Agreement between Customer, Prospective Customer and / or Website User or Reader and Separation Help Australia Pty Ltd.
Welcome to DivorceCoachingAustralia.com.au ( DCA website ). In these terms and conditions, the terms "we", "us", "our", "DCA" and "DCS website" refer to Separation Help Australia Pty Ltd, ABN 70 112 658 983. The term "you" refers to the customer, prospective customer and/ or web user / reader using the DCA website.
The DCA website is offered to you expressly conditioned on your acceptance without modification of the terms, conditions and notices contained herein ("Agreement"). By accessing and using the DCA website in any manner, you agree to be bound by the Agreement. If you do not accept all of these terms and conditions, you are not permitted to use the DCA website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the DCA website signifies your acceptance of the updated or modified Agreement.
You hereby agree to waive any rights to challenge the validity or enforceability of these contracts entered into on the DCA website on the grounds that it was made in electronic form instead of by paper and/or signed or sealed.
1. Use of the DCA website
As a condition of your use of the DCA website, you warrant that:
(a) you are at least 18 years of age;
(b) you will use the DCA website in accordance with this Agreement; and
(c) all information supplied by you on the DCA website is true, accurate, and complete.
2. Pre-Separation Package Benefits
There are some parts of the DCA website and services that DCA provides which are only available after registration and payment.
Payment is payable in advance. We use a third-party subscription management system provided by PayPal (www.paypal.com) to process payments on the DCA website.
In order to register and receive the package benefits you must provide all requested details on our Registration page as well as information to PayPal. We reserve the right to change our third party subscription management system at any time. Direct Bank Deposit or electronic bank transfer payment methods are also available.
We do not collect or keep credit cards or bank account details and any issues regarding payments or usage of credit cards, bank account details, etc must be directed to the third party company that processed your payment.
Once the payment is processed and we received notification of same, we will provide you with a confirmation notice of your subscription which will be emailed to you within two business days. You will then become a “DCA Member”, and have access to the other benefits listed on the DCA website. Access to the Benefits will commence on the date we receive notification from PayPal and will expire on the 12 month anniversary of that date.
Separate fee agreements may be entered in to between those purchasing a Pre-Separation package and any professional / business service providers. Please read these additional terms and conditions carefully. DCA accepts no responsibility or liability stemming from those fee agreements.
3. Your Conduct
The content and information on the DCA website, is proprietary to us or our contractors. You must not use the DCA website or its contents or information for any commercial or non-personal purpose (direct or indirect). You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, products, or services obtained from DCA website without written permission from WSS. In addition, you agree not to:
(a) use the DCA website or its contents for any commercial purpose;
(b) use any device, software or routine to interfere or attempt to interfere with the proper working of the DCA website;
(c) copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in the DCA website including, without limitation, text, graphics, button, downloads and software without the express written permission of the DCA website, except where permitted by law;
(d) access, monitor or copy any content or information on the DCA website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
(e) deep-link to any portion of the DCA website for any purpose without our express written permission; and
(f) "frame", "mirror" or otherwise incorporate any part of the DCA website into any other website without our prior written authorization.
4. Submissions to DCA or the DCA website
We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on DCA or otherwise, you grant us a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if we choose. However, you acknowledge that DCA may choose to provide attribution of your comments at our discretion. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published.
You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes intellectual property right of any third party.
5. Disclaimer of Warranties and Accuracy of Information
All material on the DCA website is provided in good faith. DCA make no representations or warranties:
(a) about the suitability of the information, products, and services contained or advertised (including the listed professional service providers) on the DCA website for any purpose;
(b) that any material on the DCA website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material);
(c) that this website is free of viruses or other harmful components; and
(d) that your access to the DCA website will be uninterrupted, timely or secure.
The inclusion or offering of any products or services on the DCA website (including the listed professional / business service providers) does not constitute any endorsement or recommendation of such products or services by WSS. All such information, products, and services are provided "as is" without warranty of any kind.
The professional / business service providers who advertise on the DCA website are independent parties and not agents or employees of DCA.
DCA, to the extent permitted by law, is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such professional / business service providers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
6. Limitation of Liability
To the maximum extent permitted by law, DCA will not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of the DCA website or with the delay or inability to access, display or use the DCA website (including, but not limited to, your reliance upon information appearing on the DCA website; any computer viruses, information, software, linked sites, products, and services obtained through the DCA website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if DCA and/or their respective suppliers have been advised of the possibility of such damages.
Notwithstanding the limitation above, in the event that DCA is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of DCA will not event exceed, in the aggregate, the greater of: (a) the joining fees you paid to DCA in connection with such transaction(s), or (b) One-Hundred Dollars (AU$100.00).
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option:
(a) in the case of products:
(i) the replacement of the products or the supply of equivalent products;
(ii) the payment of the cost of replacing the products or acquiring equivalent products;
(b) in the case of services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
You agree to indemnify DCA from and against any claims, causes of action, demands, losses, damages, fines, or other costs or expenses of any kind including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) your breach of this Agreement; or
(b) your violation of any law or the rights of a third party.
8. Advertisements and Links to Third-Party Sites
Hyperlinks to websites operated by parties other than DCA will appear on the DCA website from time to time. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. If you link to such websites, you do so at your own risk. The inclusion of advertisements and hyperlinks to other websites does not imply any endorsement of the advertiser or of the material on such websites or any association with their operators.
9. Copyright and Trade Marks
All contents of the DCA website are © 2013 DCA. All rights reserved. You may use this information for your own personal reference only and such information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of DCA or the appropriate supplier of DCA.
You may not use any part of the material on the DCA website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
The DCA logo is a trade mark in Australia. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at Contact Us.
10. Service Providers
Legal Service Providers, Mortgage Brokers, Financial Planners or other professionals / business (collectively “Service Providers”) who advertise through the DCA Service Providers Directory may pay an advertising fee to DCA to list with DCA when they receive business from their listing in the directory. Paying for advertising this way helps Service Providers keep their costs down. Alternatively service providers may pay an annual advertising fee to list in the directory.
This helps fund the site and means that Carolyn does not need to look for lots of service providers but is able to direct her time to building an informative and quality site while also focusing on negotiating extra discounts. Because of this advertising agreement between DCA and the service provider, the service provider offers the discounted or free services as listed on the DCA website.
Should you have any questions regarding advertising fees and charges, please Contact Us.
The DCA website is operated by Separation Help Australia Pty Ltd and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of the DCA website. Use of DCA is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
DCA may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCA or any of its affiliates as a result of this Agreement or use of the DCA website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of the DCA website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and DCA with respect to the DCA website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the DCA website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.