Disclaimers and Terms and Conditions of Use
When using the Davis & Associates (Davis) website (Website) and Davis’ website services you agree to these terms and conditions listed on this web page (Terms and Conditions of Use). Davis may from time to time amend, update or change this Website including these Terms and Conditions of Use without prior notice.
General disclaimer
Davis is not liable to you or anyone else for any loss you suffered in connection with the use of this Website or a linked website.
This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
Copyright
This Website isour copyright property. Davis’ intellectual property and subject to copyright.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:
- adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
- commercialise any information, products or services obtained from any part of this Website,
Trade marks
These trade marks [insert Davis trade marks] and other names of Davis products and services referred to in this Website are trade marks of Davis.
Other products and company names mentioned in this Website may be the trade marks of other people or entities.
If you use any of Davis’ trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of Davis’ trade marks:
- in or as the whole or part of your own or other trade marks;
- in connection with activities, products or services which are not Davis’;
- in a manner which may be confusing, misleading or deceptive; and
- in a manner that disparages us or our information, products or services (including this Website).
Links and other business relationships
Other than as required by law, Davis makes no representations or warranties whatsoever about any other website which may be accessed through this Website. Links are provided as a courtesy to our clients only and in no way should be interpreted as an endorsement.
Davis makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any website with which it is linked.
Further, Davis is not responsible for any information or opinions published on any website linked to or from this Website.
In no event will Davis be liable to any person for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked website, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Linking to this Website
Linking to this Website will only be permitted with the express prior written consent of Davis. Any links if allowed, must link directly to this Website’s homepage and none of the other pages within unless otherwise agreed by us in writing.
Contents
This Website and its contents must not be distributed, posted, transmitted, modified, reused or otherwise reproduced in whole or part without Davis’ express prior written consent.
Warranties
To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
No liability
Davis assumes no liability for the use of any information posted here.
In no event will Davis or its employees, agents, suppliers, or contractors be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if Davis has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Website or any Website with which it is linked.
To the extent permitted by law, Davis’ liability in relation to any product or service purchased as a consequence of your use of the Website is limited to the purchase price paid by you to Davis for that product or service.
Interference
Davis is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as "worms" or "trojan horses") that may interfere with or damage the operations of your computer systems.
Invitation to Treat
Nothing in this Website, including these Terms and Conditions of Use, is to be construed as an offer to enter into a contract with Davis in relation to the provision of any goods or services. This Website and the goods and services displayed within it is an invitation to treat only.
Publishing information about a product or Service on this Website does not ensure its availability. Products are advertised subject to availability.
Davis is not liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.
Indemnification
You agree to fully indemnify and hold Davis harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from a breach by you of these Terms and Conditions of Use.
Waiver
Davis’ failure to exercise or enforce any one or more of its rights under these Terms and Conditions of Use will constitute a waiver of such rights unless such waiver is granted by Davis in writing.
Governing law
These Terms and Conditions of Use will be governed and interpreted in accordance with the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of that State.
If any of the provisions of these Terms and Conditions of Use is, or the application of one or more of those provisions to any person or circumstance is, or becomes illegal, invalid or unenforceable in any jurisdiction, that or those provisions will be:
- interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and
- if necessary to maintain the effectiveness of these Terms and Conditions of Use, be severed for the purposes of that jurisdiction,
with the remaining provisions remaining in full force and effect
All legal content contained on this Website relates only to the laws of New South Wales, unless specifically stated otherwise. The laws of New South Wales may be different from your laws.
Language
The parties agree that the Terms and Conditions of Use have been prepared in English and to the extent any translation of these Terms and Conditions of Use is necessary, such interpretation must be consistent with the English meaning of these Terms and Conditions of Use.
