL.
- CAALL retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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), to you.
- You may not, without the prior written permission of the CAALL and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- CAALL will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- 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 warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of CAALL make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of CAALL) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- 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);
- costs incurred as a result of you using the Website, the Services or any of the products of CAALL; and
- the Services or operation in respect to links which are provided for your convenience.
11. Limitation of Liability
- CAALL’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that CAALL, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12. IndemnityYou agree to indemnify CAALL, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
- If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of CAALL or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held online or in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5.Termination of Mediation:
If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and JurisdictionThe Services offered by CAALL is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.
15. Governing Law
The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or
claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.