This sets out the legal basis on which: * you can access and use the Domaynes.com website, and * a response to a request for information or advice is provided.
If you don't agree with these terms, please do not use this website.
1. GENERAL
1.1 User agrees to be bound by Terms & Conditions
(a) Domaynes.com is the internet legal website of the Media Group Trust (MGT).
(b) By using the Domaynes.com website (the Site ), you agree to be bound by these Terms & Conditions which constitute the agreement between you and MGT.
(c) To complete and send a request for information or advice using the contact us form you agree to these Terms & Conditions by clicking on the "I agree" radio button on the contact us page, this acknowledges that you have read and understand the Terms & Conditions.
1.2 Variation of Terms & Conditions
Domaynes.com reserves the right to change, modify, add or remove any part of these Terms & Conditions and to add to, change or discontinue any material or information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes in these Terms & Conditions.
1.3 Governing law
(a) The laws of Queensland govern the operation of this Site and the interpretation of these Terms & Conditions.
(b) You agree to submit to the jurisdiction of the Supreme Court of Queensland in the event of any claim or dispute arising between you and Domaynes.com.
1.4 Validity
If any part of these Terms & Conditions is invalid or unenforceable, that invalidity does not affect the validity or enforceability of any other part of these Terms & Conditions.
2. APPROVAL TO LINK TO THIS SITE
(a) Domaynes encourages linking to the Domaynes home page by any person or organisation who has an interest in, or need for information on the use of the internet or e-commerce.
(b) Should a person, corporation or other entity seek to link to this Site either directly or from within a frameset, the form "Link Request" (hypertext link) must be completed and submitted to Domaynes.com for approval.
(c) Domaynes.com may in its absolute discretion approve or reject a request to link made in accordance with paragraph (b).
(d) A link from a website to this Site must not be established unless Domaynes.com has approved a request under paragraph (c).
3. ACKNOWLEDGMENTS AND WARRANTIES BY YOU
3.1 Acknowledgments by you
You acknowledge that:
(a) information contained in or made accessible by this Site:
(i) is general in nature and cannot take into account your particular circumstances; (ii) represents the views, statements and opinions of the author of any conference paper, article, research paper or other material contained in or made accessible by this Site and does not necessarily represent the views, statements, opinion, knowledge or commitment to a particular course of action of Domaynes.com,
(b) Domaynes.com's response to a request for information or advice:
(i) is based on, relies on and is limited by the instructions and information provided by you; and (ii) is NOT made available to you as professionally binding advice UNLESS Domaynes.com specifically advises you otherwise in their response;
(c) links to other websites on this Site:
(i) are not under the control of Domaynes.com and may contain computer viruses; (ii) are inserted for convenience and do not constitute Domaynes.com’s endorsement of material at those sites, or any associated organisation, product or service; and (iii) it is your responsibility to make your own investigations, decisions and inquiries about the information retrieved from other websites;
(d) references to the products or services provided by a person or company on this Site do not imply any form of endorsement, non-endorsement, support or commercial gain by Domaynes.com of the products or services provided by that person or company;
(e) transmission to or from this website may be intercepted, used and modified by third parties; and
(f) you are solely responsible for any content submitted by you to this Site and any instructions or information provided by you in a request for information or advice. Domaynes.com is not responsible for any incomplete or incorrect information provided by you.
3.2 Warranties by you
You warrant to Domaynes.com that you will not:
(a) use this Site for a purpose that is unlawful or prohibited by these Terms & Conditions;
(b) impersonate any person, entity or corporation, or enter a fictitious name or entity name on any form on this Site;
(c) collect or store personal data about other users of this Site for any purpose;
(d) submit any content that:
(i) infringes the intellectual property rights of any third party; (ii) is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity; (iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail; (iv) contains a survey, contest, or pyramid scheme; or (v) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of this Site or another computer, or
(e) engage in any other conduct that inhibits any other person from using or enjoying this Site.
4. DISCLAIMER AND LIABILITY
4.1 Disclaimer
(a) While the information contained in or made accessible by this Site, or in response to a request for information or advice, has been formulated in good faith and with all due care, due to the fast changing nature of the law relating to the internet and internet content generally, Domaynes.com does NOT warrant:
(i) its accuracy, currency, reliability and correctness; (ii) that it is free from errors or omission, or that it is definitive; (iii) that it is free from computer viruses or other defects; or (iv) its fitness of purpose for any use, including but not limited to use in legal proceedings or for the giving or interpretation of legal advice.
(b) Before relying on the information contained in or made accessible by this Site, you should independently verify its accuracy, currency, completeness and relevance for your purposes, and you should obtain any appropriate professional advice.
4.2 Limitation of liability
(a) To the maximum extent permitted by law, the information stored in or made accessible by this Site, or in response to a request for information or advice, is made available to you on the understanding that Domaynes.com and its employees and agents are not liable to you for any loss, damage, cost or expense incurred or arising by reason of you using or relying on the information and whether caused by reason of any error, negligent act, omission or misrepresentation in the information or otherwise.
(b) Domaynes.com does not attempt to exclude any rights or remedies which due to the operation of the Trade Practices Act 1974 or similar State and Territory legislation cannot be excluded. Domaynes excludes all other conditions and warranties implied by custom, statute or the general law.
(c) To the extent permitted by law, Domaynes.com’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Domaynes.com to the supply of the legal information services again.
4.3 Indemnity by you
It is a condition of the use of this Site that you indemnify the authors and operators of this Site against all claims and actions however arising from the use of material, information, advice or links provided in the Site or otherwise provided by Domaynes.com, including but not limited to, direct or consequential breaches of copyright, trademark or other intellectual property rights, or contravention of any local, national, or international restrictions on the publication or transmission of content.
5. PRIVACY POLICY
5.1 Operation of the Site
The Domaynes.com Site is operated by the Media Group Trust(ACN 003 623 630) (MGT). See ‘Contact Us’ for further details. The principal solicitor of the MGT is responsible for the administration of this privacy policy.
5.2 Collection of personal information
You may provide personal information to Domaynes.com when you complete and send an online form to Domaynes.com. The personal information required by each online form located on this Site is as follows:
(a) Link Request: you are required to provide a name and e-mail address. This information is collected for the purpose of advising you whether your application to link to the Domaynes.com site has been granted or refused. We can improve our service by knowing the nature of sites that are linked to Domaynes.com.
(b) Feedback form : this information is collected for the purpose of receiving feedback from users of the Domaynes.com site to improve our service. This information will be deleted once the feedback is obtained.
5.3 Use of personal information
Personal information collected from you under clause 5.2 will only be used by us for the purposes stated in clause 5.2 and when required by law (eg court order or warrant).
5.4 Access to personal information
(a) You may access personal information that MGT holds about you by telephone or e-mail request.
(b) You must provide your year and country of birth when making a request so that we can verify your identity. Access will be provided free of charge. MGT will endeavour to provide access in a way that is convenient to you.
(c) Any proposed correction to the personal information held by the MGT will be kept attached to the relevant MGT record.
5.5 Security
(a) Domaynes.com takes all reasonable steps to ensure personal information we have collected from you is held securely in an electronic database and in hard copy files.
(b) Client information must be kept for six (6) years from the closure of a file under the professional indemnity insurance policy of the MGT. Domaynes.com will delete or destroy this information as soon as practicable after this period elapses.
(c) Information is not transmitted to Domaynes.com under clause 5.2 using Secure Sockets Layer (SSL) encryption technology.
5.6 Cookies
(a) A cookie is a small data field that some websites write to your hard drive when you visit them. A cookie file can contain information such as a user id. A website may use cookies to track the pages you have visited. A cookie file can only contain the personal information you supply yourself.
(b) Domaynes.com uses cookies.
5.7 Links on the Domaynes.com Site
The Domaynes.com site contains links to other websites. You are responsible for information that you provide to these sites. We recommend that you review the privacy policy of any site that requests personal information. This policy does not cover the privacy practices of these linked sites.
5.8 Clickstream data
(a) Clickstreams are the paths you take when navigating a website and the internet in general. When you visit our Site, our servers record the following information for statistical purposes:
(i) your server (IP) address and machine name; (ii) the date and time of visit to this Site and time spent on particular pages; (iii) pages accessed and documents downloaded; (iv) the number of bytes transmitted and received for each request; (v) the previous site or page visited; (vi) the search engine and keywords used; (vii) any linked referral; and (viii) the type of browser used and its operating system.
(b) Domaynes.com examines this information to determine the traffic through the server as well as access levels to specific pages. In order to deliver better services, we also perform statistical analysis to establish priorities and allocate resources.
(c) No attempt will be made to identify you or your browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect server logs.
(d) The statistics and log files may be preserved indefinitely and used at any time and in any way necessary to prevent security breaches and to ensure the integrity of the information supplied by Domaynes.com.
(e) Access to and use of this information is restricted to the management and staff of Domaynes.com, who are subject to an agreement to adhere to this privacy policy.
(f) Domaynes.com will not disclose or publish information which identifies individual machines, or potentially identify sub-groupings of addresses without your consent.
(g) Domaynes.com reserves the right to gather more extensive information than indicated above regarding any attempted access to this Site which raises security issues, or in circumstances where Domaynes.com has reason to believe a breach of the law is being or has been committed, and where necessary to make disclosures to the relevant authorities.
5.9 Privacy acknowledgment by you
You acknowledge that Domaynes.com may use information provided by you or through your use of this Site in accordance with this clause 5 (Privacy Policy).
6. COPYRIGHT
(a) This Site is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved by Domaynes.com.
(b) This Site is protected by Australian and international copyrights in the graphics, design, layout, typography, and expression of information, whether as a compilation or otherwise.
(c) Information on this Site may not be reproduced in whole or in part for general publication or commercial purposes without the permission of Domaynes.com. All information on the MGT website has been specifically obtained for use on this site only. Therefore, anyone who wishes to use articles written herein, must seek permission from the individual authors and not MGT.
(d) The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of Domaynes.com and/or other third parties, or references to such trademarks, patents, technologies, products, processes or other intellectual property rights. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of Domaynes.com and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the content of this Site, without the express written consent of Domaynes.com or unless expressly authorised by law, is prohibited.
